Consistent with the general purposes of this Chapter, the specific purpose of this Part is:

A.

To encourage the construction on and continued use of land for commercial and industrial purposes.

B.

To prohibit any use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district.

C.

To establish reasonable standards for buildings and other structures, the area and dimensions of yards and other open spaces, and to provide for facilities and operation of business and industry to minimize air pollution, noise, glare, heat, vibration, fire, safety hazards, etc.

(Ord. 2017-002, 4/25/2017)

A.

Any non-residential permitted or conditional use listed under Part 9, Retail Commercial/Professional Office District (C) unless otherwise noted herein.

B.

Vehicles and mobile homes manufacturing, and assembling; auto body shops; vehicle painting, upholstery, reconditioning, repair or overhauling; tire retreading or recapping, welding shops, and the like.

C.

Bottling works and bookbinding.

D.

Building materials storage, lumber yards, and lumber mills.

E.

Blacksmith and machine shops, excluding punch presses over 20 tons capacity, and drop hammers.

F.

Carpentry, cabinet making, furniture repair and upholstery, electrician, metal working, tinsmith, plumbing, gas, steam, or hot water fitting shops.

G.

Contractor's equipment, sales, service, and storage.

H.

Electric and telephone, public utility transmission and distribution facilities, including substations, water pumping stations, and reservoirs.

I.

Laboratories.

J.

Laundries, cleaning, dying, carpet and rug cleaning.

K.

Tradesman services.

L.

Photographics or film processing.

M.

The manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, film, fur, glass, hair, leather, paper, plastics, precious or semi-precious metals, or stones, shell, textiles, tobacco, wood, yarns, and paint not employing a boiling process.

N.

The manufacture, processing, or packaging of dairy and food products, excluding the rendering of hides and bones.

O.

The manufacturing of pottery and figurines or other similar ceramic products, using only clay, and fired only by electricity or gas.

P.

Printing, newspaper publishing, and lithography.

Q.

Salvage yards on tracts of land in excess of 25 acres in size.

R.

Light metal fabrication and assembly, and processing which shall include finishing, grinding, sharpening, polishing, cleaning, rust-proofing, and painting.

S.

Accessory uses and buildings customarily incidental to the above uses including dwellings for bona fide caretakers or watchmen only.

T.

Wholesale and retail sales of products manufactured, produced or distributed pursuant to a permitted use in whole or part on the lot in question.

U.

Truck repair and service facilities.

V.

Tattoo parlors and body piercing studios.

W.

Other principal uses similar to the above provided that they meet the performance standards found in this Chapter. Prior to any application for a land development plan, or a land use permit, if a land development plan is not required, documentation shall be presented for the intended use establishing compatibility with other uses permitted in this district in terms of the performance standards enumerated in this Chapter. Documentation, shall be required in the event of a change of any use of any structure in this district. This documentation shall be subject to review and comment by the Planning Commission, and to a classification procedure establishing the basis for the intended use to be permitted or to be prohibited in a report to the Board of Supervisors. The Board of Supervisors shall act upon the proposed, intended use, within 30 days of receipt of said Planning Commission report.

Documentation Required. To determine whether or not the proposed use is permitted, if not specifically listed, a detailed site plan with accompanying documentation shall be submitted to the Township Zoning Officer, who will distribute them to all the applicable review agencies, including the Planning Commission. Based upon their remarks and recommendations, the Board of Supervisors shall make an objective determination. This decision shall be furnished, in writing, not later than ten days after the decision is rendered, to the person, persons or corporation requesting certification of the permitted use in this district. Once this is done, an official application for subdivision and land development plan approval or a land use permit, whichever is applicable, can be completed and processed. For the certification process to arrive at the proposed use being permitted or not, the information required shall be as follows:

1.

Sketch plan showing all property dimensions, existing locations of all buildings, structures, rights-of-way, easements, driveways, off-street parking facilities; utility lines, poles and appurtenances; entrances and exits on the site, and within 100 feet of the property; proposed locations and dimensions of proposed buildings, structures, walkways, buffer zones, parking areas, loading areas, storage areas, signs, sanitary sewer facilities, stormwater management facilities, water supply, waste disposal provisions, curbs, landscaping, exterior lighting; existing and proposed physical features such as water bodies, water courses, grades, woods, trees, soils, rock outcrops, subsurface formations, ecological habitats, vistas; all adjoining properties and uses within 200 feet of the site to include their historical, architectural and archaeological significance.

2.

Statement explaining the suitability of the site for development, and its compatibility and demand for the intended use of the type proposed in the particular location proposed; furthermore, its accessibility and availability of community facilities and services should be included as well as the proposed project's impact on the Township Comprehensive Plan, planned capital improvements or proposed development regulations.

3.

Description of existing and proposed machinery, processes and products.

4.

Specifications for the mechanisms and techniques used or to be used in restricting emission of any dangerous and objectionable elements, and in measurement of the potential emission if any is anticipated.

5.

Inventory and analysis of water quantity requirements and water yields and quality; traffic counts, road capacities, circulation patterns and considerations; and, any other data that may be required.

6.

Designation of applicable local, Commonwealth, and Federal approvals and permits required, and compliance with same.

X.

Self-Storage Developments.

1.

Off-street parking spaces shall be provided at the rate of one per onsite employee, plus two per any onsite resident manager. If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office. Parking for storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when storage units open onto one side of the lane only, and at least 30 feet wide when storage units open onto both sides of the lane.

2.

The servicing or repair of stored equipment or vehicles shall not be conducted on the premises.

3.

No business activities, other than the rental of storage units, shall be conducted on the premises. Commercial, wholesale, or retail sales are prohibited. The renting of vehicles or equipment on the premises shall be prohibited. Auctions or garage sales are prohibited. This subsection shall not prohibit the owner or operator of the self-storage facility from conducting or having conducted auctions for the sole purpose of selling property abandoned by lessees or recovered by the owner or operator from a lessee through legal process, or as the result of the death of a lessee.

4.

Except for Subsection 5 below, all storage shall be kept within an enclosed building. The storage of ammunition, flammable liquids, highly combustible or explosive materials, paint, or hazardous chemicals is prohibited.

5.

Exterior storage. If a parking area is to be provided for the outdoor storage of trailers, boats, recreational vehicles, classic or antique cars, or other motor vehicles, such parking shall be in addition to any required parking per Subsection 1. External storage area may be provided for their storage so long as such external storage area is screened from adjoining land within the (R-1), (R- 2), or (A) zones and adjoining roads, and is located behind the minimum front yard setback line. Landscaping, screening, and overall site exterior lighting shall be provided and regulated as applicable in accordance with the Township Subdivision and Land Development Ordinance. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles. All motor vehicles as defined by the Pennsylvania Motor Vehicle Code which are stored in the external storage area shall have current registration and inspection stickers. The minimum lot size for exterior storage is two acres.

6.

All access drives, parking, and loading areas must be paved and shall be mud-free.

7.

No habitation will be permitted onsite except for a resident manager.

8.

All storage areas shall be enclosed by a chain link or other similar security fence of a minimum six-foot height which shall be maintained and secured at all times.

9.

A manager who shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances must be located within 25 miles of the facility. A sign containing the manager's contact information must be posted prominently on the property. Any onsite dwelling for a resident manager shall comply with all of those requirements listed within the (R-1) zone and shall be entitled to all residential accessory uses provided in this Ordinance.

10.

The owner or operator of the facility shall require contracts from all unit users/lessees setting forth all of the above regulations and prohibitions. Contracts must also include the name, address, contact information, and a valid form of government identification for all lessees.

11.

All exterior property and premises shall be maintained free from weeds and debris.

(Ord. 2017-002, 4/25/2017; Ord. 2024-002, 10/22/2024, § 3)

A.

Commercial wireless telecommunications service facilities in accordance with Section 39-318 of this Chapter.

B.

Sexually oriented businesses as regulated and further defined by Chapter 13 of this Code, subject to the following locational requirements:

1.

A sexually oriented business shall not be permitted to locate within 1,000 feet of any other sexually oriented business.

2.

A sexually oriented business shall not be permitted to locate within 1,000 feet of any residential property or any zoning boundary.

3.

A sexually oriented business shall not be permitted to locate within 1,000 feet of any child care facility, church or other similar religious facility, school, park, playground.

4.

The distance between any two sexually oriented businesses or between such a business and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the establishment(s) to the closest point on the property line of said land use.

C.

Surface Mining. All new surface mining operations as defined in Section 39-404 of this Chapter shall be permitted as a conditional use in the Agricultural/Woodland Conservation District and the Highway Commercial/Light Industrial District. Proposed surface mining facilities permitted by the Pennsylvania Department of Environmental Protection following the date of adoption of this Chapter, but with a pending application filed prior to said adoption, shall conform in all respects with the requirements of this Section. Said operation shall be located with vehicular access over a roadway with paving, a minimum of three inches thick and at least 20 feet in width connecting said operation to a roadway classified in the Township Comprehensive Plan as an arterial roadway, and subject to the following conditions and performance standards:

1.

Surface mining operations shall include sandpits, gravel pits, shale pits, removal of topsoil or rock, or the removal of any natural resource or mineral from the land or ground.

2.

Any person, corporation or otherwise, engaged in, or proposing to engage in, surface mining operation as defined herein, shall be properly licensed by Pennsylvania Department of Environmental Protection to engage in such operations.

3.

Surface mining operations including the production, processing, excavation, extraction, or reclamation of natural resources, sedimentation ponds, stockpiling and related structures shall not be conducted or erected closer than 100 feet to any property line or outside line of right-of-way of any public highway and not closer than 300 feet to any occupied dwelling house, public building or commercial or industrial building, unless released by the owner thereof.

4.

Vegetative screening shall be provided by the owner along all of the property and street boundary lines separating the operation from adjacent uses. Said vegetative screening is exempt from setback restrictions. The screening is to be in the form of vegetation and the following standards shall apply:

a.

A minimum of three rows of trees, shrubs, or other vegetation not less than 50 percent evergreen material shall be planted to produce the effective visual barricade.

b.

At least two different species of trees, shrubs or other vegetation shall be utilized. Selected species shall exhibit different tolerances to insects and disease.

c.

Species selected must be capable of producing the effective visual barrier, ten feet in height, within five years of planting.

d.

Prompt replacement of any dead species shall be required.

e.

Earthen mounds may also be used as a form of screening but in no case shall be located closer than 50 feet from a property line or outside line of right-of-way of any public highway.

5.

The following security measures shall be provided:

a.

Prior to the commencement of surface mining operations, a physical barricade shall be constructed enclosing the area actively being excavated in accordance with the following standards; Fencing shall be at least six feet high and constructed of wire mesh fabric and barbed wire across the top. Alternative varieties of fencing may be used upon approval by the Township Board of Supervisors.

b.

All access openings shall be provided with gates that can be locked to prevent unauthorized entry during periods of non-operation.

c.

Warning signs stating the nature of the operation shall be conspicuously posted around the perimeter of the operation.

6.

A site plan of the entire property, clearly and legibly drawn at a scale of one inch = 100 feet or less, shall be provided and include the following items.

a.

North arrow, scale and date.

b.

Topographic contour lines.

c.

All property lines including a metes and bounds description and the size of the property expressed in acres or square feet.

d.

The location of all existing buildings, structures, cemeteries, streets, wells and streams within 500 feet of the property proposed for surface mining operation.

e.

The location of the proposed surface mining operation and the staging of operations if applicable.

f.

The location of proposed stockpiles, sedimentation ponds, access roads and buildings associated with the proposed operation.

g.

The location of security fences, gates, and signs.

h.

The location and description of required screening.

i.

The location and description of all erosion and sedimentation control measures.

7.

A traffic circulation plan drawn at a suitable scale shall be provided indicating the following:

a.

The location of the proposed operation with respect to major traffic arteries.

b.

The proposed vehicular routing both to and from the proposed operation.

c.

A traffic impact study in accordance with Section 31-808 of this Code shall be required at the discretion of the Board of Supervisors.

8.

An operation plan shall be provided for all surface mining operations and shall include the following:

a.

Procedures to be followed for compliance with Section 102, Chapter 77 of the Department of Environmental Protection Rules and Regulations.

b.

A schedule of operational hours provided that all required blasting shall be confined to the hours between 8:00 a.m. and 5:00 p.m. prevailing time.

c.

Procedures for the removal of mud or debris on any public road resulting from the ingress or egress of vehicular traffic from the operation. Said mud or debris shall be removed at the end of each working day, or more frequently if needed during the working day.

d.

Procedures for dust control shall include the following:

i.

Access roads shall be maintained with a dustless surface from the connecting public roadway to a point within 100 feet of any loading area.

ii.

Stockpiling of any materials shall be in such a manner as to prevent dust from blowing onto adjacent properties.

e.

Procedures for controlling erosion and sedimentation resulting from the proposed operation as required by the Department of Environmental Protection and consistent with erosion and sedimentation control measures included in this Chapter.

f.

Procedures for the ultimate closing and reclamation of the proposed operation as required by the Department of Environmental Protection.

9.

Maintenance Bond. A maintenance bond not exceeding 50 percent of the full cost of repaving the Township roads servicing the operation, from the entry to the operation to the first utilized arterial roadway, as classified by the Township Comprehensive Plan, under such conditions, in form and with surety as shall be approved by the Township Board of Supervisors, shall be provided by the operator. In lieu of a bond, the operator may deposit cash or securities with the Township to secure said repaving under an escrow agreement approved by the Township Solicitor and Board of Supervisors.

The amount of the bond or other guarantee shall be equal to 50 percent of the cost of the required repaving as estimated by the Township Engineer. The amount of financial security may be increased by up to an additional ten percent for each one-year period beyond the first anniversary date from posting of financial security. Said financial security amount shall be reviewed annually by the Township in an attempt to determine any appropriate adjustments.

10.

Community Impact Assessment.

a.

At the discretion of the Board of Supervisors, the applicant shall be required to disclose the community and environmental consequences or effects of the proposal through the submission of a community impact assessment. This report shall be submitted with the conditional use application. The assessment shall be prepared by a qualified, Pennsylvania licensed engineer or geologist mutually agreed upon by the Township and developer based upon the consultant's experience in similar studies.

b.

The assessment shall include text, tables, maps, photographs, surveys and analyses assessing the impact of the proposal on and the character of the proposal relative to environmental factors including, but not limited to, geology, erosion and sedimentation control, drainage, groundwater, flood hazards, vegetation, wildlife, wetlands, cultural and historic resources, visual resources, air quality, noise, odor, smoke, dust, vibration, toxic materials, glare, heat, surface water, radiation, fire and explosion hazards, electrical interference, and the storage of potential contaminants and hazardous materials.

c.

The report shall also include a detailed narrative of the proposal and its operations including, but not limited to, hours of operation, employees, security features, buffer zones, traffic circulation and existing infrastructure conditions, structures, screening and landscaping, sequence of construction, manufacturing processes utilized, treatment processes and discharge points, required permitting and approvals from State and Federal regulatory agencies, utility service, water consumption, waste products, ownership and local contact information, maintenance schedule and procedures, reclamation plan, and a preparedness, prevention and contingency plan.

d.

An analysis of neighboring properties and land uses within a radius of 1,000 feet of the perimeter of the subject property.

e.

A summary of anticipated harms and benefits and any avoidance and/or mitigation measures proposed in response to the reported impacts.

D.

Solid Waste Landfills.

1.

General. Landfills must be conducted and maintained in such a manner as to protect the environment and ensure the health, safety and welfare of the citizens of Township.

2.

Location of Landfills Within the Township.

a.

Landfills shall not be located in an area with soils classified by the Natural Resources Conservation Service (NRCS) as prime agricultural soils.

b.

No landfill shall be located on property which has any perennial or intermittent stream, creek, run or other free flowing body of water within 200 feet of the boundaries of said landfill nor shall any such perennial or intermittent stream, creek, run or other free flowing body of water run through any land upon which a landfill is proposed to be located.

c.

No part of the landfill shall be established within 500 feet measured horizontally of any habitable dwelling.

d.

No landfill shall be established within 300 feet of any building that is currently being occupied by people for periods in excess of five hours per day.

e.

No landfill shall be established within 200 feet of a property line.

f.

No landfill shall be established within 100 feet of a public right-of-way. Where the right-of-way is bounded on both sides by a landfill, under a single ownership, the landfill shall be set back 100 feet on each side of the right-of-way.

g.

No part of any landfill shall be established within 3,000 feet of any groundwater or surface water supply used for domestic or agricultural use.

h.

No part of any landfill shall be located within 2,000 feet of any residential area having a density of one dwelling unit or more per acre.

i.

No part of any landfill shall be located within 300 feet of any wetlands that function as a groundwater recharge area.

j.

No part of any landfill shall be located within a floodprone area.

k.

No part of any landfill shall permanently alter the natural grade or topography by more than 25 feet.

3.

Buffer Zones; Fencing; Planting.

a.

Buffer Zone. There shall be a 200 feet buffer zone between the landfill and the adjoining properties.

b.

Screening. All landfills shall be enclosed by a chain link fence having an eight foot minimum height. Said fence shall be screened from view on all sides by vegetative screening. Vegetative screening shall consist of trees, a hedge, or other vegetative material at least eight feet in height and of sufficient density to conceal from the view of adjacent property owners and the general public, the fence enclosing the landfill and the structures and uses of the premises.

4.

Hours of Operation and Dirt and Debris from Trucks

a.

The landfill shall be opened, and dumping and depositing therein shall be permitted only from 7:00 a.m. to 4:30 p.m., Monday through Friday, and 7:00 a.m. to 11:00 a.m., Saturdays. However, on Saturday immediately following a week within which a national holiday occurs, the landfill shall be allowed to remain open from 7:00 a.m. to 4:30 p.m. on that Saturday. The following are national holidays: Christmas, Easter, Thanksgiving, Fourth of July, Memorial Day, Martin Luther King Day, President's Day and Labor Day.

b.

In order to prevent trucks departing the landfill from depositing dirt and debris on public roads, all access roads shall be paved with macadam 1,000 feet from the point the access road intersects with the public roads. All trucks shall be washed in such a manner to prevent debris and dirt from being deposited on public roads.

c.

All landfills and expansions shall be designed with a sufficient vehicle staging area to prevent the backup of vehicles onto public roads or the shoulders of public roads while waiting for access to the landfill. The staging area shall be located no less than 200 feet from public rights-of-way. Landfill operators shall provide written instructions and directions to all persons delivering solid waste to the facility. Said written orders shall direct drivers to the appropriate route as may be determined by the Township Supervisors so as to avoid adverse safety and traffic conditions and the use of roads which are unsuitable for use by solid waste collection and transport vehicles.

5.

Conditional Use Landfill Application Approval Required.

a.

No person shall start, maintain, continue to maintain or expand, whether for commercial purposes or otherwise, any landfill within the Township unless such landfill has an approved conditional use landfill application from the Board of Supervisors of the Township. Application for such conditional use approval shall be made to the Board of Supervisors of the Township and shall be in writing, under oath, and in the form prescribed by the Board of Supervisors.

b.

Said application shall contain the following information:

i.

Name of the applicant and address for the past five years, the location of the premises upon which the landfill is to be conducted, and the name of the owner or owners of said property, if other than the applicant.

ii.

Upon any subsequent applications, the applicant must provide a statement that during the preceding term of his conditional use approval he complied with and maintained the premises in full compliance with the provisions of this Section.

iii.

Each application shall describe the premises upon which the landfill is to be established, specifying therein setback lines, structures erected thereon, any premises to be so used, and the book and page number identifying the deed of record as recorded by the County Recorder of Deeds.

iv.

If the applicant is a partnership or association, the applicant shall furnish the information required in subsection i and ii above, for every member of the association or partnership. If the application is a corporation, the applicant shall furnish the information requested in subsections i and ii, above, for each officer and director thereof.

v.

The application shall be signed by the applicant if an individual; by all members if the applicant is a partnership or association; and by the president, secretary, and chairman of the board if the applicant is a corporation.

vi.

A physical plan of the landfill drawn to scale shall be submitted with the application, including the following:

(a)

Tract metes and bounds upon which the landfill is to be maintained, the area presently in use as a landfill, and the area for which a permit has been granted by the Department of Environmental Protection under the Solid Waste Management Act, as amended.

(b)

All perennial and intermittent streams, creeks, runs or other free-flowing bodies of water within 500 feet of any proposed landfill. All property lines within 200 feet of the landfill. All buildings and structures within 600 feet of the landfill. All rights-of-way within 200 feet of the landfill. All water supplies for domestic or agricultural use within 3,000 feet of the landfill.

(c)

Proposed planting locations designed in compliance with Section 31-908.

(d)

Soil embankments for noise, dust, and visual barriers; and heights of soil mounds, including proposed soil erosion and sedimentation control which has been favorably reviewed by the Soil Conservation Service.

(e)

Stormwater management provisions.

(f)

Interior road pattern identifying their relation to yard operation and points of ingress and egress onto State and Township roads. Adequate parking and staging area for trucks.

(g)

Source of water, if plans show use of water, and location of all monitoring wells.

vii.

The applicant shall also submit to the Township a site plan showing the appearance of the site following termination of any landfill activity. Such plan must show:

(a)

Final grading contours.

(b)

Planned ultimate use and ownership of the site after termination of the landfill.

viii.

A separate application is required for each landfill and each landfill expansion.

ix.

Applications.

(a)

The application, with the required fees, deposits, written approvals, comments and/or recommendations, as well as other documents or evidence that may be required by any Federal, State or local board or agency shall be submitted to the Township at the Township Municipal Building during regular business hours, at least 15 calendar days prior to the next scheduled meeting of the Township Board of Supervisors at which said application is to be reviewed.

(b)

Application shall have attached to the application form, in addition to these afore referenced approvals, comments and recommendations of: a) the Township Planning Commission; b) the Township Zoning Hearing Board; c) the Township Zoning Officer; d) the Township Solicitor; e) the Township Manager; f) the Township Secretary; and g) the Township Engineer.

(c)

The comments and recommendations required in subsections (a) and (b) above, shall be obtained at the expense of the applicant and shall be submitted as required under subsection 5.b.

x.

Every prospective landfill shall pay an application fee for each application. An application renewal fee shall be paid annually on the anniversary of the effective date of the initial approval. Said fees are to defray Township costs of administrating this Section. Said fees shall be as established by the Board of Supervisors by resolution.

xi.

Approvals shall be issued for a term of one calendar year.

xii.

The landfill may be inspected and reviewed at any time during the one year term of the initial approval of the application. A failure to comply with this Section can result in said approval being revoked by the Township.

xiii.

The Board of Supervisors of the Township, upon receipt of an application timely filed, shall schedule a public hearing in accordance with Part 13. In determining whether or not to grant the conditional use, the Board of Supervisors will consider the standards set forth in Part 13. In addition, the Board of Supervisors will consider the suitability of the proposed premises for the purpose, the character of the property adjacent thereto, the effect of the proposed use on the surrounding properties, the environment, as well as the health, welfare and safety of the citizens of the Township.

xiv.

The application shall include a traffic impact study in accordance with Section 31-808 of this Code. The application shall also be accompanied by a Community Impact Assessment as per Section 39-1102.C.10 of this Code.

6.

Escape of Solid Waste. The landfill shall prevent any solid waste, including the residue of said waste, from blowing, leaking or otherwise escaping from the landfill onto any public or private property in the Township. In the event of a violation of this Section, in addition to any other penalties provided herein, the licensee shall remove and/or clean any such refuse within 24 hours unless prevented from doing so in an emergency caused by adverse weather conditions. If licensee shall be prevented from clean-up within 24 hours by adverse weather conditions, licensee shall have 24 hours after the weather condition is clear to correct the problem.

7.

Insurance Required.

1.

The landfill shall provide liability insurance in the amount of $10,000.00 for claims of liability against the Township, the Board of Supervisors, their employees, agents, or representatives. However, the Board of Supervisors may require the amount of the liability insurance to be increased in order to prevent adverse effect upon public health and safety or public wealth and the environment while the landfill is active and after closure.

2.

Any cancellation of the landfill owner's insurance, either in part or in total, shall be just cause for revocation of the approval issued under this Section.

8.

Daily Operation/Responsibility. The landfill shall be responsible for the cleanup and policing of all areas and adjacent properties to which any materials are spread by natural or artificial means from said solid waste landfill site.

9.

Inspection Access.

a.

The Township, or its designated agent, shall have the right to enter the landfill site for the purpose of monitoring compliance with this Section without notice during normal operational hours, and shall have the right to inspect during non-operating hours upon 24 hours advance notice to the landfill.

b.

Pursuant to the Waste Planning, Recycling, and Waste Reduction Act, 53 P.S. § 400.101, et.seq., certain employees of the Township have been certified as municipal inspectors to ensure that solid waste landfills are in compliance with the "Solid Waste Management Act," 35 P.S. § 6018.101 et.seq. Said employees are appointed and authorized to enforce the Waste Planning, Recycling and Waste Reduction Act and regulations promulgated pursuant to said acts on behalf of the Township.

10.

Enforcement. The enforcement of this Section shall be pursuant to Part 5 of this Chapter.

11.

Applicability of Other Laws. If this section is in conflict with the Solid Waste Management Act, as amended, the Waste Planning, Recycling and Waste Reduction Act, or the regulations promulgated pursuant to said Acts, then the Section or Act imposing the most stringent requirement shall apply.

12.

Severability. The provisions of this Section are severable. If any paragraph, sentence or clause or part thereof shall be declared illegal, unconstitutional or invalid by any court of component jurisdiction, such illegality, unconstitutionality or invalidity shall not affect the remaining portions of this subsection and it hereby is declared the intention and purpose of the Board of Supervisors that this Section would have been enacted without such illegal, invalid or unconstitutional provisions.

13.

Definitions.

a.

The definitions contained in the Solid Waste Management Act, 35 P.S. § 6018.101 et.seq., the Waste Planning. Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et.seq., and regulations promulgated pursuant to those acts, are applicable to this Section.

b.

Board - The Board of Supervisors of Southampton Township.

c.

Prime Agricultural Soils - Soils classified as prime agricultural soils in the Comprehensive Plan for the Township adopted July 20, 1994.

d.

In this Section, the singular shall include the plural, and the masculine shall include the feminine and neuter.

e.

Landfill - A facility using land for disposing of any solid waste including residual, municipal, hazardous, demolition/construction or special handling wastes as defined under the Solid Waste Management Act of July 7, 1980 (P.L. 380-97) as amended. The facility includes land affected during the lifetime of operations, but not limited to, areas where disposal processing activities actually occur, support facilities, borrow sites, mitigation areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and post closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incident to operation of the facility.

f.

Intermittent Stream - A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, may be below the local watertable and obtains its flow from both surface runoff and groundwater discharges.

E.

Small wind energy systems in accordance with the following standards:

1.

Tower Height. Tower height shall be limited to 80 feet unless otherwise restricted by Federal Aviation Administration (FAA) regulations.

2.

Setback. The system shall be set back a distance equal to 110 percent of the height of the tower plus the blade length from all adjacent property lines. This setback may be reduced by notarized consent of the owner of the property on which the system is to be erected and the adjoining landowner whose property falls within the specified distance. Additionally, no portion of the system, including guy wire anchors, may extend closer than ten feet to any property line.

3.

Such systems shall be located on a parcel that is a minimum 30,000 square feet in area.

4.

Noise. Small wind energy systems shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. However, this level may be exceeded during short-term events such as utility outages and/or severe wind storms.

5.

Approved turbines. Small wind turbines must have approval under a small wind certification program recognized by the American Wind Energy Association (AWEA).

6.

Lighting. Systems shall not be artificially lighted unless required by the FAA or other appropriate authority.

7.

No tower shall have any sign, writing or picture that may be construed as advertising.

8.

The applicant shall provide evidence that the proposed height of the small wind energy system does not exceed the height recommended by the manufacturer or distributor of the system.

9.

The minimum distance between the ground and any protruding blades shall be 20 feet as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blades shall also be ten feet above the height of any structure within 150 feet of the base. The base of the tower shall not be climbable for a vertical distance of 12 feet above grade of the fixed portion of the tower.

10.

No small wind energy system shall be installed until evidence has been provided that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

F.

Distribution and logistics centers, rail and/or truck terminals, warehousing, and drop lots or drop and hook lots.

1.

These uses shall be considered industrial for the purposes of regulating performance standards, screening and buffer zones.

2.

The proposed facility shall demonstrate compliance with the landscaping, screening and buffer requirements set forth in Section 31-908 of this Code and with any modification(s) of requirements granted thereto by the Township Board of Supervisors.

3.

Access to the property shall be provided via an arterial street or collector street as designated in the Township Comprehensive Plan, or via an existing or proposed street improved in accordance with heavy-duty truck design and construction standards approved by the Board of Supervisors.

4.

Any gates or other barriers used at the entrance to the facility shall be set back and arranged accordingly to prevent vehicle backups onto adjoining roads during peak arrival periods for the facility and peak travel times for the road(s).

5.

Proposed facilities shall demonstrate in narrative form compliance with all applicable requirements of Pennsylvania's Diesel-Powered Motor Vehicle Idling Act (35 P.S. § 4601, Act 124 of 2008, as amended) including, but not limited to, signage and stationary idle reduction technology. A note shall be placed on the land development plan indicating the applicant's understanding of the Act and its agreement to comply with all applicable requirements and to meet the applicable standards at all times.

6.

The following supporting documentation shall be submitted by the applicant for review as part of the conditional use application:

a.

A note shall be placed on the land development plan indicating the applicant's understanding of the Township's industrial performance standards (i.e. drainage, electricity, glare, radioactivity, vibration, fire and explosion hazards, traffic control, storage of explosives, storage of flammable substances, waste disposal, noise, odor, dust, fumes, vapor, gas, and smoke) as outlined in Section 39-1103 of the this Chapter and other applicable sections of this Code, and its agreement to meet the applicable standards at all times.

b.

The applicant shall submit a traffic impact study prepared in accordance with Section 31-808 of this Code.

c.

The applicant shall submit a detailed description of the preparedness, prevention and contingency plans and procedures to be utilized onsite in dealing with fuel spills and hazardous materials releases should they occur on the premises.

d.

A narrative identifying, as applicable and at a minimum, the nature of the on-site activities and operations, the responsible individuals or entities and their contact information, the hours of operation, the number of shifts and the total number of employees on each shift.

e.

Proposed building elevations along with line-of-sight diagrams/profiles from occupied structures in each direction, as applicable.

(Ord. 2017-002, 4/25/2017)

All proposed Industrial uses, with the exception of surface mining, shall meet or exceed all of the following requirements. Surface mining operations shall be governed by the prevailing applicable performance standard requirements of the Pennsylvania Department of Environmental Protection and the requirements of Section 39-1002 of this Chapter.

A.

Buffer Zones. All buffer zones shall be established in accordance with the design requirements of Section 31-908.C of this Code.

B.

Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.

C.

Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.

D.

Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets.

E.

Radioactivity. Any proposed activity in this district shall not emit any dangerous radioactivity at any point on the site.

F.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

G.

Fire and Explosion Hazard. All activities shall be carried out in buildings, structures and improvements which conform to the standards of the National Board of Fire Underwriters. Furthermore, protection against fire and explosion shall be upon the advice of the County Fire Marshal and the local fire company serving the area of the site.

H.

Traffic Control. All design traffic volumes shall be determined by accepted procedures of the Pennsylvania Department of Transportation. The design hourly volume and the average annual daily traffic count data shall be used as a basis of computation. Geometric design features shall be consistent with the design speeds and capacities of streets serving the site. Minimum stopping, turning and passing sight distances shall be determined. Grades, alignments, lanes, slopes, clearance, other street standards shall be consistent with Chapter 31 of this Code. Traffic control devices (signs, signals, pavement markings, etc.) shall be consistent with the Manual on Uniform Traffic Control Devices, American Association of State Highway officials in cooperation with the Pennsylvania Department of Transportation. Anticipated traffic generation shall not exceed the design volume of the street or streets serving the site and surrounding area, unless appropriate provisions to upgrade and to construct necessary street provisions consistent with Township street specifications.

I.

Storage of Explosives or Flammable Substances and Waste Disposal.

a.

No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground except in structures according to Commonwealth and Federal specifications.

b.

All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals.

c.

All materials or wastes which might cause fumes, constitute a fire hazard, or attract rodents or insects may only be stored in enclosed buildings or containers which are adequate to eliminate such hazards.

d.

No materials, fuels, wastes, or flammable substances may be deposited or stored on a lot in such a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline, alcohol, oil, waste oil, and chemicals which can contaminate a stream or water source unusable or undesirable as a source of water supply, recreation or which will destroy or damage aquatic life shall be stored in such a location so that it could be introduced into the said stream or water course by natural causes or forces, or by rupture or storage containers or accidental discharge.

J.

Noise Control. The sound level of any use within this district shall not exceed, at any point along the boundary of the lot on which the use is to be undertaken, Federal standards of recommended decibel levels in the designated octave bands, except for emergency alarm system. Sound levels shall be projected in accordance with similar or identical operations or uses and shall be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the same measuring system which may now or hereafter be utilized by the United States Government for this purpose.

K.

Odor Control. There shall be no emission of odorous gases or other odorous material of any nature in such quantities as to be offensive to the average individual at any point on or beyond the lot boundary line within which the industrial operation is situated. Identical operations or processes may be compared to determine compliance with this subsection. This subsection shall not apply to the storage or application of manure by agricultural operations in this district.

L.

Dust, Fumes, Vapor, and Gas Control. The emission of dust, dirt, flyash, fumes, vapors, or gases which can cause any damage to human health, to animals or to vegetation or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission is hereby prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise shall exceed .03 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharge as set forth above, measurement procedures shall follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.

M.

Smoke Control. No smoke shall be emitted from any chimney or from any other source which has a visible gray opacity greater than number one on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, as amended to the time of the application for land use permit. Identical operations or processes may be compacted to determine compliance with this subsection.

N.

Liquid and Solid Wastes. No operation shall discharge wastes of any kind into a surface water or a groundwater source. All methods of waste disposal shall be approved by the Pennsylvania Department of Environmental Protection. Evidence of such approval shall be provided.

(Ord. 2017-002, 4/25/2017)

A.

All buildings including accessory buildings shall not cover more than 50 percent of the area of the lot. No less than ten percent of the lot area shall be covered with lawns and landscaping.

B.

Proposed commercial and industrial uses or a mix of commercial/industrial uses shall be on land of sufficient area to accommodate the physical structure(s) when complying with off-street parking regulations and any other applicable regulations of this Chapter, and the following dimensional requirements:

* When on-lot sewer facilities are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or Department of Environmental Protection for factors relating to health and sanitation.

** The supplementary regulations found in Part 3 of this Chapter may be applicable to certain development activities and shall be strictly adhered to in all such instances.

(Ord. 2017-002, 4/25/2017)