Tobyhanna Township City Zoning Code
ARTICLE XV
Conditional Use Permits
§ 155-97 Purpose.
[Amended 10-12-2004 by Ord. No. 448]
The Board of Supervisors recognizes the potential impact upon the Township of certain types of proposed development and, therefore, has retained to the Supervisors the right of review and approval of certain types of development, namely, commercial transient camping grounds, mobile home parks, development amenities, indoor/outdoor commercial recreational uses, preserves, home satellite dish and related home television antennas, bus shelters, cable television facilities, churches and similar places of worship, communications antennas, communication towers and communication equipment buildings, gambling or off-track betting establishments, adult entertainment establishments, bulk fuel storage, junkyards and automobile wrecking yards, facilities for the manufacture, assembly or packaging of products from previously prepared materials and facilities for the manufacture, processing, reprocessing, alternation, packaging or refinement of food products or any product ultimately intended for human consumption.
§ 155-98 Permit procedure.
A.
Applications for conditional use permits shall be referred to the Board of Supervisors. The Board of Supervisors shall refer such matters to the Planning Commission for advice and comment on its effect on the application with the requirements of this chapter. The Board of Supervisors shall hear the application as it is required and empowered by law and ordinance. The Board of Supervisors may thereafter direct the Zoning Officer to issue a conditional use permit if, in its judgment, any one of such cases will not be detrimental to the health, safety and general welfare of the Township and is deemed necessary for its convenience. In approving any such application, the Board of Supervisors may impose any conditions that it deems necessary to accomplish the reasonable application of standards provided in this chapter, and may deny any such application, but only in accordance with said standards.
B.
Conditional use permits issued by the Zoning Officer as directed by the Board of Supervisors shall automatically expire 12 months from the date of issuance by the Zoning Officer, unless construction, other than excavation, has commenced within such twelve-month period.
C.
The applicant shall contact the Zoning Officer to arrange a presubmission conference with the Board of Supervisors and the Planning Commission to outline the nature of the proposed application and to determine the nature and extent of the information to be supplied on the site development plan. In addition to the site development plan, the applicant shall also submit a statement setting forth full particulars of the need, purpose and operation of the structure or use.
D.
The applicant shall cause a site development plan to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Such plan shall include those elements set forth in § 155-79G as may be determined to be appropriate during the presubmission conference, together with any specific items or elements required by §§ 155-99 through 155-105, whichever pertains to the specific application in question.
§ 155-99 Commercial transient camping grounds.
Commercial transient camping grounds, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
All commercial transient camping grounds shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B.
The developer of any commercial transient camping ground shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities, and shall meet minimum requirements of the Department of Environmental Protection.
C.
Existing natural features, drainage and vegetation shall be maintained, except where necessary for the construction and operation of the above activity or as part of a forestry management program.
E.
All commercial transient camping grounds shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of operation of such activities.
§ 155-100 Mobile home parks.
Mobile home parks shall conform to the following requirements:
A.
Each mobile home park shall have a minimum site of not less than 10 acres and a minimum site frontage of no less than 400 feet.
C.
There shall be no more than six trailer or mobile home unit stands per net acre of land used.
D.
The following lot and yard requirements shall be observed for each trailer or mobile home unit stand site:
E.
All applications for a trailer or mobile home park shall be accompanied by a plot plan showing the location of the site, topography, drainage, number of units, access, road layout, name and address of the owner and names of abutting property owners.
F.
No conditional use permit shall be granted unless the application certifies that provisions have been made to connect each trailer or mobile home unit to a water and sanitary sewer system as approved by the Department of Environmental Protection. Such facilities must be installed and operable before occupancy will be permitted.
G.
Height regulations. No principal structure shall exceed 29 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof, and no accessory structure containing 400 square feet or less shall exceed 15 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. In the event that the accessory structure is greater than 400 square feet in area, the maximum height would be equal to the maximum height of the permitted principal building in the district in which it is located. Exceptions to this provision shall be as provided in Article VI, § 155-10A.
H.
Landscaping.
(1)
Adequate screening and/or fencing shall be required within a buffer strip of not less than 20 feet in width to be devoted exclusively to that purpose, adjacent to all exterior lot lines of mobile home parks. The screening and/or fencing shall be such that it will create, unless it can be preserved from existing vegetation, within two growing seasons, a continuous screen five feet in height and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the course of the year. Compliance with this section shall be so executed that sight is unobstructed at intersections within a triangle measuring 30 feet along the frontage road right-of-way and 10 feet along the right-of-way of interior streets.
I.
Access. Access to mobile home lots shall be from interior streets, which shall conform to the requirements for minor streets, and not from public streets.
J.
Recreation. At least 10% of the total area of a mobile home court, exclusive of the buffer strip, shall be devoted to playground(s), park(s) or other recreational purposes, and shall be appropriately equipped.
§ 155-101 Development amenities.
[Amended 10-12-2004 by Ord. No. 448]
Development amenities shall include those uses permitted in the Commercial District (not including the special exceptions set forth herein), recreational facilities including but not limited to ski slopes and tows, golf courses, tennis facilities, beaches, swimming pools and natatoriums, gymnasiums, craft facilities and similar uses and facilities, guard shacks, and administrative facilities, including but not limited to, administration office buildings in which meeting rooms, storage space and mailboxes may be contained, located within the confines of the exterior perimeter of a subdivision of record or planned community or contiguous thereto. Development amenities shall conform to the following:
A.
The activity, amenity, structure or use shall be principally for the benefit and convenience of the families, guests and tenants of lot owners.
B.
The activity, amenity, structure or use shall be located wholly within the confines of the exterior perimeter of a subdivision of record or planned community or contiguous thereto. However, no development activity, amenity, structure or use located within a planned community shall be permitted on residential lots or units other than lots that constitute common areas of the planned community.
C.
No advertising sign relating to the activity, amenity, structure or use shall be permitted which is visible from any legislative route.
D.
Only one sign, not exceeding 32 square feet in area and not exceeding 10 feet in height above the average ground line to the highest point, shall be permitted for each such activity, amenity, structure or use, except directional signs as provided in § 155-20.
E.
The sum of the areas (including the area required for any parking) devoted to uses, activities or structures normally permitted in the Commercial District shall not exceed 1% of the total gross area within the confines of the exterior perimeter of the subdivision of record.
F.
Any building or structure (other than signs) must conform to the setback requirements of the district in which the amenity is located.
H.
Subsurface disposal areas constructed to serve this amenity shall not encroach on any required parking area or upon the buffer strip.
I.
A buffer strip not less than 20 feet in width shall be provided between any such use and any plotted lot of the subdivision.
J.
No commercial or for-profit activity shall be conducted within any administration office building.
§ 155-102 Indoor/outdoor commercial recreational uses.
Indoor and outdoor commercial recreational uses, as defined in Article IV of this chapter, shall conform to the following requirements:
A.
A statement of use and operation of the same shall accompany the plan and shall set forth:
(1)
The nature of said indoor and outdoor commercial recreational use;
(2)
Proof of public interest in said use;
(3)
Benefits to the Township and surrounding areas;
(4)
Any proposed plans for future expansion of said use; and
(5)
Any other information which may be helpful in assisting the Supervisors in evaluating this application.
C.
Only one sign, not exceeding 36 square feet in area and not exceeding 10 feet in height above the average ground line to the highest point, shall be permitted for such use, provided that such sign shall be located within the perimeter of the parcel upon which the use is located and within 100 feet of an activity, structure or principal use of said indoor and outdoor commercial recreational use.
D.
Adequate fencing, screening or natural growth not less than eight feet in height, where required by the Board of Supervisors, shall be constructed or planted around the perimeter of said parcel.
E.
Adequate sanitary facilities in accordance with the rules and regulations of the Department of Environmental Protection and the Township shall be installed to accommodate all future customers and participants in said use.
F.
The Board of Supervisors shall determine, based upon information and testimony supplied at the hearing, that the use shall be conducted in such a manner that the noise shall comply with §§ 155-11Q and § 155-17G(4).
G.
The Board of Supervisors shall determine, based upon information and testimony supplied at the hearing, that the use shall not be conducted in such a manner to emit any obnoxious smell or odor from such use.
H.
Adequate lighting shall be provided after dark for any roadways, streets, parking areas or walkways, ramps, steps, signs and other areas of intensive pedestrian or vehicular use in accordance with § 155-55E of this chapter, including adequate shielding which shall be provided to protect adjacent properties from the glare of such illumination and from headlights of automobiles using the parking facility, as required by § 155-11H of this chapter.
I.
Subsurface disposal areas constructed to serve the facility use shall not encroach on any required parking area.
§ 155-103 Preserves.
A "preserve" is an area covering 1,000 acres or more in a continuous parcel and owned by individuals formed into an association or corporation for residential and recreational purposes, open only to members, guests and employees of said association or corporation and containing conservation and recreational areas, dwellings of members and employees, community buildings and services, street and sanitation facilities for use only by members, guests and employees of said association or corporation.
A.
At least 50% of the gross area of the preserve shall be devoted to conservation areas or to open space for the common use and enjoyment of the members, employees and guests.
B.
The number of dwellings within the preserve shall not exceed one dwelling for each eight acres of gross area within the preserve.
C.
The number of dwellings within the preserve shall not exceed one dwelling for each two acres of developable land. Developable land shall be determined by reducing from the gross area the area encompassed by lakes, streams, ponds, swamps or other bodies of water, land with a slope of 20% or more extending over a distance in excess of 200 feet and other land which is physically unsuitable for building a development.
D.
A preserve may include single-family detached dwellings and accessory buildings; animal shelters, for domestic animals only and not for commercial breeding of the same; hunting clubs and camps; fishing clubs and camps; conservation facilities; recreational and eating facilities for the use of members, guests and employees; community buildings and services which may include facilities for construction within the preserve; office and incidental commercial facilities servicing the preserve; lumbering as specified in § 155-12B(8); and development amenities as specified in § 155-101.
E.
Necessary streets used in subdivisions (which need not be public streets) and drives shall be provided within the preserve. Potable water, sanitary and drainage facilities shall meet minimum requirements of the Department of Environmental Protection and the rules and regulations of Tobyhanna Township.
F.
Title to all property within the preserve shall remain in the name of the preserve association or corporation.
G.
Except as provided in Subsection S, no lot leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve shall be less than 43,560 square feet in area.
H.
No more than two dwelling units, plus accessory buildings as defined below, may be erected upon any lot leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve; provided, however, that no more than one dwelling unit, plus accessory buildings as defined below, may be erected upon any lot leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve which is less than 43,560 square feet in area.
I.
No building or structure erected upon any lot leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve shall be closer than 15 feet to the side yard line nor closer than 50 feet to the front or rear yard line of said lot.
J.
The minimum habitable floor area per dwelling on any lot shall be 750 square feet.
K.
Existing natural features, drainage and vegetation shall be maintained, except for construction within the preserve, development of recreational and conservation facilities or as part of a forestry management program.
M.
All preserves shall comply with applicable requirements of the state and county agencies, including but not limited to health, sanitation and fire protection.
N.
The maximum building height shall be 38 feet.
O.
The maximum lot coverage shall be 15%.
R.
"Permitted accessory buildings" shall be defined as storage buildings, garages, greenhouses, swimming pools, animal shelters, none of which shall be used for commercial purposes, and other buildings of like kind and use that are clearly incidental to the principal use and do not include any activity commonly conducted as business.
S.
The provisions of Subsections G, P and Q notwithstanding, not more than 10% of the lots leased or to be leased by the preserve or otherwise occupied by any member, guest or employee of the preserve may be nonconforming as to area, lot width or lot depth, provided that:
(1)
No lot shall in any event be less than 30,000 square feet in area.
(2)
No lot of less than 43,560 square feet shall have a width of less than 75 feet.
(3)
No lot shall be nonconforming as to both minimum lot width and minimum lot depth.
(4)
The nonconformance shall not adversely affect the character of the preserve or the purpose and intent of this article.
§ 155-104 Home satellite dish and related home television antennas.
[Amended 3-9-1998 by Ord. No. 394]
A.
Towers and antennas shall be set back from all property lines a distance of at least 1.5 times the height of the antenna or tower, exclusive of clearly identified and well-maintained bridle paths.
C.
No more than one antenna or tower shall be permitted on any lot.
D.
The diameter of a satellite dish antenna shall not exceed nine feet when proposed as an accessory use to a residential use. When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.
E.
The diameter of a satellite dish antenna shall not exceed 23 feet when proposed as an accessory use to any use (except residential uses) in the C, CI or OS Districts.
F.
A satellite dish antenna or tower shall not be located in the front yard of a residential structure.
G.
Roof-mounting of a satellite dish antenna on a residential structure shall not exceed maximum building height requirements in that district.
H.
Towers and/or antennas shall not be used for human occupancy.
I.
Towers and/or antennas shall meet all requirements of the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) and all other regulatory agencies.
§ 155-105 Bus shelters.
Bus shelters shall conform to the following requirements:
A.
Bus shelters shall not be located within a street cartway.
B.
Bus shelters shall be considered temporary structures which can be moved from one location to another.
C.
Bus shelters shall not exceed 10 feet in height, 16 feet in width or eight feet in depth.
D.
Signage on any bus shelter shall not exceed 10% of any wall surface. The contents of any such sign shall be approved by the appropriate school administrator for school bus shelters.
E.
Such use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property or be detrimental to the public welfare.
§ 155-106 Additional requirements for certain conditional uses.
[Added 6-15-1998 by Ord. No. 397]
In addition to any other provisions of this chapter and Chapter 135, Subdivision and Land Development, which apply to conditional use permits, all conditional use applications for uses enumerated in § 155-17D of this chapter shall strictly comply with the following additional general requirements, conditions and performance requirements:
A.
Public safety. No landowner, tenant or lessee shall use or allow to be used land or structures in a way that results or threatens to result, in the opinion of the Township, in any of the following conditions:
(1)
A physical hazard to the public, or a physical hazard that would be an attractive nuisance that would be accessible by children.
(2)
Pollution of groundwaters or surface waters, other than as authorized by a state or federal permit.
(3)
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards or toxic substances.
B.
Approvals and permits. All approvals and permits of the Township are conditioned upon compliance by the applicant with all applicable federal, state and Township laws and regulations.
C.
Noise levels. Noise levels shall not exceed those shown in this chapter.
D.
Proximity to water bodies. No conditional industrial/manufacturing use shall be located closer than 100 feet abutting a stream and 50 feet abutting wetlands, or other water body measured from the edge of the high-water mark, excepting detention basins or stormwater culverts.
E.
Buffer strips. Where the conditional industrial/manufacturing use adjoins a residential district, a buffer strip of a minimum of 200 feet in width is required along the adjoining lot lines, unless the residential district is separated by an expressway or a railroad, where the minimum buffer strip is 100 feet in width. Where the conditional industrial/manufacturing use adjoins any other type of district, a buffer strip of 100 feet in width is required along the adjoining lot lines (other than industrial). The buffer strip shall be landscaped to provide a suitable and effective barrier to separate the property and shield all lighting glare. No buffer strip shall be used for parking.
F.
Reduction of buffer strips. The two-hundred-foot buffer strip may be reduced to 120 feet if the industry or manufacturing use provides an earthen berm acceptable to the Township Supervisors that is a minimum of eight feet high above the highest ground level within the setback with a maximum side slope of 3 to 1 and screening, meeting the screening requirements, is placed on the top of the berm or on the residential side of the earthen berm.
G.
Building orientation. If more than one building is on the site, if not attached, the building's orientation shall be such that the exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building, plus 10 feet. The buildings shall be arranged such that they are accessible to emergency vehicles, including fire trucks and ambulances.
H.
Approvals. The Pennsylvania Department of Labor and Industry approval is required.
I.
Sewage treatment. The industries and manufacturers noted in the attached use tables entitled "Wastewater Treatment Requirements for Users in Commercial-Industrial Zone,"[1] and any industry or manufacturer discharging 10,000 gallons or more per day of wastewater that is not recycled on an average daily basis, shall be required to connect to an approved wastewater treatment plant in accordance with the regulations of that system and/or the Township's regulations and will not be allowed to utilize a community on-lot septic system.
[1]
Editor's Note: Said tables are on file in the Township offices.
J.
Recertification of on-lot systems. Any septic system used by a manufacturing or industrial user is required to be reviewed and/or tested by the Sewage Enforcement Officer for adequacy if a change of use or expansion of use would cause an increase in sewage flows or create a potential problem based on the new character of the wastewater.
K.
Backup on-lot system. All new or expanding industrial and manufacturing users that have an on-lot septic system shall include a second open unpaved land area suitable for an alternate septic system location. Such site shall be tested by the Township Sewage Enforcement Officer and found to meet state and Township requirements. This requirement for the alternate system location shall not apply if the applicant proves to the satisfaction of the Township Engineer and/or Zoning Officer that public sewage service can reasonably be expected to serve the lot within five years from the date of occupancy or expansion.
L.
Outdoor land use. Except as provided by § 155-16B(9) for commercial establishments, goods or products shall not be stored out-of-doors unless in an area enclosed by landscaping or a fencing screen on three sides. The outdoor storage of trash shall be designed and maintained to be completely screened from view by a landscape buffer or other approved screening not less than eight feet in height, and such use shall conform to all building setbacks. All manufacturing shall occur completely within enclosed structures.
M.
Hazardous use or materials. No building or lot may be used by a business or industry that treats, stores (from off-site sources) or distributes hazardous wastes or materials.
N.
Road access. There shall be a maximum of one access road per 200 feet of frontage and in no case more than two access roads per frontage. Traffic to an industrial or manufacturing development shall not utilize a local street through a residential district, except for emergency vehicle access.
O.
Glare. Arc welding, acetylene-torch cutting or similar processes that produce glare shall be performed within an enclosed building or shall be screened from view from any point beyond the property line.
P.
Fire suppression systems. Fire suppression systems shall be installed in all industrial and manufacturing buildings over 20,000 square feet. The systems shall be as required for a full operating system in the latest edition of the BOCA National Building Code. The system is to be installed and maintained in full operating condition, as specified in § 155-131 of this chapter.[2]
Q.
Fire and safety hazard. The storage of crude oil or any of its volatile products or other highly inflammable liquids in aboveground or underground tanks shall be in accordance with local, state and federal regulations. The manufacture or storage of explosive or poisonous gases is not permitted. The storage, baling or treatment of rags, wastes, scrap paper or similar materials shall be in enclosed masonry buildings, no part of which may be located closer than 100 feet from any property line.
R.
Vibrations. No use shall generate earth vibrations or concussions perceptible to an average person through his/her senses, without the aid of instruments, beyond its property lines, with the exception of that vibration produced as a result of occasional, nonroutine construction activity or permitted mining operations.
S.
Gases and odor. No toxic gas shall be emitted which is deleterious to the public health or safety. The emission of obnoxious odors of any kind shall not be permitted. This restriction is not applicable to normal farming practices or other nonindustrial or nonmanufacturing uses.
T.
Smoke, dust, dirt and fly ash shall not exceed the limits set by federal, state and local air pollution codes.
U.
Staged construction. If the development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter are fully complied with at the completion of each stage. Each stage shall be shown on the plan.
V.
Monitoring. If a reasonable doubt exists that a use would violate the performance standards or such similar requirements of this section, the Supervisors may require a use to fund such reasonable and necessary monitoring to ensure its compliance.
W.
Traffic impact study.
(1)
Uses requiring a traffic study. Any application for any of the following new uses or expansion of existing uses may be required to complete a traffic study and include the findings in a written report:
(a)
Commercial: 20,000 square feet or more of new or additional total floor area.
(b)
Office: 30,000 square feet or more of new or additional total floor area or any truck terminal.
(c)
Institutions: 30,000 square feet or more of new or additional total floor area.
(d)
Industrial and/or manufacturing uses: all uses that generally result in greater than 500 trips per day.
(e)
Any use or combination of uses that would generally result in greater than 1,000 trips per day.
(2)
Timing. Any required traffic study shall be submitted at the same time as or earlier than any preliminary plan, special exception, conditional use or construction permit application, whichever is submitted earliest.
(3)
Costs. The full costs of completing the study and the reasonable costs of a review by the Township or Planning Commission Engineer or other Township representative shall be borne by the applicant.
(4)
Selection of engineer. The applicant's proposed traffic engineer shall be subject to approval by the Supervisors, based upon the qualifications and credentials of the proposed traffic engineer as submitted to the Supervisors.
(5)
Study area. Prior to initiation of the traffic study, the traffic engineer or planner shall meet with the Township Supervisors and/or Engineer to establish the area to be studied. This area shall be limited to streets or intersections within a maximum of one-mile radius of the proposed project egress/ingress, except for a use projected to generate more than 2,000 trips per day, which shall have a maximum study area of three miles from the project egress/ingress.
(6)
Joint studies. Joint traffic studies between different applicants are allowed.
(7)
Project description. If a development is proposed to occur in stages, each stage shall be described and taken into account in the study.
(8)
Existing traffic conditions. The traffic volumes and service levels during the a.m. and p.m. peak hours and holiday weekends shall be presented for all streets and intersections in the study area that can reasonably be expected to be significantly impacted. Traffic volumes shall be based upon actual counts that occurred within the prior two years, and not upon state estimates. The locations of all accidents reportable to the state or local police within the study area during the most recent two-year period shall be noted.
(9)
Expected traffic generation. The study shall include an estimate of the number of trips expected to be generated by the use and any future stages during the a.m. and p.m. peak hours and holiday weekends, traffic volumes and levels of service on impacted intersections and streets. Such estimates shall be based upon the latest published estimates of the Institute of Transportation Engineers, or its successor entity, unless the applicant provides the Township with estimates and supporting documentation based upon actual traffic counts of closely similar developments in Pennsylvania.
(10)
Levels of service. The study shall estimate and use the description of the levels of service (A, B, C, D, E and F) for streets and highways established by the United States Department of Transportation.
(11)
Signal warrants. Heavily traveled intersections at entrances to the development and other major unsignalized intersections in the study area shall be studied to determine whether a traffic signal is warranted by PennDOT criteria. Existing traffic signals that are significantly impacted shall be studied to determine whether they are in need of upgrading.
(12)
Needed improvements. The study may take into account traffic improvements which are clearly funded and will occur within the next two years. The study shall include suggestions for how each congested or hazardous intersection in the study area should be improved to reduce the hazard or congestion, and a rough estimate of the cost of that improvement.
(13)
Applicant's response. The applicant shall respond to the traffic study with proposals on what traffic improvements, right-of-way dedications or commitments of financing for specific projects the applicant proposes to commit to resolve the negative traffic impacts of the proposed development. Such improvements or financing may be staged in relation to the stages of the development. The applicant may also agree to commit toward the long-term support of a program to reduce peak-hour traffic by private vehicles, through programs such as carpooling, support of mass transit, or staggered work hours, in place of certain structural improvements.
(14)
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or Chapter 135, Subdivision and Land Development, shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit, or within a staged process agreed to at the time of approval.
X.
Stormwater management. The stormwater management plan will meet the requirements of any separate Township stormwater management ordinance[3] which may be adopted or with the requirements of Chapter 135, Subdivision and Land Development. All proposed stormwater control methods are subject to review by the Township and/or Planning Commission Engineers. All such methods shall be professionally acceptable to the Engineers.
Y.
Presubmission meeting. Prior to undertaking a review of an application for a conditional use permit, the Township may require a mandatory presubmission conference to be attended by the applicant, its designees or agents, the Township Zoning Officer and, at the option of the Board of Supervisors, itself, the Township Engineer or any other Township representative or employee.
§ 155-106.1 Churches and similar places of worship.
[Added 10-12-2004 by Ord. No. 448; amended 11-10-2008 by Ord. No. 473]
Churches and similar places of worship shall be permitted as a conditional use within the OS District and shall comply with the following requirements:
A.
Churches and similar places of worship shall comply with all the lot and yard requirements set forth in Article X of Chapter 155 of the Tobyhanna Township Code of Ordinances and the applicable attachments[1] to the Tobyhanna Township Zoning Ordinance regulating churches and similar places of worship.
[1]
Editor's Note: Said attachments are included at the end of this chapter.
B.
Uses and/or structures incidental and/or accessory to a church and similar place of worship such as a gymnasium, playground, parsonage for active clergy, monastery for active monastics and/or an athletic field shall be allowed, provided all buildings and use areas meet the minimum lot and yard requirements set forth in Article X of Chapter 155 of the Tobyhanna Township Code of Ordinances and the applicable attachments[2] to the Tobyhanna Township Zoning Ordinance regulating churches and similar places of worship.
[2]
Editor's Note: Said attachments are included at the end of this chapter.
C.
Outdoor lighting for recreational purposes shall be prohibited.
§ 155-106.2 Communications antennas, towers and equipment buildings.
§ 155-106.3 (Reserved) [1]
[1]
Editor's Note: Former § 155-106.3, Gambling or off-track betting establishments, added 10-12-2004 by Ord. No. 448, was repealed 12-27-2005 by Ord. No. 458.
§ 155-106.4 Adult entertainment establishments.
[Added 10-12-2004 by Ord. No. 448]
Adult entertainment establishments shall include adult bookstores, adult cabarets, adult movie theaters, adult massage parlors and adult videocassette rental and sales and shall strictly comply with the requirements set forth in §§ 155-17D(1) and 155-106 of this chapter.
§ 155-106.5 Bulk fuel storage.
[Added 10-12-2004 by Ord. No. 448]
Bulk fuel storage shall include tanks of over 1,000 gallons and related cylinder filling rooms, pumps, compressors and truck filling stations and shall comply with the requirements set forth in §§ 155-17D(2) and 155-106 of this chapter. Further, bulk fuel storage shall comply with the International Fuel Gas Code (see § 60-12 of Chapter 60, Building Construction and Permits) and all other applicable requirements set forth in the Code of the Township of Tobyhanna. Where differences occur between the provisions of the International Fuel Gas Code and this Code, the most restrictive provision shall apply.
§ 155-106.6 Junkyards and automobile wrecking yards.
§ 155-106.7 Facilities for manufacture, assembly or packaging of products from previously prepared materials.
[Added 10-12-2004 by Ord. No. 448]
Facilities for the manufacture, assembly or packaging of products from previously prepared materials shall include materials such as cloth, plastic, paper, leather, precious or semiprecious stones or metal, but shall not include metal smelting and manufacturing of chemical products from raw materials. Such facilities shall strictly comply with § 155-106 of this chapter.
§ 155-106.8 Facilities for manufacture, processing, reprocessing, alteration, packaging or refinement of food products.
[Added 10-12-2004 by Ord. No. 448]
Facilities for the manufacture, processing, reprocessing, alteration, packaging or refinement of food products or any product ultimately intended for human consumption shall include pharmaceuticals and the like, but shall not include the production of fish or meat products, sauerkraut, vinegar or the like, or the rendering of fats and oils. Such facilities shall strictly comply with § 155-106 of this chapter.
§ 155-106.9 Medical marijuana grower/processor.
[Added 3-13-2017 by Ord. No. 529]
A medical marijuana grower/processor shall be permitted as a conditional use within the CI Commercial/Industrial District and shall comply with the following requirements:
A.
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health of the Commonwealth of Pennsylvania. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
B.
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana materials and equipment used in production and cultivation or required for laboratory testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
D.
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Department of Health of the Commonwealth of Pennsylvania policy and rules and regulations, and shall not be placed within any unsecured exterior refuse containers.
E.
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
F.
A grower/processor may not be located within 1,000 feet of the property line of a public, private or parochial school or day-cay center or facility.
G.
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
I.
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.
J.
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
K.
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
§ 155-106.10 Behavioral health treatment facility.
[Added 2-20-2024 by Ord. No. 576]
A behavioral health treatment facility (the "facility") shall be permitted by as a conditional use in the C-Commercial District and shall comply with the following requirements:
B.
All outdoor storage of supplies and/ or waste shall be adequately screened by planting or fencing.
C.
The appropriate area and number of off-street parking spaces shall be provided, as described in § 155-55L, and access to parking areas and emergency entrance(s) shall be designed to minimize disturbance to adjoining properties.
D.
The facility shall hold and maintain all relevant licenses and certificates required by the Commonwealth of Pennsylvania in order to operate the facility.
E.
The facility shall hold a certificate of occupancy from the Department of Labor and Industry or its local equivalent.
F.
The facility shall comply with all security regulations promulgated by the Commonwealth of Pennsylvania with respect to the operation of a licensed facility. The facility shall maintain security cameras and alarms and monitor interior and exterior activity.
G.
The number of clients/patients shall not exceed the number of clients for which the facility has been licensed and permitted by the Commonwealth of Pennsylvania. The facility shall only accept patients of an age for which the facility has been licensed and permitted by the Commonwealth of Pennsylvania.
H.
The facility shall comply with all relevant staffing requirements established by the Commonwealth of Pennsylvania for the operation of a treatment center including the provisions of Chapter 704 of Title 28 of the Pennsylvania Code setting forth staffing requirements for drug and alcohol treatment activities, 28 Pa. Code §§ 704.1 to 704.12.
I.
The facility shall comply with all relevant physical plant standards for residential facilities required by the Commonwealth of Pennsylvania for the operation and treatment center including the provisions of Chapter 705, Subchapter A, of Title 28 of the Pennsylvania Code setting forth physical plant standards for residential drug and alcohol treatment facilities, 28 Pa. Code §§ 704.1 to 704.11. The foregoing regulations include relevant requirements for the size of the bedrooms, the maximum number of residents that may share a bedroom, required common areas, bathroom provisions, food service, heating and cooling, general safety and emergency procedures, and fire safety with which the facility must comply.
J.
The facility shall operate and be staffed 24 hours per day. The facility shall establish a policy designating reasonable visiting hours for persons who wish to visit the clients or patients. The visiting hours shall not begin earlier than 8:00 a.m. and will not end later than 9:00 p.m.
K.
The facility shall consult with the relevant local emergency responders, including fire, police, and ambulance services, to coordinate and adopt an emergency response plan and protocol. The facility shall also have written procedures for staff and residents to follow in case of an emergency that shall include provisions for the evacuation of residents and staff to a safe location and the assignment of staff during emergencies.
L.
Provisions shall be made for water supply and sewerage disposal in accordance with accepted practice and applicable state, county, and Township regulations and standards. Provision shall be depicted on site plans.