Union Township Washington County, PA Zoning Ordinance

The Township Supervisors shall hear and decide requests for conditional uses; however, the Township Supervisors shall not approve a conditional use application unless and until:

A written application for conditional use approval is submitted to the Zoning Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A list of the names and addresses of all property owners within 300 feet of the entire perimeter of the property for which conditional use approval is requested, taken from the most recent records of the Washington County Tax Assessor's office. At least 14 days prior to the hearing, the Zoning Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed conditional uses:

Any proposed use which involves the construction of 50 or more multifamily dwellings.

Any proposed use in the C-1, C-2, C-3 or H-I District which involves the construction of a new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

The application fee as set by resolution of the Board of Supervisors.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A written recommendation is received from the Township Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.

A public hearing is conducted by the Township Supervisors pursuant to public notice.

The Township Supervisors render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.

If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by Chapter 242, Subdivision and Land Development, may be processed concurrently, provided all application requirements of both ordinances for a conditional use and a land development plan are met.

Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

Approval of uses by special exception.

The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A list of the names and addresses of all property owners within 300 feet of the entire perimeter of the property for which approval of the use by special exception is requested, taken from the most recent records of the Washington County Tax Assessor's office. At least 14 days prior to the hearing, the Board shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed uses by special exception:

Any proposed use in the C-1, C-2, C-3 and H-I Districts which involves the construction of any new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

The application fee required by § 280-140 of this chapter.

A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 280-137 of this chapter.

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 280-144.

If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by Chapter 242, Subdivision and Land Development, of this Code may be processed concurrently, provided all application requirements of both ordinances for a use by special exception and a land development plan are met.

Expiration of approval of a use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

§ 280-101 General standards.

In addition to the specific standards and criteria listed for each use in § 280-102 below, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:

The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.

The use shall comply with the performance standards of § 280-104.

The use shall comply with all applicable requirements of Article XVIII, governing parking and loading; Article XIX, governing signs; § 280-105, governing screening and landscaping; § 280-106, governing steep slopes and § 280-112, governing storage.

Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.

For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

Impact study requirements. Any multifamily and/or nonresidential use generating 200 or more vehicle trips per day as indicated by the most recent edition of the ITE Trip Generation Manual shall be required to submit an impact study. The submission of transit and traffic impact studies shall be mandatory; however, the submission of the other impact studies, as set forth herein, shall be at the sole discretion of the Township's Board of Supervisors.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

Types of impact studies:

Transportation and traffic impacts.

Environmental impacts.

Community impact analysis.

Standards for the above-listed impact analysis shall conform to the following provisions:

The transportation and traffic impact analysis shall contain the following:

A description of the transportation and traffic impact area, including its major roads and potential traffic-generation rates, to be determined by current acceptable traffic-generation references. The impact area shall incorporate all roads as required by the Pennsylvania Department of Transportation and, in other situations, as required by the Township's Engineer.

Existing twenty-four-hour and peak-hour traffic volume data will be provided for all streets that provide access to the proposed facility, and for all the collector and arterial streets that will serve the facility, as well as any major intersections within the impact area. The designation of the impact area, intersections and roads that are to be a part of the study shall be subject to review and approval by the Planning Commission.

Estimates of the total number of vehicle trips to be generated by the proposed use for a typical twenty-four-hour period, typical A.M. and P .M. peak periods, and maximum twenty-four-hour and peak-hour periods.

Assignment of future twenty-four-hour and peak-hour volumes to the road network and other streets that will serve the proposed facility based upon the projection of increased traffic volumes within the impact area.

Projected twenty-four-hour and peak-hour turning movements for all access points to the proposed facility at any major intersection used by traffic originating or destined for the proposed facility.

A capacity and level of service analysis on the major intersections and roadways that will be impacted by the additional volumes generated by the proposed use.

Accident analysis of all intersections and roadways within the impact area, categorized by accident type at each location.

Structural analysis of intersections and roadways that will be used by traffic originating at or destined for the proposed facility, including designation of areas of inferior design, inadequate maintenance, and the ability of the existing roads to carry traffic of the volumes and weights that will be using the roadway for access to or from the proposed facility.

A description of any street or road improvements that would be required in order to avoid problems or traffic congestion, traffic safety or deterioration to existing streets and roads because of increased traffic volume or weight of traffic.

The cost estimates for any proposed improvements that may be required.

Description of any action proposed or offered by the applicant to correct or alleviate the impact of the proposed facility on the transportation network.

The report shall contain the source of the standards used, a description of the procedures and analysis undertaken, and the recommendations and conclusions of the professionals who prepared the report.

Should the applicant's transportation system include non-road systems, the report shall contain the above analysis for said systems.

Environmental impact study. An environmental impact study shall be prepared and submitted with the application. The environmental impact study shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission. The environmental impact study shall include, but not be limited to:

Underlying geology and soils, including depth locations, types, characteristics and permeability or rock and soil types. All Class 1 soil types shall be mapped and identified.

Existing surface water, including ponds and streams, shall be mapped and identified. The analysis shall include sources and destinations of surface water runoff, pre- and post-development runoff volumes and rates, analysis of chemical additives, erosion and sedimentation control plans, and stormwater management facilities for the two-, five-, ten-, twenty-five-, and 100-year frequency storms to prevent any increase in runoff volumes or rates.

Existing and proposed impervious ground cover and the extent and type of existing and proposed vegetative ground cover.

Existing wetlands and the changes or steps proposed that would modify or protect the existing wetlands and their continued viability.

Existing and proposed elevations and contours, areas of slope in excess of 15%, and proposals to prevent erosion and damage to such steep slope areas.

Existing and proposed potable water and sanitary or industrial sewage disposal and/or treatment facilities.

An analysis of the impact of the proposed facility on existing plant and marine species, animal species, wildfowl and other birds, drainage and runoff, groundwater and surface water quantity and quality, wetlands, and historic, cultural or archeological sites.

The study shall identify all critical impact areas on or off site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, slopes in excess of 15%, Class 1 agricultural lands, highly acidic or erodible soils, carbonate or highly fractured bedrock, aquifer recharge and discharge areas, areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

Community impact study. A community impact study shall be prepared and submitted with the application. The study shall be prepared by a planner acceptable to the municipality. The study shall evaluate the impact of the proposed use upon existing community facilities and services with an emphasis upon recreation and open space, land uses with an emphasis upon preserving valuable agricultural lands, historic and cultural sites, scenic views and vistas, and emergency services and facilities with an emphasis upon police, fire and ambulance services, and, if applicable, any of the previously listed impacts on adjoining municipalities. The study shall, at a minimum, identify the following:

Any potential increased use of the above-listed community assets.

Any potential increased cost to the Township to provide additional facilities and services due to the impact of the proposed use.

An estimate of the amount of revenue to the Township generated by the proposed use.

Any proposed measures to mitigate impacts upon the above-listed community assets.

Any impact on fire, police, and/or emergency services.

All required county, state and federal requirements, permits and licenses shall be obtained prior to granting of conditional approval.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

The site shall be served by a municipal water supply and sanitary sewage system.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

§ 280-102 Standards for specific uses.

In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 280-101 above, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.

Adult businesses, subject to:

Adult businesses shall not be permitted in any zoning district other than the H-I Heavy Industrial District.

An adult business shall not be located within 1,000 feet of a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.

An adult business shall not be located within 5,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.

An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, day-care center or nursery school or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

Any adult business, other than an adult motel, which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or video cassette or other video or image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following:

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Township as an area in which patrons will not be permitted.

No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, nor shall the performers have easy access to the viewers present.

Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

The applicant shall agree to renew the certificate of occupancy in accordance with the requirements for annual renewal contained in § 280-149.

Animal hospital, subject to:

In the C-1 District, the minimum lot area required for an animal hospital shall be 20,000 square feet. In the R-D District, the minimum lot area required for an animal hospital with an outdoor kennel or outdoor runs shall be two acres. In the R-D District, the minimum lot area for an animal hospital without an outdoor kennel or outdoor runs shall be one acre.

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

Outdoor kennels shall be located at least 200 feet from any property line adjoining a residential use or zoning classification and at least 50 feet from any other property line.

In the C-1 District, overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building.

Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.

Odors shall be controlled so as to comply with the performance standards of § 280-104 of this chapter.

(3)

Apartment above office or retail, subject to:

Dwelling units shall not be located on street floor of any commercial building.

Dwelling units shall have a minimum habitable floor area of 800 square feet.

Dwelling units in basements or accessory garages shall not be permitted.

Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.

Two off-street parking spaces shall be provided for each dwelling unit. Shared parking for residential and commercial uses shall not be permitted.

(4)

Billboards, subject to;

All billboards shall be subject to the express standards and criteria contained in § 280-126 of this chapter.

(5)

Car wash, subject to:

All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure which has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 280-109 for drive-in businesses.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Any car wash which also dispenses gasoline shall meet all applicable requirements of § 280-102A(29), governing service stations.

(6)

Cemetery, subject to:

A minimum site of 10 acres shall be required.

A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for places of public assembly specified in Article XVIII.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites or burial structures shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

(7)

Churches, schools, including postsecondary schools, firehouses and public buildings, subject to:

The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

If the school includes dormitories, the dormitories shall be screened along any property line adjoining single-family use or zoning classification by Buffer Area "C," as defined by § 280-105A of this chapter.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.

All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-tall hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

(8)

Commercial communications tower, subject to:

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.

Any applicant proposing a new freestanding commercial communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing commercial communications tower. A good faith effort shall require that all owners within a one-fourth-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

The proposed equipment would exceed the structural capacity of the existing building, commercial communications tower or other structure, and reinforcement of the existing building tower or other structure cannot be accomplished at a reasonable cost.

The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.

Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

In the R-D Rural Development District, a commercial communications tower shall not be located closer than 1,000 feet to any other commercial communications tower.

The applicant shall demonstrate that the proposed height of the commercial communications tower is the minimum height necessary to function effectively.

The base of the commercial communications tower shall be set back from all property lines a minimum distance which represents 20% of the tower height, measured from the base of the antenna support structure at grade to the highest point of the structure.

An antenna which is proposed to be mounted on an existing building or structure, other than an existing commercial communications tower, shall not exceed the height of the building or structure by more than 20 feet.

The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

In the case of a freestanding commercial communications tower, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

All guy wires and guyed towers shall be clearly marked so as to be visible at all times.

Unless the commercial communications tower is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six-foot-high chain-link fence with self-latching gate to limit accessibility to the general public.

All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

Tower structures supporting antennas shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.

If the commercial communications tower is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the commercial communications tower is not fully automated, one parking space shall be provided for each employee on peak shift.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(9)

Commercial recreation, subject to:

The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The property shall be served by public water and public sewers.

Adequate sanitary facilities available to the public shall be provided.

Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height, with one or more locking gates which shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

(10)

Comparable uses not specifically listed, subject to:

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The number of employees;

The floor area of the building or gross area of the lot devoted to the proposed use;

The type of products, materials and equipment and/or processes involved in the proposed use;

The magnitude of walk-in trade; and

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 280-104 of this chapter.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a permitted use or use by special exception, the Zoning Hearing Board shall review the proposed use as a use by special exception and shall act on the proposed development plan.

If the proposed use is determined by the Zoning Hearing Board to be most nearly comparable to a conditional use, the Zoning Hearing Board shall forward the application to the Board of Supervisors to conduct a public hearing and act on the development plan in accordance with the requirements of § 280-100A.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

(11)

Conversion apartment, subject to:

Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.

Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

Each dwelling unit shall have a separate entrance directly to the outside.

The maximum number of dwelling units in the same residential building shall be four units.

Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

One and one-half off-street parking spaces shall be provided for each dwelling unit. The paving and design of the off-street parking spaces shall be in accordance with the requirements of § 280-117 of this chapter.

Where three or more off-street parking spaces are provided, the parking area shall be screened from adjoining single-family dwellings by a six-foot-high compact evergreen hedge.

All dwelling units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry and Chapter 113, Construction Codes, Uniform, of the Code.

(12)

Day-care center or preschool facility, subject to:

The facility shall be registered with or licensed by the commonwealth, if applicable.

In the R-D, R-1 and R-2 Zoning Districts, the facility shall be permitted to be located only in a church or school.

Outdoor play areas shall be provided, which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "C," as defined by § 280-105A of this chapter.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XVIII of this chapter.

(13)

Family day-care home, subject to:

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

Outdoor play areas shall have a minimum area of 600 square feet.

A safe area shall be provided for dropping off and picking up children, which does not obstruct the free flow of traffic on any public street.

The family day-care home shall be licensed by, or approved by, the commonwealth, as required by the laws of the commonwealth, and continued compliance with the license or approval and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day-care home.

All applicable criteria of § 280-102A(39), governing home occupations shall be met.

(14)

Funeral home, subject to:

The minimum lot area shall be 40,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

(15)

Group care facility, personal care boardinghome or transitional dwelling, subject to:

The minimum area and bulk regulations for a group care facility, personal care boardinghome or transitional dwelling shall be the same as those required for a principal use in the district in which the facility is located.

In the R-3 District, a group care facility or personal care boardinghome shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

No group care facility, personal care boardinghome or transitional dwelling shall be located within 1,000 feet of another existing or proposed group care facility, personal care boardinghome or transitional dwelling.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents, consistent with their needs, and the area shall be secured by a fence with self-latching gate.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

(16)

Hospital, clinic or nursing home, subject to:

The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township police department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

A private-use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:

Helipads shall be located at least 250 feet from any property line or public street.

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Lighting shall be shielded away from adjacent properties and streets.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).

(17)

Landfill, subject to:

The minimum site required shall be 100 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

Prior to beginning operations, the operator shall post a bond in favor of the Township and in a form acceptable to the Township Solicitor in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles travelling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area "A," as defined by § 280-105A of this chapter.

Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with all applicable federal and state laws regulating landfills.

The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the United States Environmental Protection Agency (EPA) prior to initiating any operation.

The required federal or state permits shall be maintained throughout the duration of all operations.

Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter, or both.

In January of each year, the operator shall apply to the Zoning Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and the required state or federal permits.

(18)

Light manufacturing, subject to:

All activities shall comply with the performance standards specified in § 280-104 of this chapter.

All materials and equipment shall be stored within a completely enclosed building.

The storage, handling, transportation and disposal of hazardous or potentially hazardous materials shall be in accordance with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

(19)

Mini warehouses or self-storage buildings, subject to:

The minimum site area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

Parking shall be provided in accordance with the following:

Two spaces for manager's quarters, if any;

One space for each 25 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective customers;

One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

Buffer area "A" shall be provided in accordance with the requirements of § 280-105A of this chapter along all property lines which adjoin residential use or zoning classification.

The perimeter of the site shall be fenced with a minimum eight-foot-high chain-link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

Maximum building height shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The minimum distance between storage buildings shall be 20 feet.

Maximum lot coverage by all buildings shall be 40%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises.

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

No sign shall be placed on the buildings or on their rooftops.

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

A minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.[1]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

(20)

Mineral removal, subject to:

Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (DEP) are met.

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

No mineral removal shall be conducted which will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

Lawful existing or permitted use of adjacent properties.

The quality or adequacy of any public or private water supply source.

Any flood-prone or landslide-prone areas within the Township.

The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed, which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state, county and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.

The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets which may be damaged during the mineral removal operations.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Supervisors to determine continuing compliance with these standards and criteria and any conditions of approval; the cost of inspection by the Township Engineer shall be borne by the operator.

(21)

Mobile home park, subject to:

The application shall comply with all applicable requirements of Chapter 242, Subdivision and Land Development, governing mobile home parks.

The minimum site required for a mobile home park shall be five acres.

The site shall be served by public sewers.

The minimum mobile home lot shall be 6,000 square feet.

The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.

Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 242, Subdivision and Land Development.

Each mobile home lot shall provide two off-street parking spaces.

(22)

Planned residential development, subject to:

Planned residential development shall be subject to all express standards and criteria contained in Article XV of this chapter.

(23)

Private club, subject to:

Any establishment which includes a restaurant or tavern shall be subject to the off-street parking requirements of Article XVIII for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

Activities on the site and within the building shall comply with the noise standards specified in § 280-104D of this chapter.

All off-street parking which adjoins residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

(24)

Public or private parking lot or parking garage, subject to:

All public or private parking lots or parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

All public or private parking lots or parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.

The design of any parking garage proposed to be located on property which adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential character of adjoining properties.

Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(25)

Public recreation and noncommercial recreation, subject to:

A minimum lot area of one acre shall be required; however, the minimum lot area required may be reduced to not less than 12,000 square feet for public facilities which are located in established neighborhoods within walking distance of the residents they are intended to serve and where no off-street parking is proposed for the facility.

All principal structures shall be located at least 30 feet from any property line.

Buffer area "C," as defined by § 280-105A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining residential use or zoning classification. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining residential use or zoning classification.

The use shall comply with the performance standards of § 280-104 of this chapter.

All lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

(26)

Public utility installation, subject to:

The minimum lot area required shall be 20,000 square feet.

Maintenance vehicles shall be stored within a completely enclosed building.

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot fence with locking gate and is screened by one-hundred-percent opaque screening material placed in the fencing or by a six-foot-high dense, compact evergreen hedge.

Any area of the building which is used for business offices shall comply with the parking requirements of Article XVIII of this chapter for that use. Any area of the building which is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

(27)

Retirement community, subject to:

The minimum site required for a retirement community shall be 20 acres.

The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to a street classified by this chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.

A retirement community may include one or more of the following dwelling types:

Single-family dwellings.

Two-family dwellings.

Townhouse buildings containing no more than five dwelling units per building.

Garden apartment buildings containing no more than 50 dwelling units per building.

In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

Common leisure and/or recreational areas.

Common dining area.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township:

Postal station for use of the residents and staff only;

Banking facility for use of the residents and staff only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boardinghome, provided the use meets all the conditional use criteria contained in § 280-102A(15);

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth; and

Taxi, van or similar transportation services for the residents.

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

No principal structure shall be less than 50 feet from any property line adjoining property in an R-D, R-1 or R-2 District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining property in an R-D, R-1 or R-2 District.

There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boardinghome is proposed, parking shall be provided in accordance with the requirements of § 280-118 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

(28)

Junkyard, subject to:

The minimum site required shall be 20 acres.

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste as defined by federal statute or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.

The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion, and shall prevent the accumulation of stagnant water.

The salvage yard operation shall comply with the performance standards of § 280-104 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height, supported on steel posts with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection A(28)(j), below.

The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

Buffer area "A," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.

The operator shall obtain a license from the Township prior to initiating operations, which shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Board of Supervisors and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

(29)

Service station, automobile, subject to:

All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All car washing areas shall discharge into public sanitary sewers.

All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right-of-way.

Canopies over gasoline pumps shall be subject to the requirements of § 280-106C(8).

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

All fuel, oil and similar substances shall be stored at least 25 feet from any property line.

The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 280-144 of this chapter.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(30)

Large-scale retail establishment, subject to:

[Amended 5-12-2008 by Ord. No. 2008-4; 8-24-2015 by Ord. No. 2015-02; 11-9-2015 by Ord. No. 2015-03]

The minimum site area required for a large-scale retail establishment with a building footprint of less than 100,000 square feet shall be 10 acres. The minimum site area required for a large-scale retail establishment with a building footprint greater than 100,000 square feet shall be required at a rate of an additional one acre for every additional 10,000 square feet of building footprint.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Once the improvements are completed in an approved large-scale retail establishment, lots within the approved and recorded large-scale retail establishment may be sold and developed as independent entities for any authorized use in the district.

Once a large-scale retail establishment is approved, subdivision of the property within the structure of the building may utilize a "zero" side yard to allow the division of the property along common or adjacent walls within the building or buildings for the purpose of leasing or transferring ownership of individual units within the large-scale retail establishment.

Outparcels located on the same site as an approved large-scale retail establishment may be subdivided without frontage on a public street, provided the outparcel has access to the interior circulation system on the site. All access to any such outparcels shall be from the interior circulation system only.

Following conditional use approval of a large-scale retail establishment site that proposes an outparcel or outparcels, the outparcel(s) may be developed independently, subject to the provisions of this section and land development plan approval as required by the Township Subdivision and Land Development Ordinance.[2] The outparcel(s) shall be included in the initial calculations for the traffic impact studies.

Editor's Note: See Ch. 242, Subdivision and Land Development.

For large-scale retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Once a large-scale retail establishment is approved, subdivision of the property within the structure of the building may utilize a "0" side yard to allow the division of the property along common or adjacent walls within the building or buildings for the purpose of leasing or transferring ownership of individual units within the large-scale retail establishment.

Following conditional use approval of a large-scale retail establishment site that proposes an outparcel or outparcels, the outparcel(s) may be developed independently, subject to the provisions of this chapter and land development plan approval as required by Chapter 242, Subdivision and Land Development. The outparcel(s) shall be included in the initial calculations for the traffic impact studies.

For large-scale commercial retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the large-scale retail establishment is located shall be permitted in the large-scale retail establishment.

Buffer area "A" shall be provided along all property lines which adjoin the R-D, R-1, R-2 or R-3 District.

The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements shall be dedicated for common access, where necessary.

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

For large-scale retail establishments that contain retail uses, shopping cart return stalls shall be provided in convenient locations throughout the parking areas based on a ratio of one cart return station for each 50 parking spaces.

For large-scale retail establishments, a lighting plan (photometric) shall be submitted with the conditional use application that demonstrates compliance with the following requirements:

Lighting plans with the following information shall be submitted for review and approval by the Township Engineer:

They shall include a schematic layout of all proposed exterior fixture locations, ISO footcandle data, and a plat demonstrating intensities and uniformities, and manufacturer's description of the equipment (catalog cuts), glare-control devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.

The applicant shall submit a visual photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use of the development site and on adjacent properties.

The developer shall provide the Township with a field-certified as-built plan for all exterior lighting.

Average minimum illumination levels in the parking areas of two footcandles;

No spillover lighting, at grade, on any adjacent street or at any property line of 0.2 footcandle; and

Parking lot lighting shall be reduced by 50% between the hours of 12:00 midnight and 7:00 a.m.

As per the Municipalities Planning Code,[3] the Township may charge fees to cover any costs for professional consultants, etc., to review the following design standards and/or impact studies, which shall apply to all large-scale retail establishments:

Facades and exterior walls.

Intent. Facades shall be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the community's identity, character, and scale. The intent is to encourage a more human scale that residents of Union Township will be able to identify with their community. The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants.

Standard. Developments with façade over 100 feet in linear length shall incorporate wall projections or recesses a minimum of three-foot depth and a minimum of 20 contiguous feet within each 100 feet of facade length and shall extend over 20% of the facade. Developments shall use animating features such as arcades, display windows, decorated facade windows, entry areas, or awnings along at least 60% of the facade.

Smaller retail stores.

Intent. The presence of smaller retail stores gives a center a "friendlier" appearance by creating variety, breaking up large expanses, and expanding the range of the site's activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The standards presented in this section are directed toward those situations where additional, smaller stores, with separate, exterior customer entrances are located in the principal buildings or development site.

Standard. Where principal buildings contain additional, separately owned stores which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances:

The street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the horizontal length of the building façade of such additional stores.

Windows shall be recessed and should include visually prominent sills, shutters, or other such forms for framing.

Detail features.

Intent. Buildings shall have architectural features and patterns that provide visual interest at the scale of the pedestrian, reduce massive aesthetic effect, and recognize local character. The elements in the following standard should be integral parts of the building fabric, and not superficially applied trim or graphics or paint.

Standard. Building facades shall include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

Color change.

Texture change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches as an offset, reveal, or projecting rib.

Roofs.

Intent. Variations in rooflines shall be used to add interest to and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods.

Standard. Rooflines shall be varied with a change in height every 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and rooftop equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan.

Materials and colors.

Intent. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.

Guideline.

Predominant exterior building materials shall be high-quality materials. These include, without limitation:

Brick.

Wood.

Sandstone.

Other native stone.

Tinted, textured, concrete masonry units.

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Predominant exterior building materials as well as accents should not include the following:

Smooth-faced concrete block.

Prefabricated steel panels.

Entryways.

Intent. Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features.

Standard. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no fewer than three of the following:

Canopies or porticos.

Overhangs.

Recesses/projections.

Arcades.

[v]

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor patios.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

[x]

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Site design and relationship to the surrounding community.

Entrances.

Intent. Large retail buildings shall feature entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where entrances offer access to individual stores, or identified departments in a store. Multiple entrances also mitigate the effect of the unbroken walls and neglected areas that often characterize building facades that face bordering land uses.

Standard. All sides of a principal building that directly face an abutting public or private right-of-way shall feature at least one entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. The number of entrances for the principal building shall be addressed at the preliminary development plan stage. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.

Parking lot orientation.

Intent. Parking areas shall provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.

Standard. No more than 60% of the off-street parking area for the entire property shall be located between the front facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by outlot development (such as restaurants) and additional tree plantings and/or berms.

Back and sides.

Intent. The rear or sides of buildings often present an unattractive view of blank walls, loading areas, storage areas, HVAC units, garbage receptacles, and other such features. Architectural and landscaping features shall mitigate these impacts. Any back or side of a building visible from a public or private right-of-way shall be built in accordance with the guidelines for entrances. The Board may waive this requirement as part of the development plan.

Standard. The minimum setback for any building facade shall be in accordance with the zoning district requirements. Where the facade faces adjacent residential uses, an earthen berm shall be installed, no less than six feet in height, containing at a minimum a double row of evergreen or deciduous trees planted at intervals of 15 feet on center. Additional landscaping may be required by the Township, upon recommendation by the Planning Commission, to effectively buffer adjacent land use as deemed appropriate. All additional landscape requirements of this chapter shall apply.

Outdoor storage, trash collection and loading areas.

Intent. Outdoor storage, trash collection and loading areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, shall be screened, landscaped, recessed and/or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than forty feet apart, or on those sides of buildings that do not have customer entrances.

Standard.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrianway.

[C]

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

[D]

Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings.

[E]

Temporary sales/displays, such as Christmas trees, landscape materials, and fireworks, shall follow all outdoor requirements for the district as described in this chapter. Location and time/duration of such sales/displays shall be reviewed and approved by the Zoning Officer or appointed designee.

Pedestrian and bicycle flows.

Intent. Pedestrian and bicycle accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian and bicyclist safety, shelter, and convenience within the center grounds.

Standard.

Pedestrian sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public or private right-of-way. The Township, upon recommendation from the Planning Commission, may waive this requirement as part of the development plan.

Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground cover, or other such material for no less than 50% of their length.

[C]

Pedestrian sidewalks, no less than five feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

[D]

Internal pedestrian walkways provided in conformance with Subsection A(30)(r)[7][e][ii][B] above shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances, constructed parallel to the facade of the building. This is not intended to extend into the driving aisles or parking areas.

[E]

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Signs shall be installed to designate pedestrian walkways.

[F]

The Township may also require the installation of bicycle paths where available evidence indicates that such facilities would contribute to public safety.

{1} Bicycle paths shall have a width of eight feet and shall be located on a twenty-foot-wide right-of-way. The right-of-way shall be for the purpose of ensuring the right of use of the bicycle path by the general public and as an adequate area for maintenance.

{2} Bicycle paths shall be constructed in accordance with AASHTO standards.

Central features and community spaces.

Intent. Buildings shall offer attractive and inviting pedestrian-scale features, spaces and amenities. Entrances and parking lots shall be configured to be functional and inviting, with walkways conveniently tied to logical destinations. Bus stops and dropoff/pickup points shall be considered as integral parts of the configuration. Pedestrianways shall be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces. The features and spaces shall enhance the building and the center as integral parts of the community fabric.

Standard. Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkways, outdoor play area, kiosk area, water feature, clock tower, steeple, or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Planning Commission and Township, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Areas shall be provided or designed to accommodate public bus service and the growing number of private bus services. Any public-transit-related plans shall be submitted for review by the local transit provider(s) for possible recommendations.

Editor's Note: See 53 P.S. § 10101 et seq.

(31)

Slaughterhouse, subject to:

In the R-D District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on site for sale.

Nonfarm animals killed in hunting season may be butchered at the slaughterhouse.

In the H-I District, the slaughter and dressing of farm animals raised off site shall be permitted.

In the H-I District, a perimeter setback of 200 feet shall be provided along all property lines.

In the H-I District, buffer area "A," as defined in § 280-105A of this chapter, shall be provided along all property lines adjoining an R-D, R-1, R-2 or R-3 District.

(32)

Supporting commercial uses in the A-P District, subject to:

The applicant shall demonstrate that the proposed use is related to aviation or to the needs of persons utilizing the airport.

The proposed supporting commercial uses shall be limited to no more than 25% of the total area devoted to airport use in the A-P District.

Ingress, egress and traffic circulation for the supporting commercial uses shall be carefully coordinated with the overall pattern of traffic circulation for aviation uses to minimize congestion and potential traffic hazards.

(33)

Temporary uses or structures, other than construction trailers, subject to:

Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.

Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this section. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval under this section.

A transient merchant license as required by Township ordinance shall be obtained.[4]

Editor's Note: See Ch. 188, Peddling and Soliciting.

In the C-1, C-2 or C-3 District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

The preparation and serving of food which is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, an occupancy permit shall be obtained from the Borough Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this subsection.

Evidence of an approved permit from the PA DEP or its successor agency.

The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.

The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk there shall be maintained a minimum of five feet of unobstructed width for the passage of pedestrians and, in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.

No noise or odor shall emanate from such outdoor area where food is prepared and/or served which adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

The activity shall comply with all applicable requirements of the Township Fire Code.[5]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

The site intended to be used for the preparation and/or serving of food shall provide rest room facilities available to the public, unless the existing business on the site has rest room facilities which will be available to the public visiting the temporary use.

The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Township against any liability resulting from such use.

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 280-118 for the proposed use.

Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

(34)

Truck and heavy equipment rental, sales and service, subject to:

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for its safe and lawful operation.

(35)

Vehicle rental, sales and service, subject to:

New and used vehicle sales and service establishments shall be limited to those establishments which are factory authorized dealerships or which have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

The minimum lot area required shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Township Engineer.

All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

Customer car washing areas shall discharge into public sanitary sewers.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed or offered for sale which does not have a current registration and inspection sticker and all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot, or on any merchandise displayed outdoors.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Customer vehicles with external damage awaiting repairs shall be located either inside a building or in an outdoor area which is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(36)

Vehicle repair garage, subject to:

Such use shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

There shall be no more than four vehicles displayed for sale on the premises at any one time.

All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions in accordance with the Township Building Code.[6]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection Agency (EPA).

(37)

Private-use helipad, subject to:

A private-use helipad shall be located at least 500 feet from any property line or public street.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The use of the helipad shall be limited to helicopters owned by the landowner.

Maintenance of the helicopter, other than emergency maintenance, and permanent storage of the helicopter shall not be permitted on the private-use helipad.

Storage of fuel at the private-use helipad shall not be permitted.

Clear areas for emergency landings of the helicopter in the event of mechanical failure on approach or departure shall be provided. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the private-use helipad.

The operation of the private-use helipad shall comply with the noise standards of § 280-104D.

(38)

Private garages and storage structures exceeding 800 square feet of gross floor area, subject to:

Accessory storage structures and private garages in excess of 800 square feet shall comply with the front, rear and side yard requirements for principal structures in the zoning district. All other applicable requirements for accessory structures in the zoning district shall apply.

All principal and accessory structures on the lot shall comply with the maximum permitted lot coverage.

The use of the accessory storage building or private garage shall be limited to storage of personal and household property and/or personal or business vehicles of the owner or lessee of the lot.

No portion of the accessory storage structure or private garage shall be leased, nor shall any person not resident on the lot utilize the storage structure or private garage.

The accessory storage structure or private garage shall not be used for the conduct of a business or for any temporary or permanent dwelling purposes.

(39)

Home occupations, subject to:

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No one who is not a resident of the dwelling unit shall be employed in the dwelling unit.

In the R-1, R-2 and R-3 Districts, the home occupation shall be carried on wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure. In the R-D District, the home occupation may be carried on in an accessory structure.

No more than 25% of the gross floor area of a single floor in the principal dwelling shall be devoted to the conduct of the home occupation. Where the floor area of one or more of the several floors of the dwelling differs, the area of the smallest floor shall be used to calculate the 25%.

There shall be no on-site production of articles for sale in the home occupation, other than customary handicrafts made by the resident, which may be produced for sale off the premises. Such articles shall not be displayed in quantity for sale on the premises, except that samples may be kept for the purpose of accepting orders.

There shall be no display on the premises of merchandise available for sale which has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business.

There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than two square feet in surface area containing only the name of the resident and the nature of the home occupation, which may be attached to the wall of the dwelling or to the mailbox.

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 280-104 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

In the R-1, R-2 and R-3 Districts, the home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises.

There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of Article XVIII for the specific use in addition to the spaces required for the dwelling.

The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:

Beauty shops or barbershops containing more than two chairs;

Blacksmith or metal working;

Boarding stables;

Clinics, hospitals or nursing homes;

Funeral homes;

Group care facility, personal care boardinghome or transitional dwelling;

Kennels, veterinary offices and clinics;

Private clubs;

Private instruction to more than five students at a time;

Restaurants or tea rooms;

Retail or wholesale sales; flea markets;

Tanning or massage salon;

Tourist or boardinghome, other than bed-and-breakfast;

Vehicle or equipment rental, repair or sales in the R-1, R-2 and R-3 Districts; and

Vehicle repair garages in the R-1, R-2 and R-3 Districts.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

Artist, photographer or handicrafts studio;

Catering off the premises;

Contracting business;

Computer programmer, data processor, writer;

Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

Dressmaker, tailor;

Professional offices which involve routine visitation by customers or clients;

Housekeeping or custodial services;

Interior designer;

Jewelry and/or watch repair, not including wholesale or retail sales;

Lawnmower and small engine repair, in the R-D District only;

Locksmith;

Mail order business;

Manufacturer's representative;

Repair of small household appliances that can be hand carried, in the R-D District only;

Telemarketing;

[17]

Travel agent;

[18]

Tutoring or any other instruction to no more than five students at any one time; and

[19]

Word processing, typing, secretarial services.

The acceptability of a home occupation not specifically listed in § 280-102A(39)(p) shall be determined by the Board of Supervisors, in accordance with the express standards and criteria specified in Subsection A(39)(a) through (o) above. Any person aggrieved by the decision of the Board of Supervisors may appeal that decision to the Township Zoning Hearing Board within 30 days of the date of the decision of the Board of Supervisors approving or denying the conditional use application for the home occupation.

(40)

Oil and gas activity. Oil and gas drilling sites, natural gas compressor stations and natural gas processing plants shall be evaluated as a conditional use, subject to the following express standards and criteria:

[Added 7-26-2010 by Ord. No. 2010-3]

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site.

The oil and gas drill sites shall only be permitted to occur on property in all zoning configurations and with a minimum of 10 contiguous acres or larger. Multiple property owners can combine adjoining parcels to achieve the minimum 10 acres required.

Prior to beginning any work on a drill site (excluding staking, surveying and matters related thereto), the applicant shall submit to the Township a copy of all permits (general, ESCGP-1) issued by the Pennsylvania Department of Environmental Protection (PA DEP). In addition, the Township shall be provided copies of all plans (erosion and sedimentation control, grading, etc.) required by PA DEP. All required permits shall be maintained throughout the duration of the drilling operation. Any suspension or revocation of permits by PA DEP shall be reported to the Township and shall constitute a violation of Township zoning approval and may result in the suspension or revocation of zoning approval.

Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Township shall be provided a copy of the highway occupancy permit.

The applicant must provide the Township with a plan showing the proposed truck routes to be utilized during the drilling operation. The proposed hauling routes must be designed to minimize the impact on collector, connector and local streets within the Township. The Township reserves the right to designate required truck hauling routes throughout the Township.

The applicant or owner of the oil or gas well and any or all subcontractors shall execute an access maintenance agreement with the Township for a permit and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads damaged as a result of hauling associated with the drilling operation.

Use of Township roads for hauling equipment and material shall not be permitted when roads are being used to transport students to and from school. The operators shall coordinate their efforts with the local school district and any private schools.

In accordance with the appropriate Township ordinance, as amended, driveways accessing the drill site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the drill site. The impervious material shall be in place prior to the commencement of the drilling operation.

The applicable volunteer fire departments, the Township EMS coordinator, the County EMS coordinator and the County 911 office and the ambulance service provider shall be provided a list of all chemicals or waste products used or produced by the oil or gas drilling operation.

The Township shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day for each day of the week.

The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. The location of said gate shall be to the satisfaction of the Township.

Lighting. No drill site lighting used for the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties.

Dust, vibration, odors. All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with the best accepted practices and to the Township's complete satisfaction. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful effects are minimized by the operations carried on at the drill site to avoid injury to persons living in the vicinity.

Noise. The Township may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance, depending on the location of a proposed drill site to adjacent residential properties and as more specifically set forth in this chapter.

All drill site pads, off-site fracture ponds, natural gas compressor station and natural gas processing plant shall be secured with a temporary fence with a secured gate, as follows:

The fence shall be a minimum of six feet in height, chain link with green fabric mesh.

The fencing shall be in place throughout the drill operation and until the fracture pond is removed.

The chain-link fence shall have a minimum thickness of 11 gauge.

At the time of conditional use application, a survey of the drill site with all permanent facilities (tanks or other surface installations) with locations and distances to property lines shall be filed with the application.

All permanent facilities shall be painted an earth-tone color to blend in with the surrounding area. The Township may require fencing and/or landscaping to buffer the facilities from adjacent properties in accordance with this chapter, as amended.

After the drilling operation is complete, the drill operator shall clean the site, complete all restoration activities and repair any damage to public property caused by such operations within 60 days. Operator shall maintain a six-foot chain-link fence around the established wellhead site.

After any spill, leak or malfunction, the operator shall remove or cause to be removed to the satisfaction of the applicable volunteer fire department chief, Township EMS coordinator, County EMS coordinator, County 911 office and the PA DEP inspectors all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations must begin immediately upon knowledge that a spill, leak or malfunction occurs.

(t)

The public street entrance and the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials.

(u)

The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinance and regulations promulgated to protect the environment or otherwise relating to environmental matters.

(v)

Union Township reserves the right to impose any other additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular drilling site.

(w)

All applicants for a conditional use shall reimburse Union Township all professional consultant fees, advertising and cost of public hearings incurred by the Township related to application for activities authorized by this chapter. Additionally, all applicants shall reimburse the Township for consulting fees and cost incurred in enforcing this chapter upon a finding of violation by a Magisterial District Judge.

(x)

All applicants submitting a conditional use request, per production operation, for activities authorized by this chapter, shall do so on an application form provided by Union Township and shall submit an application fee in an amount as set from time to time by resolution of the Board of Supervisors, which fee shall be applied to the costs referenced in this chapter, as amended. All applicants will be invoiced on a monthly basis for the costs referenced in Subsection A(40)(w) herein, and such costs will be due within 30 days of mailing. This fee may be amended by resolution. Any costs that exceed said fee shall be the responsibility of the applicant.[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(y)

A preparedness, prevention and contingency plan, as required by and filed with the Pennsylvania Department of Environmental Protection, shall be submitted to the Township, volunteer fire department, Township EMS coordinator and County EMS coordinator.

(z)

The applicant agrees to provide an emergency response plan for local fire departments, Township EMS coordinator and County EMS coordinator, as follows: During the well drilling activities, the fire department or departments will be directed by the well company's competent person on the scene on how to handle the situation at hand. After well drilling activities are completed, when no competent person is on site, evacuate and isolate the area 350 feet around the affected site and contact the Department of Environmental Protection emergency response number, (800) 541-2050. If there is a life-or-death situation after well drilling activities are completed and someone is in the immediate danger zone, the officers of the fire department shall use their best judgment to make sure there are no dangers such as fire, electrocution, high-pressure release, etc. Best judgment is to be used while maintaining a perimeter and waiting for well company personnel to arrive or advise.

(aa)

Applicants must file a conditional use application and pay the required application fees. The application must contain the following information:

Survey of the drilling unit and the approximate location of the proposed well site or well sites.

A calendar concerning well site development and drilling activities that indicates the following:

Site preparation beginnings and endings.

Anticipated drilling activity beginnings and endings.

Anticipated completion (perforating) work to begin and end.

Anticipated stimulation (fracturing) work to begin and end.

Anticipated production work to begin and end.

Anticipated plugging date.

A list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads.

A copy of applicant's preparedness, prevention and contingency (PPC) plan.

Outline of training program for Township's first responders.

Information on lighting at the drill site and wellhead or any other area being developed.

Information on anticipated noise levels at drill site.

A map showing the planned access route to the well site from public roads.

A description of the size and composition of the access road to be installed to the drill site.

Applicant's erosion and sedimentation control plan.

A well survey plat showing the planned surface location of the wells, and a list of the property owners in the well unit, and acreage participation by each landowner.

Copy of drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).

Grading and excavation plan for drill site.

Information concerning construction trailers to be located on the site.

Compressor station — building plans.

Copy of applicable stormwater permit issued by any and all appropriate state, local and Township agencies.

(bb)

Township recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the appropriate steps to minimize, to the extent practicable, the noise resulting from the development:

Prior to development of a well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The test for ambient noise level shall be conducted at intervals of three hours or less during the seventy-two-hour period set forth herein. The sound level meter used in conducting this evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and associated recording and analyzing equipment which will provide equivalent data.

The operator shall maintain documentation of this seventy-two-hour evaluation at its offices. This documentation shall be made available to the Township's Zoning Officer within three business days upon request.

The noise generated during development, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation):

By more than 15 decibels during the hours of 6:00 a.m. to 10:00 p.m.;

By more than 10 decibels during the hours of 10:00 p.m. to 6:00 a.m.; or

By more than 20 decibels during fracing or flowback operations.

Adjustments to the forgoing noise limits may be permitted in accordance with the following:

	Permitted Increase (dBA)	Duration of Increase (minutes)*
	5	15
	10	5
	15	1
	20	1

	NOTE:
	*	Cumulative minutes during one hour.

If a complaint is received by the Township from any person, whether a resident or otherwise, using the protected structure for any lawful purpose within 1,000 feet from the wellhead or equipment generating noise, the operator shall, within 24 hours of receipt of the complaint from the Township, continuously monitor for a forty-eight-hour period which is the closer to the complainant's building of:

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure.

All workover operations shall be restricted to the hours of 7:00 a.m. to 8:00 p.m., except during emergencies, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.

The Township reserves the right to add specific conditions for those circumstances involving noise for natural gas compressor stations, natural gas facilities, natural gas processing plants, and other facilities related to the production, development, etc., of natural gas and its constituents.

(cc)

Any change in traffic flow and/or direction on Township roads caused, created or the result thereof by any activity involving matters set forth herein shall be coordinated with and agreed to by the Township. Any cost incurred by the Township for traffic control for matters set forth herein shall be the responsibility of the applicant and/or operator.

(dd)

The applicant and/or operator shall not be permitted to use the Township stormwater facilities unless a written application is made to the Township and the Township consents to the same in writing.

(ee)

The applicant and/or operator shall provide the Township with a copy of the material safety data sheets, as required by the Pennsylvania Worker and Community Right-to-Know Act of 1984.

(ff)

The applicant and/or operator shall provide the Township with information as to the names, addresses of every contractor and subcontractor and their respective employees that are to work at the proposed site.

(gg)

The applicant and/or operator agrees to submit any and all forms in order to assist the Township in the collection of earned income tax, local services tax and other applicable taxes from any and all contractors, subcontractors and their respective employees.

Union Township Washington County
City Zoning Code

ARTICLE XVI

Conditional Uses and Uses by Special Exception

§ 280-99 Applicability.

The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all zoning districts.

§ 280-100 Procedure for approval.

Approval of conditional uses.

The Township Supervisors shall hear and decide requests for conditional uses; however, the Township Supervisors shall not approve a conditional use application unless and until:

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed conditional uses:

Any proposed use which involves the construction of 50 or more multifamily dwellings.

The application fee as set by resolution of the Board of Supervisors.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A public hearing is conducted by the Township Supervisors pursuant to public notice.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Approval of uses by special exception.

The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed uses by special exception:

The application fee required by § 280-140 of this chapter.

§ 280-101 General standards.

The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.

The use shall comply with the performance standards of § 280-104.

Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.

For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

Types of impact studies:

Transportation and traffic impacts.

Environmental impacts.

Community impact analysis.

Standards for the above-listed impact analysis shall conform to the following provisions:

The transportation and traffic impact analysis shall contain the following:

Projected twenty-four-hour and peak-hour turning movements for all access points to the proposed facility at any major intersection used by traffic originating or destined for the proposed facility.

A capacity and level of service analysis on the major intersections and roadways that will be impacted by the additional volumes generated by the proposed use.

Accident analysis of all intersections and roadways within the impact area, categorized by accident type at each location.

The cost estimates for any proposed improvements that may be required.

Description of any action proposed or offered by the applicant to correct or alleviate the impact of the proposed facility on the transportation network.

Should the applicant's transportation system include non-road systems, the report shall contain the above analysis for said systems.

Underlying geology and soils, including depth locations, types, characteristics and permeability or rock and soil types. All Class 1 soil types shall be mapped and identified.

Existing and proposed impervious ground cover and the extent and type of existing and proposed vegetative ground cover.

Existing wetlands and the changes or steps proposed that would modify or protect the existing wetlands and their continued viability.

Existing and proposed elevations and contours, areas of slope in excess of 15%, and proposals to prevent erosion and damage to such steep slope areas.

Existing and proposed potable water and sanitary or industrial sewage disposal and/or treatment facilities.

Any potential increased use of the above-listed community assets.

Any potential increased cost to the Township to provide additional facilities and services due to the impact of the proposed use.

An estimate of the amount of revenue to the Township generated by the proposed use.

Any proposed measures to mitigate impacts upon the above-listed community assets.

Any impact on fire, police, and/or emergency services.

All required county, state and federal requirements, permits and licenses shall be obtained prior to granting of conditional approval.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

The site shall be served by a municipal water supply and sanitary sewage system.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

§ 280-102 Standards for specific uses.

Adult businesses, subject to:

Adult businesses shall not be permitted in any zoning district other than the H-I Heavy Industrial District.

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

The applicant shall agree to renew the certificate of occupancy in accordance with the requirements for annual renewal contained in § 280-149.

Animal hospital, subject to:

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

Outdoor kennels shall be located at least 200 feet from any property line adjoining a residential use or zoning classification and at least 50 feet from any other property line.

In the C-1 District, overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building.

Odors shall be controlled so as to comply with the performance standards of § 280-104 of this chapter.

(3)

Apartment above office or retail, subject to:

Dwelling units shall not be located on street floor of any commercial building.

Dwelling units shall have a minimum habitable floor area of 800 square feet.

Dwelling units in basements or accessory garages shall not be permitted.

Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.

Two off-street parking spaces shall be provided for each dwelling unit. Shared parking for residential and commercial uses shall not be permitted.

(4)

Billboards, subject to;

All billboards shall be subject to the express standards and criteria contained in § 280-126 of this chapter.

(5)

Car wash, subject to:

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 280-109 for drive-in businesses.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Any car wash which also dispenses gasoline shall meet all applicable requirements of § 280-102A(29), governing service stations.

(6)

Cemetery, subject to:

A minimum site of 10 acres shall be required.

A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for places of public assembly specified in Article XVIII.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites or burial structures shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

(7)

Churches, schools, including postsecondary schools, firehouses and public buildings, subject to:

The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.

All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-tall hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

(8)

Commercial communications tower, subject to:

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.

Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

In the R-D Rural Development District, a commercial communications tower shall not be located closer than 1,000 feet to any other commercial communications tower.

The applicant shall demonstrate that the proposed height of the commercial communications tower is the minimum height necessary to function effectively.

All guy wires and guyed towers shall be clearly marked so as to be visible at all times.

All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

Tower structures supporting antennas shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(9)

Commercial recreation, subject to:

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The property shall be served by public water and public sewers.

Adequate sanitary facilities available to the public shall be provided.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height, with one or more locking gates which shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

(10)

Comparable uses not specifically listed, subject to:

The number of employees;

The floor area of the building or gross area of the lot devoted to the proposed use;

The type of products, materials and equipment and/or processes involved in the proposed use;

The magnitude of walk-in trade; and

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 280-104 of this chapter.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

(11)

Conversion apartment, subject to:

Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.

Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

Each dwelling unit shall have a separate entrance directly to the outside.

The maximum number of dwelling units in the same residential building shall be four units.

Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

Where three or more off-street parking spaces are provided, the parking area shall be screened from adjoining single-family dwellings by a six-foot-high compact evergreen hedge.

All dwelling units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry and Chapter 113, Construction Codes, Uniform, of the Code.

(12)

Day-care center or preschool facility, subject to:

The facility shall be registered with or licensed by the commonwealth, if applicable.

In the R-D, R-1 and R-2 Zoning Districts, the facility shall be permitted to be located only in a church or school.

Outdoor play areas shall be provided, which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "C," as defined by § 280-105A of this chapter.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XVIII of this chapter.

(13)

Family day-care home, subject to:

Outdoor play areas shall have a minimum area of 600 square feet.

A safe area shall be provided for dropping off and picking up children, which does not obstruct the free flow of traffic on any public street.

All applicable criteria of § 280-102A(39), governing home occupations shall be met.

(14)

Funeral home, subject to:

The minimum lot area shall be 40,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

(15)

Group care facility, personal care boardinghome or transitional dwelling, subject to:

In the R-3 District, a group care facility or personal care boardinghome shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents, consistent with their needs, and the area shall be secured by a fence with self-latching gate.

(16)

Hospital, clinic or nursing home, subject to:

The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township police department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

A private-use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:

Helipads shall be located at least 250 feet from any property line or public street.

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Lighting shall be shielded away from adjacent properties and streets.

(17)

Landfill, subject to:

The minimum site required shall be 100 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area "A," as defined by § 280-105A of this chapter.

Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with all applicable federal and state laws regulating landfills.

The required federal or state permits shall be maintained throughout the duration of all operations.

(18)

Light manufacturing, subject to:

All activities shall comply with the performance standards specified in § 280-104 of this chapter.

All materials and equipment shall be stored within a completely enclosed building.

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

(19)

Mini warehouses or self-storage buildings, subject to:

The minimum site area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

Parking shall be provided in accordance with the following:

Two spaces for manager's quarters, if any;

One space for each 25 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective customers;

One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

Buffer area "A" shall be provided in accordance with the requirements of § 280-105A of this chapter along all property lines which adjoin residential use or zoning classification.

Maximum building height shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The minimum distance between storage buildings shall be 20 feet.

Maximum lot coverage by all buildings shall be 40%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises.

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

No sign shall be placed on the buildings or on their rooftops.

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

A minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.[1]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

(20)

Mineral removal, subject to:

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

Lawful existing or permitted use of adjacent properties.

The quality or adequacy of any public or private water supply source.

Any flood-prone or landslide-prone areas within the Township.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

Mobile home park, subject to:

The application shall comply with all applicable requirements of Chapter 242, Subdivision and Land Development, governing mobile home parks.

The minimum site required for a mobile home park shall be five acres.

The site shall be served by public sewers.

The minimum mobile home lot shall be 6,000 square feet.

Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 242, Subdivision and Land Development.

Each mobile home lot shall provide two off-street parking spaces.

(22)

Planned residential development, subject to:

Planned residential development shall be subject to all express standards and criteria contained in Article XV of this chapter.

(23)

Private club, subject to:

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

Activities on the site and within the building shall comply with the noise standards specified in § 280-104D of this chapter.

All off-street parking which adjoins residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

(24)

Public or private parking lot or parking garage, subject to:

All public or private parking lots or parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(25)

Public recreation and noncommercial recreation, subject to:

All principal structures shall be located at least 30 feet from any property line.

The use shall comply with the performance standards of § 280-104 of this chapter.

All lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

(26)

Public utility installation, subject to:

The minimum lot area required shall be 20,000 square feet.

Maintenance vehicles shall be stored within a completely enclosed building.

(27)

Retirement community, subject to:

The minimum site required for a retirement community shall be 20 acres.

A retirement community may include one or more of the following dwelling types:

Single-family dwellings.

Two-family dwellings.

Townhouse buildings containing no more than five dwelling units per building.

Garden apartment buildings containing no more than 50 dwelling units per building.

In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

Common leisure and/or recreational areas.

Common dining area.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township:

Postal station for use of the residents and staff only;

Banking facility for use of the residents and staff only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boardinghome, provided the use meets all the conditional use criteria contained in § 280-102A(15);

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth; and

Taxi, van or similar transportation services for the residents.

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining property in an R-D, R-1 or R-2 District.

(28)

Junkyard, subject to:

The minimum site required shall be 20 acres.

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste as defined by federal statute or other organic waste shall be stored on the premises.

The salvage yard operation shall comply with the performance standards of § 280-104 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.

The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

Buffer area "A," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.

(29)

Service station, automobile, subject to:

All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All car washing areas shall discharge into public sanitary sewers.

All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right-of-way.

Canopies over gasoline pumps shall be subject to the requirements of § 280-106C(8).

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

All fuel, oil and similar substances shall be stored at least 25 feet from any property line.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(30)

Large-scale retail establishment, subject to:

[Amended 5-12-2008 by Ord. No. 2008-4; 8-24-2015 by Ord. No. 2015-02; 11-9-2015 by Ord. No. 2015-03]

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Editor's Note: See Ch. 242, Subdivision and Land Development.

For large-scale retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Following conditional use approval of a large-scale retail establishment site that proposes an outparcel or outparcels, the outparcel(s) may be developed independently, subject to the provisions of this chapter and land development plan approval as required by Chapter 242, Subdivision and Land Development. The outparcel(s) shall be included in the initial calculations for the traffic impact studies.

For large-scale commercial retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Buffer area "A" shall be provided along all property lines which adjoin the R-D, R-1, R-2 or R-3 District.

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

For large-scale retail establishments, a lighting plan (photometric) shall be submitted with the conditional use application that demonstrates compliance with the following requirements:

Lighting plans with the following information shall be submitted for review and approval by the Township Engineer:

The developer shall provide the Township with a field-certified as-built plan for all exterior lighting.

Average minimum illumination levels in the parking areas of two footcandles;

No spillover lighting, at grade, on any adjacent street or at any property line of 0.2 footcandle; and

Parking lot lighting shall be reduced by 50% between the hours of 12:00 midnight and 7:00 a.m.

Facades and exterior walls.

Smaller retail stores.

Standard. Where principal buildings contain additional, separately owned stores which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances:

Windows shall be recessed and should include visually prominent sills, shutters, or other such forms for framing.

Detail features.

Color change.

Texture change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches as an offset, reveal, or projecting rib.

Roofs.

Intent. Variations in rooflines shall be used to add interest to and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods.

Materials and colors.

Guideline.

Predominant exterior building materials shall be high-quality materials. These include, without limitation:

Brick.

Wood.

Sandstone.

Other native stone.

Tinted, textured, concrete masonry units.

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Predominant exterior building materials as well as accents should not include the following:

Smooth-faced concrete block.

Prefabricated steel panels.

Entryways.

Intent. Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features.

Standard. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no fewer than three of the following:

Canopies or porticos.

Overhangs.

Recesses/projections.

Arcades.

[v]

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor patios.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

[x]

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Site design and relationship to the surrounding community.

Entrances.

Parking lot orientation.

Back and sides.

Outdoor storage, trash collection and loading areas.

Standard.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrianway.

Pedestrian and bicycle flows.

Standard.

The Township may also require the installation of bicycle paths where available evidence indicates that such facilities would contribute to public safety.

{2} Bicycle paths shall be constructed in accordance with AASHTO standards.

Central features and community spaces.

Editor's Note: See 53 P.S. § 10101 et seq.

(31)

Slaughterhouse, subject to:

In the R-D District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on site for sale.

Nonfarm animals killed in hunting season may be butchered at the slaughterhouse.

In the H-I District, the slaughter and dressing of farm animals raised off site shall be permitted.

In the H-I District, a perimeter setback of 200 feet shall be provided along all property lines.

In the H-I District, buffer area "A," as defined in § 280-105A of this chapter, shall be provided along all property lines adjoining an R-D, R-1, R-2 or R-3 District.

(32)

Supporting commercial uses in the A-P District, subject to:

The applicant shall demonstrate that the proposed use is related to aviation or to the needs of persons utilizing the airport.

The proposed supporting commercial uses shall be limited to no more than 25% of the total area devoted to airport use in the A-P District.

(33)

Temporary uses or structures, other than construction trailers, subject to:

A transient merchant license as required by Township ordinance shall be obtained.[4]

Editor's Note: See Ch. 188, Peddling and Soliciting.

In the C-1, C-2 or C-3 District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

Evidence of an approved permit from the PA DEP or its successor agency.

The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.

No noise or odor shall emanate from such outdoor area where food is prepared and/or served which adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

The activity shall comply with all applicable requirements of the Township Fire Code.[5]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 280-118 for the proposed use.

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

(34)

Truck and heavy equipment rental, sales and service, subject to:

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for its safe and lawful operation.

(35)

Vehicle rental, sales and service, subject to:

The minimum lot area required shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

Customer car washing areas shall discharge into public sanitary sewers.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot, or on any merchandise displayed outdoors.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(36)

Vehicle repair garage, subject to:

Such use shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

There shall be no more than four vehicles displayed for sale on the premises at any one time.

All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions in accordance with the Township Building Code.[6]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

(37)

Private-use helipad, subject to:

A private-use helipad shall be located at least 500 feet from any property line or public street.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The use of the helipad shall be limited to helicopters owned by the landowner.

Maintenance of the helicopter, other than emergency maintenance, and permanent storage of the helicopter shall not be permitted on the private-use helipad.

Storage of fuel at the private-use helipad shall not be permitted.

The operation of the private-use helipad shall comply with the noise standards of § 280-104D.

(38)

Private garages and storage structures exceeding 800 square feet of gross floor area, subject to:

All principal and accessory structures on the lot shall comply with the maximum permitted lot coverage.

The use of the accessory storage building or private garage shall be limited to storage of personal and household property and/or personal or business vehicles of the owner or lessee of the lot.

No portion of the accessory storage structure or private garage shall be leased, nor shall any person not resident on the lot utilize the storage structure or private garage.

The accessory storage structure or private garage shall not be used for the conduct of a business or for any temporary or permanent dwelling purposes.

(39)

Home occupations, subject to:

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No one who is not a resident of the dwelling unit shall be employed in the dwelling unit.

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 280-104 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Beauty shops or barbershops containing more than two chairs;

Blacksmith or metal working;

Boarding stables;

Clinics, hospitals or nursing homes;

Funeral homes;

Group care facility, personal care boardinghome or transitional dwelling;

Kennels, veterinary offices and clinics;

Private clubs;

Private instruction to more than five students at a time;

Restaurants or tea rooms;

Retail or wholesale sales; flea markets;

Tanning or massage salon;

Tourist or boardinghome, other than bed-and-breakfast;

Vehicle or equipment rental, repair or sales in the R-1, R-2 and R-3 Districts; and

Vehicle repair garages in the R-1, R-2 and R-3 Districts.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

Artist, photographer or handicrafts studio;

Catering off the premises;

Contracting business;

Computer programmer, data processor, writer;

Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

Dressmaker, tailor;

Professional offices which involve routine visitation by customers or clients;

Housekeeping or custodial services;

Interior designer;

Jewelry and/or watch repair, not including wholesale or retail sales;

Lawnmower and small engine repair, in the R-D District only;

Locksmith;

Mail order business;

Manufacturer's representative;

Repair of small household appliances that can be hand carried, in the R-D District only;

Telemarketing;

[17]

Travel agent;

[18]

Tutoring or any other instruction to no more than five students at any one time; and

[19]

Word processing, typing, secretarial services.

(40)

[Added 7-26-2010 by Ord. No. 2010-3]

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site.

The Township shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day for each day of the week.

All drill site pads, off-site fracture ponds, natural gas compressor station and natural gas processing plant shall be secured with a temporary fence with a secured gate, as follows:

The fence shall be a minimum of six feet in height, chain link with green fabric mesh.

The fencing shall be in place throughout the drill operation and until the fracture pond is removed.

The chain-link fence shall have a minimum thickness of 11 gauge.

The public street entrance and the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(y)

(z)

(aa)

Applicants must file a conditional use application and pay the required application fees. The application must contain the following information:

Survey of the drilling unit and the approximate location of the proposed well site or well sites.

A calendar concerning well site development and drilling activities that indicates the following:

Site preparation beginnings and endings.

Anticipated drilling activity beginnings and endings.

Anticipated completion (perforating) work to begin and end.

Anticipated stimulation (fracturing) work to begin and end.

Anticipated production work to begin and end.

Anticipated plugging date.

A list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads.

A copy of applicant's preparedness, prevention and contingency (PPC) plan.

Outline of training program for Township's first responders.

Information on lighting at the drill site and wellhead or any other area being developed.

Information on anticipated noise levels at drill site.

A map showing the planned access route to the well site from public roads.

A description of the size and composition of the access road to be installed to the drill site.

Applicant's erosion and sedimentation control plan.

A well survey plat showing the planned surface location of the wells, and a list of the property owners in the well unit, and acreage participation by each landowner.

Copy of drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).

Grading and excavation plan for drill site.

Information concerning construction trailers to be located on the site.

Compressor station — building plans.

Copy of applicable stormwater permit issued by any and all appropriate state, local and Township agencies.

By more than 15 decibels during the hours of 6:00 a.m. to 10:00 p.m.;

By more than 10 decibels during the hours of 10:00 p.m. to 6:00 a.m.; or

By more than 20 decibels during fracing or flowback operations.

Adjustments to the forgoing noise limits may be permitted in accordance with the following:

	Permitted Increase (dBA)	Duration of Increase (minutes)*
	5	15
	10	5
	15	1
	20	1

	NOTE:
	*	Cumulative minutes during one hour.

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or

One hundred feet from the protected structure.

The applicant and/or operator shall not be permitted to use the Township stormwater facilities unless a written application is made to the Township and the Township consents to the same in writing.

(ee)

The applicant and/or operator shall provide the Township with a copy of the material safety data sheets, as required by the Pennsylvania Worker and Community Right-to-Know Act of 1984.

(ff)

(gg)

Union Township Washington County
City Zoning Code

ARTICLE XVI

Conditional Uses and Uses by Special Exception

§ 280-99 Applicability.

The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all zoning districts.

§ 280-100 Procedure for approval.

Approval of conditional uses.

The Township Supervisors shall hear and decide requests for conditional uses; however, the Township Supervisors shall not approve a conditional use application unless and until:

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed conditional uses:

Any proposed use which involves the construction of 50 or more multifamily dwellings.

The application fee as set by resolution of the Board of Supervisors.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A public hearing is conducted by the Township Supervisors pursuant to public notice.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Approval of uses by special exception.

The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

A traffic impact analysis prepared by a registered traffic engineer for the following proposed uses by special exception:

The application fee required by § 280-140 of this chapter.

§ 280-101 General standards.

The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.

The use shall comply with the performance standards of § 280-104.

Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.

For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

Types of impact studies:

Transportation and traffic impacts.

Environmental impacts.

Community impact analysis.

Standards for the above-listed impact analysis shall conform to the following provisions:

The transportation and traffic impact analysis shall contain the following:

Projected twenty-four-hour and peak-hour turning movements for all access points to the proposed facility at any major intersection used by traffic originating or destined for the proposed facility.

A capacity and level of service analysis on the major intersections and roadways that will be impacted by the additional volumes generated by the proposed use.

Accident analysis of all intersections and roadways within the impact area, categorized by accident type at each location.

The cost estimates for any proposed improvements that may be required.

Description of any action proposed or offered by the applicant to correct or alleviate the impact of the proposed facility on the transportation network.

Should the applicant's transportation system include non-road systems, the report shall contain the above analysis for said systems.

Underlying geology and soils, including depth locations, types, characteristics and permeability or rock and soil types. All Class 1 soil types shall be mapped and identified.

Existing and proposed impervious ground cover and the extent and type of existing and proposed vegetative ground cover.

Existing wetlands and the changes or steps proposed that would modify or protect the existing wetlands and their continued viability.

Existing and proposed elevations and contours, areas of slope in excess of 15%, and proposals to prevent erosion and damage to such steep slope areas.

Existing and proposed potable water and sanitary or industrial sewage disposal and/or treatment facilities.

Any potential increased use of the above-listed community assets.

Any potential increased cost to the Township to provide additional facilities and services due to the impact of the proposed use.

An estimate of the amount of revenue to the Township generated by the proposed use.

Any proposed measures to mitigate impacts upon the above-listed community assets.

Any impact on fire, police, and/or emergency services.

All required county, state and federal requirements, permits and licenses shall be obtained prior to granting of conditional approval.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

The site shall be served by a municipal water supply and sanitary sewage system.

[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]

§ 280-102 Standards for specific uses.

Adult businesses, subject to:

Adult businesses shall not be permitted in any zoning district other than the H-I Heavy Industrial District.

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

The applicant shall agree to renew the certificate of occupancy in accordance with the requirements for annual renewal contained in § 280-149.

Animal hospital, subject to:

All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

Outdoor kennels shall be located at least 200 feet from any property line adjoining a residential use or zoning classification and at least 50 feet from any other property line.

In the C-1 District, overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building.

Odors shall be controlled so as to comply with the performance standards of § 280-104 of this chapter.

(3)

Apartment above office or retail, subject to:

Dwelling units shall not be located on street floor of any commercial building.

Dwelling units shall have a minimum habitable floor area of 800 square feet.

Dwelling units in basements or accessory garages shall not be permitted.

Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.

Two off-street parking spaces shall be provided for each dwelling unit. Shared parking for residential and commercial uses shall not be permitted.

(4)

Billboards, subject to;

All billboards shall be subject to the express standards and criteria contained in § 280-126 of this chapter.

(5)

Car wash, subject to:

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 280-109 for drive-in businesses.

The facility shall be connected to public sanitary and storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Any car wash which also dispenses gasoline shall meet all applicable requirements of § 280-102A(29), governing service stations.

(6)

Cemetery, subject to:

A minimum site of 10 acres shall be required.

A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for places of public assembly specified in Article XVIII.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites or burial structures shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

(7)

Churches, schools, including postsecondary schools, firehouses and public buildings, subject to:

The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment.

All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-tall hedge or opaque fence.

The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

(8)

Commercial communications tower, subject to:

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.

Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

In the R-D Rural Development District, a commercial communications tower shall not be located closer than 1,000 feet to any other commercial communications tower.

The applicant shall demonstrate that the proposed height of the commercial communications tower is the minimum height necessary to function effectively.

All guy wires and guyed towers shall be clearly marked so as to be visible at all times.

All tower structures shall be fitted with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

Tower structures supporting antennas shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(9)

Commercial recreation, subject to:

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The property shall be served by public water and public sewers.

Adequate sanitary facilities available to the public shall be provided.

Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height, with one or more locking gates which shall remain secured when the facility is not in use.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

(10)

Comparable uses not specifically listed, subject to:

The number of employees;

The floor area of the building or gross area of the lot devoted to the proposed use;

The type of products, materials and equipment and/or processes involved in the proposed use;

The magnitude of walk-in trade; and

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 280-104 of this chapter.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

(11)

Conversion apartment, subject to:

Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.

Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

Each dwelling unit shall have a separate entrance directly to the outside.

The maximum number of dwelling units in the same residential building shall be four units.

Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

Where three or more off-street parking spaces are provided, the parking area shall be screened from adjoining single-family dwellings by a six-foot-high compact evergreen hedge.

All dwelling units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry and Chapter 113, Construction Codes, Uniform, of the Code.

(12)

Day-care center or preschool facility, subject to:

The facility shall be registered with or licensed by the commonwealth, if applicable.

In the R-D, R-1 and R-2 Zoning Districts, the facility shall be permitted to be located only in a church or school.

Outdoor play areas shall be provided, which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "C," as defined by § 280-105A of this chapter.

The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

Off-street parking shall be provided in accordance with the requirements of Article XVIII of this chapter.

(13)

Family day-care home, subject to:

Outdoor play areas shall have a minimum area of 600 square feet.

A safe area shall be provided for dropping off and picking up children, which does not obstruct the free flow of traffic on any public street.

All applicable criteria of § 280-102A(39), governing home occupations shall be met.

(14)

Funeral home, subject to:

The minimum lot area shall be 40,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street.

All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

(15)

Group care facility, personal care boardinghome or transitional dwelling, subject to:

In the R-3 District, a group care facility or personal care boardinghome shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents, consistent with their needs, and the area shall be secured by a fence with self-latching gate.

(16)

Hospital, clinic or nursing home, subject to:

The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township police department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B," as defined by § 280-105A of this chapter.

A private-use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:

Helipads shall be located at least 250 feet from any property line or public street.

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

Lighting shall be shielded away from adjacent properties and streets.

(17)

Landfill, subject to:

The minimum site required shall be 100 acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

A tire-washing station shall be located on the site to service trucks exiting the facility.

Landfill operations shall not be conducted within 200 feet of any property lines adjoining residential use or zoning district classification.

All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area "A," as defined by § 280-105A of this chapter.

Fencing at least six feet in height shall be provided around any work area for security and to control windblown refuse.

The applicant shall show compliance with all applicable federal and state laws regulating landfills.

The required federal or state permits shall be maintained throughout the duration of all operations.

(18)

Light manufacturing, subject to:

All activities shall comply with the performance standards specified in § 280-104 of this chapter.

All materials and equipment shall be stored within a completely enclosed building.

Adequate public utilities shall be available to meet the requirements of the proposed manufacturing processes.

Adjacent public streets shall be adequate to accommodate the traffic volumes and weight limits associated with truck traffic to and from the site.

(19)

Mini warehouses or self-storage buildings, subject to:

The minimum site area required shall be two acres.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

Parking shall be provided in accordance with the following:

Two spaces for manager's quarters, if any;

One space for each 25 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective customers;

One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

Buffer area "A" shall be provided in accordance with the requirements of § 280-105A of this chapter along all property lines which adjoin residential use or zoning classification.

Maximum building height shall be 20 feet.

The maximum length of any storage building shall be 200 feet.

The minimum distance between storage buildings shall be 20 feet.

Maximum lot coverage by all buildings shall be 40%.

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

Storage units shall not be equipped with water or sanitary sewer service.

No business activity other than rental of storage units shall be conducted on the premises.

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

No sign shall be placed on the buildings or on their rooftops.

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

A minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.[1]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

(20)

Mineral removal, subject to:

There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.

No mineral removal shall be conducted within 100 feet of a cemetery.

No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

Lawful existing or permitted use of adjacent properties.

The quality or adequacy of any public or private water supply source.

Any flood-prone or landslide-prone areas within the Township.

Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

Mobile home park, subject to:

The application shall comply with all applicable requirements of Chapter 242, Subdivision and Land Development, governing mobile home parks.

The minimum site required for a mobile home park shall be five acres.

The site shall be served by public sewers.

The minimum mobile home lot shall be 6,000 square feet.

Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 242, Subdivision and Land Development.

Each mobile home lot shall provide two off-street parking spaces.

(22)

Planned residential development, subject to:

Planned residential development shall be subject to all express standards and criteria contained in Article XV of this chapter.

(23)

Private club, subject to:

Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

Activities on the site and within the building shall comply with the noise standards specified in § 280-104D of this chapter.

All off-street parking which adjoins residential zoning classification shall be screened by a six-foot-high dense, compact evergreen hedge.

(24)

Public or private parking lot or parking garage, subject to:

All public or private parking lots or parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(25)

Public recreation and noncommercial recreation, subject to:

All principal structures shall be located at least 30 feet from any property line.

The use shall comply with the performance standards of § 280-104 of this chapter.

All lighting shall be shielded away from adjoining streets and properties.

Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

(26)

Public utility installation, subject to:

The minimum lot area required shall be 20,000 square feet.

Maintenance vehicles shall be stored within a completely enclosed building.

(27)

Retirement community, subject to:

The minimum site required for a retirement community shall be 20 acres.

A retirement community may include one or more of the following dwelling types:

Single-family dwellings.

Two-family dwellings.

Townhouse buildings containing no more than five dwelling units per building.

Garden apartment buildings containing no more than 50 dwelling units per building.

In addition to the foregoing dwelling types, a retirement community shall include the following supporting uses:

Common leisure and/or recreational areas.

Common dining area.

In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township:

Postal station for use of the residents and staff only;

Banking facility for use of the residents and staff only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boardinghome, provided the use meets all the conditional use criteria contained in § 280-102A(15);

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth; and

Taxi, van or similar transportation services for the residents.

The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining property in an R-D, R-1 or R-2 District.

(28)

Junkyard, subject to:

The minimum site required shall be 20 acres.

The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste as defined by federal statute or other organic waste shall be stored on the premises.

The salvage yard operation shall comply with the performance standards of § 280-104 of this chapter.

No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.

The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

Buffer area "A," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.

(29)

Service station, automobile, subject to:

All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All car washing areas shall discharge into public sanitary sewers.

All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right-of-way.

Canopies over gasoline pumps shall be subject to the requirements of § 280-106C(8).

Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

All fuel, oil and similar substances shall be stored at least 25 feet from any property line.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(30)

Large-scale retail establishment, subject to:

[Amended 5-12-2008 by Ord. No. 2008-4; 8-24-2015 by Ord. No. 2015-02; 11-9-2015 by Ord. No. 2015-03]

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

Editor's Note: See Ch. 242, Subdivision and Land Development.

For large-scale retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Following conditional use approval of a large-scale retail establishment site that proposes an outparcel or outparcels, the outparcel(s) may be developed independently, subject to the provisions of this chapter and land development plan approval as required by Chapter 242, Subdivision and Land Development. The outparcel(s) shall be included in the initial calculations for the traffic impact studies.

For large-scale commercial retail establishments containing multiple uses, a master sign plan, as required by § 280-125C, as amended, shall be submitted with the application for conditional use.

Buffer area "A" shall be provided along all property lines which adjoin the R-D, R-1, R-2 or R-3 District.

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

For large-scale retail establishments, a lighting plan (photometric) shall be submitted with the conditional use application that demonstrates compliance with the following requirements:

Lighting plans with the following information shall be submitted for review and approval by the Township Engineer:

The developer shall provide the Township with a field-certified as-built plan for all exterior lighting.

Average minimum illumination levels in the parking areas of two footcandles;

No spillover lighting, at grade, on any adjacent street or at any property line of 0.2 footcandle; and

Parking lot lighting shall be reduced by 50% between the hours of 12:00 midnight and 7:00 a.m.

Facades and exterior walls.

Smaller retail stores.

Standard. Where principal buildings contain additional, separately owned stores which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances:

Windows shall be recessed and should include visually prominent sills, shutters, or other such forms for framing.

Detail features.

Color change.

Texture change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches as an offset, reveal, or projecting rib.

Roofs.

Intent. Variations in rooflines shall be used to add interest to and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods.

Materials and colors.

Guideline.

Predominant exterior building materials shall be high-quality materials. These include, without limitation:

Brick.

Wood.

Sandstone.

Other native stone.

Tinted, textured, concrete masonry units.

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Predominant exterior building materials as well as accents should not include the following:

Smooth-faced concrete block.

Prefabricated steel panels.

Entryways.

Intent. Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features.

Standard. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no fewer than three of the following:

Canopies or porticos.

Overhangs.

Recesses/projections.

Arcades.

[v]

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor patios.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

[x]

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Site design and relationship to the surrounding community.

Entrances.

Parking lot orientation.

Back and sides.

Outdoor storage, trash collection and loading areas.

Standard.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrianway.

Pedestrian and bicycle flows.

Standard.

The Township may also require the installation of bicycle paths where available evidence indicates that such facilities would contribute to public safety.

{2} Bicycle paths shall be constructed in accordance with AASHTO standards.

Central features and community spaces.

Editor's Note: See 53 P.S. § 10101 et seq.

(31)

Slaughterhouse, subject to:

In the R-D District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on site for sale.

Nonfarm animals killed in hunting season may be butchered at the slaughterhouse.

In the H-I District, the slaughter and dressing of farm animals raised off site shall be permitted.

In the H-I District, a perimeter setback of 200 feet shall be provided along all property lines.

In the H-I District, buffer area "A," as defined in § 280-105A of this chapter, shall be provided along all property lines adjoining an R-D, R-1, R-2 or R-3 District.

(32)

Supporting commercial uses in the A-P District, subject to:

The applicant shall demonstrate that the proposed use is related to aviation or to the needs of persons utilizing the airport.

The proposed supporting commercial uses shall be limited to no more than 25% of the total area devoted to airport use in the A-P District.

(33)

Temporary uses or structures, other than construction trailers, subject to:

A transient merchant license as required by Township ordinance shall be obtained.[4]

Editor's Note: See Ch. 188, Peddling and Soliciting.

In the C-1, C-2 or C-3 District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

Evidence of an approved permit from the PA DEP or its successor agency.

The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.

No noise or odor shall emanate from such outdoor area where food is prepared and/or served which adversely affects any adjoining residentially zoned property within 300 feet of the outdoor area.

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

The activity shall comply with all applicable requirements of the Township Fire Code.[5]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 280-118 for the proposed use.

Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

(34)

Truck and heavy equipment rental, sales and service, subject to:

The minimum site required shall be one acre.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

No vehicle shall be displayed or offered for sale which does not have all of the mechanical and body components necessary for its safe and lawful operation.

(35)

Vehicle rental, sales and service, subject to:

The minimum lot area required shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street.

Customer car washing areas shall discharge into public sanitary sewers.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot, or on any merchandise displayed outdoors.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

(36)

Vehicle repair garage, subject to:

Such use shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

Buffer area "B," as defined by § 280-105A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

There shall be no more than four vehicles displayed for sale on the premises at any one time.

All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions in accordance with the Township Building Code.[6]

Editor's Note: See Ch. 113, Construction Codes, Uniform.

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

(37)

Private-use helipad, subject to:

A private-use helipad shall be located at least 500 feet from any property line or public street.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

The use of the helipad shall be limited to helicopters owned by the landowner.

Maintenance of the helicopter, other than emergency maintenance, and permanent storage of the helicopter shall not be permitted on the private-use helipad.

Storage of fuel at the private-use helipad shall not be permitted.

The operation of the private-use helipad shall comply with the noise standards of § 280-104D.

(38)

Private garages and storage structures exceeding 800 square feet of gross floor area, subject to:

All principal and accessory structures on the lot shall comply with the maximum permitted lot coverage.

The use of the accessory storage building or private garage shall be limited to storage of personal and household property and/or personal or business vehicles of the owner or lessee of the lot.

No portion of the accessory storage structure or private garage shall be leased, nor shall any person not resident on the lot utilize the storage structure or private garage.

The accessory storage structure or private garage shall not be used for the conduct of a business or for any temporary or permanent dwelling purposes.

(39)

Home occupations, subject to:

The home occupation shall be carried on by a member of the family residing in the dwelling unit. No one who is not a resident of the dwelling unit shall be employed in the dwelling unit.

The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 280-104 of this chapter.

The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

There shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

Beauty shops or barbershops containing more than two chairs;

Blacksmith or metal working;

Boarding stables;

Clinics, hospitals or nursing homes;

Funeral homes;

Group care facility, personal care boardinghome or transitional dwelling;

Kennels, veterinary offices and clinics;

Private clubs;

Private instruction to more than five students at a time;

Restaurants or tea rooms;

Retail or wholesale sales; flea markets;

Tanning or massage salon;

Tourist or boardinghome, other than bed-and-breakfast;

Vehicle or equipment rental, repair or sales in the R-1, R-2 and R-3 Districts; and

Vehicle repair garages in the R-1, R-2 and R-3 Districts.

The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

Artist, photographer or handicrafts studio;

Catering off the premises;

Contracting business;

Computer programmer, data processor, writer;

Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

Dressmaker, tailor;

Professional offices which involve routine visitation by customers or clients;

Housekeeping or custodial services;

Interior designer;

Jewelry and/or watch repair, not including wholesale or retail sales;

Lawnmower and small engine repair, in the R-D District only;

Locksmith;

Mail order business;

Manufacturer's representative;

Repair of small household appliances that can be hand carried, in the R-D District only;

Telemarketing;

[17]

Travel agent;

[18]

Tutoring or any other instruction to no more than five students at any one time; and

[19]

Word processing, typing, secretarial services.

(40)

[Added 7-26-2010 by Ord. No. 2010-3]

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site.

The Township shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day for each day of the week.

All drill site pads, off-site fracture ponds, natural gas compressor station and natural gas processing plant shall be secured with a temporary fence with a secured gate, as follows:

The fence shall be a minimum of six feet in height, chain link with green fabric mesh.

The fencing shall be in place throughout the drill operation and until the fracture pond is removed.

The chain-link fence shall have a minimum thickness of 11 gauge.

The public street entrance and the property on which a drill site is located shall at all times be kept free of mud, debris, trash or other waste materials.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(y)

(z)

(aa)

Applicants must file a conditional use application and pay the required application fees. The application must contain the following information:

Survey of the drilling unit and the approximate location of the proposed well site or well sites.

A calendar concerning well site development and drilling activities that indicates the following:

Site preparation beginnings and endings.

Anticipated drilling activity beginnings and endings.

Anticipated completion (perforating) work to begin and end.

Anticipated stimulation (fracturing) work to begin and end.

Anticipated production work to begin and end.

Anticipated plugging date.

A list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads.

A copy of applicant's preparedness, prevention and contingency (PPC) plan.

Outline of training program for Township's first responders.

Information on lighting at the drill site and wellhead or any other area being developed.

Information on anticipated noise levels at drill site.

A map showing the planned access route to the well site from public roads.

A description of the size and composition of the access road to be installed to the drill site.

Applicant's erosion and sedimentation control plan.

A well survey plat showing the planned surface location of the wells, and a list of the property owners in the well unit, and acreage participation by each landowner.

Copy of drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP).

Grading and excavation plan for drill site.

Information concerning construction trailers to be located on the site.

Compressor station — building plans.

Copy of applicable stormwater permit issued by any and all appropriate state, local and Township agencies.

By more than 15 decibels during the hours of 6:00 a.m. to 10:00 p.m.;

By more than 10 decibels during the hours of 10:00 p.m. to 6:00 a.m.; or

By more than 20 decibels during fracing or flowback operations.

Adjustments to the forgoing noise limits may be permitted in accordance with the following:

	Permitted Increase (dBA)	Duration of Increase (minutes)*
	5	15
	10	5
	15	1
	20	1

	NOTE:
	*	Cumulative minutes during one hour.

The complainant's protected structure property line nearest to the well site or equipment generating the noise; or