Straban Township City Zoning Code
ARTICLE IV
Use Regulations
§ 140-14 Purpose.
The purpose of this article is to supplement, or supersede if expressly indicated herein, Article III, with additional requirements applicable to specific uses regardless if these uses are permitted by right or special exception.
§ 140-15 Residential and mixed uses.
All land development plans shall be submitted in accordance with Ordinance No. 2004-03, "Parks and Recreation Plan," and Ordinance No. 2004-04, "The provision of land in certain subdivisions and land developments for park and/or recreation purposes, and providing for fees in lieu of such provision."[1]
A.
Age-qualified housing; purpose. The purpose of any age-qualified housing development is to encourage the development of affordable and market-rate housing for individuals aged 55 and over by allowing for the greater variety of building types at a higher density than would normally be allowed; by allowing greater flexibility in site planning so as to promote the sound development of land which reduces residents' burdens of property maintenance and which reduces demands on municipal services; and to promote flexibility in land use planning in order to improve site layouts, protect natural features and environmental values and utilize land in harmony with neighboring properties.
(1)
The standards, requirements and provisions of Subsection A apply to age-qualified housing developments. Where these provisions conflict with those of the underlying zoning district, these standards shall supersede; otherwise, provisions of the underlying district shall apply. Minimum dimensional and parking regulations shall be as follows:
Table 140-15-1 Age-Qualified Housing Area, Coverage and Dimensional Requirements | ||||
|---|---|---|---|---|
Type | Minimum Standard | |||
Minimum lot width: | ||||
Residential: | ||||
Single-family detached lots | 45 feet | |||
Single-family attached lots | 25 feet for interior units and 45 feet for end units | |||
Lots for all other dwelling types | 30 feet | |||
Nonresidential lots | 25 feet | |||
Maximum impervious coverage | 50% of the base site area dedicated to age-qualified housing | |||
Maximum density | 10 dwelling units per acre | |||
Maximum building height | 40 feet in R-2 and MU-2 60 feet in MU-1 District | |||
Minimum setback for residential buildings: | ||||
Front | 12 feet | |||
Side | 5 feet each (except end units of single-family attached/townhouse dwellings shall have a minimum side yard of 7.5 feet) | |||
Rear | 12 feet (except that such building setback for a lot with an access alley at the rear shall have a setback of 6 feet) | |||
Minimum setback for nonresidential and mixed-use buildings | ||||
Front | 12 feet measured from the street curb | |||
Side | 10 feet between unattached buildings; 20 feet when abutting residential units | |||
Rear | 12 feet | |||
Minimum open space | See Article III district requirements | |||
(2)
Other requirements.
(a)
All utilities serving the proposed development shall be public centralized or community systems, and all utility lines shall be underground.
(c)
Streets or portions thereof that are proposed to be constructed within an age-qualified housing development shall be privately owned and maintained.
(d)
Parking requirements. For residential uses, 1.5 parking spaces (including garage spaces) for each dwelling unit shall be provided. The total number of parking spaces that are required to serve the nonresidential uses of an age-qualified housing development shall be a total of one parking space for each six dwelling units of such development, unless:
[1]
A reduced number is deemed sufficient by the Board of Supervisors as part of the approval of a land development plan; and
[2]
If required by the Board of Supervisors, land of sufficient area to construct the number of spaces by which the required parking was reduced is set aside for such parking spaces in the event that the initially reduced number of spaces is deemed by the Board of Supervisors to be insufficient to satisfy parking demands. Each such parking space shall be conveniently located to the nonresidential use that is intended to serve. If the age-qualified housing development is to be constructed in phases, the total number of parking spaces required to serve all nonresidential uses of the overall development also may be constructed in phases, provided that:
[a]
A sufficient number of parking spaces is installed with each phase to serve the nonresidential uses of such phase and any prior phases; and
[b]
Upon completion of the final phase of such development, the total number of parking spaces for nonresidential uses required under this section is satisfied (as reduced by the Board of Supervisors, if applicable).
(e)
The following uses shall be permitted as part of age-qualified housing developments and shall be subject to the dimensional requirements set forth in Subsection A(1) above:
[1]
Residential dwelling types in accordance with the underlying district and Table 140-15-1.
[2]
Recreational and cultural facilities for the sole use of the residents of the age-qualified housing development and their guests, including but not limited to clubhouses, community centers, lounges, bars, ballrooms, libraries, places of worship, swimming pools, tennis courts, shuffleboard courts, bocce courts, fitness centers, walking paths, golf putting greens and driving areas.
[3]
Commercial uses primarily for the use of the residents of the age-qualified housing development and their guests, including but not limited to cafes, restaurants and dining facilities; retail stores and businesses; personal service businesses; spas, medical and health and wellness facilities; concierge, hospitality facilities and travel services; and professional offices.
[4]
Accessory buildings and uses that are located within the age-qualified housing development and are customarily incidental to any of the above permitted uses.
[5]
Public utilities, water facilities and public sewer facilities. Such utilities and facilities may serve areas outside of the age-qualified housing development.
B.
Cluster residential design.
(1)
Purpose.
(a)
To preserve unique and sensitive natural features, such as water bodies, floodplains, wetlands, wet soil conditions, steep slope areas (20% or greater), ridgelines, rock outcroppings and woodland areas of the Township;
(b)
To protect scenic vistas from encroachment by development;
(c)
To retain and protect open space areas within residential development;
(d)
To minimize potential adverse impacts resulting from the location of new residential development adjacent to nonresidential uses; and
(e)
To provide a means to attain the goals and objectives of the Straban Township Comprehensive Plan (2005), or as amended.
(2)
Location on the parent lot.
(a)
Every developer, subject to this Subsection B, Cluster residential design, shall utilize Growing Greener Conservation Subdivision Design: A Four-Step Process, prepared by Natural Lands Trust.[2]
[2]
Editor's Note: "Growing Greener" is included at the end of this chapter.
(d)
Disturbance to existing woodland, hedgerows and mature tree stands shall be minimized. All trees and forest stands to be removed shall be noted on the plan.
(e)
The base site area remaining after open space has been subtracted shall be deemed the buildable site area.
(3)
Maximum density. Maximum density shall be calculated in accordance with the underlying district regulations.
(4)
Design standards.
(a)
Access to the lots. Access to buildings or dwelling units shall be provided from interior roads and/or private, shared access drives rather than from any existing road on the periphery of the site being subdivided.
(b)
Perimeter buffer area. A buffer of 100 feet shall be installed around the perimeter of the site.
(c)
Sidewalks. Sidewalks shall be installed on both sides of all streets to enhance pedestrian circulation. All sidewalks shall be five feet in width with a two-foot planting strip between the curb and edge of sidewalk. All sidewalks shall be constructed of durable materials such as decorative concrete or brick pavers.
(d)
Pedestrian-scale lighting. All cluster residential subdivisions shall include a pedestrian-scale lighting plan. Each light fixture, including the pole and glass bulb, shall be no taller than 15 feet and shall be decorative and/or ornamental in style.
(e)
Street name signage shall be provided to resemble the lighting fixtures in color and style.
(f)
For corner lots within a cluster residential design a rear setback is required along the rear lot line and a side setback is required along the side lot line (as defined in Chapter 117) in accordance with the setback standards for the applicable zoning district.
[Added 1-3-2023 by Ord. No. 2023-01]
(5)
Wastewater management. The cluster subdivision shall be served by public sewer, an approved community sewage system or an approved alternative in accordance with rules and regulations of the Pennsylvania Department of Environmental Protection and the Straban Township Sewage Enforcement Officer. Along with its special exception application, the applicant shall provide:
(a)
A written statement from the Gettysburg Municipal Authority (GMA) that clearly indicates that adequate capacity for sewer services is presently available, and provides the timeline and requirements for securing such capacity; or
(b)
The applicant must submit a completed sewage planning module for the sewage collection and treatment system that will service the project. The module is to be prepared in accordance with the regulations and standards imposed by the PA DEP for such documents applicable at the time of the application submission. The design and installation of any community sewage system shall be subject to the approval of the Township and PADEP, and shall satisfy all PADEP standards relating to construction, installation and maintenance.
(6)
Public water supply. As part of the special exception application, the applicant shall provide a letter from the Gettysburg Municipal Authority stating that adequate water capacity is available to support the proposed development or the applicant must submit detailed plans for a community water system that will service the project. The plans are to be prepared in accordance with the regulations and standards imposed by the DEP for such documents applicable at the time of the submission of the application.
(7)
Building design. A building design concept shall be considered when planning a new residential neighborhood. The design shall relate to the scale and design of the housing and streetscape features and shall contain the following elements:
(a)
Diversity in roof types and roofline offsets.
(b)
Variety of building heights not to exceed the maximum height denoted in each zoning district.
(c)
Diversity in the expanse of a building through the introduction of vertical expression at irregular intervals along the facade of buildings, through the use of pilasters, piers, columns, recessed or projecting panels, parapet walls, pent eaves, balconies or other like type vertical articulation.
(8)
Buffers and screening.
(a)
(b)
The buffer areas may be calculated as part of the common open space areas.
(9)
Open space and recreation areas. Open space and recreation shall be provided in accordance with the requirements below and designed in accordance with the Straban Township Subdivision and Land Development Ordinance.
(a)
Open space preservation. Open space preservation shall be provided in accordance with the open space preservation percentage calculation provided in each district. Where a plan proposes a cluster residential development in more than one zoning district, the more restrictive (greater) open space preservation percentage shall be applied to the entire development. In such a case, the open space may be located within the development without regard to the boundaries of the zoning districts involved.
(b)
All designated open space areas, whether in open space or recreation, buffer or resource protection areas shall be considered common open space and shall meet the maintenance and management requirements of Article VI, § 140-39, Ownership and maintenance of common open space. Golf courses may be privately owned and maintained.
(c)
A minimum of 50% of the lands designated for open space preservation shall be contiguous and shall not be bisected by streets, utilities or utility easements, or residential lots. Where common open space is designated on separate, noncontiguous parcels, no single parcel shall be less than one acre, except where designed as a green or square, as defined by this chapter. No single area or portion of an area counted toward the required open space shall be less than 60 feet in width.
(d)
Over 50% of the planned dwelling units within the entire development shall have a direct, unobstructed front or rear view of the planned common open spaces. This percentage should be stated on the plan. Such view shall be unobstructed along the entire width of a front or rear lot line. Dwelling units with the following characteristics shall count towards the minimum requirement:
[1]
Units located directly adjacent to common open space;
[2]
Units separated from common open space by an internal right-of-way (proposed as part of the development plan); or
[3]
Units separated from common open space by an easement that is no greater than 50 feet in width and that has no aboveground structures located within the line of view.
(e)
A minimum of one green, square, mini-park or neighborhood park shall be provided.
(f)
Within the required open space, active recreation shall be provided at a rate of 0.1 acre per dwelling unit, but in no case shall the active recreation area be less than one acre. Such areas shall have a maximum grade of 5%. Active recreation may be included as part of a mini-park or neighborhood park.
(g)
A trail system shall be provided within the common open space. Such trails shall be a minimum of five feet in width and shall connect to any existing or planned sidewalk and trail networks on adjacent parcels. All pedestrian trails shall be shown on a sketch to be included with the special exception application and shown on the subdivision and land development plan(s).
(h)
The recreation area requirement may be met in the form of hiker/biker trails, usable open space in accordance with Subsection B(9)(g) above, active recreation areas for playgrounds or tot lots, or a combination thereof, as defined and described in the Straban Township Subdivision and Land Development Ordinance, § 117-48. Golf courses may fulfill up to 70% of the maximum recreation and open space requirement; however, any resource protection areas within the golf course shall be counted toward the seventy-percent maximum.
(10)
Parking. Overflow parking lots shall be provided in accordance with § 140-46, Table 140-46-1, and designated on the plan. Overflow parking shall be located on-site and within 150 feet of residential units. Where more than 10 spaces are required, such spaces may be divided between at least two locations to maximize access for all residents and guests. A landscaping and screening plan is required around the perimeter of any parking lot.
C.
Dwelling unit requirements.
[Amended 10-4-2021 by Ord. No. 2021-04]
(1)
Two-family/duplex units shall meet the following requirements:
(2)
Single-family attached (townhouse) shall meet the following requirements:
(a)
A row of attached townhouses shall not exceed six dwelling units.
(b)
There shall be a minimum yard requirement between the main building and any detached garage of 20 feet.
(c)
Integral garages shall be accessed from the rear of the structure.
(d)
Shall exhibit diversity in roof types, roofline offsets, and height.
(e)
Shall exhibit diversity in the horizontal length of each unit and building through the introduction of vertical expression at intervals of no more than 35 feet along the front facade of buildings, through pilasters, piers, columns, recessed or projecting panels, parapet wall, pent eaves, balconies or other like type vertical articulation.
(f)
Minimum lot width is 25 feet for interior units and 30 feet for end units. If the townhouse structure will be commonly owned and fee-simple lots are not proposed, the minimum unit width shall be 25 feet.
(g)
The minimum building separation between strings of townhouses shall be 10 feet, unless otherwise stated in the underlying zoning district regulations.
(3)
Multifamily dwelling.
(a)
There shall be a minimum building separation of 20 feet unobstructed to provide access for emergency vehicles, unless otherwise stated in the underlying zoning district regulations.
(b)
Multiple multifamily dwelling structures shall have or share common green space, which shall conform to the requirements of §§ 140-38 and 140-39.
[1]
For multifamily dwellings containing 18 or less dwelling units per structure, such area shall be a minimum of 300 square feet of open space per dwelling unit exclusive of any required setbacks or buffer yards.
[2]
For multifamily dwellings containing 19 or more dwelling units per structure, such area shall be a minimum of 400 square feet of open space per dwelling unit, exclusive of any required setbacks or buffer yards.
[3]
All open space required under this section shall be located adjacent to the multifamily dwelling units and in a configuration that is accessible to and usable by the residents of the dwellings.
(c)
Unless otherwise specified in this chapter, each unit shall be a minimum of 750 square feet or larger. No multifamily building footprint shall have a linear face longer than 200 feet without an architectural break.
(d)
No story shall contain more than 12 multifamily dwelling units.
(e)
Off-street parking shall be located behind the plane of any primary facade.
(4)
Mixed-use buildings/live work units.
(a)
Commercial space shall be located on the first floor; residential or office space shall be located on the upper stories.
(b)
Commercial and residential entries shall be separate, but shall each face the street.
(c)
No nonresidential use shall be located on a floor above any residential use.
(d)
Each nonresidential use shall have a maximum floor area of 5,000 square feet.
D.
Halfway house.
(1)
A halfway house shall be licensed where required by an appropriate government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license shall be delivered to the Township prior to beginning the use.
(2)
A halfway house shall be directly affiliated with a parent institution or organization that shall provide full-time supervision and administration to the residents of the house.
(3)
A common cooking and eating area shall be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
(4)
The residents of the halfway house shall reside on premises.
(5)
A minimum of one off-street parking space shall be provided for every three residents of the halfway house and one parking space for each staff person on the largest shift.
(6)
Each special exception application shall be accompanied by a report describing the following:
(a)
The character of the halfway house;
(b)
The policies and goals of the halfway house, and the means proposed to accomplish those goals;
(c)
The characteristics of the residents and number of residents to be served;
(d)
The operating methods and procedures to be used; and
(e)
Any other facts relevant to the proposed operation of the halfway house.
(7)
No such use shall be established within 1,000 feet of a similar use.
(8)
Any special exception granted for the halfway house shall specify the type and number of offenders listed on the application. Any change in the type or number of residents being housed shall require a new special exception.
E.
Mobile home parks.
(2)
Area and dimensional requirements.
(a)
The minimum site area shall be 10 acres.
(b)
The total park density shall not exceed six units per acre.
(c)
Minimum lot width at the front setback line shall be 70 feet.
(d)
Minimum setbacks. The following minimum building setback (feet) requirements shall be met:
[1]
Mobile homes in parks shall be located at least 70 feet from the center line of any abutting public local street and 80 feet from the center line of any abutting public arterial or collector street.
[2]
A minimum distance of 25 feet shall be required between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a park street or common parking area or other common areas and structures.
[3]
Mobile homes shall be located at least 50 feet from any park property line and at least 10 feet from any side or rear mobile home lot line.
[4]
Mobile homes, including any additions or accessory structures attached thereto, shall be separated from each other and from other buildings by at least 20 feet on all sides.
[5]
Mobile home parks or mobile home units shall not be located within a floodplain, flood fringe or floodway zone.
(3)
All mobile home parks shall be served by public or community water and sanitary sewer system.
(4)
All mobile home units within a mobile home park shall have direct access to an interior roadway system. No unit shall front on an exterior roadway.
(5)
A traffic study shall be required for a mobile home park if 50 or more units are proposed.
(6)
Permitted uses:
(a)
Single or double-wide mobile home units.
(b)
Convenience businesses, including grocery, deli, ice cream shop, lottery, laundry, dry cleaning (pickup, but not processing), newsstand, mail service and/or video rental businesses.
(c)
Private swimming pool.
(d)
Private recreational playground.
(e)
Mail distribution area/building.
F.
Residential conversions.
(1)
For existing residential buildings, no structural alteration of the building exterior shall be made which would alter the residential appearance of the building, except as necessary for purposes of safety. Fire escapes shall not be located on a primary facade.
(2)
Conversions to dwelling units shall be allowed in accordance with the following:
(a)
In the R-R and R-1 Districts, nonresidential buildings may be converted to a maximum of two dwelling units. Such conversion shall only be permitted on lots with a minimum area of two acres.
(b)
In the R-2, MU-1, MU-2 and EC-1 Districts, single-family detached residential dwellings and nonresidential buildings may be converted to a maximum of three dwelling units.
(3)
Such conversion shall be authorized generally for large buildings that have little economic usefulness as a single-family detached dwelling or for other conforming uses erected prior to the effective date of this chapter.
G.
Small planned community.
(1)
Purpose. The purpose of permitting smaller planned residential communities is to establish new, uniquely planned neighborhoods that are designed to link to existing recreational spaces, preserved open spaces, neighborhood commercial centers, community centers and any other common public spaces within or adjacent to the proposed neighborhood.
(2)
Small planned community shall be permitted by special exception in the R-2, MU-1 and MU-2 districts. Where the provisions herein conflict with those of the underlying zoning district, these standards shall supersede; otherwise provisions of the underlying district shall apply.
(3)
Development size: 25 units or greater.
(5)
Design standards.
(a)
Nonresidential uses.
[1]
Nonresidential uses shall be limited to properties located on a corner at an intersection location with four corner lots.
[2]
Parking areas shall be located in the rear or side yards [see Article III, § 140-12E(1) and (2)], with no spaces located between the plane of the building's primary facade and the street right-of-way(s).
[3]
Approved on-street parking located immediately adjacent to the nonresidential use may be used as part of the parking space calculations.
[4]
Nonresidential structures shall have the following dimensional requirements:
[a]
Minimum front setback: 15 feet;
[b]
Minimum rear setback: 30 feet;
[c]
Minimum side yard setback: 15 feet;
[d]
Minimum height of 20 feet or two stories;
[e]
Maximum height regulations per the underlying zoning district; and
[f]
Maximum permitted impervious coverage for a nonresidential/mixed-use lot shall be 60%.
[5]
Architectural concepts for street and building design of the commercial storefronts shall be provided to the Township Planning Commission and Board of Supervisors. Design concepts shall comply with the following:
[a]
Primary entrances must be located on a primary facade. Service entrances shall be located to the rear of the building.
[b]
Buildings located on a corner and having two primary facades shall be designed with architectural elements, including bays, windows, door(s) and cornice, on each facade.
[c]
Adjacent buildings shall have diversity in roof types and roofline offsets, within the maximum permitted height of the underlying district.
[d]
Adjacent nonresidential buildings shall be designed to appear as different buildings built over time. The maximum building length permitted to look like one building is 24 feet.
[e]
Buildings shall display vertical elements at irregular intervals along the facade of buildings, through the use of pilasters, piers, columns, recessed or projecting panels, parapet walls, pent eaves, balconies or other like type elements.
[f]
Buildings shall be designed with a first floor commercial storefront where a minimum of 60% of the primary facade is comprised of window area. A clear distinction between the first floor storefront and the upper stories shall be provided through architectural details such as a cornice.
[6]
Nonresidential structure shall not exceed 10,000 square feet in floor area.
[7]
Nonresidential uses are strongly encouraged to be located within live-work units and mixed-use buildings.
(6)
(7)
Open space. The open space requirement for the total land area of the plan shall follow appropriate district requirements.
H.
Town center use.
(1)
Purpose. The purpose and intent of the town center use is to:
(a)
Encourage innovative, residential/mixed-use development so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space.
(b)
Provide for densely linked uses and the preservation of Straban Township's outlying open spaces.
(c)
Create design solutions that address natural resource conservation, traffic circulation, attractive buildings and common green spaces, that will ultimately protect the public health, safety and property values.
(d)
Preserve the remaining rural, historic and agricultural character of the community by directing new development to appropriate locations.
(e)
Promote land development practices which are an alternative to conventional modern use-segregated developments, such as large-lot suburban subdivisions and strip commercial centers.
(f)
Encourage developments with a mix of residential dwelling types, a range of lot areas, mixed-use structures with offices and/or apartments (above ground level) and retail and/or commercial uses.
(2)
Applicability of section.
(a)
Town center use developments shall be permitted by special exception.
(b)
The standards, requirements and provisions of this Subsection H shall supersede all other requirements, standards and provisions of this chapter and all provisions of the Subdivision and Land Development Ordinance[5] that are inconsistent with the standards, requirements and provisions set forth in this section.
(3)
Town center development location. A minimum of 15% of the gross site area that is to be developed as a town center development shall be located adjacent to or within 1,500 feet of an intersection of U.S. Route 30 and/or U.S. Route 15. A town center development is prohibited on or adjacent to the Old Harrisburg Road/Business Route 15.
(4)
Minimum gross site area. The gross site area of a town center development shall be no less than 75 acres.
(5)
Permitted uses.
(a)
Permitted dwelling types. A town center development shall include one or more types of residential dwelling types, including but not limited to apartments, single-family detached dwellings, single-family semidetached dwellings, single-family attached (townhouse) dwellings, two-family dwellings, stacked townhouse dwellings, and multiplex buildings.
(b)
Mixed-use buildings/live-work units.
(c)
Permitted nonresidential uses. The following nonresidential uses in accordance with all provisions of this Article IV, Use Regulations, shall be permitted in a town center development:
[1]
Personal service businesses.
[2]
Retail stores and businesses.
[3]
Professional offices.
[4]
Medical or dental offices.
[5]
Places of worship.
[6]
Restaurants, except drive-through facilities.
[7]
Public and semipublic uses, including parks, playgrounds, common areas, government centers, community centers and facilities, and libraries.
[8]
Educational institutions.
[9]
Hotel, motel and other transient lodging places.
[10]
Day-care center.
[11]
Financial institutions.
[12]
Health clubs.
[13]
Farmers market.
[14]
Other commercial uses permitted in the underlying district, except for vehicle fueling stations, sales or repair/wash.
(6)
Mix of uses, density and dimensional standards.
(a)
Nonresidential uses.
[1]
The maximum floor area of the ground floor of any commercial building shall be 20,000 square feet, except that a grocery store shall comply with § 140-19J.
[2]
Nonresidential uses in a town center shall include at least three of the following uses: school or municipal use (other than open space), retail/personal service business, restaurant or office.
(c)
Design standards.
[1]
Nonresidential buildings shall front a street or square and provide for a nonresidential use on the ground floor. Nonresidential and residential uses in such buildings shall comply with the regulations for a mixed-use building in Subsection C.
[2]
Nonresidential buildings shall be oriented towards the street or public realm.
[3]
Vehicle storage areas and service areas for garbage and mechanical equipment shall be located away from the street.
[4]
Off-street parking areas for nonresidential buildings shall be located away from the street and shall be shared by multiple uses.
[5]
For nonresidential and mixed (i.e., residential and nonresidential) use blocks, all commercial or mixed-use buildings on such blocks shall be constructed a maximum of 15 feet from the adjoining street curb for at least 60% of the street frontage of such block. Buildings located at corners are exempt from this requirement if a pedestrian-oriented corner treatment is provided, such as a square or green with landscaping and pedestrian amenities.
[6]
The maximum length for nonresidential and mixed (i.e., residential and nonresidential) use blocks shall be 600 feet.
[7]
Exterior lighting of the front facades of nonresidential and mixed (i.e., residential and nonresidential) use buildings shall be mounted between six and 14 feet above grade.
[8]
All lots with alleys shall have a lighting fixture within five feet of the alley right-of-way. This fixture shall illuminate the alley, shall be between eight and 14 feet in height above grade and shall not cause glare on adjacent lots.
(d)
Architectural standards.
[1]
Primary facades greater than 24 feet in length shall be designed with discernible architectural elements, such as bay windows, recessed entrances, windows, arcades, balconies, cornices, piers, pilasters, columns or other architectural details or articulation combined with changes in materials to provide visual interest and pedestrian scale. A variety of building designs, rooflines or facade treatments shall be provided.
[2]
Exterior wall materials shall be consistent horizontally (i.e., joints between different materials shall be horizontal and continue around corners) except for chimneys and piers.
[3]
Primary entrances must be located on a primary facade. Service entrances shall be located to the rear of the building.
[4]
Buildings located on a corner and having two primary facades shall be designed with architectural elements, including bays, windows, door(s) and cornice, on each facade. Elevation views of the primary facades shall be submitted in the land development plan set.
[5]
Adjacent buildings shall have diversity in roof types and roofline offsets, within the maximum permitted height of the underlying district.
[6]
Buildings shall display vertical elements at irregular intervals along the facade of buildings, through the use of pilasters, piers, columns, recessed or projecting panels, parapet walls, pent eaves, balconies or other like type elements.
[7]
Retail buildings shall be designed with a first floor commercial storefront where a minimum of 60% of the primary facade is comprised of window area. A clear distinction between the first floor storefront and the upper stories shall be provided through architectural details such as a cornice.
(7)
Open space.
(c)
At least one green or square shall be located at a major street intersection in the predominantly nonresidential area and shall be bound by buildings on at least two sides.
(d)
Active recreation as required in Subsection B(9) shall be provided in a town center use. Such active recreation shall count toward the usable open space requirement.
(e)
A continuous pedestrian system consisting of trails and/or sidewalks shall be provided to connect required open spaces and connect to any existing or planned sidewalks and/or trail networks on adjacent parcels.
(8)
Streetscape standards.
(a)
Street trees shall be provided along all streets to enhance and soften building facades, create street character and provide shade for pedestrian street-level activity. Street trees shall be spaced between 30 and 40 feet apart on center, but no more than 60 feet apart where spacing allowances are needed to accommodate fire hydrants, utility vaults and other infrastructure. Street trees along commercial portions of streets shall be a minimum of three-inch caliper in size, planted in tree grates, limbed up to seven feet above finished grade and shall be large, broad, spreading, open-canopy trees at maturity. Street trees along residential streets shall be a minimum of three-inch caliper in size, planted in a minimum six-foot-wide landscape strip, limbed up to six feet above finished grade and shall be large, canopy trees at maturity.
(b)
Streetlights shall be installed on both sides of streets approximately parallel with the street trees along the sidewalk and at no more than one-hundred-foot intervals measured parallel to the street. At the time of development, the developer shall be responsible for installing streetlights only on the side of the street that is being developed. Streetlights shall consist of metal halide or mercury vapor lights. All streetlights shall have a minimum height of 14 feet and a maximum height of 16 feet.
(c)
All sidewalks located along portions of streets that predominantly contain nonresidential uses shall be installed using decorative paving materials such as brick, precast pavers, Belgian block, granite pavers or other decorative material. Samples of proposed paving materials shall be submitted with the land development plan for review and approval by the Board of Supervisors. Such sidewalks shall be a minimum of eight feet in width from the street curb along nonresidential and mixed-use blocks and five feet in width for residential blocks.
(d)
Streetscape elements, such as paving, street furniture, street trees and streetlighting, shall be consistent along portions of streets that predominantly contain nonresidential uses. Adjacent residential streets shall be designed utilizing the similar streetscape elements.
(e)
It is recommended that the primary facades of nonresidential and mixed (i.e., residential and nonresidential) use buildings display planters or window boxes with seasonal flowering plants along the streetscape.
(9)
Perimeter buffer and landscaping.
(a)
Town center development shall provide a perimeter buffer with a minimum of 25 feet in width.
(10)
(Reserved)
(12)
Off-street parking and loading.
(a)
Off-street parking and loading shall be in accordance with Article VII. The minimum number of off-street parking spaces that are required shall be the number of spaces set forth in Table 140-46-1 of this chapter.[7] Handicap accessible parking spaces shall be provided in accordance with § 140-49A(6) of this chapter. Joint parking facilities may be utilized in accordance with § 140-48 of this chapter.
(b)
Off-street loading spaces shall be provided in accordance with § 140-52. In connection with submission of a land development plan for a town center development, the developer shall demonstrate how trucks or other delivery vehicles will enter and leave loading areas.
(c)
Such off-street parking and loading requirements may be modified by special exception in accordance with Subsection H(2)(c) of this section. In connection with such a request, the applicant shall provide a parking study or other satisfactory documentation that demonstrates the reduced need for parking or loading.
(d)
All parking areas shall be landscaped and screened from public view by using masonry walls or decorative fencing in combination with appropriate landscaping. Such walls shall be between 30 inches and 48 inches in height.
(13)
Plan requirements. As part of the submission of a special exception application to the Zoning Hearing Board for a town center development, the applicant shall provide the following development planning information:
(a)
A description of the materials, color and texture of the major building materials that are proposed to be utilized for nonresidential uses in the town center development.
(b)
Exterior wall elevations of the proposed nonresidential structures.
(c)
Drawings showing the location, size and species of all plantings, fences and walls, and identification of existing and proposed vegetation.
(d)
Drawings showing the location of all underground infrastructure and utilities and easements.
(e)
Description of uses and calculation of parking requirements, including on-street, off-street and shared parking solutions.
(14)
Pedestrian and vehicular circulation. Nonresidential and residential areas of the town center development shall be linked through sidewalks or other pedestrian walkways. Direct pedestrian access shall be provided to the principal entrance of each principal building. Vehicular and pedestrian points of connection shall be planned with adjacent neighborhoods.
§ 140-16 Agricultural uses.
A.
Agribusiness operation.
(1)
Minimum lot area shall be a minimum of 10 acres.
(2)
Structures housing the agribusiness shall meet the following minimum setback requirements:
(4)
Maximum lot coverage shall not exceed 25%.
(5)
Prior to the special exception hearing, applicants who are required to have a nutrient management plan in accordance with the Nutrient Management Act, 3 P.S. § 1701 et seq., shall demonstrate that such plan has been prepared and submitted to the Adams County Conservation District for review. No certificate of occupancy shall be issued until such plan has received the approval of the Conservation District.
(6)
A water supply feasibility report shall be prepared to demonstrate that sufficient water resources are available to serve the proposed use. The report shall assess any water quality and water quantity impacts for all public and private wells within 0.5 mile of the proposed agribusiness operation. The report shall be prepared by a licensed hydrogeologist.
(7)
The applicant shall demonstrate to the satisfaction of the decision-making body that its methods of disposing of dead animals are in strict compliance with applicable standards established by the Pennsylvania Department of Environmental Protection. Larger animals shall be kept in a manner so as to minimize the spread of odors and disease.
B.
C.
Riding schools and/or horse boarding stable.
(1)
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.
(2)
All stables shall be maintained so to minimize odors perceptible at the property line.
(3)
All indoor training or show facilities or areas shall be set back 100 feet from all property lines.
(4)
All outdoor training, show, riding or boarding areas shall be enclosed by a minimum four-foot-high fence, which will be located at least 10 feet from all property lines.
(5)
All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall be marked to delineate occasional parking facilities.
§ 140-17 Recreational uses.
A.
Campgrounds and facilities.
(1)
A minimum of 15 acres shall be required for any campground use. A maximum impervious coverage of 25% shall be maintained.
(2)
All buildings, structures, parking areas and campsites shall be located at least 75 feet from any side or rear property line and at least 100 feet from any public street right-of-way line.
(3)
Each campsite shall be at least 1,000 square feet in size and shall either provide parking space for one automobile, which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
(5)
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
(6)
All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property.
(7)
Accessory retail or service commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels used for residential purposes.
(8)
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or major collector roadway as defined in the Straban Comprehensive Plan.
(9)
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
(10)
During normal business hours, every campground shall have an office staffed by a person responsible for the operation of the campground.
(11)
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
B.
Commercial outdoor recreation.
(1)
Sufficient screening and/or landscaping in accordance with the Straban Township Subdivision and Land Development Ordinance shall be provided to mitigate visual and/or audible impacts on adjoining properties.
(2)
The applicant shall present evidence that the proposed use will not be detrimental to the use of adjoining properties as a result of, but not limited to, hours of operation, noise, light, litter, dust, pollution and traffic congestion.
(3)
Required off-street parking will be determined upon the types of activities proposed and the schedule listed in Article VII, Off-Street Parking and Loading.
(a)
The Zoning Hearing Board may require a suitable pervious overflow parking area to be provided for peak-use periods.
(b)
Overflow parking areas shall be accessible only from interior driveways.
(c)
Overflow parking shall contain screening and/or fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
(4)
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods.
(5)
Any outside pedestrian waiting lines shall be provided with a means of shade.
C.
Golf courses.
(1)
The minimum lot area shall be not less than 45 acres for a par three eighteen-hole course; 60 acres for a nine-hole or executive golf course; and 100 acres for a regulation size eighteen-hole golf course.
(2)
The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway or parking lot. In addition, the golf course design shall minimize the cart path crossing of streets.
(3)
(4)
Any points where the golf course crosses a road shall have a sign warning motorists and pedestrians of the hazard(s).
(5)
No outdoor storage of golf carts or maintenance equipment shall be permitted.
D.
Outdoor trap, skeet, rifle, pistol or archery range. Regulatory requirements vary depending upon facility/business ownership for the uses permitted under Subsection D. The two types of ownership include private and municipally owned.
(1)
Municipally owned.
(a)
Minimum lot area: 25 acres.
(b)
Minimum lot width: 300 feet.
(c)
The special exception application shall comply with the National Rifle Association (NRA) guidelines for various types of ranges (NRA Range Development Manual). Any range shall be covered or baffled, shall have the required range area and shot fall zone, and shall be built in accordance with the NRA Range Development Manual or NRA-approved guidelines. Adjacent areas shall be predominantly undeveloped by commercial and/or residential development.
(d)
An earthen background berm shall be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements:
[1]
The berm shall have a slope of not less than one vertical foot to two horizontal feet and shall extend at least eight feet above the ground level of the highest target.
[2]
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in depth as measured between the wall of the berm facing the range and the opposite wall.
[3]
Four-foot earthen side berms shall be provided immediately adjacent to the range and shall extend from the firing line to the background berm.
(e)
Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.
(f)
Warning signs shall be posted at least 10 feet from the outside of the berm of sufficient size to be read outside the shot fall zone.
(g)
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
(h)
Adult supervision shall be provided for children less than 16 years of age.
(i)
Operations after sunset, but no later than 9:00 p.m. local time, are permitted up to four times per month, but only when required for the training and/or qualification of law enforcement and security personnel employed in the Township, county and/or state, or assigned duties that include support to law enforcement or security operations conducted by the Township, county and/or state.
(2)
Municipally owned, private law enforcement range:
[Amended 1-5-2015 by Ord. No. 2015-03]
(a)
Minimum lot area: three acres.
(b)
Minimum lot width: 250 feet.
(c)
The special exception application must demonstrate consultation with an appropriate range development, planning, and design manual, which may include those published by the National Sports Shooting Foundation (NSSF), the National Rifle Association (NRA), or using any state or federal law enforcement agency design standards.
(d)
The shooting range must be operated so that the impact upon adjacent landowners and adjacent permitted uses shall be minimal, and such operation shall not unduly interfere in the use of those properties. Adjacent areas must be predominantly undeveloped by commercial and or residential development.
(e)
Earthen berms must surround the shooting range on three sides, with a backstop berm behind the target line and side berms on either side of the range. Berms shall be constructed of compacted soil or clay. Sand, or soil with a large component of sand, shall not be used. Rock, crushed rock, crushed concrete or similar materials may be used as a substrata of the berms, provided they are compacted, and any such material is covered by a layer of soil at least 18 inches in depth.
(f)
The earthen backstop berm must be within 20 feet of the furthest target, that being the one most distant from the place where shots are fired, so as to capture and prevent wild or ricocheting bullets.
(g)
Berms shall be designed and constructed as follows:
[1]
All berms shall have a slope of not less than one vertical foot to one horizontal foot.
[2]
The crest of all berms shall be at least four feet in depth as measured between the wall of the berm facing the range and the opposite wall.
[3]
The backstop or impact berm must extend at least 20 feet vertically above the ground level and have a vertical height separation of not less than 15 feet above the highest target and the top of the backstop berm.
[4]
Earthen side berms must be provided immediately adjacent to the range and shall extend from immediately behind the firing line to the backstop berm. The side berms shall extend at least 12 feet vertically above ground level.
[5]
The elevation of the firing line and the base of all berms shall be the same.
(h)
If any conflicts exist between the berm dimensions contained herein and those provided for in the design standards or expert's opinion, then the more stringent standards shall apply.
(i)
Only targets mounted on target posts or target mounts shall be permitted. No targets of any kind shall be set directly on the ground.
(j)
Periodic warning signs must be posted at least 10 feet from the outside of the berms, at periodic intervals of no more than 100 feet. Signs must be placed no more than 50 feet from the berms and firing line, and shall be visible for anyone approaching the range from any direction (360°). In addition, a red range flag at least four square feet in size shall be flown at the range on a flagpole whenever the range is in use. The flag shall be flown at least 15 feet in vertical height above the backstop, so as to be visible to persons approaching the range.
(k)
The firing range shall be free of all hard surface materials and be adequately drained.
(l)
The range may only be operated when under the on-site supervision of a qualified range supervisor, who must carry proof of completion of a course of study or training leading to written designation as a range supervisor for that police force.
(m)
Signs must also be placed on the range with the name of a contact person and a phone number in case of emergencies or operational difficulties. The adjoining property owners shall also be supplied with this information, which shall be kept current.
(n)
Operations after sunset, but no later than 9:00 p.m. local time, are permitted up to four times per month, but only when required for the training and/or qualification of law enforcement and security personnel. Operation shall not occur at any time during Memorial Day, July 4, Labor Day, or any other recognized federal or county holiday. Operation of the range shall not occur on Sunday, unless it is necessary for the qualification or training of personnel where such qualification or training must occur as soon as possible, and such training or qualification cannot occur during other days of the week due to scheduling challenges. In any case where the range must be operated on Sunday, it shall only be operated between the hours of 1:00 p.m. and 5:00 p.m.
(o)
Use shall be restricted to persons carrying out law enforcement or governmental security responsibilities within the geographic boundaries of Adams County, except that law enforcement or government security personnel from regional jurisdictions may use the range when those persons are participating in a law enforcement class, formal program, or course of instruction for Adams County law enforcement or government security personnel. The phrase "persons carrying out law enforcement or governmental security responsibilities" as used in this section includes retired law enforcement personnel that are included within the definition of "qualified retired law enforcement officer" as defined in the Law Enforcement Officer Safety Act of 2004, Public Law 108-277, codified at 18 U.S.C. §§ 921, 926B and 926C.
(p)
The owner and/or operator of the range must develop range operation guidelines that shall be provided to the Township for its information. These shall be in effect prior to range operation. These guidelines shall include required emergency response procedures. Any modification of guidelines shall be provided to the Township prior to effecting such change.
(q)
The range shall be designed and managed to ensure the periodic recapture of lead bullets or shot so as to minimize any impacts upon the environment.
(r)
Ancillary structures to be used for the storage of range equipment and for range management activities may be included in this use, provided that any structure does not exceed 500 square feet in size, is securely locked when the range is not in use, and is not used for the storage of firearms, ammunition, or any explosive or combustible material.
(3)
Privately owned.
(a)
Minimum lot area: 50 acres.
(b)
Minimum lot width: 300 feet.
(c)
The special exception application shall show that shot fall zone is in accordance with the National Rifle Association (NRA) guidelines for various types of ranges (NRA Range Development Manual). Adjacent areas shall be predominantly undeveloped and the range area shall be at least 1,000 feet from any property or street right-of-way line or in accordance with the shot fall zone and the guidelines of the NRA.
(d)
An earthen background berm shall be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements:
[1]
The berm shall have a slope of not less than one vertical foot to two horizontal feet and shall extend at least eight feet above the ground level of the highest target.
[2]
The crest of the berm at the eight-foot minimum height limit shall be at least four feet in depth as measured between the wall of the berm facing the range and the opposite wall.
[3]
Four-foot earthen side berms shall be provided immediately adjacent to the range and shall extend from the firing line to the background berm.
(e)
Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.
(f)
Warning signs shall be posted at least 10 feet from the outside of the berm of sufficient size to be read outside the shot fall zone.
(g)
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
(h)
Adult supervision shall be provided for children under 16 years of age.
(i)
Hours of operation shall be limited for trap, skeet, rifle and pistol ranges to daylight hours, Monday through Saturday, with no Sunday operations.
§ 140-18 Institutional uses.
B.
Hospital/medical center.
(1)
Minimum lot area: 10 acres.
(2)
Public sewer and water shall be required.
(3)
Emergency entrances shall be located on a building wall facing away from adjoining residential uses or zoned property.
(4)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.
(5)
A traffic circulation plan is required.
(6)
Proposed use must take access from an arterial or collector road.
C.
Nursing/assisted-living homes. The land area needed for a nursing or assisted-living home shall in no event be less than one acre. A minimum of 2,000 square feet of floor area for each patient and/or resident, whichever is greater, is required for any nursing and/or assisted-living structure.
D.
Places of worship.
(1)
The following uses shall be permitted accessory uses to a place of worship and shall be conducted upon the same lot:
(b)
Preschools;
(c)
Administrative and counseling offices;
(d)
Cemeteries; and
(e)
Therapeutic learning centers, in the form of a riding area offering therapy involving horses or other similar large animals (not to be boarded or kept on the site) to provide assistance and help to people with special needs only.
[Added 6-7-2010 by Ord. No. 2010-01]
(2)
Other activities shall be considered principal uses and permitted only if the district in which such use is proposed so permits.
(3)
Such use shall take access from a collector or arterial street.
(4)
Minimum lot area: one acre.
§ 140-19 Commercial uses.
A.
Adult businesses.
(1)
The lot of such business shall not be located within 500 feet of any residence, residential use or residential zoning district.
(2)
The lot of such business shall not be located within 1,000 feet of any religious structure, public recreation facility, school facility, day-care center or public library.
(3)
The lot of such business shall not be located within 1,000 feet of another adult business.
(4)
No material, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure or so that it can be seen from the exterior of the building.
(a)
Any building or structure used and occupied as an adult business shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed.
(b)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
(5)
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult facility and persons under the age of 18 are not allowed to enter.
(6)
No unlawful sexual activity or conduct shall be performed or permitted.
B.
Businesses with drive-through facilities.
(1)
A site circulation plan shall be devised that separates those vehicles utilizing drive-through service from patrons utilizing indoor facilities. The plan shall include the following information:
(2)
Drive-through lanes shall accommodate a minimum of eight vehicles waiting to utilize the drive-through service and shall be situated to prevent vehicles from queuing onto adjoining roadways.
(3)
All drive-through window lanes shall be clearly marked and separated from the parking lot's interior parking aisles and accessways.
(4)
Exterior microphone/speaker system shall be arranged or screened to prevent objectionable noise impact on adjoining properties.
(5)
A drive-through facility, including teller windows and intercom, and the driveway shall be located along the side or rear faces of the building. In the event of a corner lot, the drive-through facility shall be permitted along the face of the building fronting the street with a lower functional roadway classification within the Straban Township Comprehensive Plan or lower classification according to the Straban Township Engineer.
[Amended 12-5-2016 by Ord. No. 2016-02]
C.
Commercial greenhouse or nursery.
D.
Commercial kennels.
(1)
All kennels shall be licensed by the Commonwealth of Pennsylvania and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Part II, Chapter 21, entitled, "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended.
(2)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines. Animals shall be allowed in outside runs during daylight hours only.
(3)
Animal wastes shall be cleaned up and properly disposed of daily.
(4)
A buffer yard/screen planting of at least 50 feet shall be maintained along all property lines abutting a residential use or district in accordance with the Straban Township Subdivision and Land Development Ordinance.
D.1.
Contractor headquarters.
[Added 4-2-2011 by Ord. No. 2011-02]
(1)
Minimum lot area: one acre, except in the EC-2 Zoning District the minimum area shall be two acres.
(2)
Maximum lot area: 10 acres in the EC-1 Zoning District.
(3)
Minimum required lot width: 250 feet on any street type.
(4)
Minimum required setbacks, height, and lot coverage: in conformance with the underlying district criteria.
(5)
In the EC-1 Zoning District, no garage doors or other large service doors shall face the street in front of the building.
(6)
In the EC-1 District, there shall be no type of storage, loading zones, or other non-open space use in the front yard.
(7)
In the EC-1 District, all parking shall be located behind the front building line of the principal building.
(8)
Refuse containers and storage of refuse materials shall be screened from view from the public street
(9)
In the event of a conflict between any of the requirements in Subsection D.1(5) through (9) above with any other provisions of this chapter, the more restrictive provision shall control. Subsection D.1(1) through (3) shall be deemed to supersede any conflicting dimensional requirement imposed in the EC-1 or EC-2 District.
E.
Convenience stores including fuel sales and vehicle fueling stations.
(1)
A site circulation plan shall be devised that separates those patrons awaiting fueling service from those patrons awaiting other services. The plan shall include the following information:
(2)
Parking shall not be permitted between the main entrance of the store and the refueling bays.
(4)
Minimum width at the building setback line shall be 250 feet.
(5)
A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines abutting a residential use.
F.
Cottage industry.
(1)
Cottage industry shall include but not be limited to the following uses, provided that the standards of this section are met:
(2)
The cottage industry shall be conducted completely within the dwelling unit or an accessory structure.
(3)
There shall be no exterior storage of materials such as equipment, vehicles or other supplies to be used in conjunction with the cottage industry.
(4)
Not more than 35% of the habitable floor area of the dwelling unit, or attached accessory structures, shall be utilized for the cottage industry. Attached structures, including garages and/or detached accessory structures, may be used for the cottage industry.
(5)
Articles sold or offered for sale shall be limited to those produced on the premises, sold as part of a home party sales operation, or for a licensed distributorship conducted by the resident.
(6)
Except as provided in Subsection F(9) below, there shall be no exterior indications of the cottage industry or variation of the residential character of the main building.
(7)
The cottage industry shall not cause any external impact, such as increased noise, excessive light or offensive odor.
(8)
The cottage industry is to be conducted only by members of the family residing in the dwelling unit plus no more than two nonresident assistants or employees.
(9)
One unanimated, nonilluminated flat sign having an area of not more than four square feet shall be permitted for each street front of the lot.
(10)
A cottage industry including studios or rooms for instruction shall provide all necessary parking off street.
G.
Day-care center.
(1)
Minimum lot area: one acre.
(2)
Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance.
(3)
Outdoor play area shall be provided for child day-care centers meeting the following requirements. Outdoor area is not required for adult centers.
(4)
Passenger dropoff and pickup areas shall be provided on site.
I.
J.
Grocery store.
(1)
The following area and dimensional regulations shall be met:
(a)
A minimum lot area: three acres.
(b)
Maximum impervious ground coverage of the lot: 65%.
(c)
All buildings and structures shall be set back 15 feet from the street curb and 25 feet from any side or rear property line or street right-of-way line.
(d)
Maximum building size is 65,000 square feet, except when having direct access to U.S. Route 30, where the maximum floor area shall be 75,000.
(e)
If the grocery store is located in the MU-1, MU-2, small planned community use, age-qualified housing use and/or town center use, the grocery store shall be placed within 20 feet of the interior edge of the front sidewalk.
(3)
The lot shall have direct access to an arterial roadway (as designated in the Straban Township Comprehensive Plan) or to a street that intersects an arterial roadway, provided that such intersection with the arterial roadway is located within 750 feet of the lot.
K.
Retail warehouse outlet/wholesale facilities.
(1)
The use shall have direct access to an arterial roadway as designated in the Straban Township Comprehensive Plan.
(2)
The minimum lot area: 10 acres.
(3)
The minimum lot width: 500 feet.
(4)
Buffer yard requirements. A buffer yard at least 50 feet wide shall be provided where the site adjoins a residential use or zone.
(5)
A traffic study shall be required and reviewed for on- and off-site transportation improvements and reviewed by the retained Straban Township Engineer.
L.
Shopping centers.
(2)
Buffer yard requirements. A buffer yard at least 50 feet wide shall be provided where the site adjoins a residential use or zone.
(3)
A shopping center shall be under unified management, which shall clearly establish centralized responsibility for the operation and maintenance of the project including all common areas.
(4)
The planned shopping center shall be designed in accordance with a unified architectural theme. Similar and complementary building dimensions, materials and rooflines shall be designed for all proposed uses within the planned shopping center.
(5)
Access.
(a)
Shopping centers with less than 25 acres shall be limited to one access point; and shopping centers of 25 acres or greater may have two access points. These accesses shall include ingress and egress and shall provide for full movement of traffic. There shall be no access points that are restricted only to right-in or right-out, either individually or combined. No access points shall be located within 100 feet of intersecting streets, unless such points are located directly at an intersection. The design of the shopping center shall provide for internal traffic patterns/circulation that minimizes the number of access points provided.
(b)
Retail warehouse outlet/wholesale facilities need not have direct access to an arterial road if they are located within a shopping center that complies with all the requirements for access.
(6)
A site plan shall be submitted to the Zoning Hearing Board and shall include the following information:
(7)
A traffic study shall be prepared and presented at the hearing held by the Zoning Hearing Board on the application for a special exception. The traffic study must be submitted with the application and a copy shall be immediately forwarded by the applicant to the engineer selected by the Township to review the study.
(8)
Any refuse or disposal collection area(s) shall be located to the rear or side of the lot and screened from view. One central collection area shall be provided for all users in each building.
(10)
Covered pedestrian walkways shall be provided along the fronts of buildings with multiple tenants.
(11)
All regulations contained in this Article IV pertaining to particular uses shall apply to such uses when contained within a shopping center. For example, a bank with drive-through facilities that is to be part of a shopping center must also meet all of the requirements pertaining to businesses with drive-through facilities (see § 140-19B for drive-through requirements).
[Added 6-7-2010 by Ord. No. 2010-01]
M.
N.
O.
Vehicle sales, service, repair and body shop.
(1)
No vehicle sales, service, repair and body shop shall be located within 100 feet of any residence or residentially zoned lands.
(2)
All service and/or repair activities shall be conducted within a wholly enclosed building.
(3)
All exterior storage areas shall be screened from view of any adjoining residential or mixed-use district or use.
(4)
If gasoline pumps are to be installed, all special exception requirements for a vehicle fueling station shall be satisfied.
(5)
Any use involving the generation of waste grease and/or oil shall be required to install traps to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by applicable state and/or federal regulations.
(6)
No unenclosed outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7)
Satisfactory provision shall be made to minimize harmful or unpleasant effects such as noise, odors, fumes, glare, vibration and smoke.
(8)
Vehicles for repair shall remain no longer than 60 days from the date of arrival.
(9)
The demolition or storage of junked vehicles is prohibited.
(10)
Where such use abuts a residential use or district, a minimum twenty-five-foot buffer designed in accordance with the Straban Township Subdivision and Land Development Ordinance shall be provided.
P.
Vehicle washing facility.
(1)
All structures housing washing apparatus shall be set back at least 50 feet from any street right-of-way line and 25 feet from any property line.
(2)
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.
(3)
Stacking lanes shall accommodate a minimum of eight vehicles waiting to utilize the washing facility and shall be situated to prevent vehicles from queuing onto adjoining roadways.
(4)
Public water and sewer shall be required.
Q.
Veterinarian facilities and animal hospitals.
(1)
The primary use shall be the medical attention and professional care of small domestic animals.
(2)
Boarding is permitted. All boarding facilities shall be within a completely enclosed structure.
(3)
All outside runs shall be located at least 200 feet from all lot lines. Animals shall be allowed in outside runs during daylight hours only.
(4)
The accumulation and storage of manure or other odor-producing substances shall not be permitted.
(5)
Emergency entrances shall be located on a building wall facing away from adjoining residential uses or residentially zoned property.
(6)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.
R.
Commerce/business/industrial park.
(1)
Such uses are permitted when approved by the Zoning Hearing Board as a special exception. As part of the special exception application the following information and regulations are required.
(2)
Commerce/business park accessory uses.
(a)
The following accessory uses are permitted:
[1]
Retail establishments serving the needs of businesses or light industrial uses, including but not limited to pharmacies, coffee shops, restaurants (excluding all drive-through service establishments) and newsstands, excluding adult businesses.
[2]
Nonretail uses shall include but not be limited to professional offices for financial, travel or other consulting services, fitness centers, day-care centers, restaurants, copy-fax or printing services, and dry cleaner/tailor (excluding laundromats), excluding adult businesses and drive-through service except drive-through banking institutions.
[3]
Hotels.
(b)
The commerce/business park accessory uses shall meet the following minimum standards in addition to standards set forth in this article for specific uses:
[1]
The use(s) shall be oriented to the interior of the development and shall be visually screened from view of the abutting right-of-way.
[2]
External identification signs shall not be permitted except where directories or kiosks list all uses within a development.
[3]
Except for day-care centers, fitness centers and hotels, which may occupy a freestanding structure, approved special exception uses shall be limited to no more than 25% of the ground floor area of a principal building.
[4]
Additional parking, buffering or landscaping may be required by the Zoning Hearing Board when warranted.
(c)
Access.
[1]
Access shall be via any arterial road as identified in the Straban Township Comprehensive Plan.
[2]
Truck traffic going to and from the industrial park shall be permitted on nonresidential streets only.
[3]
Traffic entrances and exits shall be located 300 feet from residential uses to minimize truck traffic noise and vibration.
(d)
A traffic study shall be required and reviewed for on- and off-site transportation improvements and reviewed by the retained Straban Township Engineer.
(e)
Minimum site area: 15 acres.
(f)
Minimum site width: 400 feet.
(g)
Individual lots within the park shall have minimum setbacks as required for other uses in the EC-1 and EC-2 districts. Additional setback requirements shall be provided as follows:
(h)
Maximum lot coverage shall be 50%.
(i)
Appearance. To the extent possible, the appearance should be harmonious with adjoining properties. These features include but are not limited to landscaping; enclosure of principal and accessory uses; heights; consistent signage and lighting; structural density and architecture. Each building within the commerce/business/industrial park shall be architecturally different in design.
(j)
An infrastructure plan showing the adequate supply of water and sewer shall be required at the time of subdivision and land development.
(k)
All site requirements set forth in § 140-13 shall be met in addition to all utility lines being placed underground.
(l)
Landscaping.
[1]
Each structure and its parking or service area shall be separated from the adjoining public highway or street right-of-way by a curb and planting area, with a planting width of no less than five feet.
[2]
A ten-foot-minimum landscaped buffer shall be maintained between interior drives and parking areas.
(m)
Areas held in common ownership.
[1]
If any of the buffer areas, open spaces, street or parking areas are held in common ownership for the development, the developer or owner shall submit a detailed statement including covenants, agreements or specific documents showing the ownership and method of maintenance, financial responsibility and utilization of the common areas within the development.
[2]
The Township Solicitor shall review such documents to determine whether they adequately provide for the creation and maintenance of common areas.
[3]
Such documents shall provide that any alteration or amendment to the agreements shall not be accomplished without the express review and consent of the Township.
S.
Convention and visitors center.
(1)
Such use shall only be located in the Convention and Visitors Center Development Overlay.
(2)
Purpose of the district:
(a)
Shall have a campus-like setting with substantial landscaping.
(b)
Avoid intrusive uses that would conflict with a unified conference center and visitors center development having a unified architectural scheme and appearance.
(c)
Promote development that has fully coordinated site layout and internal pedestrian and traffic access, with shared and interconnected parking and provisions for safe pedestrian/visitor circulation.
(d)
Discourage single-use buildings on individual lots with separate parking facilities and separate driveways.
(e)
Promote use of mass transit service, particularly shuttle services for visitors to the area.
(3)
Concept plan. In order to obtain approval of a convention and visitors center development, the applicant shall submit a concept plan demonstrating:
(b)
That all uses will be developed in a single unified plan, with a duly coordinated system of interior traffic and pedestrian access, coordinated traffic circulation and coordinated parking;
(c)
The types of uses proposed in different parts of the development, provided that it is not necessary to identify specific tenants, and provided that the type of activity is described;
(d)
The approximate sizes and dimensions of buildings and locations of parking and landscaped areas, provided that the detailed design of specific lots and buildings may be deferred until individual buildings and uses are approved;
(e)
How the development will be coordinated with traffic access and utilities of adjoining tracts and the public street system; and
(f)
That hotels and/or motels with a minimum of 150 rooms for overnight guests and an attached or separate conference center will be part of the first phase of the development and will be occupied before any other use in the EC-1 District is occupied.
(4)
Permitted uses. The following uses shall be permitted, after a concept plan has been granted approval:
(a)
Hotels or motels with a minimum of 150 rooms for overnight guests. Accessory indoor and outdoor recreation and amusement uses (such as tennis courts, exercise facilities, game rooms and pools) shall be permitted if indoor facilities are within the principal building, if the uses are on the same lot as the principal use, and if the uses are limited to only guests. A coin-operated video arcade shall not be allowed, nor any outdoor amusement park, miniature golf or similar uses.
(b)
Museums and cultural, historical or educational exhibits and facilities, which may include but not be limited to a living history area or theme village intended to demonstrate historical eras and life and the promotion of businesses, products and services of Adams County.
(c)
Movie or live theaters, playhouses, indoor presentation facilities, and auditoria, but not including any adult entertainment businesses.
(d)
Stations or stops for mass transportation services, such as buses, trolleys, jitneys or vans for the transportation of persons, and park-and-ride lots; provided, however, that vehicle repair, maintenance, fuel storage and/or parts storage shall be prohibited.
(e)
Tourist information centers.
(f)
Township-owned uses and fire/emergency stations.
(g)
The following uses, provided that they are contained within a lot that is designed to be occupied by five or more separate business establishments, or an allowed hotel/motel or principal theater use, and further provided that there are integrated parking and driveways, a unified architectural theme among all uses on the lot and in the development, and no drive-in or drive-through facilities:
[1]
Restaurants and other food services.
[2]
Retail sales facilities primarily featuring items related to the historical and/or educational themes pursued in the EC-1 District and items intended to meet the needs of visitors to the other principal uses in the EC-1 District. Such retail sales shall be within a fully coordinated and compatibly designed cluster of shops with an architectural theme and with the primary intent of servicing visitors to Adams County.
[3]
Bank or other financial institutions.
[4]
Exercise/fitness club.
[5]
Day-care center, adult or child.
[6]
Other accessory retail sales uses that the applicant proves are customarily incidental to allowed principal uses in the development.
(h)
College or university: educational and support buildings.
(i)
Television, video and audio production, broadcast and/or other media production facilities, provided that communications antennas shall not extend more than 25 feet above the roofline of the principal building on which they are located.
(j)
Accessory offices and administrative activities serving principal uses. For the purpose of determining whether such use is within the customary uses that are incidental to a principal use, the Straban Township Zoning Officer will make a legal determination.
(5)
Dimensional and miscellaneous requirements. Each lot within the development shall meet the following additional requirements, unless a stricter requirement is established by another section.
(a)
Minimum total site area: 85 acres.
(b)
Minimum lot area (to be subdivided): 20 acres, provided that each lot is part of the fully coordinated and conditionally approved development. Within a lot, individual buildings, land area and/or uses may be owned in a condominium arrangement or long-term lease, provided that the requirements of the EC-1 District are met, including fully coordinated internal traffic circulation, and that there is a unified architectural theme among the uses on that lot and in the development overall.
(c)
Maximum building height: 60 feet or four-to-five stories, whichever is more restrictive.
(d)
Minimum lot width: 300 feet.
(e)
Maximum building coverage/lot: 40%.
(f)
Maximum impervious coverage/lot: 65%.
(g)
A lot may include more than one building, with no minimum setbacks between buildings, provided that the applicant proves there will be adequate access for emergency vehicles to all portions of buildings.
(i)
Waste dumpsters and exterior compactors shall be located and screened in a manner that minimizes their visibility from adjacent streets or buildings or pedestrianways.
(j)
Any fencing shall be placed on the inside of any required perimeter landscaping and paved area setback.
(k)
Any individual restaurant or retail sales establishment shall not exceed a floor area of 12,500 square feet and shall not include drive-through facilities.
(6)
Parking. The sharing of parking spaces among different uses in the EC-1 District is encouraged. As part of the special exception use approval, the applicant may apply to the Zoning Hearing Board for a reduction in the number of parking spaces required under this chapter by up to 35%, based upon evidence that the different uses within the site will have different and nonconflicting peak times of parking demand and/or the integrated uses within the site will result in a percentage of the parking spaces serving several of the uses on the site (for example, the occupants of a parking space being guests at the hotel, attending functions at the conference center, and using the movie theaters, restaurants and retail businesses). The applicant shall provide a parking study by a traffic engineer or other qualified professional to support the applicant's request for a reduction in the number of required parking spaces and as evidence that such a reduction will provide for a sufficient number of parking spaces to serve the site. As a condition of approving the reduction in the number of parking spaces required under this section, the Zoning Hearing Board may require the applicant to hold in reserve, for a period of five years, adequate land on which to locate additional parking, and, at the end of the two-year period, require the applicant to provide a revised parking study, based on actual parking usage, to show that the additional parking will not be needed. If such a revised parking study is provided by the applicant and approved by the Supervisors, which approval shall not be unreasonably conditioned, delayed or denied, the applicant shall be released from the obligation of reserve land for additional parking.
§ 140-20 Industrial uses.
B.
Lumber and saw mills.
(1)
A minimum lot area of 10 acres is required.
(2)
All machinery shall be located at least 200 feet from any adjacent property line.
(3)
A waste management plan shall be required and shall be reviewed by the Township Engineer.
(4)
The lot shall have direct access onto an arterial or collector roadway as shown in the Straban Township Comprehensive Plan.
(5)
All materials temporarily or permanently stored on the property shall be set back at least 100 feet from any street line.
(6)
A traffic study shall be required and reviewed for on- and off-site transportation improvements and reviewed by the retained Straban Township Engineer.
C.
Mineral recovery operations.
(1)
Fencing. An eight-foot wood or chain-link fence shall surround the area of actual quarrying.
(2)
Screens. Quarry operations will impair and change the character of the surrounding countryside. Trees or shrubs shall be planted or attractive earth barrier erected to screen the operation as far as practical from normal view.
(3)
Setbacks from residential uses and other than industrial and commercial districts.
(4)
Street setbacks. No part of the mineral recovery pit, stockpiles, waste piles, processing or manufacturing equipment, scales or operational equipment shall be closer than 200 feet to the right-of-way line of a public street.
(5)
Property line setbacks.
(a)
No part of the quarrying pit, stockpiles, waste piles, processing or manufacturing equipment shall be closer than 200 feet to any property line.
(b)
No private access road, truck parking area, scales or operational equipment shall be closer than 100 feet to a property line, except for the primary access drive.
(c)
Where a quarry property abuts another quarry property or an operating railroad's right-of-way, no part of the quarrying operation, except an access road, may be closer than 50 feet.
(6)
Access drive. The access drive to the facility shall be paved for a minimum of 200 feet from the street line.
(7)
Mineral recovery operations shall have direct access to an arterial roadway as identified in the Straban Comprehensive Plan.
(8)
Restoration or reclamation requirements.
(a)
Restoration required. Within two years after the termination of quarrying operations, the area of actual mineral recovery operations shall be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.
(b)
Restoration standards. In rehabilitating the area of actual mineral recovery operations, the owner or operator shall comply with the following standards:
[1]
Removal of plant and equipment. Within two years after termination of operations, all plant and equipment shall be removed, except where the plant and equipment is still used for processing earth material from other properties. If substantially covered, foundations and piers may be left in the ground.
[2]
Reporting of operational and restoration information. In order to keep the Zoning Officer abreast of impending termination of mineral recovery operations and plans for restoration, as well as operational activities which he/she has a duty to check, each mineral recovery owner or operator shall submit to the Zoning Officer, annually in the month of October, the following information:
[b]
Location map, at a scale of one inch equals 100 feet, or such other scale acceptable to the Township, showing:
[i]
All land owned or under option, contract or lease.
[ii]
Lot or land quarried.
[iii]
As practical, contours at twenty-foot intervals extending beyond the site to the nearest public street or highway.
[iv]
Private access roads and abutting streets and highways.
[v]
Existing structures.
[vi]
Existing stockpiles and waste piles.
[vii]
Title, scale, North point and date.
[viii]
Fencing and screen planting. If fencing is vegetation, give details of size and type.
D.
Mini and self-service storage facilities.
(1)
Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is on both sides of the aisle.
(2)
If a manager/business office is established on the site, at least four parking spaces shall be provided adjacent to the office.
(3)
No business activities, other than rental of storage units, shall be conducted on the premises.
(4)
The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.
(5)
If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking and shall be screened from public streets and adjacent property in accordance with the Straban Township Subdivision and Land Development Ordinance.[2]
(6)
All access drives and customer parking shall be paved and any loading/storage area shall be paved.
E.
Recycled materials collection and processing.
(1)
All operations, including collection, shall be conducted within a wholly enclosed building.
(2)
There shall be no outdoor storage of materials used or generated by the operation.
(3)
The applicant shall explain and provide in a written report the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust and litter.
(4)
The applicant will assure regular maintenance and the immediate collection of stray debris.
(5)
The lot shall have direct access onto an arterial or major collector roadway as shown in the Straban Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(6)
The facility shall not be located within 200 feet of any residential use or district.
F.
Sanitary landfill or incinerator.
(1)
A minimum lot area of 25 acres is required.
(2)
No sanitary landfill operation or incineration shall take place within 500 feet of any street or property line.
(3)
The lot shall have direct access to an arterial roadway as shown in the Straban Township Comprehensive Plan or a road having adequate structural and geometrical characteristics as determined by the Township Engineer to handle the anticipated future truck traffic.
(4)
It shall be demonstrated that the use, because of its location and proposed method of operation, will not have an adverse effect upon any surrounding residential properties.
(5)
The lot/operation shall meet the Adams County Solid Waste Plan requirements.
(6)
Fencing. An eight-foot wood or chain-link fence shall surround the area of actual operations.
(7)
Screens. Where operations will impair and change the character of the surrounding countryside, trees or shrubs shall be planted, or attractive earth barrier erected, to screen the operation as far as practical from normal view.
(8)
Setbacks from residential uses and/or districts. No part of the landfill or incinerator operations, private access road, truck parking area or operational equipment may be closer than 500 feet to a residential use or district.
G.
Distribution and/or logistics center; truck and freight terminal; fulfillment center and/or return center.
[Amended 10-19-2022 by Ord. No. 2022-01]
(1)
Shall only be permitted in the Distribution, Terminal, and Fulfillment (DTF) Overlay Zone.
(2)
The use shall be on property that is not less than 10 acres in size and is immediately adjacent to and has direct access to any of the following roadways: 1) an arterial roadway identified in the Straban Township Comprehensive Plan, 2) a street within a Business/Commerce Park that meets or exceeds the minimum requirements for a collector street as set forth in § 117-30B(2) of the Code, or 3) Camp Letterman Drive.
(3)
Loading docks and truck maneuvering areas shall be setback not less than 200 feet from residential districts or residential uses' property lines.
(4)
A traffic study shall be required and reviewed for on- and off-site improvements and reviewed by the retained Straban Township Engineer.
(5)
Buffering and screening shall be required for the use and shall meet the standards of § 140-32 of the Code.
(6)
A lighting/photometric plan shall be required to confirm lighting will not project onto adjacent properties or road rights-of-way.
(7)
All truck parking and staging must be accommodated on site, at all times, and shall be in accordance with the following:
(a)
No trucks shall park or stage along any public road at any time.
(b)
In addition to one loading space at each loading dock, an additional one truck parking/staging space for every two loading docks shall be required. Truck staging/parking spaces shall be in addition to parking spaces required for any company trucks/vehicles/trailers stored on site.
[1]
This requirement may be reduced upon application for a special exception to be approved by the Zoning Hearing Board.
[2]
The following conditions shall be satisfied to justify the grant of a special exception:
[a]
The application shall include a detailed truck parking/staging plan for the development.
[b]
The land development plan shall show the spaces to be removed, and shall identify a reserve area sufficiently sized and situated to be converted into truck staging/parking spaces in the future in the event the development is unable to accommodate all truck parking/staging on site.
[c]
The application shall include satisfactory documentation from a traffic engineer or other appropriate professional justifying the reduction in additional truck parking/staging spaces.
(c)
Each required off-street loading space/berth and truck staging/parking space shall be not less than 14 feet in width, 60 feet in length, and 14 feet in height, exclusive of drives and maneuvering space, and shall be located entirely on the lot being served.
H.
Medical marijuana facilities.
[Added 12-3-2018 by Ord. No. 2018-01]
(1)
Medical marijuana dispensary.
(a)
The dispensing of medical marijuana can only be conducted by a dispensary permitted under the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101, et seq.
(b)
A dispensary may only dispense medical marijuana indoors in an enclosed and secure facility.
(c)
A plan addressing the safety and security of the physical facility, personnel and public must be submitted to the Township Office at the time of application for a building permit.
(d)
The dispensary may not be located within 1,000 feet of a day-care center, public or private school, or a public park. The distance is to be measured from the front door of the dispensary to the front door of the school or day-care center. The distance is measured to the property line of a public park.
(e)
A dispensary may sell medical devices and instruments which are needed to administer medical marijuana.
(f)
The dispensary shall meet the same Township zoning and land use requirements as any other use that is located within the zoning district in which it is located.
(g)
The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m..
(h)
Dispensing from a drive-through or walk-up window is strictly prohibited.
(i)
No outdoor seating shall be permitted.
(j)
Off-street parking shall be provided in the amount of 1 1/2 for each employee on the busiest shift of employment and one space per 200 square feet of retail floor space.
(2)
Medical marijuana grower/processor.
(a)
The applicant shall produce a permit from the Pennsylvania Department of Health for the conduction of a grower/processor operation under Act 16 at the time of application for a building permit from the Township.
(b)
The growing of medical marijuana can only be conducted by a grower/processor permitted under the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101, et seq., and cannot be conducted separate from the processing activity.
(c)
A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the EC-2 (Economic Development - Intense) Zoning District.
(d)
A grower/processor operation is considered to be a manufacturing, not an agricultural use.
(e)
A grower/processor may only grow, store, harvest or process marijuana indoors in an enclosed and secure facility.
(f)
A plan addressing the safety and security of the physical facility, personnel and public must be submitted to the Township Office at the time of application for a building permit.
(g)
Parking shall include a minimum of 1 1/2 parking spaces for each employee of the facility during peak employee shift hours.
(h)
No employees or visitors shall park off-site of the facility.
(i)
Loading and unloading of medical marijuana and related equipment and materials shall be conducted in an enclosed secure area within the facility.
(j)
Equipment and materials used in the growing and processing of medical marijuana shall not be stored or placed outside of a secure structure within the facility.
(k)
Waste and marijuana remnants and byproducts shall be located in a secure container located within a secure area within the facility and disposed of in a manner compliant with Department of Health regulations and permits.
I.
Data center and battery energy storage systems (BESS).
[Added 3-3-2025 by Ord. No. 2025-02]
(1)
Data centers and battery energy storage systems shall be a permitted use only in the EC-2 Zoning District or the Distribution, Terminal, Fulfillment Overlay Area.
(2)
A data center or BESS shall meet the following design guidelines:
(a)
Principal building facades. Principal building facades shall include all building facades that face adjacent public roads. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment. Principal building facades associated with new construction shall meet the following standards:
[1]
Principal building facades shall avoid the use of undifferentiated surfaces by including at least two of the following design elements: change in building height; building step-backs or recesses; fenestration; change in building material, pattern, texture, color; or use of accent materials.
[2]
When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.
(b)
Screening of mechanical and electrical equipment. In order to minimize visibility from adjacent roads and adjacent properties, ground-level and rooftop mechanical and electrical equipment shall be screened. This screening may be provided by a principal building or existing vegetation that will remain on the property or is within a landscaping/buffer easement on an adjacent property. Mechanical and electrical equipment not screened by a principal building or existing vegetation shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building.
(c)
Buffer yard requirement. A buffer yard is required in order to screen the data center or BESS from adjacent residentially zoned or planned properties. The required buffer yard from residential properties, residentially zoned properties, or properties where a residential development has been approved by the Township shall be not less than an additional width of 50 feet beyond the required setback width from the property line. This buffer yard shall consist of a dense screen of evergreen and deciduous trees and must be approved by the Township Zoning Officer. In lieu of this buffer yard requirement, any side/rear yard abutting property that is not developed with commercial or industrial uses shall include a buffer yard required plantings installed on an earthen berm that has a minimum height of six feet and a slope not steeper than 2:1. Landscape screening shall be provided along all road right-of-way and shall visually screen the data center from the roadway. Landscaping shall be installed between the data center fencing and road right-of-way and shall consist of one evergreen tree and one deciduous tree for every 20 feet of road frontage adjacent to the data center. The required screening shall be planted in a staggered manner, shall be native species, and shall have a mixture of varieties. Landscaping shall also blend in with existing tree lines and existing vegetation, wherever possible. All coniferous trees shall be a minimum of six feet in height at time of planting, and all deciduous trees shall not be less than two-inch caliper at time of planting.
(d)
Utility substations. Electronic substations or other utility substations necessary to serve the data center or BESS use shall be considered part of the data center/BESS use and shall be screened from adjacent major roads or residentially zoned/planned properties as follows:
[1]
In accordance with the buffer yard requirements set forth in § 140-20I(2)(c) when the substation faces residentially zoned properties.
[2]
All other buffering and landscaping requirements of this chapter shall still apply.
(e)
Exterior lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties. A photometric plan shall be provided that demonstrates that light levels at the property line do not exceed 0.1 footcandles.
(f)
Hazardous materials:
[1]
The data center or BESS shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet from any property line, nor closer to any property than 100 feet.
[2]
Any storage of hazardous materials must demonstrate compliance with all applicable PA DEP standards and shall implement all necessary spill containment systems and environmental protection measures to prevent groundwater or soil contamination.
[3]
Evidence must be provided that the Township and first-due fire department have been made aware of the potential for hazardous materials on site and any concerns addressed as part of the plan.
(g)
Power supply. Evidence must be provided from the public utility serving the facility that an application for service is approved.
(h)
Loading areas. Loading docks and truck maneuvering areas shall be set back not less than 200 feet from residential districts or residential uses' property lines.
(i)
Emergency management and response:
[1]
Owners of data centers or battery energy storage systems (BESS) shall submit an emergency response plan (ERP) that must:
[a]
Be prepared by a qualified professional.
[b]
Be reviewed and accepted by the local fire department and emergency management services as part of the land development plan process.
[c]
Include detailed procedures for fire suppression, containment, ventilation, and evacuation.
[d]
The ERP must include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site.
[e]
Ensure that all first responders receive adequate training specific to the installed system.
[f]
Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center or battery energy storage system.
[g]
BESS sites must be in compliance to NFPA 855 or similar standards and must include fire suppression systems designed specific to battery storage. Documentation must be provided showing coordination with the local fire code officials and fire services.
[2]
All data center applications must demonstrate compliance with § 140-13E(1) to ensure coordination with the Emergency Management Coordinator, considering potential conflicts with adjacent and nearby helicopter flight paths.
[3]
A note shall be added to the land development plan that states "The Township shall not assume liability for the adequacy of the ERP and reserves the right to require additional documentation or certifications to confirm compliance with national standards."
(j)
Traffic impact. Applicants must submit a traffic impact study, addressing both daily operational traffic and emergency response access, to demonstrate that the facility will not adversely affect local road capacity. Shared access drives with other facilities are encouraged, consistent with § 140-13F.
(k)
Decommissioning. It is the facility owner's responsibility that at the end of the project life or active use of the facility as a data center, the site must be restored to a condition that existed prior to the project or the facility altered in a manner that will allow for a beneficial reuse of the property. This would involve the removal of all equipment, structures, containment ponds, etc., that are no longer in use or cannot be reasonably reused. A decommissioning agreement will be required to be executed between the Township and the facility owner to ensure the requirements within this section are met within 12 months of the date at which the facility ceases to operate as a data center.
(l)
A water supply feasibility study shall be prepared to demonstrate that sufficient water resources are available to serve the proposed use if the use involves the use of any water resources. In the event that the use of a private well is proposed, in addition and in conjunction with completion of a feasibility study, the following requirements shall apply:
[1]
A professional geologist licensed in the Commonwealth of Pennsylvania and qualified to conduct groundwater investigations shall prepare a water resources impact study. The purpose of the study will be to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the additional water withdrawals on existing nearby wells, underlying aquifers and/or nearby surface water features (i.e., streams, wetlands, etc.). The Township Engineer shall review the impact study work plan, including proposed test well locations and pumping test procedures. Approval of the work plan by the Township Engineer shall be required prior to implementation.
[2]
The adequacy of water supply shall be determined based upon the guidelines established in the Adams County Wellhead Protection Plan (ACWHPP) and shall be based upon the peak demand calculations for the proposed use, including domestic usage and any cooling usage, and used as a conservative estimate by which to perform a groundwater budget analysis. A water system which does not provide the minimum rate of supply of water for the proposed use, does not meet drinking water quality standards (if applicable), and/or adversely impacts nearby wells, ponds, and streams shall not be approved by the Township.
[3]
Water resources impact studies. The water resources impact study shall contain at a minimum the following information:
[a]
Calculations of project water demands, including a determination of required fire flows.
[b]
Literature review and reference of published geologic and hydrogeologic reports.
[c]
A geologic map of the area within a one-mile radius of the proposed property boundaries and site.
[d]
The location of all faults, lineaments and fracture traces on-site and within 1/2 mile of the proposed property boundaries.
[e]
The locations of all existing and proposed wells within 1/4 mile of the site and all large withdrawal wells (100,000 gpd+) within 0.5 mile of the site.
[f]
The locations of all test wells (both pumped and observation), along with the proposed lot boundaries, should be located on an accurate site plot plan or base map at a minimum scale of one inch to 500 feet.
[g]
Define/map the boundary of the surface watershed in which the proposed development is located (use relevant USGS 7.5-minute topographic map as a base map). The approximate property boundary for the development shall be delineated on this surface watershed map.
[h]
Define known sources of groundwater contamination within this mapped surface watershed boundary and evaluate the potential impact(s), if any, of this contamination on the proposed groundwater use.
[i]
The location of all existing and proposed on-lot septic systems within 1/4 mile of the site.
[j]
The location of all streams, perennial and intermittent, within 1/4 mile of the site.
[k]
Define existing municipal, community, industrial and/or agricultural demands on groundwater resources located within 0.5 mile of the proposed development boundaries.
[l]
A water-table or potentiometric surface map showing groundwater elevation contours and the direction of groundwater flow.
[m]
Calculate a water budget for the subject site from available information contained in published literature and government sources for the geologic formation(s) occupying the site. The budget calculations should document long-term average precipitation [inches per year (in/yr)], total surface runoff (in/yr), evapotranspiration (in/yr), and groundwater recharge rates (in/yr and gallons per day per acre). The long-term average groundwater recharge rate should be reduced by 40% to estimate the annual amount of groundwater recharge expected during years of drought conditions.
[n]
Confirm that there are no nearby groundwater users whose withdrawal would inhibit the development from meeting its proposed groundwater usage rate.
[o]
Compare the total annual groundwater recharge calculated for drought conditions for the proposed development with the peak water demand for the proposed use to determine whether the proposed development can be adequately supplied by the groundwater resource underlying the subject development site.
[4]
Site-specific report requirements. The following site-specific investigations shall be carried out in preparation of the water resources impact study:
[a]
The installation and testing of new water supply wells for data center developments shall follow the frequency given below:
[i]
For a data center user proposing to withdraw 25,000 gpd or less, one new test well shall be installed and tested. At least one observation well is required to be monitored during both the pumping/recovery phase of the well test.
[ii]
For a data center user proposing to withdraw more than 25,000 gpd but less than 100,000 gpd, two new test wells shall be installed and tested.
[iii]
Prior to the construction of any test wells, the Township must approve the location of any test wells in accordance with the Township's well ordinance procedures.
[iv]
In the event that the proposed well(s) for the data center use will fall under the jurisdiction of the Pennsylvania Department of Environmental Protection, the Township shall not grant final plan approval until all necessary permits are obtained from all applicable regulatory agencies.
[b]
Any well installed in the Township for nonresidential use or testing purposes requires a permit from the Township and shall be constructed and sampled in accordance with the Township's well ordinance. During the drilling and construction of the well, proper techniques of well development shall be utilized so as to obtain the best practical yield and quality, which is representative of the aquifer.
[c]
Each test well shall have an accurate geologic log prepared under the direction of a professional geologist licensed by the commonwealth by a geologist during the drilling of the well, giving a detailed description of the type and thickness of soils and bedrock formations encountered. Additionally, the log should contain information on the depth and thickness of all water bearing zones encountered and the yield from each zone.
[d]
Pumping tests and recovery tests. Each new test well shall be pumped at a constant discharge rate for a minimum period of eight continuous hours. The discharge rate shall be appropriate to the blown yield of the well to adequately stress the aquifer but not dewater the well. Recovery levels shall be measured at regular intervals immediately following the pumping period until 90% recovery of the pre-test water level is achieved.
[e]
During the performance of each pumping recovery test, time-drawdown measurements (within accuracy of 1/10 foot) shall be taken from the pumped well and at least one nearby observation well. The time-drawdown measurements must be taken in both the pumped well and the observation well at the following minimum frequencies:
[i]
One reading every minute for the first 10 minutes of the test.
[ii]
One reading every two minutes for the ten- to 100-minute test interval.
[iii]
One reading every 10 minutes for the 100- to 300-minute test interval.
[iv]
One reading every 20 minutes from 300 minutes to the end of the pumping period.
[v]
Repeat frequency for recovery phase of test.
[f]
All observation wells should be located within 200 feet horizontal distance from the pumping well, or be close enough to incur measurable drawdown during the pumping phase of the test. The observation well can be either:
[i]
An existing domestic well, but only if the domestic well is not actively pumped for the entire duration of testing (pumping and recovery phases) and its construction details (total depth and cased depth) penetrate the same hydrogeologic unit as the new well; or
[ii]
A new supply well on an adjacent lot if that adjacent well penetrates the same hydrogeologic unit as and its construction details (total depth and cased depth) are compatible with the new well being tested; or
[iii]
A new well specifically installed as an observation well for test purposes and scheduled for permanent abandonment following relevant Township requirements after the testing has been completed.
[g]
The time-drawdown data collected from each pumping test should be used to define the local aquifer characteristics, including hydraulic conductivity, transmissivity, coefficient of storage, and the expected long-term yield of the well(s) being tested. Distance drawdown relationships and impact on surrounding water users from the proposed groundwater withdrawal should be included in the assessment. A groundwater availability analysis should be included in the impact study to demonstrate that there are sufficient groundwater resources within the drainage basin to support both existing users and the proposed withdrawal. Raw time-drawdown data and field testing notes should be included in the report as an appendix.
[h]
Water samples for chemical analyses should be collected from the pumped wells within one hour of the scheduled end of the pumping phase of each test. Samples shall be analyzed at a DEP-certified laboratory for pH, total dissolved solids, iron, manganese, nitrate-nitrogen and coliform bacteria. A copy of the laboratory analytical report for each sample shall be included and summarized in the report.
[i]
All water supply wells to be used for domestic purposes shall have a minimum yield of one gpm. In the case of low yielding wells, i.e., less than five gpm, the proposed water system shall be designed to be able to provide sufficient storage via oversize tanks and/or storage in the well bore to meet expected peak demand (i.e., 300 gpd).
[5]
Water resources impact study determination:
[a]
When a water resources impact study is required, the Board of Supervisors will approve the use of on-lot nonresidential use wells when:
[i]
This report indicates that justification of the project necessitates consideration of this type of water supply.
[ii]
The anticipated water supply yield is adequate for the type of development proposed.
[iii]
The installation of such systems will not endanger or adversely decrease the groundwater supplies to adjacent properties.
[b]
When deemed appropriate and necessary by the Township Engineer, the analysis of the potential hydrologic impact using a groundwater model (i.e., MODFLOW) may be required in addition to the above fieldwork to adequately characterize and predict the overall impact the proposed project will have on availability groundwater resources.
(m)
Noise control. For data center and BESS uses, it shall be demonstrated through a sound study conducted by a professional acoustical expert that the sound generated by the data center or BESS and associated equipment during operations and testing and maintenance operations (i.e., all standby emergency equipment, including but not limited to generators running) to a daytime (7:00 a.m. to 8:00 p.m., Monday through Friday) and a nighttime (8:00 p.m. to 7:00 a.m., Monday through Friday and all day Saturday and all day Sunday) decibel level shall not exceed pre-development ambient noise levels by greater than 10 dB(A), with a maximum decibel level of 55 dB(A) during daytime hours and 45 dB(A) during nighttime hours, as measured from the property line of the data center or BESS use. In the event these levels cannot be met unmitigated, or if the proposed site is adjacent to an existing residential use, the installation of one or more sound-reducing materials or systems must be utilized to reduce the sound generated to the decibel levels discussed above and shall be approved by the Township professional acoustical expert. Such sound study or studies shall be conducted using sound level meters described in ANSI S1.4-2014 and using generally accepted criteria. Maximum decibel level specified herein is exempt during a time of power outage conditioned that the sound study shall also evaluate and report anticipated decibel levels when all data center equipment is running. A sound study shall be conducted at the following phases:
[1]
A preliminary sound study for the data center or BESS and associated equipment shall be conducted prior to preliminary approval for the development of the data center or BESS. The preliminary sound study shall recommend the sound-reducing materials or systems to meet the aforesaid sound limits. Additionally, the study shall include a frequency analysis and evaluate vibration impacts as part of the noise impact assessment.
[a]
The frequency analysis shall include measurements across octave or 1/3 octave bands, consistent with ANSI S1.11 or an equivalent standard.
[b]
The frequency analysis shall demonstrate compliance with property line sound limits across all relevant frequency bands under typical operating conditions.
[2]
An interim sound study shall be conducted during the building permit process based upon the proposed user or users of the data center or BESS and associated equipment depicted on the building plans. The sound-reducing materials or systems recommended by the interim sound study shall be incorporated into the construction plans for the data center or BESS.
[3]
An as-built sound study shall be conducted six months after issuance of the certificate of occupancy for any data center or BESS and associated equipment prior to the final escrow release for any data center or BESS land development phase. An as-built sound study may also be required thereafter by the Township upon request. If it is determined by the as-built sound study that there is a violation of the aforesaid sound limits, then the owner or occupant of the data center or BESS shall promptly remediate the violation into compliance with the aforesaid sound limits. The as-built sound study shall confirm compliance with the sound limits and frequency analysis requirements established in the preliminary sound study, including measurements across octave or 1/3 octave bands consistent with ANSI S1.11 or an equivalent standard.
(n)
Vibration study. A vibration study shall be provided that demonstrates that vibration resulting from sources material to the data center or BESS (fans, pumps, chillers, generators, and other mechanical equipment) does not extend past the property line. This study shall be prepared by a qualified professional.
(o)
Wastewater management. The applicant shall demonstrate to the Township that adequate means of wastewater disposal have been provided for and approved by the Sewage Enforcement Officer and/or PA DEP. This would include wastewater management from any domestic wastewater as well as any wastewater used for cooling or industrial purposes.
§ 140-21 Public or utility uses.
A.
Communications towers and communications antennas with associated communications equipment buildings.
(1)
The following regulations shall apply to communications antennas and communications equipment buildings.
(a)
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling unit.
(b)
Building-mounted communications antennas shall be permitted to exceed applicable height limitations by no more than 20 feet.
(c)
Building-mounted communications antennas and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. In residential areas, a plan shall be submitted demonstrating the method to be utilized to visually conceal said structures.
(d)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(e)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(f)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit the following information:
[1]
Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
[2]
Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure, for review by the Township Engineer.
[3]
Evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(g)
A communications equipment building shall be subject to the height and setback requirements of the applicable district for an accessory structure.
(2)
The following requirements shall apply to communications towers:
(a)
Tower type. Where the construction of a new support structure is proposed, the applicant shall use a single-pole, or davit, construction where the proposed site meets one or more of the following tower location criteria:
[1]
Within one mile of an area or property listed in or deemed eligible for listing in the National Register of Historic Places.
[2]
Within 500 feet of any residential subdivision or land development containing more than 25 contiguous dwelling units and a dwelling unit density of greater than one dwelling unit per acre.
(b)
Any applicant proposing construction of a new communications tower shall demonstrate that a good-faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good-faith effort shall require that all owners of potentially suitable structures within a one-fourth-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
[1]
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
[3]
Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
[4]
Additions of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
[5]
A commercially reasonable agreement could not be reached with the owners of the structure.
(c)
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- and mud-free all-weather surface for its entire length.
(d)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot area requirements for the zoning district.
(e)
Recording of a plat of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
(f)
The applicant shall demonstrate that the proposed tower is the minimum height required to function satisfactorily. The applicant shall provide coverage analyses for a sufficient range of tower heights within the Township, where towers are permitted, to demonstrate the relationship between tower height and coverage "dead spots" and a sufficient range of siting locations based on technical data, which demonstrates the need for the tower in the specified location. The Township Zoning Hearing Board shall have the option to obtain an independent professional evaluation of the siting analysis.
(g)
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential or mixed-use district or any property line of a religious or educational institution at least 200 feet and shall be set back from any other property line at least 50 feet.
(h)
In all zoning districts, the maximum height of any communications tower shall be 150 feet; provided, however, that such heights may be increased to no more than 200 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 150 feet. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(i)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standard of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.
(j)
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
(k)
The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Support Structures, published by the Electrical Industrial Association/Telecommunications Industry Association.
(l)
The applicant shall submit a copy of its current Federal Communications Commission license, if issued prior to the hearing; 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 antennas.
(m)
All guy wires associated with guyed communication towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
(n)
The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public.
(o)
No signs or lights shall be mounted on the communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(p)
One off-street parking space shall be provided within the fenced area.
B.
Public service office use.
(2)
Outside storage of materials shall be prohibited within residential zones. Outdoor storage of materials in other areas shall be completely enclosed within a minimum six-foot-high fence and screened from adjoining streets and properties.
(3)
The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings unless located in EC-2 Districts.
C.
Public utilities, other than communications towers and antennas with associated equipment buildings (addressed in Subsection A).
(2)
The storage of maintenance vehicles and related apparatuses shall be within wholly enclosed buildings in any district.
(3)
The following shall apply to utilities located in any zone:
(a)
No specified lot area shall apply; however, each lot shall provide front, side and rear yard setbacks and comply with the maximum lot coverage requirements when prescribed in the underlying zone.
(b)
The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical disturbance or any other objectionable impact beyond the property lines.
(c)
All site improvements shall be screened from all adjoining residentially zoned properties.
D.
Solar energy systems.
[Added 8-2-2010 by Ord. No. 2010-02; amended 10-4-2021 by Ord. No. 2021-04; 1-2-2024 by Ord. No. 2024-01]
(1)
Principal solar energy systems shall only be permitted in the Solar Energy System (SES) Overlay Zone.
(2)
The following regulations apply to all solar energy systems, including principal solar energy systems and accessory solar energy systems:
(a)
Solar energy systems constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing solar energy system, whether or not existing prior to the effective date of this section, that materially alters the solar energy system shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.
(c)
The solar energy system layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations.
(d)
The applicant for a building permit and land use permit shall submit certificates of design compliance obtained by the applicable equipment manufacturers listed above.
(e)
The solar energy system shall be constructed to comply with the PA Uniform Construction Code, Act 45 of 1999,[3] as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the Uniform Construction Code, except where an applicable standard has been approved by the Department of Labor and Industry under its regulatory authority, and as enforced by Straban Township and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
[3]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(f)
Upon completion of installation, the solar energy system shall be maintained in good working order in accordance with standards of the Straban Township codes under which the solar energy system was constructed. Failure of the owner to maintain the solar energy system in good working order is grounds for appropriate enforcement actions by Straban Township in accordance with applicable ordinances.
(g)
All on-site power transmission and collection lines shall be placed underground to the maximum extent feasible.
(h)
Glare.
[1]
All solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a nonreflective finish.
[2]
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses, either through siting or mitigation.
(i)
No portion of the solar energy system shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the solar energy system, provided they comply with the prevailing sign regulations.
(j)
No trees or other landscaping otherwise required by Straban Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a solar energy system.
(k)
Rights of adjoining properties.
[1]
Prior to the issuance of a zoning or land use permit, solar energy system applicants must acknowledge, in writing, that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or create in the property itself:
[2]
This acknowledgement shall be submitted to Straban Township and placed on any required subdivision and/or land development plans.
(l)
Other provisions of this chapter and the Straban Township Subdivision and Land Development Ordinance notwithstanding, for a solar energy system permitted under this chapter, the following regulations shall apply:
(m)
Solar easements.
[1]
Where a subdivision or land development proposes a solar energy system, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.
[2]
Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easements shall include but not be limited to:
[a]
A description of the dimensions of the easement, including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;
[b]
Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;
[c]
Enumerate terms and conditions, if any, under which the easement may be revised or terminated;
[d]
Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
[3]
If necessary, a solar energy system owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).
(n)
Stormwater requirements.
[1]
Stormwater management for the solar energy system shall be in accordance with the Straban Township Stormwater Management Ordinance[4] and the Pennsylvania Department of Environmental Protection (DEP) FAQ document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as applicable and as most recently revised. In the event that criteria within the PA DEP FAQ document discussed above cannot be fully met, a detailed stormwater analysis including post-construction stormwater management (PCSM) and BMP requirements will be required.
[2]
The surface area of the arrays of a solar energy system, regardless of the mounted angle of any solar panels, shall be considered impervious from a zoning perspective and calculated in the lot coverage of the lot on which the system is located.
[3]
The applicant shall submit a stormwater management plan that demonstrates compliance with Straban Township stormwater management regulations.
[4]
The individual solar modules within an array are arranged in a fashion that:
(o)
Agrivoltaics are permitted when:
(p)
A single identification sign of a maximum of six square feet per sign side shall be permitted at each PSES site.
(q)
Plan requirements. A report and plan highlighting the existing conditions of the property shall be included in the submission to Straban Township. The information should highlight existing vegetation, topography, and other existing natural features.
[1]
Ground-mounted PSES require submission and approval of a land development plan in accordance with the Straban Township Subdivision and Land Development Ordinance if the solar project is considered a principal use of the property.
[2]
Roof-mounted PSES do not require submission of a land development plan.
(r)
Permit requirements.
[1]
PSES shall comply with the Straban Township Subdivision and Land Development Ordinance requirements through submission of a land development plan. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.
[2]
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.
(s)
Decommissioning.
[1]
The developer of a solar energy system shall enter into a decommissioning agreement, with such agreement being in a form acceptable to the Straban Township Solicitor.
[2]
The solar energy system owner shall, at the end of each calendar year or fiscal year, provide information concerning the amount of energy generated by the solar energy system in the last 12 months.
[3]
The solar energy system owner is required to notify Straban Township immediately upon cessation or abandonment of the operation. The solar energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of six continuous months.
[4]
The solar energy system owner shall then have 12 months from abandonment in which to completely dismantle and remove the solar energy system, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. The decommissioning shall be conducted in a manner so that any agricultural ground upon which the solar energy system is located is again tillable and suitable for agricultural use, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored. All posts, foundations, framing, fencing, and all structural components of the solar energy system shall be fully removed, as well as all electrical and communications cabling that is less than 42 inches in depth. If the owner fails to dismantle and/or remove the solar energy system within the established time frames, Straban Township may complete the decommissioning at the owner's expense.
[5]
At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to Straban Township to secure its obligations under this section.
[a]
The PSES developer shall, at the time of application, provide Straban Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities plus administrative factor of 25% minus salvage and resale credit of 80% equals the decommissioning cost estimate.
[b]
On every fifth anniversary of the date of providing the decommissioning financial security, the PSES owner, with the help of a Pennsylvania licensed engineer, shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the PSES owner shall remit the increased financial security to Straban Township within 30 days of the approval of the updated decommissioning security estimate by Straban Township.
[c]
Decommissioning security estimates shall be subject to review and approval by Straban Township, and the PSES developer/owner shall be responsible for administrative, legal, and engineering costs incurred by Straban Township for such review.
[d]
At no time shall the financial security be an amount less than $500,000.
[e]
The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
[f]
Prior to approval of any plan or permit for a PSES, the PSES developer shall enter into a decommissioning agreement with Straban Township outlining the responsibility of the parties under this agreement as to the decommissioning of the PSES.
(t)
Environmental protection.
[1]
All PSES must be set back a distance of 25 feet from any area designated as a wetland, a FEMA floodplain, or an area containing 15% slope or greater.
[2]
All PSES shall be set back 100 feet from a property listed on, or eligible for listing on, the National Register of Historic Places as designated by the State Historic Preservation Office of the National Park Service.
(u)
Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 140-32 of the Straban Township Zoning Ordinance.
(v)
Landscape screening shall be provided along all road right-of-way and shall visually screen the solar energy system from the roadway. Landscaping shall be installed between the solar energy system fencing and road right-of-way and shall consist of one evergreen tree and one deciduous tree for every 20 feet of road frontage adjacent to the solar energy system. The required screening shall be planted in a staggered manner and shall have a mixture of varieties. Landscaping shall also blend in with existing treelines and existing vegetation, wherever possible. All coniferous trees shall be a minimum of six feet in height at time of planting, and all deciduous trees shall not be less than two-inch caliper at time of planting.
(w)
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. This shall include any agricultural BMPs that are still required to be maintained within the lifespan of the practice, unless approval is obtained by the funding agency for any impact associated with the PSES project.
(x)
The solar energy system shall be sited in such a way that it presents minimal impact to traffic and no impact to public health and safety.
(y)
The structures comprising the solar energy system shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot, and in no event shall wooded acreage comprising more than 2% of the deed acreage of the lot or portion of the lot devoted to the solar energy system use be removed without demonstrating that such removal is necessary for the reasonable construction and efficient performance of the use.
(z)
Security.
[1]
All ground-mounted PSES shall be completely enclosed by a minimum eight-foot- and maximum ten-foot-high fence with a self-locking gate to prevent or restrict unauthorized persons or vehicles from entering the property. The fence shall meet setback requirements noted in this section.
[2]
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence, barrier, or facility perimeter surrounding the PSES informing individuals of potential voltage hazards.
(aa)
Access.
[1]
At a minimum, a twenty-five-foot-wide access road must be provided from a state or municipal roadway into the site. Access points must be designed to accommodate the largest construction traffic that will be entering the site.
[2]
Between the solar arrays, an emergency access drive shall be provided to allow access for maintenance vehicles and emergency management. The width of this aisle/drive shall be confirmed with the local EMS providers but in no case shall it be less than 12 feet in width. Emergency access width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.
[3]
If the PSES is exempt from stormwater requirements as specified in this section, vegetation must be maintained or replaced after maintenance and/or emergency use.
[4]
Access to the PSES shall comply with all access requirements in the Straban Township Subdivision and Land Development Ordinance.
[5]
All access points, whether temporary or permanent, shall be required to obtain a PennDOT or Township roadway occupancy permit.
[6]
All sites shall be designed such that the construction traffic, to the greatest degree possible, shall utilize access points from state highways instead of local Township roadways.
(bb)
PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority. This shall include any indicator lights/beacons which shall not be visible beyond the property line of the project site, whether solid or flashing.
(cc)
The owner of a PSES shall provide Straban Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system. The written confirmation shall include a statement of capacity and approval of the proposed connection.
(3)
Roof- and wall-mounted principal solar energy systems.
(a)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Straban Township, that the roof or wall is capable of holding the load imposed on the structure.
(b)
PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
§ 140-22 Transportation uses.
[Amended 10-4-2021 by Ord. No. 2021-04]
A.
Airport and/or landing strip.
B.
Heliport.
(1)
A minimum lot area of 10 acres is required.
(2)
No portion of the land area designated or utilized for aircraft takeoff or landing shall be within 500 feet of any residential or mixed-use district or residential or such use, including those within adjacent municipalities, nor within 250 feet of any property line.
(3)
Except for rooftop landing areas, a minimum landing area of 100 feet by 100 feet shall be provided.
(4)
Screens. Heliports will impair and change the character of the surrounding countryside; trees or shrubs shall be planted and a fence or earth barrier a minimum of eight feet in height erected to screen the ground operation and structures from normal view.
C.
Helistop/helipad.
(1)
No portion of the land area designated for aircraft takeoff or landing shall be within 500 feet of any residential or mixed-use district or such use, including those within adjacent municipalities, nor within 150 feet of any property line.
(2)
Any proposed helistop shall be permitted only as an accessory use to, in conjunction with, and an integral part of an existing and permitted principal use.
(3)
No sales, fuel service, maintenance or overhaul activities shall be conducted on the premises.
(4)
Screens. Helistop/helipad landing areas will impair and change the character of the surrounding countryside; trees or shrubs shall be planted and a fence or earth barrier a minimum of eight feet in height erected to screen the ground operation and structures from normal view.
§ 140-23 Accessory uses.
A.
Bed-and-breakfast inn.
(1)
No modifications to the external appearances of the building (except fire escapes) which would alter its residential character shall be permitted.
(2)
Guest stays shall be limited to a maximum of 14 consecutive days.
(3)
A maximum of 10 guest rooms shall be permitted.
(4)
Breakfast or brunch shall be provided only to the guests of the establishment.
(5)
The Township Sewage Enforcement Officer shall certify the adequacy of the on-lot wastewater system to handle the additional volume generated by the inn in those areas dependent on on-lot wastewater systems.
B.
Garage, accessory. Vehicle repair businesses are permitted in a private garage that is accessory to a dwelling in the R-R District.
C.
No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions, to or from the premises in excess of those normally associated with residential use. The business or commercial activity shall satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
(5)
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business shall not involve any illegal activity.
D.
Secondary dwelling unit.
(1)
The total building coverage for the principal dwelling, any other accessory structures and the secondary dwelling together shall not exceed the maximum lot coverage requirement for the underlying zone, where applicable.
(2)
The secondary dwelling shall be occupied by a maximum of two people.
(3)
The secondary dwelling unit's utility systems may be physically connected to or totally separate from the sewage disposal and water supply and all other utilities of the principal dwelling. All water and sewer systems planned for the new unit shall be reviewed by the Township Sewage Enforcement Officer and inspected in accordance with DEP requirements.
(4)
In addition to all parking requirements for the principal dwelling, a minimum of one off-street parking space shall be provided for the secondary dwelling.
(5)
The secondary dwelling shall be installed, located or constructed within the building envelope of the property and shall adhere to all setback requirements for principal uses.
(6)
Only one secondary dwelling unit shall be allowed per lot.
E.
Temporary agricultural roadside stands.
(1)
Signage for roadside stands shall only be located on the same parcel as such roadside stand.
(2)
Temporary roadside stands shall be set back a minimum of 15 feet from the roadway for safe customer ingress, egress and parking and shall not be located within the street right-of-way.
(3)
A designated off-street parking area shall be provided for all employees and customers.
(4)
An application for a temporary roadside stand shall include proof of permission from the owner of the parcel where such stand is located.
(5)
Parking areas are not permitted at intersections.
F.
Private swimming pools.
(1)
A private unenclosed swimming pool shall not be located in front of the primary facade of the principal building and may only be erected in a rear or side yard in any district in which it is permitted, provided that it is at least 10 feet from any rear or side property line.
(2)
Pools which are enclosed or covered shall meet all setback requirements of the underlying district.
(3)
Outdoor lighting of the pool area shall be shielded and not reflect toward adjacent residential properties.
(4)
Provisions shall be made for drainage of the pool and backwash water disposal. Water shall not be emptied onto public roads or adjoining land belonging to others.
(5)
Swimming pools shall meet the fencing and barrier requirements of the 2009 International Residential Code (see IRC Section AG105.1, et seq.), or such other building code in effect in the Township at the time of construction or reconstruction of the swimming pool.
[Amended 10-1-2012 by Ord. No. 2012-04]
(6)
Aboveground pools shall meet the setback and gating requirements of this section.
G.
Accessory uses, nonresidential uses. Nonresidential uses (including agricultural uses) may have a variety of accessory uses within the principal structure or in separate structures, provided that they meet the following standards:
(1)
Uses. All uses not permitted in the district shall be prohibited, except where a commercial use is established as accessory to a permitted manufacturing or industrial use, such accessory use shall be limited to 15% of the total gross floor area or lot area, whichever is applicable.
(2)
General. No uses or structures shall be within the required yards.
(3)
Fences. Where fences are used in a nonresidential zoning district a maximum height of 10 feet is permitted. A landscaped buffer yard shall be provided between the fence and any street or residential use.
(4)
Community recycling bins. Where recycling bins are used in developments, parking lots, open space and other areas, the bin shall be fully enclosed with a wood or masonry fence or other durable low-maintenance materials or berms.
(5)
On-site residence. In the EC-1 or EC-2 districts a building may be used, erected or altered for residential purposes for an owner, caretaker, watchman, janitor or employee employed on the premises.
(6)
Vehicular repair. Hydraulic hoists, pits and all lubrication, greasing, washing and repair equipment shall be entirely enclosed within buildings.
(7)
Temporary contractors office or real estate office. Temporary building, temporary real estate or construction offices and temporary storage of materials, provided that such use is located on the lot where construction is taking place or on a lot adjacent or part of the development site thereto, and that such temporary use is to be terminated upon completion of construction.