Smith Township Washington County
City Zoning Code
City Zoning Code
PART 11
Express Standards and Criteria for Certain Permitted Uses, Conditional Uses and Uses by Special Exception
§ 1100 Applicability.
[Ord. 2007-2, 5/22/2007]
The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all zoning districts.
§ 1101 Procedure for Approval.
[Ord. 2007-2, 5/22/2007; as amended by Ord. 2010-3, 9/1/2010]
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 no less than seven calendar days 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 survey 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 the applicable express standards and criteria of this Part for the proposed use.
(3)
A traffic study, as defined herein, prepared by a registered traffic engineer for any use that will generate 100 or more additional peak-hour trips during the adjacent roadway's peak hours, based on the ratios and methodology contained in the current edition of the manuals of the Institute of Transportation Engineers (ITE).
(4)
The application fee required by § 1707 of this chapter.
B.
A written recommendation is received from the Township Planning Commission or 45 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 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 to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. The applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided that the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided that the applicant is granted an equal number of additional hearings for rebuttal.
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 1C and D above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time. 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.
In considering an application for conditional use approval, the Board of Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1701 of this chapter.
I.
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 the Township Subdivision and Land Development Ordinance[1] may be processed concurrently, provided that all application requirements of both ordinances for a conditional use and a land development plan are met.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
2.
Expiration of conditional use approval. Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or a 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. 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 current property survey 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 the applicable express standards and criteria of this Part for the proposed use.
(3)
A traffic impact analysis, prepared by a registered traffic engineer, for any use that will generate 100 or more additional peak-hour trips during the adjacent roadway's peak hours, based on the ratios and methodology contained in the current edition of the manuals of the Institute of Transportation Engineers (ITE).
(4)
The application fee required by § 1707 of this chapter.
B.
At least one copy of the public notice shall be posted on the affected property at least one week prior to the public hearing.
C.
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 the procedures specified by § 1607 of this chapter.
D.
In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is available by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The burden of persuading the Zoning Hearing Board that the proposed use will not offend general public interest, such as the health, safety and welfare of the neighborhood, rests upon the applicant.
E.
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1701 of this chapter.
F.
If land development approval is required for the use by special exception, the application for approval of a land development required by the Township Subdivision and Land Development Ordinance[2] 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 Ch. 22, Subdivision and Land Development.
4.
Expiration of approval of a use by special exception. Approval of a use by special exception shall expire automatically, without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or a certificate of occupancy to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
5.
Oil and Gas Development, Drilling and Related Operations Application. To begin the permitting process for oil and gas development, a conditional use application must be filed with the Township in accordance with § 1101. No hearing will be scheduled until all of the information set forth hereinafter has been received by the Township. In addition to the applicable standards for the Zoning District of the proposed use, the express standards and criteria for granting conditional uses contained in the Township Code, the application must contain the following information:
[Added by Ord. 2015-8, 9/21/2015[3]]
A.
Information:
(1)
The name and address of the applicant, including the name and telephone number of a local representative;
(2)
The mineral and/or oil and gas lease royalty and surface owner(s);
(3)
A copy of the oil and gas or mineral lease (recorded memorandum) and any drilling permits issued by the Commonwealth of Pennsylvania, or if a state permit has not yet been issued, the application, if submitted, shall be attached;
(4)
The exact description of the location of the proposed facility/operation;
(5)
Setbacks. Certification that the applicable setbacks will be met; and
(6)
The name and address of all property owners within 300 feet of the proposed site.
B.
Work Hours. Provide the proposed timeline and hours of development/site work and the use of trucking and heavy equipment during each phase of the process, from initial site preparation to drilling operations and post-drilling operations.
C.
Road Bonding and Maintenance. The applicant will review and execute a joint road maintenance agreement with the Township and provide the appropriate bonding and list of subcontracts.
D.
PPC Plan. The operator shall provide to the Township's first responders, including the Fire Department, Police Department, and ambulance service(s), and to the Zoning Officer/Code Enforcement Officer a copy of its preparedness, prevention and contingency (PPC) plan. Before drilling, the applicant shall confirm in writing that the Township's first responders have secured adequate training to deal with any potential dangerous conditions that may result due to construction activities on each site. First responders shall have a minimum of five hours of training per year to meet this standard. Upon request from the Township, the operator will, prior to drilling of its first oil and gas well in Township, make available, with at least 30 days' notice, at its sole cost and expense, one appropriate group training program of up to five hours for first responders. Such training shall be made available at least annually during the period when the operator anticipates oil-and-gas-related activities in the Township.
E.
The applicant shall provide a schedule indicating the following dates, which the Township acknowledges is subject to change:
(1)
Anticipated site preparation beginnings and endings.
(2)
Anticipated drilling or mining activity beginnings and endings.
(3)
Anticipated completion (perforating) work to begin and end.
(4)
Anticipated simulation (fracturing) work to begin and end.
(5)
Anticipated production work to begin and end.
(6)
Anticipated plugging date.
(7)
Anticipated site restoration.
F.
Permits. All applicable state, local and federal permits must be attached to the application or provided upon issue.
G.
Insurance. Operator/applicant and/or its contractors shall as part of the conditional use furnish to the Township a certificate of liability insurance naming the Township as an additional insured. With respect to operations conducted within the Township and showing liability insurance covering commercial, personal injury, and general liability in the amounts not less than $25,000,000 per person, $25,000,000 per occurrence, and $25,000,000 property damage. The operator/applicant shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Township, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage. The Township reserves the right to approve said coverage.
H.
On-Site Trailers. Information on the number of trailers anticipated to be located at the site, including essential work trailers and workers' bunk trailers.
I.
Review Hearings. The operator of an oil and gas development shall meet with the Township annually to discuss new technology, operation procedures, and any community concerns. If the Township deems necessary, after working with the operator, a public meeting may be scheduled to respond to questions from Township residents.
J.
Approval. The procedure for conditional use approval is outlined in Chapter 27, § 1101, of the Township Code.
[3]
Editor's Note: Section 13, Future Development Activities, of this ordinance provided as follows: "The oil and gas industry is constantly changing, with new technologies and operations occurring at a rapid pace. The continuous change involved in this industry makes it difficult for the Township to amend its ordinances and regulations to cover every possible activity involved in oil and gas development. The operations and activities related to oil and gas development typically involve the use of potentially hazardous chemicals, heavy industrial equipment, increased truck traffic and noise, which if left unregulated could seriously threaten the public health, safety and welfare of the residents and all premises within the Township. Furthermore, the Township has a duty to regulate oil and gas development in a manner so as to protect local public natural resources (including surface water and groundwater and air) as required by the Environmental Rights Amendment. Therefore, the Township believes it to be necessary to enact a provision that requires any oil and gas development and related activities that are not specifically provided for or defined in this chapter or in the Township Code to apply for conditional use approval subject to the provisions contained in §§ 1101, Subsection 5, and 1103, Subsection 45, herein, as well as any additional conditions set by the Township Board of Supervisors."
§ 1102 General Standards.
[Ord. 2007-2, 5/22/2007]
In addition to the specific standards and criteria listed for each use in § 1103 below, 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 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.
B.
The use shall comply with the performance standards of § 1201 of this chapter.
C.
The use shall comply with all applicable requirements of Part 13, governing parking and loading, Part 14, governing signs, and § 1202, governing screening and landscaping.
D.
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.
F.
For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable Americans with Disabilities Act (ADA) requirements have been met in the design.
§ 1103 Standards for Specific Uses.
[Ord. 2007-2, 5/22/2007; Ord. 2009-6, 8/20/2009; Ord. 2010-3, 9/1/2010; Ord. 2010-4, 11/8/2010; Ord. 2013-1, 9/9/2013; Ord. 2015-3, 5/12/2015; Ord. 2015-8, 9/21/2015; Ord. No. 2018-1, 7/16/2018; Ord. No. 2023-2, 4/17/2023; Ord. No. 2024-5, 11/12/2024; Ord. No. 2025-1, 6/16/2025; Ord. No. 2025-2, 8/18/2025]
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 1102 above, an application for any of the following uses that are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use:
1.
Adult business, subject to:
A.
Adult businesses shall only be permitted in the I-1 Industrial District. Adult businesses shall not be permitted in any other zoning district.
B.
All adult businesses shall comply with the provisions of Smith Township Ordinance No. 3 of 1997.[1]
[1]
Editor's Note: See Ch. 13, Licenses, Permits and General Business Regulations, Part 5, Sexually Oriented Businesses.
C.
An adult business shall not be located within 1,000 feet of a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or preschool facility, or public park adjacent to any property located in a C-D, A-1, R-1 or R-V District, measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.
D.
An adult business shall not be located within 1,000 feet of any other adult business, measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.
E.
No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.
F.
An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use, subsequent to the grant or renewal of the adult business permit, by the location of a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or nursery school or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
G.
Any adult business, other than an adult motel, that exhibits on the premises, in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
(2)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Township as an area in which patrons will not be permitted.
(4)
No viewing booth shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
(5)
All viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.
(6)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than five footcandles, as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(7)
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, nor shall the performers have easy access to the viewers present.
(8)
Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.
(9)
The operator of any adult business shall obtain the license required by Smith Township Ordinance No. 3 of 1997 and shall maintain such license throughout the operation of the business.[2]
[2]
Editor's Note: See Ch. 13, Licenses, Permits and General Business Regulations, Part 5, Sexually Oriented Businesses.
2.
Airport, subject to:
A.
The minimum site required for an airport shall be 50 acres.
B.
The application shall show the following information:
(1)
The approximate location, use and height of all structures within 2,600 linear feet of the ends of landing strips and within 1,200 linear feet of the side of landing strips.
(2)
The exact location of landing strips and the use and height of structures on the immediate property.
(3)
The anticipated types of aircraft to be accommodated and the volume of activity contemplated.
(4)
Plans for lighting and fuel handling.
(5)
Copies of required approvals from all State and Federal agencies responsible for regulation of aircraft and aircraft facility operations.
C.
Lighting shall be shielded away from adjacent properties and streets.
D.
The applicant shall submit a report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the Federal Aviation Administration (FAA) referred to in 14 C.F.R., Part 150, § A150.103.
E.
The applicant shall submit proof of ownership of liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
F.
No takeoffs or landings shall occur between the hours of 9:00 p.m. and 6:00 a.m.
3.
Animal hospital, subject to:
A.
In the B-1 District, the minimum lot area required for an animal hospital shall be 10,000 square feet, and no outdoor runs shall be permitted. In the A-1 District, the minimum lot area required for an animal hospital with an outdoor kennel or outdoor runs shall be five acres. In the A-1 District, the minimum lot area for an animal hospital without an outdoor kennel or outdoor runs shall be two acres.
B.
All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.
C.
Outdoor kennels shall be located at least 300 feet from any property line adjoining property located in any C-D, A-1, R-1 or R-V District and at least 50 feet from any other property line.
D.
In the B-1 District, overnight boarding of animals, other than for medical supervision, shall not be permitted.
E.
In the A-1 District, overnight boarding of animals shall be permitted if the animals are housed overnight within a completely enclosed building, as defined herein.
F.
Kennels associated with animal hospitals shall be licensed by the Commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1701 of this chapter.
G.
Odors shall be controlled so as to comply with the performance standards of § 1201 of this chapter.
4.
Apartment in combination with business, subject to:
A.
Dwelling units shall not be located on the street floor of the building.
B.
Dwelling units shall have a minimum habitable floor area of 800 square feet.
C.
Dwelling units in basements or accessory garages shall not be permitted.
D.
Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use.
E.
One and one-half off-street parking spaces shall be provided for each dwelling unit. Shared parking for residential and commercial uses shall not be permitted.
5.
Bed-and-breakfast, subject to:
A.
In the R-V District, the minimum lot area for a bed-and-breakfast shall be 10,000 square feet. In all other districts where a bed-and-breakfast is authorized, the minimum lot area shall be one acre.
B.
There shall be full-time on-site supervision when the bed-and-breakfast is operating.
C.
No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.
D.
The maximum length of stay for any guest shall be 14 consecutive days or no more than 30 cumulative days in a calendar year.
E.
The maximum number of sleeping rooms shall be four rooms.
F.
In addition to the parking required for the dwelling, one parking space shall be required for each sleeping room offered to overnight guests.
G.
Off-street parking shall not be located in any minimum required front or side yard. Parking shall be screened from adjoining properties in an R-1 or R-V District by Buffer Area C, as described in § 1202, Subsection 1, of this chapter.
H.
One identification sign shall be permitted, and such sign may either be attached to the wall of the dwelling or may be freestanding in the front yard, provided that the surface area of any sign shall not exceed six square feet, the height of any freestanding sign shall not exceed four feet and the freestanding sign shall be located at least 10 feet from any property line.
6.
Billboards, subject to:
A.
All billboards shall be subject to the express standards and criteria contained in § 1406 of this chapter.
7.
Car wash, subject to:
A.
All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure that has at least two walls.
B.
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
C.
Standing spaces shall be provided in accordance with the requirements specified in § 1206 for drive-through businesses.
D.
The facility shall be connected to a sanitary sewer system approved by the Pennsylvania Department of Environmental Protection (PA DEP).
E.
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
8.
Cemetery, subject to:
A.
The minimum site required for a cemetery shall be 10 acres.
B.
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
C.
A groundwater study certified by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application that demonstrates that the proposed cemetery will not have a negative impact on the groundwater.
D.
Plans for ingress/egress to the site shall be referred to the Township Police Chief for comments regarding public safety.
E.
Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along any property line adjoining an existing dwelling for the distance necessary to screen the dwelling and its rear yard.
F.
Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for indoor places of assembly specified in Part 13.
G.
All maintenance equipment shall be properly stored in an enclosed building when not in use.
H.
Burial sites or burial structures shall not be located within 25 feet of any property line.
9.
Communications tower, subject to:
A.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.
B.
Any applicant proposing a new freestanding communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing commercial communications tower. A good-faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:
(1)
The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure and the interference cannot be prevented at a reasonable cost.
(3)
Existing buildings, communications towers or public utility structures do not have adequate space to accommodate the proposed equipment.
(4)
Addition of the proposed equipment would result in NIER (non-ionizing electromagnetic radiation) levels that exceed any adopted local, Federal or State emission standard.
C.
The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communications tower will be 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, and applicable requirements of the Uniform Construction Code.
D.
The applicant shall demonstrate that the proposed tower structure is safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris.
E.
All guy wires and guyed towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.
F.
The tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six-foot-high chain-link fence with self-latching gate to limit accessibility to the general public.
G.
All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.
H.
All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.
I.
No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.
J.
One parking space shall be provided for periodic visits by maintenance workers.
K.
No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
L.
The maximum height of any communications tower shall be 200 feet; provided, however, that such height may be increased to no more than 300 feet, provided that the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 200 feet.
M.
The foundation and base of any communications tower shall be set back from a property line (not lease line) adjacent to an A-1, R-1 or R-V District at least 200 feet and shall be set back from any other property line (not lease line) at least 100 feet.
N.
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
O.
The communications equipment building shall comply with all required yard (measured from the lease line) and height requirements of the applicable zoning district for an accessory structure.
P.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
Q.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.
R.
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and 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 antenna.
S.
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
T.
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
10.
Comparable uses not specifically listed, subject to:
A.
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:
B.
The number of employees.
(1)
The floor area of the building or gross area of the lot devoted to the proposed use.
(2)
The type of products, materials and equipment and/or processes involved in the proposed use.
(3)
The magnitude of walk-in trade.
(4)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 1201 of this chapter.
C.
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
D.
The proposed use shall comply with any applicable express standards and criteria specified in this Part for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.
E.
Regardless whether the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a permitted use, conditional use or use by special exception, the Zoning Hearing Board shall review the proposed use as a use by special exception and shall act on the proposed development plan.
F.
The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.
11.
Contractor's yard in the B-1 District, subject to:
A.
The minimum site area shall be two acres.
B.
The maximum height of any stacked materials stored outside a completely enclosed building shall be 10 feet.
C.
All loose materials, such as aggregates, sand, mulch, topsoil, compost and similar materials, stored outside a completely enclosed building shall be contained in bins.
D.
The perimeter of the outside storage yard, including any bins, shall be completely enclosed by a six-foot-high fence with gate.
E.
The outside storage yard shall be located to the rear and/or sides of the building, provided that the storage area is at least 10 feet from any side or rear property line. The outside storage yard shall not be located in the area between the front lot line and the front building line.
F.
If there is an existing dwelling on adjacent property, any outside storage yard within 25 feet of the common property line shall be screened along that common property line by a solid wall, compact hedge or opaque fence that is no less than four feet but no more than six feet in height.
G.
There shall be no outside storage of any inoperable vehicles or equipment or any unlicensed vehicles.
H.
The outside storage area shall be maintained so as to not harbor rodents, create standing water or stormwater runoff or otherwise constitute a nuisance or menace to the public health or safety.
11A.
Data Center.
A.
Development Standards. All data centers shall comply with the following development standards:
(1)
Lot Requirements.
(a)
Minimum Lot Size:
1)
Data centers less than 40 MW - five acres.
2)
Data centers 40 MW or greater - 30 acres.
(b)
Maximum Lot Coverage: 65%.
1)
At least 10% of the total lot area, excluding stormwater management facilities, must be designated green or open space.
(c)
Minimum Lot Width: 150 feet.
(2)
Building Setbacks.
(a)
Front yard: 50 feet minimum from right-of-way.
(b)
Side yard: 50 feet minimum.
(c)
Rear yard: 50 feet minimum.
(d)
From Residential and Agricultural Districts: 200 feet minimum from any residential or agricultural zoned lot line.
1)
If located on the ground, any equipment for cooling, ventilating, or otherwise operating the facility, including any power generator or other power supply equipment, must be located at least 300 feet from the lot line of any residential or agricultural zoned property.
(3)
Building Design Standards.
(a)
Maximum Building Height: The maximum building height shall be 75 feet.
(b)
Architectural Requirements:
1)
Facade variations shall be required to enhance visual appeal.
2)
Main entrance features shall be clearly defined.
3)
Buildings shall incorporate design elements to improve appearances.
4)
Walls visible from public rights-of-way shall not exceed 100 feet in length without architectural treatment.
(c)
Data Center Accessory Equipment Screening:
1)
All data center accessory equipment shall be screened from public view. Furthermore, all data center accessory equipment shall be secured against unauthorized entry and safeguarded in an approved manner.
2)
Screening shall be accomplished through landscaping, fencing, or architectural elements compatible with the primary building.
3)
Screening shall be a minimum of 12 feet in height for ground-mounted components and a minimum of 10 feet in height for roof-mounted components.
(4)
Landscaping.
(a)
Buffer Yard Requirement:
1)
Buffer Area A shall be required in accordance with § 1202.1.A for a visual screen of native vegetation installed between the facility and public roadways.
2)
A minimum 50-foot buffer yard shall be provided along all property lines abutting residential and agricultural districts.
3)
Buffer yards shall include a dense screen of evergreen and deciduous trees.
4)
Trees within buffer yards shall be planted at a minimum height of 12 feet and reach a minimum height of 30 feet at maturity.
(5)
Access and Parking.
(a)
Access:
1)
All access roads, including emergency access roads, shall have a total lane width of not less than 24 feet, excluding any on street parking areas and shoulder.
2)
Primary access shall be from collector or arterial roads.
3)
Access from local Township streets is prohibited unless no alternative exists.
4)
It shall be demonstrated that there is an adequate second means of ingress and egress suitable for emergency access to the site.
5)
A minimum of one fire lane intended for aerial apparatus access to roof structures shall be provided. The lane shall be:
a)
A minimum of 24 feet wide restricted to travel and not including any on street parking or shoulder;
b)
Clearly identified with ground markings and post-mounted signs;
c)
Free from any overhead obstructions; and
d)
Able to access the area not less than 15 feet nor greater than 30 feet from the data centers and be on the same side of the structure as the access road.
(b)
Parking:
1)
1.5 spaces per onsite employee during peak shift.
2)
Off-street loading shall be provided in accordance with § 1303, Off-Street Loading.
B.
Operational Standards.
(1)
Noise.
(a)
Noise Limits:
1)
Noise limits shall meet the standards set forth in Chapter 27, § 1201.B, or the latest Noise Ordinance adopted by the Township.
(b)
Noise Studies:
1)
A noise study shall be provided during pre-construction plan review showing anticipated levels and post-construction six months after issuance of certificate of occupancy showing noise levels at the time of operation along all property lines.
2)
Annual noise monitoring reports, if requested by the Township, shall be provided at the owner's expense.
3)
A preliminary sound study for the data center and associated DCE shall be conducted as part of the conditional use process. The preliminary sound study shall recommend the noise reducing materials or systems to meet the aforesaid noise limits.
(c)
Noise Mitigation:
1)
All equipment that generates noise, including HVAC systems, generators, and cooling systems, shall be enclosed within sound-attenuating structures.
2)
Noise barriers or berms shall be installed where necessary to achieve compliance with noise limits.
3)
When noise-producing equipment is abutting a residential or agricultural district or use, such equipment shall be placed so that the data center is between the affected lot and the equipment.
4)
If the data center has more than one lot line that abuts a residential or agricultural district or use, the sound-producing equipment shall be placed on the side of the data center that does not abut the residential or agricultural district or use or the side that has the greatest setback from the affected property line(s) with distance preference going to existing residential or agricultural uses.
(2)
Vibration. No vibration from equipment, including fans and pumps, shall be perceptible beyond the property line.
(3)
Lighting.
(a)
All outdoor lighting shall comply with the Township's outdoor lighting regulations.
(b)
Lighting shall be designed to minimize glare and light trespass onto adjacent properties.
(c)
Full cut-off fixtures shall be used for all outdoor lighting.
(d)
A photometric plan shall be provided showing all exterior lighting for the data center and shall be designed so as to not produce more than zero footcandles at all property lines.
(4)
Utilities and Infrastructure.
(a)
Power Supply:
1)
The applicant shall submit documentation confirming adequate electric power supply is available without negatively impacting existing power users.
2)
All primary and backup power systems shall be identified in the application.
a)
Short-term backup power shall utilize uninterruptible power supplies (UPS) providing 25 hours of operation.
b)
Long-term backup power shall utilize diesel- or gas-powered generators.
(b)
Water Usage:
1)
Water-cooled data centers shall submit a water impact study to demonstrate that water systems will not adversely impact nearby wells, ponds, streams, and adjoiner public potable water users.
2)
Water conservation methods shall be implemented to minimize consumption during drought conditions.
3)
The applicant shall provide a will serve letter from the public water utility confirming that the required quantities will be supplied and shall supply a water needs analysis confirming the required quantities.
4)
The applicant shall provide a will serve letter from the public sewage utility confirming capacity is available for the site.
5)
Annual water usage reports shall be provided to confirm compliance with the amount of water permitted to be used.
6)
Water recycling and reuse strategies shall be implemented where possible.
(c)
Utility Connections:
1)
All utility connections shall be installed underground.
2)
Backup generators and related data center accessory infrastructure shall be identified on site plans.
(5)
Emergency Management Requirements.
(a)
Emergency Preparedness.
1)
An emergency response plan shall be submitted and approved by the Township Emergency Management Coordinator and Fire Department.
2)
The plan shall address fire prevention, suppression systems, evacuation procedures, and hazardous materials management.
3)
Annual emergency response drills shall be conducted in coordination with local emergency services.
4)
Any gated emergency access route or secondary access route shall be fitted with the Knox-Box® type device dictated by the Fire Department.
5)
Signage. Approved signs shall be provided on all exterior doors and around the perimeter of the complex notifying of all hazards. The signs shall include emergency contacts for owners and subcontractors, if applicable.
6)
Energy Management System. An approved energy management system shall be provided for monitoring and balancing voltages, temperatures, and other functions within the manufacturer's specifications. This system shall transmit an alarm signal to an approved location if potentially hazardous conditions are detected.
7)
Smoke Detection System. An approved automatic smoke detection system shall be installed. This system will alert emergency responders.
8)
Fire Extinguishing System. All rooms within the structure shall be equipped with an automatic sprinkler system. This system will alert emergency responders.
9)
Alternative Fire Extinguishing System. Areas that utilize water-reactive materials or equipment shall be protected with an approved alternative automatic fire extinguishing system. This system will alert emergency responders.
10)
Emergency Shutdown. An emergency shutdown switch shall be located outside of the structure readily available for emergency responders.
11)
Spill Control and Neutralization. In areas that contain liquid electrolytes, acids or other hazardous materials, an approved method shall be provided to control, contain and neutralize spills.
12)
Gas Detection System. A gas detection system shall be provided if natural gas is used. The system shall be designed to detect natural gas leaks in concentrations of not more than 25% of the lower flammable limit. The system will close all supply valves, shut down all fuel cell power systems, and initiate local audible and visual alarms, and notify emergency response automatically.
13)
Vehicle Impact Protection. Protection from impact by a motor vehicle shall be provided around the perimeter of the structure.
C.
Conditional Use Requirements.
(1)
Additional Permits:
(a)
The applicant/user shall be responsible for obtaining all applicable federal and state permits.
(b)
Upon approval of the conditional use permit, the applicant/user shall be responsible for obtaining land development approval in conformance with the Smith Township Subdivision and Land Development Ordinance.
(2)
Air Quality and Emissions:
(a)
Any emissions of exhaust, gases, noxious odor or similar shall adhere to applicable state and federal emission standards.
(3)
Ecological Impact:
(a)
Inventory of existing natural resources, habitats, and wildlife shall be provided (PNDI receipt).
(4)
Waste Management Plan:
(a)
All e-waste and recycling shall be handled and disposed of in an approved disposal site.
(b)
All conditional use applications shall include a hazardous materials management plan including onsite storage. Hazardous materials shall include, but not be limited to, batteries, diesel fuel for backup generators, coolants, cleaning and maintenance materials, and e-waste such as fluorescent lamps and circuit boards.
(5)
Infrastructure Impact:
(a)
Identify all necessary infrastructure improvements, if applicable.
(b)
Proposed contributions to infrastructure improvements.
(6)
Public Services Impact:
(a)
Prior to commencement of construction, the applicant/user must coordinate with the local school districts to coordinate construction and equipment traffic in an effort to ensure that there is no impact on school drop-off and pick-up times.
(7)
Visual and Aesthetic Impact. The applicant/user shall provide and implement the following:
(a)
Visual simulation model showing the facility from multiple viewpoints.
(b)
Analysis of compatibility with surrounding land uses.
(c)
Facility design elements to minimize visual impacts.
(d)
Viewshed protection measures.
(8)
Cumulative Impact Analysis:
(a)
The application shall show compatibility with the Township's Comprehensive Plan.
D.
Enforcement and Penalties.
(1)
Violations of this subsection shall be subject to the enforcement procedures and penalties set forth below in Subsection 11A.G and/or in the Smith Township Zoning Ordinance.
(2)
In addition to other remedies, the Township may require the facility operator to implement additional mitigation measures if operational impacts exceed projections or standards established by this subsection.
(3)
The failure of Smith Township to enforce any provision of this subsection shall not constitute a waiver by the Township of its rights of future enforcement hereunder.
E.
Decommissioning and Site Restoration.
(1)
Decommissioning Plan:
(a)
Prior to issuance of grading and building permits, the applicant shall submit a decommissioning plan for approval by the Township. The plan shall detail procedures and requirements for removal of all structures and restoration of soil and vegetation.
(b)
The decommissioning plan shall include the following elements:
1)
The anticipated life of the data center facility; and
2)
The estimated decommissioning costs in current dollars, including contingency; and
3)
A timeline for decommissioning activities; and
4)
The method of ensuring that funds will be available for decommissioning and restoration; and
5)
A schedule for updating the decommissioning cost estimate and financial security every three years and/or prior to a transfer of ownership; and
6)
A detailed scope of work for decommissioning that includes removal of all structures, equipment, wiring, conduit, foundations to a depth of at least four feet below grade; and
7)
A plan for restoring the site to predevelopment conditions or better, including stabilization and revegetation of the site.
(2)
Determination of Abandonment:
(a)
A data center facility shall be considered abandoned when it has not been in active operation for a period of 12 consecutive months.
(b)
The Township shall notify the owner in writing of the preliminary determination of abandonment and allow the owner 30 days to respond.
(c)
If the owner fails to respond or demonstrate that the facility has not been abandoned, the Township shall issue a final determination of abandonment.
(3)
Decommissioning Process:
(a)
Decommissioning shall commence within 60 days of final determination of abandonment.
(b)
All decommissioning work shall be completed within 180 days of commencement.
(4)
Financial Security:
(a)
Prior to the issuance of grading and building permits, the applicant shall provide financial security in the form of a performance bond, irrevocable letter of credit, or other security acceptable to the Township.
(b)
The financial security shall be in an amount equal to 125% of the total estimated decommissioning and restoration costs.
(c)
The financial security shall remain in effect until decommissioning and restoration are completed to the satisfaction of the Township.
(d)
The financial security shall be reviewed and updated prior to any sale of the property/transfer of ownership and/or every three years (whichever shall occur first) to account for inflation and changes in estimated costs.
(e)
If the owner fails to complete decommissioning within the specified period, the Township may draw upon the financial security to complete the decommissioning and restoration.
(f)
The applicant shall file the approved decommissioning plan with Washington County Recorder of Deeds.
(g)
Forms of financial assurance:
1)
An escrow account.
2)
A certificate of deposit or an automatically renewable, irrevocable letter of credit from a financial institution chartered or authorized to do business in Pennsylvania and regulated and examined by a federal agency or the Commonwealth.
3)
A bond executed between the grantee and a corporate surety licensed to do business in Pennsylvania.
4)
A negotiable bond of the federal government, the Commonwealth or a municipality within Pennsylvania.
(5)
Transfer of Ownership:
(a)
The decommissioning requirements shall run with the land and be binding upon future owners, successors, and assigns.
(b)
Prior to transfer of ownership, the new owner shall provide updated financial security to the satisfaction of the Township.
F.
Compliance with Township Code. Unless specifically set forth herein, compliance with all applicable performance standards, general standards, and requirements of the Smith Township Code and Zoning Ordinance must occur.
G.
Violations.
(1)
In the event of a violation of any provision herein and failure of owner to correct said violation in the time period provided by the Township and/or its designated agent, said failure shall constitute a civil violation, as defined in the laws of the Commonwealth, and shall be prosecuted in accordance with the laws of the Commonwealth and the Rules of Civil Procedure adopted by the Pennsylvania Supreme Court.
(2)
Except where specific maximum penalties are provided elsewhere, in a law of the Commonwealth uniformly effective for political subdivisions or in another ordinance of the Township for a particular violation, any person/entity who shall violate any provision of this subsection, any provision of any code or other regulation adopted by reference by this subsection, or any provision of any other Township ordinance, including applicable general performance standards for said use, shall, upon an adjudication and a finding of a violation, pay a civil penalty not to exceed $1,000 for a violation of building, housing, property maintenance, health, fire, and public safety codes and for water, air and noise pollution violations; and a civil penalty not exceeding $600 for any violation of the Township Code, costs of prosecution, or attorneys' fees where authorized; all collectible as provided by law.
12.
Day-care center or preschool facility, subject to:
A.
The facility shall be registered with or licensed by the Commonwealth, if applicable.
B.
In the A-1 and R-1 Zoning Districts, the facility shall be permitted to be located only in a church or school.
C.
Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a fence with self-latching gate.
D.
Outdoor play areas that adjoin residential lots shall be screened by Buffer Area C, as defined by § 1202, Subsection 1, of this chapter, along any property line that adjoins an existing dwelling.
E.
The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children.
F.
Off-street parking shall be provided in accordance with the requirements of Part 13 of this chapter.
13.
Equestrian center, subject to:
A.
The minimum site required shall be 50 acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
Off-street parking shall be provided based on the following ratios:
(1)
One space for each horse stall.
(2)
One space for each three seats or for each 80 linear inches of bleachers in the arena.
(3)
One space for each caretaker's dwelling.
(4)
One space for each 300 square feet of gross floor area devoted to office use.
(5)
One space for each sleeping unit in a lodge, inn or bed-and-breakfast.
D.
At a minimum, the Board of Supervisors may approve off-street parking areas that are proposed to be improved with a dust-free, all-weather surface, depending on the number of parking spaces and the frequency of use of the facility; however, the Board of Supervisors may require that some or all of the off-street parking areas be paved in accordance with the requirements of Part 13 of this chapter, depending on the number of spaces and the frequency of use of the facility.
E.
The driveways leading from the public street to the off-street parking areas and the equestrian facilities shall be paved.
F.
Oversize parking spaces shall be provided to accommodate horse trailers and recreational vehicles. These designated spaces shall be separate from the off-street parking provided for spectators.
G.
Off-street parking areas shall be located at least 200 feet from any property line adjoining property in a C-D, A-1, R-1 or R-V District.
H.
The applicant shall submit a traffic study, as defined herein.
I.
Bridle paths shall be located at least 50 feet from any property line.
J.
Indoor riding arenas, outdoor riding rings and outdoor riding arenas shall be located at least 300 feet from any property line adjoining property in a C-D, A-1, R-1 or R-V District.
K.
There shall be no retail display or sales area on the site; however, retail sales of riding equipment and clothing may be offered to participants using catalogs or samples, provided that orders are delivered directly to the purchaser. (Note: Retail sales can be conducted on B-1 property.)
L.
If camping or other overnight accommodations are proposed on the site, sanitary facilities shall be provided.
M.
The use of the indoor or outdoor arenas shall be limited to equestrian events and agricultural exhibits and activities; provided, however, that no more than 15% of the total number of events in a calendar year that are not agricultural in character, such as car shows, antique shows, flea markets and similar activities, may be nonagricultural in character.
N.
No outdoor speakers shall be permitted.
O.
Outdoor lighting, if any, shall be limited to security lighting for the parking areas and building perimeters.
P.
The use shall be subject to the performance standards of § 1201 of this chapter.
14.
Family day-care home, subject to:
A.
An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened along any property line that adjoins an existing dwelling by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.
B.
Outdoor play areas shall have a minimum area of 400 square feet.
C.
A safe area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street.
D.
The family day-care home shall be licensed by, or approved by, the Commonwealth, as required by the laws of the Commonwealth, and continued compliance with the license or approval and all applicable laws of the Commonwealth shall be maintained throughout the operation of the family day-care home.
E.
All applicable criteria of § 1103, Subsection 18, of this chapter governing home occupations shall be met.
15.
Funeral home, subject to:
A.
The minimum lot area for a funeral home shall be 40,000 square feet.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
C.
All off-street parking areas that adjoin properties in an A-1, R-1 or R-V District shall be screened by a six-foot-high dense, compact evergreen hedge.
D.
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
16.
Garden apartments or townhouses, subject to:
A.
The minimum site required to construct garden apartments or townhouses shall be one-half acre or 21,780 square feet.
B.
The maximum dwelling unit density shall be six units per acre.
C.
The minimum required setbacks shall be as follows:
Yard | Setback | |
|---|---|---|
Front yard | 35 feet | |
Side yard | ||
Adjoining single-family dwelling | 35 feet | |
All others | 10 feet | |
Rear yard | ||
Adjoining single-family dwelling | 35 feet | |
All others | 25 feet | |
All other area and bulk regulations of § 702 shall apply. | ||
D.
All parking areas adjacent to property containing a single-family dwelling shall be screened by Buffer Area C, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen the dwelling and its rear yard.
E.
All portions of the property not covered by buildings, driveways, parking and recreation facilities shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.
F.
The design and orientation of the buildings on the property shall take into account compatibility with and visual impact on adjacent single-family residential properties.
G.
On lots containing more than 24 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the residents shall be provided.
17.
Golf course or golf or country club, subject to:
A.
Golf courses and golf or country clubs shall have a minimum site of 30 acres; driving ranges and putting courses shall have a minimum site of five acres.
B.
Clubhouses shall be located at least 100 feet from any property line adjoining property in any A-1, R-1 or R-V District and at least 50 feet from all other property lines.
C.
The clubhouse and all parking areas shall be screened from any existing dwelling on adjoining property by Buffer Area B, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen the building and parking areas from the dwelling and its rear yard.
D.
Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.
E.
Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.
F.
Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.
G.
Any driving range that is proposed to be illuminated shall provide a photometric plan and cross-sections showing impacts on adjoining properties and shall be subject to testing after installation to show compliance with § 1201E of this chapter governing glare.
H.
The backstop for any driving range shall be buffered from dwellings on adjacent properties using a combination of landscaping, earthen mounding and natural materials to minimize the visual impact.
18.
Home occupation, subject to:
A.
The home occupation shall be carried on by a member of the family residing in the dwelling unit. In the A-1 and R-1 Districts, only one person who is not a resident of the dwelling unit shall be employed in the dwelling unit. In the R-V District, no one who is not a resident of the dwelling unit shall be employed in the dwelling unit.
B.
In the R-1 and R-V Districts, the home occupation shall be carried on wholly within the principal dwelling, and the home occupation shall not be conducted in any accessory structure. In the A-1 District, the home occupation may be carried on in the principal dwelling and/or in an accessory structure.
C.
If the home occupation is conducted in the dwelling, no more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation. If the home occupation is conducted in an accessory structure, the floor area devoted to the home occupation shall not exceed 25% of the gross floor area of the principal dwelling.
D.
There shall be no on-site production of articles for sale in the home occupation, other than customary handicrafts made by the resident, that may be produced for sale off the premises. Such articles shall not be displayed in quantity for sale on the premises, except that samples may be kept for the purpose of accepting orders.
E.
There shall be no display on the premises of merchandise available for sale that has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.
F.
There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign as authorized by § 1403F of this chapter.
G.
The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.
H.
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 1201 of this chapter.
I.
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
J.
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
K.
The use shall not cause an increase in the use of public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
L.
In the R-1 and R-V Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises. In all other districts, the Zoning Hearing Board shall determine the appropriateness of the number and type of vehicles to be used for delivery and/or conduct of the home occupation, considering usual traffic patterns in the area.
M.
There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building, as defined herein.
N.
Any home occupation where customers, clients or students routinely visit the premises shall provide a dust-free, all-weather off-street parking area in accordance with the requirements of Part 13 for the specific use in addition to the spaces required for the dwelling.
O.
The following are examples of permitted home occupations, provided that all of the foregoing criteria are met:
(1)
Beauty shop or barbershop containing only one or two chairs.
(2)
Artist, photographer or handicrafts studio.
(3)
Catering off the premises.
(4)
Contracting business.
(5)
Computer programmer, data processor or writer.
(6)
Consultant, clergy, counselor, bookkeeping, accounting, graphics or drafting services.
(7)
Dressmaker or tailor.
(8)
Professional offices that involve routine visitation by customers or clients.
(9)
Housekeeping or custodial services.
(10)
Interior designer.
(11)
Jewelry and/or watch repair, not including wholesale or retail sales.
(12)
(12) Lawnmower and small engine repair in the A-1 District only.
(13)
Locksmith.
(14)
Mail-order business.
(15)
Manufacturer's representative.
(16)
Repair of small household appliances that can be hand-carried in the A-1 District only.
(17)
Telemarketing.
(18)
Travel agent.
(19)
Tutoring or any other instruction to no more than five students at any one time.
(20)
Word processing, typing or secretarial services.
P.
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including but not limited to:
(1)
Beauty shops or barbershops containing more than two chairs.
(2)
Blacksmith or metalworking.
(3)
Boarding stables.
(4)
Clinics, hospitals or nursing homes.
(5)
Funeral homes.
(6)
Group-care facility, personal-care boarding home or transitional dwelling.
(7)
Kennels, veterinary offices and clinics.
(8)
Private clubs.
(9)
Private instruction to more than five students at a time.
(10)
Restaurants or tearooms.
(11)
Retail or wholesale sales or flea markets.
(12)
Tanning or massage salon.
(13)
Tourist or boarding home, other than bed-and-breakfast.
(14)
Vehicle or equipment rental, repair or sales.
(15)
Vehicle repair garages.
Q.
The acceptability of a home occupation not specifically listed in § 1103, Subsection 18P, shall be determined by the Zoning Hearing Board in accordance with the express standards and criteria specified in § 1103, Subsection 18A through O. Any person aggrieved by the decision of the Zoning Hearing Board may appeal that decision to the Washington County Court of Common Pleas within 30 days of the date of the decision approving or denying the use by special exception for the home occupation.
19.
Hospital, clinic or nursing home, subject to:
A.
The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.
B.
The property shall be served by public water and public sewers.
C.
All hospitals and nursing homes shall be licensed by the Commonwealth.
D.
Water pressure and volume shall be adequate for fire protection.
E.
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
F.
The parking and circulation plan shall be referred to the Township Police Department and the volunteer fire company serving the property for comments regarding traffic safety and emergency access.
G.
Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.
H.
All property lines adjoining property in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
I.
A private-use helipad for air ambulances shall be permitted as part of a hospital, provided that all of the following criteria are met:
(1)
Helipads shall be located at least 250 feet from any property line or public street.
(2)
Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.
(3)
Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation, shall be submitted.
(4)
The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.
(5)
The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
(6)
An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
(7)
Lighting shall be shielded away from adjacent properties and streets.
J.
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
20.
Junkyard or salvage yard, subject to:
A.
The minimum site required for a junkyard or salvage yard shall be 20 acres.
B.
The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.
C.
No garbage, hazardous materials or hazardous waste, as defined by Federal statute, or other organic waste shall be stored on the premises.
D.
The handling and disposal of motor oil, battery acid and other substances regulated by Federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the Pennsylvania Department of Environmental Protection (PA DEP) permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1701 of this chapter.
E.
The manner of storage of junk or other materials or equipment on the site shall facilitate access for fire-fighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.
F.
Any salvage yard operation shall comply with the performance standards of § 1201 of this chapter.
G.
No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling located off the property or within 40 feet of any property line or public street.
H.
The premises shall be enclosed by a metal chain-link fence not less than six feet in height, supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection J below.
I.
The fence shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.
J.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property located in any C-D, A-1, R-1 or R-V District where necessary to provide a visual barrier for existing dwellings on immediately adjacent properties.
K.
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and residential properties that are not immediately adjacent if necessary to provide a visual barrier to obstruct their line of sight.
L.
The operator shall obtain a license from the Township prior to initiating operations, which shall be renewable annually upon payment of the required license fee, established from time to time by resolution of the Board of Supervisors, and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.
21.
Landfill, subject to:
A.
The minimum site required for a landfill shall be 100 acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.
D.
A tire-washing station shall be located on the site to service trucks exiting the facility.
E.
Prior to beginning operations, the operator shall post a bond in favor of the Township and in a form acceptable to the Township Solicitor in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.
F.
Landfill operations shall not be conducted within 200 feet of any property lines adjoining property located in any C-D, A-1, R-1 or R-V District.
G.
All property lines adjoining property located in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area A, as described in § 1202, Subsection 1, of this chapter.
H.
Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.
I.
The applicant shall show compliance with all applicable Federal and State laws regulating landfills.
J.
The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.
K.
The required Federal or State permits shall be maintained throughout the duration of all operations.
L.
Any suspension or revocation of the required State or Federal permits shall constitute a violation of this chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter, or both.
M.
In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and the required State or Federal permits.
22.
Light manufacturing in the B-1 District, subject to:
A.
The minimum site required shall be one acre.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
All activities shall comply with the performance standards specified in § 1201 of this chapter.
D.
All operations shall be conducted within a completely enclosed building, as defined by this chapter, and windows and doors shall remain closed during operations.
E.
There shall be no storage of vehicles, equipment or materials outside a completely enclosed building, as defined herein.
F.
The minimum required side or rear yard along all property lines that adjoin property located in any C-D, A-1, R-1 or R-V District shall be 50 feet.
G.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines that adjoin property located in any C-D, A-1, R-1 or R-V District.
H.
The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U. S. Environmental Protection Agency (EPA).
23.
Mineral extraction, subject to:
A.
Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided that evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.
B.
There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).
C.
Mineral removal shall be prohibited in watersheds, rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection (PA DEP) as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.[3]
[3]
Editor’s Note: See 16 U.S.C. § 1271 et seq.
D.
No mineral extraction shall be conducted within 1,000 feet of any public buildings, school, church, community or institutional building, commercial building, public park or private recreational area.
E.
No mineral extraction shall be conducted within 500 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.
F.
No removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.
G.
No mineral removal shall be conducted within 500 feet of a cemetery.
H.
No mineral removal shall be conducted within 1,000 feet of an occupied dwelling and no less than 800 feet with the consent of the owner, which has been obtained in advance of the filing of application for zoning approval.
I.
The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:
(1)
Lawful existing or permitted use of adjacent properties.
(2)
The quality or adequacy of any public or private water supply source.
(3)
Any flood-prone or landslide-prone areas within the Township.
J.
The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.
K.
No blasting is to be undertaken in the Township.
L.
The applicant shall provide a bond upfront and a payment fee schedule for the reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.
M.
The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.
N.
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets that may be damaged during the mineral removal operations.
O.
Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.
P.
The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.
Q.
Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.
R.
Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.
S.
During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Supervisors to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.
T.
No permanent open pit storage or on-site processing of minerals shall be permitted.
24.
Mini-warehouse or self-storage building, subject to:
A.
The minimum site area required for a mini-warehouse or self-storage building shall be two acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.
D.
All interior driveways shall be improved with a dust-free, all-weather surface.
E.
Parking shall be provided in accordance with the following:
(1)
Two spaces for manager's quarters, if any.
(2)
One space for each 25 storage units, which spaces shall be located near the manager's quarters or office, to be used by prospective customers.
(3)
One space for each 10 storage units, equally distributed throughout the storage area, to be used by the customers.
F.
Buffer Area A, as described in § 1202, Subsection 1, of this chapter, shall be required along all property lines that adjoin property located in any C-D, A-1, R-1 or R-V District.
G.
The perimeter of the site shall be fenced with a minimum six-foot-high chain-link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.
H.
The maximum building height shall be 20 feet.
I.
The maximum length of any storage building shall be 200 feet.
J.
The minimum distance between storage buildings shall be 20 feet.
K.
The maximum lot coverage by all buildings shall be 40%.
L.
Office space may be provided that shall not exceed 5% of the total area devoted to storage.
M.
Storage units shall not be equipped with water or sanitary sewer service.
N.
No business activity other than rental of storage units shall be conducted on the premises.
O.
Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.
P.
Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.
Q.
No sign shall be placed on the buildings or on their rooftops.
R.
Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.
S.
For facilities with 50 or more storage units, a minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.
25.
Mobile home park, subject to:
A.
The application shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance governing mobile home parks.[4]
[4]
Editor's Note: See Ch. 22, Subdivision and Land Development.
B.
The minimum site required for a mobile home park shall be five acres.
C.
A minimum setback of 75 feet shall be maintained around the entire perimeter of the site. Within the perimeter setback, Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property in the R-1 District.
D.
The site shall be served by public sewers or a system approved by the Pennsylvania Department of Environmental Protection (PA DEP).
E.
The minimum mobile home lot shall be 7,500 square feet.
F.
The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.
G.
Every mobile home slab shall have access to a public or private street in accordance with the requirements of the Township Subdivision and Land Development Ordinance.[5]
[5]
Editor's Note: See Ch. 22, Subdivision and Land Development.
H.
Each mobile home lot shall provide two off-street parking spaces.
26.
Mobile home sales, service and storage, subject to:
A.
The minimum site required for mobile home sales, service and storage shall be five acres.
B.
The site shall have direct access to a street defined as collector or arterial by this chapter.
C.
No mobile homes or other merchandise shall be displayed outdoors less than 10 feet from the lot lines of adjacent properties.
D.
The area used for the display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously maintained in either concrete or asphalt.
E.
Any outdoor display area shall be adequately secured by a fence or other appropriate means to restrict public access during non-business hours.
F.
All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from adjoining streets and adjacent lots.
G.
No strings of lights or flags, flashers, or any other display paraphernalia shall be permitted on the site, on any of the structures or poles attached thereto, or in or on the merchandise displayed outdoors, except for such signs otherwise allowed under this chapter.
27.
Noncommercial recreation, subject to:
A.
A minimum lot area of one acre shall be required; however, the minimum lot area required may be reduced to not less than 12,000 square feet for public facilities that are located in established neighborhoods within walking distance of the residents they are intended to serve and where no off-street parking is proposed for the facility.
B.
All principal structures shall be located at least 30 feet from any property line.
C.
Buffer Area C, as described in § 1202, Subsection 1, of this chapter, shall be provided where parking for the use or other intensively used facilities, such as ball fields, tennis courts, shelters and the like, are proposed adjacent to any property line adjoining property located in any C-D, A-1, R-1 or R-V District. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential uses or zoning classifications.
D.
The use shall comply with the performance standards of § 1201 of this chapter.
E.
All lighting shall be shielded away from adjoining streets and properties.
F.
Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.
28.
Compressor stations, processing plants, subject to:
In addition to the requirements contained in Subsection 5, § 1101, (oil and gas development, Drilling and Related Operations Application), and § 1103, Subsection 45 (oil and gas development), herein, compressor stations, processing plants shall be further subject to the following: |
A.
Written Summary. The applicant must include a written summary of how the compressor station or processing plant will operate.
(1)
Information on the method of transportation for the processed gas/liquids to market (pipelines, township roads, etc.).
(2)
Overall site development time frame and calendar.
B.
Minimum Lot Size.
(1)
The minimum lot size for a processing plant shall be 100 acres. Contiguous properties located in either A-1 or I-1 can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other.
(2)
The minimum lot size for a compressor station shall be 20 acres.
C.
Setbacks.
(1)
Five hundred feet from an occupied structure or 200 feet from the property line, whichever is greater, unless waived by the property owner.
(2)
Protected Structures (as defined in § 202 herein). One thousand feet from the edge of the facility's developed area to the nearest existing protected structure.
(3)
Additional Setbacks. All aboveground equipment, including compressor engines and any structure in which the compressors are enclosed, must be set back a minimum of 200 feet from any adjacent property lines.
(4)
A setback reduction variance may be authorized by the Township Board of Supervisors as part of the conditional use approval process, provided that the applicant can submit compelling evidence that such a reduction is absolutely necessary and will not be detrimental to the purposes of this chapter and includes the necessary waivers from the impacted property owner(s).
D.
Screening. Subject to the applicable standards of the Zoning District, the proposed compressor station or processing plant is located in.
(1)
For R-1 and R-V Districts, the Buffer Area A pertaining to buildings, structures, parking areas and equipment shall apply.
E.
Design Standards.
(1)
Compressors and other power-driven equipment shall utilize electric motors designed and installed in accordance with the requirements of NFPA 70. In the event there is insufficient voltage available so as to power said equipment or there exists reasonable economic and/or commercial reasons, internal combustion engines may be used, subject to the same being located in an entirely enclosed structure that otherwise comports with zoning regulation.
(2)
Compressors stations shall be limited to five electric power compressors, located within a completely enclosed building, unless waived by the Township Board of Supervisors. This limitation shall not apply to processing plants.
(3)
The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area to the extent possible.
(4)
No equipment or surplus materials, including the placement of permanent or movable storage containers or other portable equipment, shall be stored on the facility. This includes the removal of idle equipment unnecessary for the operation of such facility.
F.
Building Approval. Building plans must be approved by the designated Code Inspection Department of the Township and must meet the minimum safety standards as set forth in the International Building Code (IBC), Pennsylvania Uniform Construction Code (UCC) or applicable code adopted by the Township. The Code Enforcement Officer and/or Township Board of Supervisors shall have the authority to grant waivers to the requirements if the applicant is able to demonstrate the design and safety measures meet or exceed those of the IBC, UCC, etc.
G.
Environmental Study. A baseline environmental study shall be conducted by an approved person or firm for air and noise for quality and emissions and approved by the DEP.
(1)
Noise monitoring sensors shall be installed at the property lines of a protected structure located within 2,000 feet of a compressor station or processing plant to periodically measure noise levels and sound levels at a protected structure.
(2)
The operator/applicant shall provide the Township with a copy of the DEP permit.
H.
Spill Containment.
(1)
A spill containment plan shall be provided and designed by a registered design professional of the Commonwealth of Pennsylvania and approved by the DEP.
I.
State and Federal Compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Township-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
J.
Expansion. In the event the facility or project is expanded in size, scope, use, etc., beyond what was included in the initial approval, the applicant must submit a written request to the Township. The decision to require a subsequent conditional use hearing will be in the sole discretion of the Board of Supervisors and will be announced at a public meeting. Although the Township may not require hearings on the subsequent conditional use application, the appropriate information concerning the expansion operations must be submitted. This shall include, but not be limited to, additional identification of disturbed areas beyond the scope initially presented, additional facilities being used on the site that were not included in the initial application and/or material changes such as different truck routes, access roads, sound impacts, additional water containment devices, tanks, etc.
K.
Supplemental Regulations. The facility must meet all of the supplemental regulations of the Township Code of Ordinances, including but not limited to § 1101, Procedure for Approval (conditional uses), and § 1102, General Standards. Any and all uses categorized as conditional uses shall, in addition to the specific conditions set forth herein and the supplemental regulations of §§ 1101 and 1102 shall also be subject to the general standards contained in the applicable zoning district(s) and may be further subject to additional applicable conditions and safeguards as deemed necessary and appropriate by the Township.
L.
Ordinance 2015-3 adopted May 12, 2015, specifically allows compressor stations and processing plants as conditional uses in the Residential Rural District (A-1).
29.
Personal-care boarding home, subject to:
A.
The minimum area and bulk regulations for a personal-care boarding home shall be the same as those required for a principal use in the district in which the facility is located.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
In the R-V District, the maximum number of residents housed shall be eight. In the R-1 District, the maximum number of residents housed shall be 12.
D.
No personal-care boarding home shall be located within 1,000 feet of another existing or proposed personal-care boarding home.
E.
Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.
F.
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
G.
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.
H.
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
30.
Private club, subject to:
A.
Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of Part 13 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 § 1201 of this chapter.
D.
All off-street parking located within 50 feet of a property line adjoining R-1 or A-1 zoning classifications shall be screened by Buffer Area C, as described in § 1202, Subsection 1, of this chapter.
31.
Private-use helipad or private landing strip, subject to:
A.
The minimum site required for a private-use helipad or private landing strip shall be 30 acres.
B.
B. The helipad or landing strip shall be for the personal use of the property owner only.
C.
The applicant shall present evidence that liability insurance remains in full force and effect, in the form and amount acceptable to the Township Solicitor.
D.
No portion of the helipad or landing strip shall be located within 1,000 feet of an existing dwelling on adjacent property.
E.
The helipad or landing strip shall be subject to all applicable regulations and licenses required by the Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation.
F.
The approved flight path or paths shall be filed with the Township.
G.
The facility shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad or landing strip.
H.
Lighting of the helipad or landing strip for night use shall not be permitted.
I.
No takeoffs or landings shall occur between 9:00 p.m. and 6:00 a.m.
32.
Public parking lot or public parking garage, subject to:
A.
All public parking lots and public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
All public parking lots and public parking garages shall be designed to minimize traffic congestion in the parking lot or within the garage and for traffic entering or leaving the parking lot or parking garage.
C.
The design of any parking garage proposed to be located on property that adjoins a C-D, A-1, R-1 or R-V Zoning District shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.
D.
Any public parking garage, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.
33.
Public utility installation/substation(s):
A.
The minimum lot area required for a stand-alone public utility installation/substation shall be 20,000 square feet.
B.
Maintenance vehicles stored outside a completely enclosed building shall be screened from adjoining property in an R-1 or R-V Zoning District by Buffer Area C, as described in § 1202, Subsection 1.
C.
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high fence with locking gate. If the outdoor storage area is located within 50 feet of a property line adjoining property in the R-1 or R-V Districts, the storage area shall be screened by one-hundred-percent opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.
D.
Any area of the building that is used for business offices shall comply with the applicable parking requirements (of the Township Code). Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
E.
The facility must be buffered according to the applicable provisions of the Township Zoning Code in which the facility is located.
34.
Riding academy, subject to:
A.
The minimum site required for a riding academy shall be 10 acres.
B.
The site shall have frontage on an arterial or collector street, as defined herein, or shall have direct vehicular access to an arterial or collector street within 2,000 feet of a property boundary.
C.
The applicant for a commercial riding academy shall submit a traffic study, as defined in § 201.
D.
Adequate parking areas with a dust-free, all-weather surface shall be provided to accommodate vehicles and horse trailers anticipated during peak use of the facility.
E.
Parking areas shall be located at least 50 feet from any property line.
F.
Outdoor lighting, if any, shall be limited to security lighting for the parking areas and the building perimeter.
G.
Indoor riding arenas and outdoor riding rings or riding arenas shall be located at least 100 feet from any property line.
H.
Bridle paths shall be located at least 50 feet from any property line.
I.
No camping or other overnight accommodations shall be permitted on the site.
J.
There shall be no retail sales area on the site and no display of merchandise offered for sale on the premises; however, retail sales of riding equipment and clothing may be offered to participants using catalogs or samples, provided that orders are delivered direct to the purchaser.
K.
The use shall be subject to the requirements of § 1208.
35.
Shooting range, subject to:
A.
The minimum site required for an outdoor shooting range shall be 20 acres. The minimum site required for an indoor shooting range shall be one acre.
B.
The facility shall be designed in accordance with the specifications established by the National Rifle Association (NRA), and construction shall be supervised by a representative of the National Rifle Association (NRA).
C.
Discharging of firearms and archery outdoors shall not be permitted within 1,000 feet of any existing residence.
D.
Outdoor discharging of firearms shall not be permitted between the hours of dusk and 8:00 a.m.
E.
Any other outdoor activity within 300 feet of an existing residence shall cease operations at sunset.
F.
The use shall comply with the performance standards of § 1201 of this chapter.
G.
Two parking spaces shall be provided for each shooting position or station.
H.
All properties adjoining property located in any C-D, A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
I.
Outdoor lighting shall be shielded and reflected away from streets and adjoining properties.
36.
Shopping center, subject to:
A.
The minimum site required for a shopping center shall be five acres.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C.
Once the improvements are completed in an approved shopping center, lots within the approved and recorded shopping center may be sold and developed as independent entities for any authorized use in the district.
D.
Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the shopping center is located shall be permitted in the shopping center.
E.
Buffer Area A shall be provided along all property lines that adjoin property in the A-1, R-1 or R-V Zoning Districts.
F.
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible, and cross-easements shall be dedicated for common access, where necessary.
G.
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
37.
Sportsmen's club, subject to:
A.
The minimum site required for a sportsmen's club shall be 10 acres. If the sportsmen's club includes an outdoor shooting range, the minimum site required shall be 20 acres.
B.
B. If an outdoor shooting range is proposed, the applicant shall demonstrate compliance with the express standards and criteria of § 1103, Subsection 35, of this chapter governing shooting ranges.
C.
There shall be no discharging of firearms outdoors unless the requirements of § 1103, Subsection 35, for an outdoor shooting range are met.
D.
All buildings shall be set back at least 200 feet from any property line adjoining an existing dwelling.
E.
All activities on the site shall comply with the performance standards of § 1201 of this chapter.
F.
All off-street parking that adjoins any A-1, R-1 or R-V District shall be screened by Buffer Area C, as described in § 1202, Subsection 1, of this chapter, for the distance necessary to screen the parking from any existing dwelling and its rear yard.
G.
Unless the perimeter of the site is densely wooded, all property lines that adjoin property in any A-1, R-1 or R-V District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter, for the distance necessary to screen areas devoted to outdoor activities from the adjacent properties.
H.
Any club that includes a restaurant or tavern shall further be subject to the off-street parking requirements of Part 13 for the portion of the building devoted to restaurant or tavern use.
I.
Any use of the facility by nonmembers shall require on-site management and/or security personnel during the event.
38.
Temporary uses or structures, other than a temporary construction trailer, model home or sales office, subject to:
A.
Temporary uses, such as festivals, fairs or other similar activities, sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided that the Zoning Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.
B.
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this section. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval under this section.
C.
A peddler's license, required by Township ordinance, shall be obtained.[6]
[6]
Editor's Note: See Ch. 22, Subdivision and Land Development.
D.
Preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:
(1)
The preparation and serving of food that is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of occupancy shall be obtained from the Township Zoning Officer, subject to the applicant demonstrating compliance with the standards and criteria of this § 1103, Subsection 38.
(2)
Evidence of an approved permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, or its successor agency.
(3)
The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.
(4)
The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet of unobstructed width for the passage of pedestrians; and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
(5)
No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any dwelling on adjoining property within 300 feet of the outdoor area.
(6)
The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.
(7)
The activity shall comply with all applicable requirements of the Township Fire Code.
(8)
The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities that will be available to the public visiting the temporary use.
(9)
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Township against any liability resulting from such use.
E.
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted subject to annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided that all conditions of the original approval are maintained.
F.
All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
G.
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 1302 for the proposed use.
H.
Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
I.
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.
J.
Temporary uses or structures that are authorized for a particular event shall be removed within 48 hours after the completion of the event.
K.
Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities accessible to the public already exist on the lot.
39.
Truck terminal, subject to:
A.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
The site shall not be located within 300 feet of any occupied dwelling, measured in a straight line along a public street from any site boundary to the nearest wall of any dwelling or by a straight line drawn from the rear lot line to the nearest wall of any dwelling.
C.
Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.
D.
Site lighting shall be designed with cutoff luminaires that have a maximum cutoff angle of 60°. (See illustration of cutoff angle in Appendix B.[7]) The maximum illumination at any property line shall be 0.2 footcandle.
[7]
Editor's Note: Appendix B is included at the end of this chapter.
E.
All property lines adjoining property in an A-1, R-1 or R-V Zoning District shall be screened by Buffer Area A, as described in § 1202, Subsection 1, of this chapter, for a distance sufficient to screen buildings and parking areas from the adjoining properties.
F.
Off-street parking and loading shall be provided in accordance with the requirements of Part 13 of this chapter.
G.
No shipping or receiving shall be permitted within 300 feet of property located in an A-1, R-1 or R-V District between the hours of 6:00 p.m. and 7:00 a.m.
H.
All operations shall comply with the performance standards of § 1201 of this chapter.
40.
Vehicle repair garage, subject to:
A.
Such use shall not be located within 100 feet of any property line adjoining an R-1 or R-V District or within 50 feet of any residential dwelling in any other zoning district.
B.
Buffer Area B, as described in § 1202, Subsection 1, of this chapter, shall be provided along all property lines adjoining property in an R-1 or R-V District for an adequate distance along that property line to provide a visual screen for the building and parking.
C.
Storage of parts, dismantled vehicles and vehicles awaiting repair, including towed vehicles, shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence. Such parts and vehicles shall not be stored or dismantled on any public street.
D.
There shall be no more than four vehicles displayed for sale on the premises at any one time.
E.
All repair work shall be performed within an enclosed building that has adequate ventilation and fire protection provisions in accordance with the Uniform Construction Code (UCC).[8]
[8]
Editor's Note: See Ch. 5, Code Enforcement, Part 1, Uniform Construction Code.
F.
The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.
G.
Storage, handling and disposal of hazardous materials, as defined by Federal or State statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
41.
Wholesale business, subject to:
A.
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high dense, compact evergreen hedge or opaque fence.
C.
No shipping or receiving shall be permitted within 300 feet of an existing dwelling in an R-1 or R-V Zoning District between the hours of 7:00 p.m. and 7:00 a.m.
D.
All shipping and receiving facilities adjoining property in an R-1 or R-V Zoning District shall be screened by Buffer Area B, as described in § 1202, Subsection 1, of this chapter.
E.
The storage or handling of hazardous or potentially hazardous materials shall not be permitted.
F.
No maintenance or fueling of vehicles shall be permitted on the site.
42.
Wind power generating facility, subject to:
A.
The minimum site required for a wind power generating facility shall be 10 acres.
B.
Each wind turbine shall be set back from the nearest inhabited dwelling, school, hospital, church or public building a distance no less than two times the total height of the tower plus the length of the turbine blades or 1,000 feet, whichever is greater.
C.
Each wind turbine shall be set back from the nearest property line a distance no less than 1.1 times the total height of the tower plus the length of the turbine blades, unless easements are secured from adjacent property owners.
D.
Each wind turbine shall be set back from the nearest public street a distance no less than 1.1 times the height of the tower plus the length of the turbine blades, measured from the nearest right-of-way of the public street.
E.
Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance not less than 1.1 times the total height of the tower plus the length of the turbine blades, measured from the existing power line or telephone line.
F.
The blade tip of any wind turbine shall have ground clearance at its lowest point of no less than 75 feet.
G.
Wind turbines shall be painted a non-reflective, non-obtrusive color.
H.
Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority.
I.
Wind turbines shall not be used for displaying any advertising, except for the reasonable identification of the manufacturer or operator of the wind farm.
J.
Electrical controls, control wiring and power lines shall be wireless or not above ground, except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
K.
The applicant shall minimize or mitigate any interference with electromagnetic communications such as radio, television or telephone signals caused by the wind farm.
L.
Audible noise due to wind farm operations shall not exceed 50 decibels (50 dBA) for any period of time when measured at any residence, school, hospital, church or public building existing on the date of conditional use approval of the wind farm.
M.
In the event that audible noise due to a wind farm operation contains a steady pure tone, such as a whine, screech or hum, the above standards for audible noise shall be reduced by five decibels (5 dBA).
N.
Appropriate warning signage shall be placed on wind farm towers, electrical equipment and wind farm entrances.
O.
Wind turbine towers shall be equipped with anti-climbing devices for a distance of 15 feet above the ground.
P.
All access doors to wind turbine towers and electrical equipment shall be kept locked when the site is unattended.
43.
Wind power generating facility, private, subject to:
A.
The minimum site required to install a private wind power generating facility shall be 10 acres.
B.
The maximum height of a private wind power generating facility shall be 100 feet.
C.
The applicant shall provide evidence that the proposed height of the private wind power generating facility does not exceed the height recommended by the manufacturer or distributor of the system.
D.
The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use.
E.
The private wind power generating facility generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.
F.
The minimum distance between the ground and any protruding blades utilized on a private wind power generating facility shall be 15 feet, measured at the lowest point of the arc of the blades.
G.
The lowest point of the arc of the blades utilized on a private wind power generating facility shall be 10 feet above the height of any structure located within 150 feet of the base of the private wind power generating facility.
H.
The supporting tower shall be enclosed by a six-foot-high fence, unless the tower is fitted with anti-climbing devices for a distance of 12 feet above the ground.
I.
The applicant shall submit evidence from the manufacturer regarding the structural integrity of the tower, base and footings and the installation's ability to withstand expected wind loads.
J.
The private wind power generating facility shall be set back a distance of 150% of the tower height plus the blade length from any inhabited dwelling on adjacent property, unless notarized consent of the adjacent property owner is presented.
K.
The private wind power generating facility shall be set back a distance of 110% of the height of the tower plus the blade length from all adjacent property lines.
L.
Private wind power generating facilities shall comply with all applicable requirements of the Federal Aviation Administration (FAA).
M.
Private wind power generating facilities shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).
N.
No tower shall have any sign, writing or picture that may be construed as advertising.
O.
Private wind power generating facility towers shall maintain a galvanized steel finish, unless Federal Aviation Administration (FAA) standards require otherwise.
P.
Private wind power generating facilities shall not exceed 60 decibels (60 dBA), as measured at the closest property line, except during short-term emergencies such as utility outages and/or severe windstorms.
Q.
A private wind power generating facility that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued in accordance with § 1701 of this chapter.
44.
Recreational vehicle park, subject to:
A.
The minimum site required for a recreational vehicle park shall be three acres.
B.
The minimum berth or parking area assigned to each recreational vehicle shall be at least 1,500 square feet in area and shall be not less than 30 feet in width and shall be designed to accommodate one recreational vehicle and two additional personal vehicles such as a light-duty truck, automobile, motorcycle, all-terrain vehicle or similar vehicle used for personal transportation.
C.
A dust-free, all-weather surface shall be provided for all internal streets, driveways and parking areas in the park.
D.
Sewage treatment, water and electricity shall be provided on the site. Where public sewers are not available, an on-site system of sewage disposal approved by the Pennsylvania Department of Environmental Protection (PA DEP) shall be provided.
E.
Utility hookups for electricity, water and sewage disposal shall be provided for each berth.
F.
Permanent foundations for the recreational vehicles shall not be required; however, the berth shall be surfaced with material adequate to support the weight and maneuvering of the vehicles in all weather conditions.
G.
Any lot line that adjoins property in an R-1 or R-V Zoning District shall be screened by Buffer Area A as described in § 1202 of this Chapter.
H.
Recreational vehicles shall not be used as permanent dwelling units. No individual owner or tenant shall occupy a recreational vehicle for more than six consecutive months.
I.
Recreational vehicle parks that comprise more than 20 acres shall provide common facilities such as restrooms, showers, laundry facilities, picnic areas, fishing areas, ball fields or other outdoor recreation facilities, campfire areas or similar facilities centrally located on the site for use.
J.
Approval shall be subject to inspection by the Township Zoning Officer to determine continuing compliance with these criteria and any conditions of approval and payment of an annual licensing fee as established from time to time by resolution of the Board of Supervisors.
45.
Oil and gas development. In addition to the applicable provisions contained in Part 11, § 1100 et seq., and specifically § 1101, Subsection 5, of the Township Zoning Code, an operator desiring to engage in any oil and gas development shall be subject to the following conditions:[9]
A.
Minimum Lot Size. The minimum lot size for an oil and gas development shall be 20 acres. Contiguous properties can be combined to meet the minimum acreage requirements if the properties being combined are adjoining each other. All setbacks shall be measured from the exterior boundary lines of the combined parcel area.
B.
Setbacks. The following setbacks shall apply for oil and gas development unless specifically stated otherwise:
(1)
Unconventional Well:
(a)
From the well bore to an existing building, unless the owner of the building provides written consent: 500 feet.
(b)
From the edge of well pad to any solid-blue-lined stream, spring or body of water as identified on the most current 7 1/2-minute topographic quadrangle map of the United States Geological Survey: 100 feet.
(c)
From an unconventional well bore to any solid-blue-lined stream, spring or body of water as identified on the most current 7 1/2-minute topographic quadrangle map of the United States Geological Survey: 300 feet.
(d)
From an unconventional well bore to wetlands greater than one acre in area: 300 feet.
(e)
From the edge of the disturbed area of the well pad to wetlands greater than one acre in area: 100 feet.
(f)
From the edge of the well pad to any protected structure, unless the owner of the protected structure provides written consent: 1,000 feet.
(2)
Conventional Wellhead:
(a)
From the edge of the well pad to an existing building: 200 feet.
(b)
From the edge of the well pad to any solid-blue-line stream, spring or body of water as identified on the most current 7 1/2-minute topographic quadrangle map of the United States Geological Survey: 100 feet.
C.
Sound.
(1)
A sound study may be conducted by the operator prior to any activity beginning on the site to demonstrate that sound will not exceed the permitted decibel levels for the applicable zoning district as set by Township ordinance or the applicable standard imposed by state or federal law, whichever is less.
(a)
In agricultural and residential districts: not to exceed 60 dBA at the nearest property line.
(b)
In commercial districts: not to exceed 65 dBa at the nearest property line.
(c)
In industrial districts: not to exceed 75 dBa at the nearest property line.
(2)
In the event of multiple zoning districts within the Township, the more-restrictive sound level standards shall govern. In the event that contiguous properties are combined for the oil and gas development, the permitted decibel levels shall apply at the exterior boundary line of the combined parcel area. In the event the operator is unable to comply with the stated standards, it must put in place measures that may include, but shall not be limited to:
(a)
Sound Walls/Noise Barriers. The erection of sound walls/noise barriers to bring the dBa within acceptable levels.
(b)
Enclosure. Enclosure of sound-generating equipment in a sound-reduction structure that conforms to the character of the zone in which it exists. All applicable development plans, permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.
(c)
Mufflers. Equipment of internal combustion engine or compressor with an exhaust muffler or an exhaust box. Said muffler/box shall be constructed of noncombustible material designed and installed to suppress sound and disruptive vibrations.
(d)
Obtain a release waiver of the applicable noise requirements from the owners of the impacted property.
D.
Lighting. The operator shall place lights, to the extent practicable taking into account safety considerations, at locations so as to avoid shine directed at public roads, protected structures and adjacent dwellings and buildings.
E.
Security Measures. Adequate security measures shall be in place at all times to protect well sites.
F.
Access Roads. Access to any oil and gas development shall be designed to ensure safety and reduce inconvenience to adjacent properties. The following shall also apply:
(1)
The access road to the well site, beginning with its intersection with a paved Township road, shall be paved for the first 100 feet and the remainder constructed with materials that reasonably minimize water, sediment or debris carried onto any public road.
(2)
All access roads shall be constructed and maintained to prevent dust and mud to the surrounding area. The operator, at its discretion, is to implement reasonable dust abatement measures, during dry weather conditions, and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.
G.
Truck Routes.
(1)
The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the well site on a daily basis. In conjunction with the Township, the applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Township roads, or portion thereof, other than the specified portion of Township roads for which security has been provided.
(2)
The operator shall also coordinate its truck route with the local school bus schedules, which shall be provided to the Township by the operator.
H.
Signage; Site Identification. The well site signage shall comply with act of February 2, 2012 (P.L. 67, No. 9) (Act 9), codified at 35 Pa.C.S.A. § 7321 (relating to unconventional well 911 emergency response information), as amended.
I.
Operating Times. All site preparation and preproduction activities on the well site, as well as access road maintenance, site reclamation activity and other ongoing ancillary activities, shall be permissible Mondays through Saturdays (with the exception of federal and/or state holidays) between the applicable hours of operation as set forth in the Township Code or as otherwise authorized by the Board of Supervisors. The active drilling phase and completions (hydraulic fracturing) are exempt from this subsection.
J.
Impoundments. The operator will provide the following information to the Township where an operator constructs an impoundment within the Township:
(1)
A copy of the DEP impoundment permit, if applicable, must be provided at the time of application or when available;
(2)
Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height;
(3)
Thirty-day advance written notice must be provided when transitioning from freshwater to reuse water storage, and the applicant must provide a copy of the revised DEP permit when available;
(4)
The applicant shall provide a copy of the notice of termination to the Township upon reclamation of the impoundment;
(5)
Any storage of hazardous waste at the impoundment will require signage in accordance with federal law; and
(6)
Any DEP-reportable spills must be reported to the Township within 24 hours of the incident.
K.
Water Storage. In the event a certified water storage facility (small, medium, large or MLVT) shall be placed on the site, it shall be subject to the provisions contained in § 1103, Subsection 46. Separate conditional use approval shall not be required for a certified water storage facility located on site and used as an accessory to an oil and gas development.
L.
Engine and Motor Enclosures. All engines and motors not involved in the active drilling/fracturing phase but used to facilitate the movement of gas or regulate the pressure of gas must be enclosed.
M.
On-Site Trailers. The operator must identify the number of temporary trailers at the well site that accommodate rest and meals for essential personnel during the drilling phase of operations, and such temporary trailers are subject to applicable permit fees. Temporary trailers used to store equipment and used as office space at the well site are not subject to fees.
N.
Pipeline Information. Any oil or gas pipelines running from the well site shall be subject to the provisions contained in § 1214 herein.
O.
State and Federal Compliance. The operator shall comply with all applicable state and federal regulations. The operator shall notify the Township immediately of any suspension or revocation of the required state and/or federal permits associated with the well site.
P.
Supplemental Regulations. The facility must meet all of the supplemental regulations of Chapter 27, Zoning, Part 11 (express standards, general standards), and Part 12 (Supplementary Regulations), of the Township Code of Ordinances. Any and all uses categorized as conditional uses, in addition to the specific conditions set forth herein and the supplemental regulations of Parts 11 and 12, shall also be subject to the general standards contained in the applicable zoning district(s) and may be further subject to additional conditions and safeguards as deemed necessary and appropriate by the Township.
(1)
Glare Exemption. The provisions of Chapter 27, § 1201E, Glare, shall not apply to oil and gas development and related operations.
(2)
Height and Lot Coverage Exemption. The provisions pertaining to height and lot coverage for each zoning district shall not apply to oil and gas development and related operations.
[9]
Editor's Note: Ord. No. 2015-8, Section 13, Future Development Activities, provided as follows: "The oil and gas industry is constantly changing, with new technologies and operations occurring at a rapid pace. The continuous change involved in this industry makes it difficult for the Township to amend its ordinances and regulations to cover every possible activity involved in oil and gas development. The operations and activities related to oil and gas development typically involve the use of potentially hazardous chemicals, heavy industrial equipment, increased truck traffic and noise, which if left unregulated could seriously threaten the public health, safety and welfare of the residents and all premises within the Township. Furthermore, the Township has a duty to regulate oil and gas development in a manner so as to protect local public natural resources (including surface water and groundwater and air) as required by the Environmental Rights Amendment. Therefore, the Township believes it to be necessary to enact a provision that requires any oil and gas development and related activities that are not specifically provided for or defined in this chapter or in the Township Code to apply for conditional use approval subject to the provisions contained in §§ 1101, Subsection 5, and 1103, Subsection 45, herein, as well as any additional conditions set by the Township Board of Supervisors."
46.
Certified water storage facilities (small, medium, large and MLVTs), subject to:
A.
Minimum Lot Area. The minimum lot size shall be:
(1)
For small or medium certified water storage: two acres.
(2)
For large or MLVT certified water storage: five acres.
B.
Design Criteria.
(1)
The applicant for a certified water storage facility (small, medium, large or MLVT) shall provide:
(a)
Proof of certification by the relevant nationally recognized laboratory or organization; and
(b)
A copy of any required reuse tank permit, WMGR 123-Solid Waste, from the DEP prior to the operation of the certified water storage facility.
(2)
The applicant for a certified MLVT shall provide:
(a)
Certification that the proposed tanks comply with the design standards set forth in the American Water Works Association (AWWA) B-1039 design manual.
(b)
All MLVTs must meet the containment requirements (110%) of Act 13, and a geotechnical report must be obtained certifying that:
[1]
The site can withstand 3,000 square feet of pressure.
[2]
Core test results.
[3]
Tanks to be placed on cut, not on fill or compressible clay lenses, as certified in the geotechnical report
(c)
A copy of any required reuse tank permit, WMGR 123-Solid Waste, from the DEP prior to the operation of the certified MLVT.
(3)
Residual Waste Use and Storage.
(a)
Any certified water storage facility (small, medium, large or MLVT) that shall be used to hold residual waste must meet AWWA D103-9 tank standards.
C.
Site Plan. A survey/site plan sealed by a licensed professional engineer or surveyor must be provided indicating water storage location, other buildings, access roads, setbacks from adjoining property lines and structures.
D.
Liners. All liners must be welded and tested in accordance with the applicable ASTM international standards. Any repairs to liners must be made using acceptable practices and applicable standards.
E.
Filling. The operator or its contractor must supervise initial filling of all water storage operations and inspect for leaks during filling. If leaks are observed, filling must cease, the leaks must be repaired, and the integrity of the tank must be evaluated prior to continuing to fill. Contractors can observe all future fillings, provided that they are granted the authority to stop work if unsafe or upset conditions are observed.
F.
Setbacks. Certified water storage (large and MLVT) shall be 20 feet from a wellhead, fired vessel, heater, compressor with a rating of 200 horsepower or greater; a separator, well test unit or other nonfired equipment.
G.
Time Frame. The time period in which the certified water storage (small, medium, large or MLVT) will be constructed and destructed, along with use in between the start/finish dates.
H.
Notice. At least seven days prior to a new oil and gas well site being serviced by a stand-alone certified water storage (small, medium, large or MLVT), the operator must provide notice to the Township with updated information, including truck traffic information, truck routes, etc.
I.
Surface. The surface of the certified water storage (small, medium, large or MLVT) shall be constructed and designed in a manner that would reasonably minimize water runoff in the event of a major leak.
J.
Signage; Tank Identification. Signs must be posted at the site of any certified water storage (small, medium, large or MLVT) to indicate the contents of the water storage facilities.
K.
Spill Containment.
(1)
A spill containment plan shall be provided.
(2)
Containment shall be provided for indoor facilities.
(3)
If a spill, fire, or other violation of any federal, state or local law occurs at the drill site or in the Township by the operator or its subcontractors, the operator shall notify the Township immediately, in all circumstances, no later than 24 hours after the incident occurred or, if the incident is ongoing, no later than 24 hours after it began.
L.
Reclamation Procedure. To the best of the operator's/applicant's knowledge, the operator or applicant shall provide the time frame for site restoration.
47.
Traffic control site.
A.
Notice. The operator shall provide the following notice of a traffic control site at least 14 days prior to initiating the use:
(1)
Updated truck routing schedule over Township roads;
(2)
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(3)
A location map showing the location of the site in the Township and the proposed ingress to and egress from the site;
(4)
The anticipated types of vehicles to be accommodated;
(5)
The relevant drilling and related operations schedule/timeline, if available; and
(6)
Proof of the property owner's consent to the use.
B.
Approval. The required information will be reviewed by the Township Engineer, and if said traffic control site notice is complete, the traffic control site will be approved in writing.
48.
Storage depot(s) and truck staging area, subject to:
A.
Minimum Lot Area. The minimum lot area required for a site shall be two acres. A certified survey of the site area must be provided prior to operations commencing.
B.
Setbacks. The following minimum setbacks must be met from the edge of any truck staging area (measured from the edge of the parking pad) unless waived by the owner of the property adjacent to the delineated setback:
(1)
No part of a the parking pad may be located within 50 feet of a public road or public right-of-way.
(2)
At least 200 feet from an existing building.
(3)
At least 1,000 feet from a protected structure.
C.
Surface. The surface of the staging area/storage depot shall be designed in a manner that would reasonably minimize water, sediment or debris carried onto any public road.
D.
Application Information. In addition to the application requirements set forth in § 1101, the applicant shall provide:
(1)
A location map showing the location of the site in the Township and the proposed ingress to and egress from the site.
(2)
The anticipated types of vehicles to be accommodated.
(3)
Applicant/operator must provide a list of materials to be stored on site to the best of its ability. This list must be provided to the Township's emergency responders in the event of an incident on site.
(4)
Copies of any permits or approvals required for the construction or operation of the storage depot or truck staging area.
E.
Site Circulation.
(1)
Ingress, egress and internal traffic circulation shall be designed to ensure safe access by all vehicles.
(2)
Signs must be posted to direct traffic within the truck staging area.
F.
The operator must reclaim the site in accordance with state and federal law.
G.
No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.
H.
A truck staging area may be located on a parcel with other uses as long as the parcel provides parking for the other uses in accordance with Part 13 of the Zoning Ordinance, Off-Street Parking and Loading.
49.
Reentry drilling.
A.
Notice. The operator shall provide the following notice of reentry drilling at least 30 days prior to initiating operations at the well site:
(1)
Written certification that the operator is in compliance with the conditions contained in the initial conditional use approval;
(2)
Updated truck routing schedule over Township roads;
(3)
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(4)
Updated drilling and related operations schedule/timeline;
(5)
Copies of any new or revised permits and approvals required for the reentry drilling; and
(6)
Confirmation that operator is not in breach of current conditional use approval.
B.
Approval. The required information will be reviewed by the Township Engineer, and if said reentry notice is complete, the reentry drilling will be approved in writing without the requirement of a supplemental hearing. The approval shall be a continuance of any previous approval granted for oil and gas development on the subject property.
C.
Supplemental Hearing. A supplemental hearing will be required if the reentry drilling includes a material change or includes additional operations not covered for and/or permitted in the initial approval.
D.
Scope. If required, the conditional use hearing will be limited to testimony and exhibits explaining the specific operations not covered by the initial conditional or permitted use approval.
E.
Standards and Criteria. The operator may rely on the conditions set forth in the original conditional use approval. The Township may not change or amend the original conditions or ordinance terms concerning setbacks, well site and/or access road location so long as they do not adversely affect the health, welfare and safety of the residents.
50.
Reentry-related operations.
A.
Application. In addition to the conditional use application material required in § 1101, the operator shall provide the following:
(1)
Written certification that the operator is in compliance with the conditions contained in the initial conditional use approval;
(2)
Updated truck routing schedule over Township roads;
(3)
Updated compliance with the Township's road maintenance and bond agreement for the roads to be utilized;
(4)
Updated drilling and related operations schedule/timeline; and
(5)
Copies of any new or revised permits and approvals required for the reentry-related operation.
B.
Scope. The conditional use hearing will be limited to testimony and exhibits explaining the specific related operations not covered by the initial conditional or permitted use approval.
C.
Standards and Criteria.
(1)
The operator may rely on the conditions set forth in the original conditional use approval. The Township may not change or amend the original conditions or ordinance terms concerning setbacks, well site and/or access road location so long as they do not adversely affect the health, welfare and safety of the residents.
(2)
The applicant shall demonstrate compliance with the criteria applicable to the specific proposed reentry-related operation (e.g., truck staging area or certified water storage facility).
51.
Academic clinical research centers, subject to:
A.
Written summary. The applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads to the site.
(3)
Proposed vehicle traffic and other related traffic to and from the site.
(4)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
B.
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
All external lighting serving an academic clinical research center must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.
D.
A buffer planting is required where an academic clinical research center adjoins a residential or village district.
52.
Medical marijuana grower/processor, subject to:
A.
Written summary. The applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads to the site.
(3)
Proposed vehicle traffic and other related traffic to and from the site.
(4)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
B.
A medical marijuana grower/processor may only grow medical marijuana in a facility/manner required by and permitted by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle unless temporarily provided for as part of the conditional use approval.
C.
Minimum site acreage shall be 10 acres.
D.
The maximum floor area of a medical marijuana grower/processor shall be limited to 30,000 square feet, per two acres of land the facility is located on (with a total floor area not to exceed 120,000) of which sufficient space (a minimum of 300 square feet unless otherwise set by the state) must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
E.
A medical marijuana grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same district, including but not limited to setbacks.
F.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.
G.
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
H.
Grower/processors may not locate within 1,000 feet of a protected structure or 1,000 feet from the property line of a public, private, or parochial school, day-care center or private residence. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
I.
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.
J.
Parking requirements of the applicable zoning district.
K.
A buffer planting is required where a medical marijuana grower/processor adjoins a Residential (A-1, R-1) or Village (R-V) District.
L.
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(1)
All accesses must secure the appropriate highway occupancy permit and execute any necessary road bonding agreements.
M.
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
53.
Medical marijuana laboratory, subject to:
A.
Written summary. The applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads to the site.
(3)
Proposed vehicle traffic and other related traffic to and from the site.
(4)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
B.
An approved laboratory shall employ at least one director to oversee and be responsible for the identification, collection, handling and testing operations of the approved laboratory. A director shall have earned, from a college or university accredited by a national or regional accrediting authority, at least one of the following:
(1)
A doctorate of science or an equivalent degree in chemistry, biology, or a subdiscipline of chemistry or biology.
(2)
A master's level degree in a chemical or biological science and a minimum of two years' postdegree laboratory experience related to testing of medicinal or pharmaceutical products or other experience as approved by the Department.
(3)
A bachelor's degree in a biological science and a minimum of four years' postdegree laboratory experience related to testing of medicinal or pharmaceutical products or other experience as approved by the Department.
54.
Medical marijuana transport vehicle service, subject to:
A.
Written summary. The applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads (that are not public roads) to the site must be paved.
(3)
Proposed vehicle traffic and other related traffic to and from the site.
(4)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue.
B.
A traffic impact study is required where the office is operated.
C.
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.
D.
A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential or village district.
E.
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(1)
All accesses must secure the appropriate highway occupancy permit and execute any necessary road bonding agreements.
F.
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
G.
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
55.
Medical marijuana dispensary, subject to:
A.
Written summary. The applicant must include a written summary of how the facility will operate and provide a site plan which includes:
(1)
Overall site development time frame and calendar.
(2)
Access roads (that are not public roads) to the site must be paved.
(3)
Proposed vehicle traffic and other related traffic to and from the site.
(4)
Permits. All applicable, state, local and federal permits must be attached to the application or provided upon issue, including proof of a current valid medical marijuana permit from the DOH.
B.
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
E.
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m., Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturday, unless otherwise set by the supplemental regulations of the zoning district in which use is located.
F.
A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
G.
A medical marijuana dispensary shall:
(1)
Not have a drive-through service;
(2)
Not have outdoor seating areas;
(3)
Not have outdoor vending machines;
(4)
Prohibit the administering of, or the consumption of medical marijuana on the premises; and
(5)
Not offer direct or home delivery service unless provided for by law.
H.
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
I.
A medical marijuana dispensary may not be located within 1,000 feet of a protected structure or the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
J.
A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
K.
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
L.
All external lighting serving a medical marijuana dispensary must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.
M.
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
N.
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(1)
All accesses must secure the appropriate highway occupancy permits and execute any necessary road bonding agreements.
O.
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
56.
Accessory and Principal Solar Energy Systems. 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 Subsection 56. 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 Subsection 56. Routine maintenance or like-kind replacements do not require a permit.
(c)
ASES shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified.
(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 runoff from collecting in a constructed 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) or Battery Energy Storage System (BESS).
(1)
Regulations Applicable to All Principal Solar Energy Systems or Battery Energy Storage Systems.
(a)
PSES/BESS are a conditional use in C-D Conservation, and I-1 zoning districts, subject to a permit fee and annual inspection to be based upon the square footage of the actual solar panels located within said use. This amount to be set by the Township in its Schedule of Fees, as amended from time to time by resolution.
(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.
(c)
All PSES/BESS applications after the effective date of this Subsection 56 shall be required to meet the terms and conditions of Smith Township Code, including, but not limited to, stormwater management, subdivision and land development and zoning.[10]
[10]
Editor's Note: See Ch. 26, Part 1, Stormwater Management; Ch. 22, Subdivision and Land Development; and Ch. 27, Zoning, respectively.
(d)
PSES/BESS constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this Subsection 56. Any physical modification to any existing PSES shall require approval under this Subsection 56. Routine maintenance or replacements do not require a permit.
(e)
The PSES/BESS shall meet the dimensional requirements of the applicable zoning district, unless otherwise specified in this Subsection 56.
(f)
The PSES/BESS 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 34.5 kV and plumbing shall be placed underground to the greatest extent feasible.
(h)
The PSES/BESS shall be set back as set forth herein, being measured from the outer edge of the panels or perimeter of the fences of the PSES/BESS, whichever is closer:
1)
PSES and BESS shall be set back a minimum of 100 feet from any property line, and/or public road right-of-way.
2)
BESS set back 500 feet from any occupied structure.
3)
All inverters, substations, and transformers shall be set back a minimum of 500 feet from any occupied structure.
(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 connected system. If no BESS is proposed on site, prior to commencement of operations, applicant/user must provide proof of acceptance by the public utility of the energy generated from the PSES. Applicant/user must also provide an annual letter to the Township from the public utility company confirming that the PSES is still connected to the grid.
(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 Subsection 56.
(l)
Lighting shall be in accordance with the applicable sections of this Subsection 56.
(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 Smith Township Code Enforcement Officer to contact with inquires and verified complaints. The PSES owner and/or operator shall make reasonable efforts to respond to the inquiries/complaints. A contact name, with knowledge of the system, must be provided to Smith Township with updates due to employee advancement or turnover.
(p)
The applicant/PSES or BESS owner or operator will be required to provide the Township with the following information and documentation during the land development process:
1)
The applicant/PSES or BESS owner or operator shall provide the Township with proof that they completed Cultural Resource Notice Paperwork with the Pennsylvania DEP.
2)
The applicant/PSES or BESS owner or operator shall provide the Township with an Endangered Species Report from the Pennsylvania Game Commission, PFBC and/or DCNR.
3)
The applicant/PSES or BESS owner or operator must certify that the contractors they hire to install the PSES or BESS are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
a)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP); and/or
b)
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program.
(2)
Regulations Applicable to Ground-Mounted Principal Solar Energy Systems (and BESS and Roof-Mounted PSES):
(a)
Ground-mounted PSES solar panels shall not exceed 25 feet in height.
(b)
Impervious Coverage.
1)
The area beneath the ground-mounted PSES shall be considered pervious cover unless the use of impervious construction materials under the system should cause the area to be considered impervious.
2)
Gravel of paved access roads servicing the PSES shall be considered impervious.
(c)
Screening and Vegetation.
1)
Ground-mounted PSES shall be screened from adjoining residential and commercial uses and public rights-of-way or zones according to the standards found in Buffer Area A, further set forth in § 1202, Screening and Landscaping.
2)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal.
3)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
4)
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
5)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at the time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
6)
A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
(d)
Unless agreed to by easement of 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 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.
3)
All pad-mounted transformers shall be placed in enclosures pursuant to industry standards.
(f)
Access drives to solar inverter stations are required to allow for maintenance and emergency management vehicles. Applicant shall coordinate with the Slovan Volunteer Fire Department and other fire departments or emergency services professionals that the Township deems necessary to ensure that the cartway width is sufficient and allows for emergency services vehicles to turn around. 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.
(h)
Glare. Any glare produced by a PSES and/or BESS cannot have a significant adverse impact on neighboring or adjacent uses. The applicant must provide a completed glare study ensuring that glare created by the PSES and/or BESS does not fall into the "red category" of glare as used in Sandia's Solar Glare Hazard Analysis Tool or similar commercially available glare analysis tool.
(i)
Noise. Applicant must conduct a pre-construction acoustical study. The acoustical study shall include ambient sound measurements taken at the property line prior to construction and estimate sound impact(s) from the PSES and/or BESS post-construction. The study shall also include all mitigation efforts taken by applicant to reduce noise generated from the PSES and/or BESS in order to comply with the Township's Noise Ordinance.
(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 (stream 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-foot) 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 the local emergency services, including paid or volunteer fire department(s).
(b)
The applicant/user shall cooperate with the local emergency services to develop and coordinate implementation of an emergency response plan for the solar energy facility.
(c)
Applicant/user shall be responsible for all costs associated with specialized training and specialized equipment necessary to execute the emergency response plan.
(d)
Prior to commencement of construction, applicant/user must coordinate with Burgettstown School District to coordinate construction and equipment traffic in an effort to ensure that there is no impact on school drop-off and pick-up times.
(6)
Decommissioning.
(a)
PSES Project Abandonment.
1)
The PSES operator shall notify the Township immediately upon cessation or abandonment of PSES project; or
2)
The PSES project shall be presumed discontinued or abandoned if no production of commercial quantities of electricity is generated by such system for 12 continuous months.
(b)
Removal.
1)
The PSES shall be decommissioned and removed in compliance within this Subsection 56 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(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 and approved by the Township Engineer shall provide the estimate 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 to substantially similar to the condition of the project parcel(s) prior to construction of the PSES.
2)
The decommissioning plan shall be submitted to the Township during land development and prior to executing a developer's agreement.
3)
The decommissioning plan shall be updated every three years.
4)
Update 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 building permit was issued for the PSES and each three-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; shall provide an updated decommissioning cost.
(d)
Decommissioning Security.
1)
Prior to construction, the applicant shall post financial security in the amount of 125% of the decommissioning cost, as approved by the Township Engineer securing the decommissioning obligations of the PSES/BESS and naming the Township as beneficiary, the original of which security shall be delivered to the Township. The form of the security shall be subject to the review and approval of the Township Solicitor.
2)
The financial security shall be updated to reflect the revised decommissioning cost every three years and/or upon transfer of ownership of the property or the PSES/BESS.
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 Subsection 56 and shall be accompanied by drawings showing the location of the solar energy system on the building or project(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 Subsection 56. 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 this Subsection 56.
(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, 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)
The applicant shall, prior to receipt of an approved permit, 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 project. The costs shall include, but not be limited to, engineering and legal fees. Any funds remaining after the project completion shall be returned to the developer.
(3)
Modification. The Board of Supervisors may, in its sole discretion, grant modification of 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 Subsection 56 are 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.
