Upper Burrell Township
City Zoning Code
City Zoning Code
ARTICLE XV
Express Standards and Criteria for Granting Conditional Uses and Uses by Special Exception
§ 350-90 Applicability.
The following procedures shall apply to all applications for approval of a conditional use or use by special exception in all zoning districts.
§ 350-91 Procedure for approval.
A.
Approval of conditional use. The Board of Supervisors shall hear and decide requests for conditional uses; however, the Board of Supervisors shall not approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Township Secretary or his/her designated representative 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)
A preliminary land development plan, if required by Chapter 292, Subdivision and Land Development, or, if a land development plan is not required, 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.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(c)
A Traffic Impact Study, as defined herein, for any use that, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, will generate 75 or more additional trips during the adjacent street's peak hours.
(2)
A written recommendation is received from the Township Planning Commission.
(3)
A public hearing is conducted by the Board of Supervisors pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time.
(4)
Each subsequent hearing before the Board of Supervisors shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
(5)
The Board of Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(6)
Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearings as specified in Subsection A(3) and (4) above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing, or on the record, to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Supervisors to meet or render a decision as provided herein, the Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(7)
In considering an application for conditional use approval, the Board of Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this 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 § 350-138 of this chapter.
B.
Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant, if no application for 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.
C.
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:
(1)
A written application for approval of a use by special exception is submitted to the Zoning Officer or his/her designated representative at least 20 working days prior to the Zoning Hearing Board meeting at which the appeal is to be heard. 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)
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.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(c)
A traffic impact study, as defined herein, for any use that, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, will generate 75 or more additional trips during the adjacent street's peak hours.
(2)
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, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 350-131 of this chapter.
(3)
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 § 350-138 of this chapter.
(4)
If land development approval is required for the use by special exception, the application for approval of a land development required by Chapter 292, Subdivision and Land Development, shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
D.
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.
§ 350-92 General standards.
In addition to the specific standards and criteria listed for each use in § 350-93 below, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare, nor deteriorate the environment, as a result of being located on the property where it is proposed.
D.
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
E.
Outdoor lighting, if proposed, shall be designed with cutoff luminaires that direct and cut off the light at a cutoff angle of 60° or less. (See illustration in Appendix B.[1]) Spillover illumination shall not exceed 0.2 footcandle at the property line.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
F.
For all uses that 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.
§ 350-93 Standards for specific uses.
A.
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 350-92 above, an application for any of the following uses that are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
(1)
Active recreation, low-impact and high-impact, subject to:
(a)
The minimum site required for low-impact active recreation where only one activity is proposed shall be one acre.
(b)
The minimum site required for low-impact active recreation where more than one activity is proposed shall be five acres.
(c)
The minimum site required for high-impact active recreation with fewer than 200 participants and/or spectators shall be 10 acres.
(d)
The minimum site required for high-impact active recreation with 200 or more participants and/or spectators shall be 50 acres.
(e)
The site proposed for high-impact active recreation shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, or the nearest site boundary shall be located no more than 1,000 feet, measured along public street rights-of-way, of an intersection with an arterial or collector street.
(f)
The minimum setback for principal and accessory structures proposed for low-impact active recreation shall comply with the setback requirements of the district in which they are located.
(g)
The minimum setback for all principal and accessory structures for high-impact active recreation shall be 300 feet from any property line adjoining an R-A, R-1, R-2 or R-3 District and shall be 100 feet from any property line adjoining any other zoning district.
(h)
Along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District, Buffer Area "C," as described in § 350-96A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used facilities such as playing fields or courts, bleachers, pavilions, concession stands and similar facilities associated with passive recreation and low-impact active recreation.
(i)
Along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District, Buffer Area "A," as described in § 350-96A, shall be provided for an adequate distance along the property line to screen all parking areas, principal structures and intensively used areas associated with high-impact active recreation.
(k)
All lighting shall be shielded away from adjoining streets and properties.
(l)
Any outdoor facilities shall cease operations at 11:00 p.m.
(m)
If outdoor loudspeakers are proposed, the applicant shall present a plan for noise attenuation.
(n)
For high-impact active recreation uses, a plan for security and traffic control during events shall be presented.
(o)
Adequate security shall be provided when the site is not in use.
(2)
Adult business, subject to:
(a)
Adult businesses, as defined by this chapter, shall not be permitted in any zoning district other than the I Industrial District.
(b)
An adult business shall not be located within 1,000 feet of any of the following uses: a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or preschool; public park or residential dwelling. The distance shall be 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.
(c)
Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:
[1]
At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
[2]
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the 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 person is permitted access for any purpose from at least one of the manager's stations. The view required by this subsection shall be by direct line of sight from the manager's station.
[3]
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Township as an area in which patrons will not be permitted.
[4]
No viewing room shall be occupied by more than one person at a time. No connections or openings to an adjoining viewing room shall be permitted.
[5]
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 0.5 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.
[6]
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 and the performers shall not have easy access to the viewers present.
(d)
The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.
(e)
No stock-in-trade that depicts nudity or sexual conduct, as defined herein, shall be permitted to be viewed from the sidewalk, street or highway.
(f)
No signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.
(g)
Windows shall not be covered or made opaque in any way.
(h)
Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.
(i)
Owners and operators of adult businesses shall obtain a license to operate from the Township. In addition, such owners or operators shall supply to the Township such information regarding ownership and financing of the proposed business as is required by the Township's licensing application. Applications for licensing shall be filed with the Township Secretary.
(j)
The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Township Secretary by November 1 of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of zoning compliance for the adult business.
(3)
Airports; airstrips, subject to:
(a)
The conditional use application shall show the following information:
[1]
The approximate location, use and height of all structures within 2,600 lineal feet of the ends of landing strips and within 1,200 lineal feet of the sides of landing strips.
[2]
The exact location of landing strips and the use and height of structures on the immediate property.
[3]
The anticipated types of aircraft to be accommodated and the volume of activity contemplated.
[4]
Plans for lighting and fuel handling.
[5]
Copies of required approvals from all state and federal agencies responsible for regulation of aircraft and aircraft facility operations.
(b)
Lighting shall be shielded away from adjacent properties and streets.
(c)
The applicant shall submit a report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the Federal Aviation Administration (FAA) referred to in 14 CFR, Part 150, § A150.103.
(d)
The applicant shall submit proof of ownership of liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
(e)
No takeoffs or landings shall occur between the hours of 9:00 p.m. and 6:00 a.m.
(4)
Apartment above office or retail, subject to:
(a)
Dwelling units shall be located on the second floor or, if located on the first floor, shall be in a separate unit from the business.
(b)
Dwelling units shall have a minimum habitable floor area of 800 square feet.
(c)
Dwelling units in basements or accessory garages shall not be permitted.
(d)
Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use.
(e)
One and one-half off-street parking spaces shall be provided for each dwelling unit, with a minimum of two spaces devoted to dwelling units. Shared parking for residential and commercial uses shall not be permitted.
(5)
Assisted-living facility; independent living facility, subject to:
(a)
The minimum site required shall be five acres.
(b)
The maximum dwelling unit density shall be 12 units per acre.
(d)
In addition, an assisted-living facility or independent living facility may include one or more of the following supporting uses, subject to approval by the Township:
[1]
Postal station for use of the residents and staff only;
[2]
Banking facility for use of the residents and staff only;
[3]
Pharmacy and/or medical offices for use of the residents only;
[4]
Personal services for the use of the residents only, including beauty shop, barber shop, common laundry facilities, dry cleaning valet;
[5]
Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;
[6]
Elderly day-care center licensed by the commonwealth;
[7]
Taxi, van or similar transportation services for the residents.
(6)
Bed-and-breakfast, subject to:
(a)
The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.
(b)
The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
(c)
The minimum lot area required shall be one acre.
(d)
No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.
(e)
The maximum length of stay for any guest shall be 14 days in any calendar year.
(f)
One identification sign shall be permitted and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet. The height of the freestanding sign shall not exceed four feet and the freestanding sign shall be located at least five feet from any property line.
(h)
In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.
(i)
Off-street parking shall not be located in any required front or side yard.
(8)
Campus affiliated research and development, subject to:
(a)
Research and development, as defined by this chapter, may be authorized on property in the CC Community Center Mixed-Use District, subject to compliance with all of the criteria of this Subsection A(8).
(b)
Research and development may be conducted by a postsecondary school or by a private firm.
(c)
If the research and development is conducted by a private firm, the firm shall have an affiliation with a postsecondary school located in the CC Community Center Mixed-Use District, whereby student interns and/or faculty participate in one or more aspects of the firm's research and development.
(d)
Research and development shall be conducted entirely within a completely enclosed building.
(e)
Research and development shall comply with the performance standards of § 350-95 of this chapter.
(f)
Pilot manufacturing shall not be permitted as part of the research and development activities.
(9)
Car wash, subject to:
(a)
All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car-washing facilities shall be under a roofed structure that has at least two walls.
(b)
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
(c)
Standing spaces shall be provided in accordance with the requirements specified in § 350-100 for drive-through facilities.
(d)
The facility shall be connected to public water and public sewers.
(e)
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
(10)
Cemetery, subject to:
(a)
The minimum site required for a cemetery shall be 10 acres.
(b)
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
(c)
Plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.
(d)
All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area "B," as described in § 350-96A of this chapter.
(e)
All maintenance equipment shall be properly stored in a completely enclosed building, as defined herein, when not is use.
(f)
In-ground burial sites shall comply with the setbacks required for principal structures in the zoning district. All mausoleums, chapels and other structures shall not be located within 100 feet of any property line adjoining property in an R-A, R-1, R-2 or R-3 District.
(11)
Commercial greenhouse, subject to:
(a)
On-site sales shall be conducted within a completely enclosed building, as defined herein.
(b)
If the greenhouse or tree nursery is open to the public, off-street parking shall be provided based on one space for each 500 square feet of display or growing area.
(c)
Inventory of landscaping materials shall be stored within a completely enclosed building or shall be screened from public view by a six-foot high hedge or opaque fence. Small quantities of landscaping materials offered for sale may be displayed outside a completely enclosed building.
(d)
Storage of hazardous or potentially hazardous materials shall be designed to properly contain the chemicals so that runoff or leaching into the ground does not occur.
(12)
Commercial uses in the CC District, subject to:
(a)
Only the following commercial uses are authorized as principal uses in the CC Community Center Mixed-Use District, subject to compliance with all the criteria specified in this Subsection A(12):
[1]
Apparel and accessories store.
[2]
Arts and crafts shop.
[3]
Bakery, retail.
[4]
Bicycle sales, rental and service.
[5]
Book or stationary store.
[6]
Business and professional offices.
[7]
Candy or ice cream store.
[8]
Card and gift shop.
[9]
Coffee shop.
[10]
Delicatessen.
[11]
Drugstore or pharmacy.
[12]
Dry cleaning pickup store.
[13]
Financial institutions.
[14]
Florist shop.
[15]
Food store.
[16]
Jewelry store.
[17]
Laundromat.
[18]
Motel or hotel.
[19]
Newsstand.
[20]
Personal services.
[21]
Restaurant, sit-down.
[22]
Restaurant, takeout.
[23]
Sporting goods store.
[24]
Video store, excluding adult video store.
(b)
The site on which the commercial use or uses are proposed shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
The site shall be served by public sewers or by an alternate system approved by the Pennsylvania Department of Environmental Protection (PA DEP).
(d)
The minimum lot area required for each principal structure shall be 20,000 square feet.
(e)
Driveway access to any state road shall be subject to a highway occupancy permit from the Pennsylvania Department of Transportation (Penn DOT).
(13)
Communications tower, subject to:
(a)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a commercial communications tower.
(b)
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-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:
[1]
The proposed equipment would exceed the structural capacity of the existing building, commercial communications tower or other structure and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.
[2]
The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure and the interference cannot be prevented at a reasonable cost.
[3]
Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.
[4]
Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels that exceed any adopted local, federal or state emission standards.
(c)
The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
(d)
The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
(e)
In the P and R-A Districts, the maximum height of a communications tower shall be 150 feet.
(f)
In the I District, the maximum height of a communications tower shall be 200 feet.
(g)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.
(h)
The setback from all property lines (excluding lease lines) required for the tower shall be 100% of the height of the tower. In the case where an existing dwelling is located on adjacent property, the setback shall be 100% of the height of the tower plus 50 feet.
(i)
Tower height shall be measured from the ground level to the top point of the tower or top point of the highest communications antenna, whichever is higher.
(j)
Communications towers shall be set back from all overhead electrical transmission or other aboveground lines a distance equal to the height of the tower.
(k)
Communications towers shall not be located closer than 2,500 feet to another communications tower measured as a horizontal straight line distance between the towers.
(l)
The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.
(m)
A soils report complying with the standards of Appendix 1, Geotechnical Investigations, ANSI/EIA-222-E-Manual, as amended, shall be submitted to the Township to document and verify design specifications of the foundation of the communications tower and anchors for the guy wires, if used. The soils report shall be signed and sealed by an engineer registered in the Commonwealth of Pennsylvania.
(n)
The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot high chain-link security fence with locking gate.
(o)
The applicant shall submit evidence that the tower and its method of installation has 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 the Uniform Construction Code (UCC) and accepted engineering practice.
(p)
Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks shall be measured from the lease lines.
(q)
Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.
(r)
Recording of a plat of subdivision shall be required for the lease parcel on which the tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Township.
(s)
Approval of a land development plan, prepared in accordance with the requirements of Chapter 292, Subdivision and Land Development, shall be required for all towers.
(t)
The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.
(u)
The owner of any communications tower that exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a structural engineer at the owner's expense.
(v)
The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall enter into an agreement with the Township guaranteeing that the tower shall be dismantled and removed within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then, the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 350-138 of this chapter.
(w)
All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.
(x)
All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.
(y)
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.
(z)
The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.
(aa)
The base of the tower shall be landscaped suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.
(bb)
At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.
(cc)
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).
(14)
Comparable uses not specifically listed, subject to:
(a)
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:
[1]
The number of employees;
[2]
The floor area of the building or gross area of the lot devoted to the proposed use;
[3]
The type of products, materials and equipment and/or processes involved in the proposed use;
[4]
The magnitude of walk-in trade;
[5]
Hours of operation;
[6]
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 350-95 of this chapter; and
[7]
For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC Code or major group number as one or more uses that are specifically listed in the zoning district.
(b)
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(c)
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.
(d)
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.
(15)
Conservation subdivision, subject to:
(a)
The only dwelling unit type authorized in a conservation subdivision shall be single-family detached dwellings.
(b)
The minimum site required for a conservation subdivision shall be 10 acres.
(c)
Public sewage and public water services shall be provided to all dwelling units within the development.
(d)
Before determining the maximum number of lots to be permitted on a given tract, the total acreage of the tract (excluding existing rights-of-way) proposed for a conservation subdivision shall be reduced by 15% to accommodate potential new rights-of-way.
(e)
In the R-1 District, the maximum dwelling unit density shall be two units per acre. The number of dwelling units authorized in the conservation subdivision shall be equivalent to the net site area determined by Subsection A(15)(d) above, expressed in acres, multiplied by the density factor of "2." Any portion of an acre shall be rounded to the nearest acre.
(f)
In the R-1 District, the minimum lot area required for a single-family detached dwelling may be reduced, provided it shall not be less than 10,890 square feet.
(g)
In the R-1 District, the minimum lot width required for a single-family detached dwelling may be reduced, provided it shall not be less than 85 feet.
(h)
In a conservation subdivision, the front yard setback required for a single-family detached dwelling may be reduced, provided it shall not be less than 25 feet and the rear yard setback may be reduced, provided it shall not be less than 30 feet.
(i)
In a conservation subdivision, side yard setbacks required for a single-family detached dwelling may be reduced, provided each side yard shall not be less than 10 feet.
(j)
The maximum permitted lot coverage for each individual lot in the conservation subdivision shall be 25%.
(k)
No lot proposed for a conservation subdivision shall front on a Township street or state road existing prior to the approval of the requested conservation subdivision. All proposed streets located in the conservation subdivision and intended by the developer to be taken over by the Township shall meet the construction specifications of Chapter 292, Subdivision and Land Development.
(l)
The development shall be so designed that privacy is preserved, views are protected and groups of dwellings are arranged to preserve the open space atmosphere intended under the conservation subdivision.
(m)
A buffer area of open space shall be located at the perimeter of the development where the lots are closest to adjoining property owners and/or existing public streets. The amount, density and types of planting in the buffer area shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses and natural views. Where adjacent property has been developed in such a manner that privacy from the conservation subdivision is desirable, the landscaped buffer area adjacent thereto shall be of sufficient density and contain sufficient evergreen material to effectively screen the portions of the development from which privacy is desired.
(n)
Common open space shall be provided in an amount equal to the difference between the minimum lot area for single-family dwellings otherwise required in the zoning district and the lot size proposed in the conservation subdivision. In no case shall the common open space be less than 20% of the total area of the development site. The balance of the land not contained in the lots shall be contiguous and easily accessible to the lots in the conservation subdivision, and shall be of such condition, size and shape as to be usable for recreation, park, or common open space or serve to protect prime agricultural land or an environmentally sensitive area.
(o)
Safe and easy access to recreation, park and common open space areas shall be provided by adjoining road frontage, easements or paths. Accessways to recreation, park and common open space areas shall be sufficiently wide so that maintenance equipment shall have reasonable and convenient access to such area.
(p)
Recreation, park and common open space land shall be owned and managed in one of the two following ways:
[1]
Be held in common ownership by the owners of the lots within the development, and shall be protected by legal arrangements satisfactory to the Township sufficient to assure its maintenance and preservation. In this regard, covenants or other legal arrangements shall:
[a]
Obligate purchasers to participate in a homeowners' association and to support maintenance of the common open space areas by paying to the association assessments sufficient for maintenance and subjecting their properties to a lien for enforcement of the respective assessments.
[b]
Obligate such an association to maintain the recreation, park, common open space areas and private streets and utilities.
[c]
Provide that the Township, as well as other purchasers in the development, can enforce the covenants in the event of failure of compliance.
[d]
Provide for agreement that, if the Township is required to perform any work pursuant to the item above, such purchasers would pay the cost thereof and the same shall be a lien upon their properties until such cost has been paid; provide that the developer shall be responsible for the formation of the homeowners' association of which the developer, or if the developer is not the owner of the development, then such owner shall be a member until all of the lots of record are sold; provide assurance that such covenants will be evidenced by recording in the Office of the Recorder of Deeds, of a perpetual maintenance of facilities as prescribed hereinabove and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers; provided, that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
[e]
Guarantee that any association formed to own and maintain common open space will not be dissolved without the consent of the Board of Supervisors and any other specifications deemed necessary by the Board of Supervisors.
[f]
Guarantee that the recreation, park and/or common open space areas shall not be further subdivided or further developed. Improvements may be made to said areas for the purposes for which they were originally proposed upon approval of the Planning Commission and the Board of Supervisors.
[g]
All such covenants set forth herein shall be submitted for review with the preliminary subdivision plan and conditional use application and shall be reviewed and approved by the Board of Supervisors prior to the granting of final approval for the conservation subdivision.
[2]
Be dedicated to the Township for public usage upon final plan approval. This provision shall not, in any manner, obligate the Township to accept the common open space or any part thereof.
(q)
Preliminary plans for a conservation subdivision shall be accompanied by information providing calculations of net site area and dwelling unit density and describing how the lots, frontage and setbacks differ from the otherwise applicable requirements of the zoning district in which the conservation subdivision is proposed. The preliminary plan submitted with the conditional use application shall contain all the information required by Chapter 292, Subdivision and Land Development, for a preliminary plat.
(16)
Day-care center or preschool facility in a church or school, subject to:
(a)
The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.
(b)
The facility shall be permitted to be located only in an existing church or school building.
(c)
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. The location of the outdoor play area shall take into account the relationship of the play area to adjoining properties.
(d)
Outdoor play areas that adjoin residential lots shall be screened by Buffer Area "C," as described in § 350-96A of this chapter.
(e)
The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area and a safe area for dropping off and picking up children shall be provided.
(17)
Equipment storage yard, subject to:
(a)
The minimum site required for an equipment storage yard shall be five acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
All areas used for storage and movement of equipment shall be improved with a dust-free, all-weather surface. Any areas not paved with hard surface shall have a dust control plan that is submitted to the Township Engineer for review and approval.
(d)
Buffer Area "B," as described in § 350-96A of this chapter, shall be provided along all property lines adjoining an R-A, R-1, R-2 or R-3 Zoning District.
(e)
No repair of vehicles or equipment shall be permitted outside a completely enclosed building, as defined herein.
(g)
Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling, measured from any site boundary to any wall of an existing dwelling.
(h)
All lighting shall be shielded and reflected away from streets and any adjoining residential properties.
(i)
A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Township Engineer.
(18)
Family day-care home, subject to:
(a)
All of the applicable criteria for a home occupation specified in Subsection A(24) shall be met.
(b)
Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met and continuing compliance shall be maintained.
(c)
An adequate and safe off-street area shall be provided for dropping off and picking up children.
(d)
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.
(e)
Outdoor play areas shall have a minimum area of 400 square feet.
(19)
Fire and emergency medical services, subject to:
(a)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
(b)
The minimum lot area required shall be one acre.
(c)
Ingress and egress from the site shall be designed so as to maximize sight distance along the adjacent public streets and enhance safety for vehicles exiting the site, as well as those traveling on the streets.
(d)
Buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow on or blocking any public street.
(e)
If a fire service building includes a rental hall or banquet facilities, the following criteria shall be met:
[1]
Any rental of the facility to a nonmember shall require on-site management and/or security personnel during the event.
[2]
Off-street parking for the facility or rental hall shall be provided in accordance with the requirements of § 350-110C for restaurants.
[3]
Activities on the site and within the building shall comply with the noise standards specified in § 350-95C.
[4]
If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.
(20)
Funeral home, subject to:
(a)
The minimum lot area shall be 40,000 square feet.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
(c)
All off-street parking areas that adjoin property in an R-A, R-1, R-2 or R-3 Zoning District shall be screened by a six-foot high, dense, compact evergreen hedge.
(d)
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets.
(21)
Golf course; golf or country club, subject to:
(a)
Golf courses and golf or country clubs shall have a minimum site of 20 acres; driving ranges and putting courses shall have a minimum site of five acres.
(b)
Clubhouses shall be located at least 100 feet from any property line adjoining property in any R-A, R-1, R-2 or R-3 Zoning District and at least 50 feet from all other property lines.
(c)
The clubhouse and all parking areas shall be screened from any adjoining property in an R-A, R-1, R-2 or R-3 Zoning District by Buffer Area "B," as described in § 350-96A of this chapter.
(d)
Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for golf courses.
(e)
Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.
(f)
Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.
(g)
Any driving range that is proposed to be illuminated shall provide a photometric plan and cross-sections showing impacts on adjoining properties and shall be subject to testing after installation to show compliance with § 350-95G.
(h)
The backstop for any driving range shall be buffered from adjacent residential properties using a combination of landscaping, earthen mounding and natural materials to minimize the visual impact.
(22)
Group-care facility, personal-care boarding home or transitional dwelling, subject to:
(a)
The minimum area and bulk regulations for a group-care facility, personal-care boarding home or transitional dwelling shall be the same as those required for principal uses, other than dwellings, in the zoning district in which the facility is located.
(b)
In the R-A District, a personal-care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
In the R-A District, the maximum number of residents housed in a personal-care boarding home shall be 10.
(d)
No group-care facility, personal-care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group-care facility, personal-care boarding home or transitional dwelling.
(e)
Adequate provisions shall be made for access for emergency medical and firefighting vehicles.
(f)
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(g)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate.
(h)
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of zoning compliance and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
(23)
Hobby farm, subject to:
(a)
A minimum site of three contiguous acres shall be required.
(b)
The primary residence of the owner of the animals shall be located on the same parcel of land on which the animals are maintained.
(c)
Animals shall not be bred or sold, nor shall any of their products be sold on the premises. The animals shall be kept only for noncommercial purposes, for recreation, education and/or food production for the immediate resident family.
(d)
Animals kept shall be limited only to those species normally raised in the area. The number of such species shall be limited as follows:
(e)
Under no circumstances shall the raising and maintenance of pigs, swine and hogs be permitted.
(f)
Buildings used for animal raising shall be a minimum of 300 feet from any property line and all corral and pasture areas shall be fenced.
(g)
All activities shall be conducted so as not to create nuisances or dangers to public health and safety.
(h)
The area of the property used to house and maintain the animals shall be enclosed by a minimum six-foot-high fence.
(i)
Storage of manure, odor- or dust-producing substances shall be located at least 200 feet for any property line.
(j)
If fowl are kept, the following additional regulations shall be met:
[1]
A coop shall be provided which shall be of adequate size for the number of fowl proposed to be housed therein;
[2]
All coops shall be sturdily constructed in such manner as to permit proper drainage and to facilitate proper cleaning and sanitary maintenance thereof; and
[3]
Coops shall be located at least 50 feet from any building used as a dwelling.
[4]
Fowl shall not be permitted to run at large on any public street, public lands, any unenclosed property or any property of another person.
(k)
Any animal or bird which makes any noise continuously and/or incessantly for a period of 10 minutes or more or makes such noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal or bird is physically situated on private property, said noise shall be declared a nuisance and shall be prohibited, unless there is a trespass or threat or trespass upon the private property where the animal or bird is situated or there is another legitimate cause which justifiably provoked the animal or bird.
(24)
Home occupation, subject to:
(a)
The home occupation shall be carried on by a member of the family residing in the dwelling unit. No more than one person who is not a resident of the dwelling unit shall be employed in the dwelling unit.
(b)
No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation, excluding any areas devoted to storage of materials, supplies, vehicles or equipment.
(c)
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-A District, the home occupation may be carried on in an accessory structure, provided the gross floor area of the accessory structure devoted to the home occupation, excluding areas devoted to storage of materials, supplies, vehicles or equipment, shall not exceed 25% of the gross floor area of the principal dwelling.
(d)
There shall be no mass production of products that involves processing of raw materials on the premises of the home occupation. Assembly of products from finished materials may be accomplished on the premises.
(e)
A limited number of samples of articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.
(f)
There shall be no display on the premises of merchandise available for sale that has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business. In addition, small amounts of products may be sold as an accessory use to the principal use, such as sale of beauty products accessory to a beauty shop and similar situations.
(g)
There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot 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.
(h)
The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.
(i)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 350-95 of this chapter.
(j)
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
(k)
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.
(l)
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.
(m)
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, unless they are parked within a completely enclosed building.
(n)
All materials, supplies or equipment used in the home occupation shall be stored inside a completely enclosed building.
(o)
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 XVII for the specific use in addition to the spaces required for the dwelling.
(p)
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:
[1]
Beauty shops or barber shops containing more than two chairs;
[2]
Blacksmith or metalworking;
[3]
Boarding stables or riding academies;
[4]
Contractor's yard;
[5]
Funeral homes;
[6]
Group-care facility, personal-care boarding home or transitional dwelling;
[7]
Kennels;
[8]
Medical clinics, hospitals or nursing homes;
[9]
Private clubs;
[10]
Restaurants or tea rooms;
[11]
Retail or wholesale sales; flea markets;
[12]
Sale of archery equipment, guns, firearms and ammunition;
[13]
Tanning or massage salon;
[14]
Tourist or boarding home, other than bed-and-breakfast;
[15]
Tutoring or any other instruction to more than five students at a time;
[16]
Vehicle or equipment rental, repair or sales;
[17]
Vehicle repair garages;
[18]
Veterinary clinic.
(q)
The following are examples of permitted home occupations, provided all of the foregoing criteria are met:
[1]
Artist, photographer or handicrafts studio;
[2]
Beauty or barber shop containing no more than two chairs;
[3]
Catering off the premises;
[4]
Contracting business, as defined herein;
[5]
Computer programmer, data processor, writer;
[6]
Consultant, clergy, counselor, bookkeeping, graphics or drafting services;
[7]
Dressmaker, tailor;
[8]
Professional offices that involve routine visitation by customers or clients;
[9]
Housekeeping or custodial services;
[10]
Interior designer;
[11]
Jewelry and/or watch repair, not including wholesale or retail sales;
[12]
Locksmith;
[13]
Mail order business;
[14]
Manufacturer's representative;
[15]
Repair shop, as defined herein, only in the R-A District;
[16]
Telemarketing;
[17]
Travel agent;
[18]
Tutoring or any other instruction to no more than five students at any one time;
[19]
Word processing, typing, secretarial services.
(25)
Hospital, medical clinic or nursing home, subject to:
(a)
The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a medical clinic or nursing home shall be one acre.
(b)
The property shall be served by public water and public storm and sanitary sewers.
(c)
All hospitals and nursing homes shall be licensed by the commonwealth.
(d)
Water pressure and volume shall be adequate for fire protection.
(e)
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(f)
The parking and circulation plan shall be referred to the local police department and fire company for comments regarding traffic safety and emergency access.
(g)
Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.
(h)
All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area "B," as described in § 350-96A of this chapter.
(i)
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
(26)
Junkyard or salvage yard, subject to:
(a)
The minimum site required shall be 20 acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.
(d)
No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.
(e)
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 § 350-138 of this chapter.
(f)
The manner of storage of junk, as defined herein, or vehicles 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.
(g)
The junkyard or salvage yard operation shall comply with the performance standards of § 350-95 of this chapter.
(h)
No structure shall be located and no junk, vehicles or equipment shall be stored, accumulated or crushed within 300 feet of any dwelling or within 100 feet of any property line or public street.
(i)
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(26)(k) below, and shall be maintained in good condition.
(j)
The fence shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.
(k)
Buffer Area "A," as described in § 350-96A of this chapter, shall be provided along all property lines adjoining property in an R-A, R-1, R-2 or R-3 District.
(l)
The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets and properties.
(m)
The operator shall submit a stormwater management plan to control runoff for review and approval by the Township Engineer.
(n)
The operator shall obtain a license from the Township prior to initiating operations that 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.
(27)
Kennel, subject to:
(a)
In the R-A District, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.
(b)
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in an R-1, R-2 or R-3 District.
(c)
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot-high fence with self-latching gate and shall be screened by Buffer Area "C," as described in § 350-96A of this chapter.
(d)
The operator shall submit an animal waste management and disposal plan to the Township.
(e)
Domestic pets kept in an outdoor kennel shall be limited to a maximum of 10 animals on the first five acres, plus two animals for each additional acre or portion thereof, up to 10 acres. There shall be no limit on the number of animals kept on properties of 10 acres or more.
(28)
Landfill, subject to:
(a)
The minimum site area shall be 100 acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this chapter.
(c)
All landfill operations shall be located at least 1,200 feet from any occupied dwelling.
(d)
The driveway or haul road entering the site from a public street shall be paved for a distance of 600 feet from the public street.
(e)
A tire-washing station shall be located on the site to service trucks exiting the facility.
(f)
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that conditional use approval 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 of a damaged roadway due to weight in excess of the posted weight limits for the road shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
(g)
Landfill operations shall not be conducted within 300 feet of any property line adjoining property in an R-A, R-1, R-2 or R-3 District.
(h)
All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area "A," as described in § 350-96A of this chapter. The buffer area shall be comprised of a combination of earthen mounding and the required plantings.
(i)
Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.
(j)
The applicant shall show compliance with applicable state and federal laws regulating landfills.
(k)
The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.
(l)
The required state and federal permits shall be maintained throughout the duration of all operations. The applicant shall notify the Zoning Officer of any suspension or revocation of the required state or federal permits.
(m)
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 certificate of zoning compliance or enforcement of the penalty provisions of this chapter or both.
(29)
Mineral removal, subject to:
(a)
Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and from 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 (PA DEP) are met.
(b)
There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).
(c)
Mineral removal shall be prohibited in watersheds 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.
(d)
No mineral removal shall be conducted within 300 feet of the property line of any public building, school, church, community or institutional building, commercial building, public park or private recreational area.
(e)
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.
(f)
No mineral removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.
(g)
No mineral removal shall be conducted within 100 feet of the property line of a cemetery.
(h)
No mineral removal shall be conducted within 300 feet of the property line of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for conditional use approval.
(i)
The applicant shall submit to the Township a copy of all materials provided to the Pennsylvania Department of Environmental Protection (PA DEP) with the permit application.
(j)
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 Township streets and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.
(k)
The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets that may be damaged during the mineral removal operations.
(l)
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.
(m)
No top-of-slope or quarry wall shall be located closer than 100 feet to any property or street line. The perimeter surrounding the area of operation shall be fenced with a chain-link fence of a minimum height of six feet to prevent access by both animals and children.
(n)
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted.
(o)
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.
(p)
Blasting.
[1]
If blasting is proposed, it shall be subject to approval by the Board of Supervisors. Applications for approval of blasting shall include the following information:
[a]
A site survey documenting the land uses on the perimeter of the site;
[b]
Photographs of preexisting conditions on immediately adjacent properties;
[c]
Credentials, certifications and experience of the contractor selected to perform the blasting;
[d]
References from previous projects of similar size and nature;
[e]
A geotechnical report prepared by a qualified geotechnical engineer documenting subsurface conditions on the site and the potential impacts on adjoining properties and recommendations to mitigate negative impacts.
[2]
If blasting is approved, a seismograph shall be placed on the site during all times when blasting is performed. Seismograph readings shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.
(q)
Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.
(r)
Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Zoning Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.
(s)
During the mineral removal operation, the Township Engineer may inspect the site at the request of the Board of Supervisors to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.
(30)
Mobile home park, subject to:
(a)
The application shall comply with all applicable requirements of Chapter 292, Subdivision and Land Development, governing mobile home parks.
(b)
The minimum site required for a mobile home park shall be 10 contiguous acres.
(c)
The site shall be served by public water and public sanitary sewers.
(d)
The minimum mobile home lot shall be 6,000 square feet in area. The minimum lot width shall be 60 feet.
(e)
Minimum setbacks and distances between mobile homes shall comply with the requirements of Chapter 292, Subdivision and Land Development.
(f)
Every mobile home slab shall have access to a public or private street constructed in accordance with the requirements of Chapter 292, Subdivision and Land Development.
(g)
Each mobile home lot shall provide two off-street parking spaces.
(31)
Outdoor shooting range, subject to:
(a)
The minimum site required shall be 20 acres.
(b)
All firing sites shall be located at least 1,000 feet from any existing residence and at least 500 feet from all property lines.
(c)
Outdoor discharging of firearms shall not be permitted between the hours of dusk and 8:00 a.m.
(d)
Any other outdoor activity within 300 feet of an existing residence shall cease operations at sunset.
(e)
An adequate backstop shall be provided to prevent bullets and arrows from ricocheting.
(f)
Firing of weapons shall be in conformance with regulations recommended by the National Rifle Association (NRA).
(g)
All shooting areas shall be enclosed with a fence to keep people out of the line of fire and the target area.
(h)
Sound levels at the property lines shall not exceed 100 decibels.
(i)
Two parking spaces shall be provided for each shooting position or station.
(j)
All properties adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area "B" as required by § 350-96 of this chapter.
(k)
Outdoor lighting shall be shielded and reflected away from streets and adjoining properties.
(l)
The use or sale of alcoholic beverages is prohibited on the premises.
(m)
Liability insurance must be maintained and proof of insurance shall be submitted to the Township with a minimum of $1,000,000 liability coverage.
(n)
Upon written application by any landowner, the Upper Burrell Township Board of Supervisors may, in their complete discretion, on a temporary basis not to exceed one week per year, waive or modify any or all of the foregoing requirements and grant a waiver to the applicant for the requested use of the property without complying with the waived subsections of this Subsection A(31). In granting the waiver or waivers, the Supervisors may impose upon the applicant or landowner any conditions, regulations or restrictions which the Upper Burrell Township Board of Supervisors, in their sole discretion, deem appropriate.
(32)
Planned industrial park; planned office park; planned research or technology park, subject to:
(a)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(b)
The minimum site area required shall be 20 acres.
(c)
Once the improvements are completed in an approved planned industrial park, planned office park or planned research or technology park, lots within an approved and recorded plan may be sold and developed as independent entities for any authorized use in the zoning district in which it is located.
(d)
Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned industrial park, planned office park or planned research or technology park is located shall be permitted in the planned industrial park, planned office park or planned research or technology park.
(e)
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.
(f)
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.
(g)
A perimeter setback of 100 feet shall be maintained along the side and rear property lines of the planned industrial park, planned office park or planned research or technology park development site.
(33)
Planned shopping center, subject to:
(a)
The minimum site required shall be five acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
Once the improvements are completed in an approved shopping center, lots within the approved and recorded shopping center may be sold and developed as independent entities for any authorized use in the district.
(d)
Private streets may serve lots that are subdivided within an approved shopping center, provided the shopping center has frontage on a public street. Outparcels created within the shopping center shall meet the minimum lot area requirements of the zoning district. Subdivisions along building walls within the shopping center shall not be required to meet minimum lot area, lot width or yard requirements, provided the shopping center site complies.
(e)
Only uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the shopping center is located shall be permitted in the shopping center.
(f)
Buffer Area "A," as described in § 350-96A of this chapter, shall be provided along all property lines that adjoin any R-A, R-1, R-2 or R-3 District.
(g)
Sidewalks shall be installed in front of all stores.
(h)
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.
(i)
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.
(j)
Site lighting, if proposed, shall be designed with cutoff luminaires with a maximum cutoff angle of 60°. (See illustration in Appendix B.[1]) The maximum illumination at any property line adjoining property in an R-A, R-1, R-2 or R-3 Zoning District shall be 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(34)
Private club, subject to:
(a)
Any establishment that includes a restaurant shall further be subject to the off-street parking requirements of Article XVII for the portion of the building devoted to restaurant use.
(b)
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
(35)
Private use helipad, subject to:
(a)
Only one private use helipad shall be permitted on a lot or parcel.
(b)
Private use helipads shall be located at least 250 feet from any property line or public street, except for helipads accessory to a hospital that may be located so as to maximize accessibility to existing emergency facilities.
(c)
Evidence of compliance with all applicable regulations of the Federal Aviation Administration and Pennsylvania Department of Transportation, Bureau of Aviation, shall be submitted.
(d)
The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
(e)
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.
(f)
Maintenance of aircraft shall be prohibited, except for maintenance of an emergency nature.
(g)
There shall be no storage of fuel at the helipad.
(h)
Except for helipads accessory to a hospital, there shall be no basing of aircraft at the helipad.
(i)
The helipad shall be fenced and secured at all times to preclude access by the general public.
(j)
Clear areas for emergency landings of the helicopter in the event of mechanical failure 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 helipad.
(k)
Lighting shall be shielded away from adjacent properties.
(36)
Public utility building or structure, subject to:
(a)
The minimum lot area required for buildings intended for human occupancy or storage of equipment shall be 21,780 square feet. There shall be no minimum lot area required for all other structures.
(b)
Maintenance vehicles shall be stored within a completely enclosed building, as defined herein.
(c)
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot-high 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.
(d)
Any area of the building that is used for business offices shall comply with the parking requirements of Article XVII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.
(37)
Sportsmen's club, subject to:
(a)
The minimum site required shall be 10 acres.
(b)
Any outdoor lighting shall be shielded and reflected away from streets and adjoining properties.
(c)
If an outdoor shooting range is proposed, the use shall comply with all of the requirements of Subsection A(31).
(d)
All outdoor activities, other than an outdoor shooting range, shall be located at least 500 feet from any existing residence and shall cease operations at sunset.
(38)
Supporting retail and service uses on a postsecondary school campus, subject to:
(a)
One or more of the following uses may be established as accessory uses on a postsecondary school campus by the educational institution or by a private owner or lessee, subject to compliance with all of the criteria of this Subsection A(38):
[1]
Arts and crafts shop.
[2]
Bakery, retail.
[3]
Bicycle sales, rental and service.
[4]
Book or stationery store.
[5]
Card and gift shop.
[6]
Coffee shop.
[7]
Delicatessen.
[8]
Dry cleaning pickup store.
[9]
Financial institution.
[10]
Food store.
[11]
Indoor entertainment.
[12]
Jewelry store.
[13]
Laundromat.
[14]
Newsstand.
[15]
Personal services.
[16]
Restaurant, sit-down.
[17]
Restaurant, takeout.
(b)
The total floor area devoted to supporting retail and service uses shall not exceed 25% of the gross floor area of all buildings located on the campus that are used for educational purposes, including student housing.
(c)
The supporting retail and service uses may be located in a building devoted to educational purposes or student housing or may be located in a freestanding building on the campus. If the building housing the retail and service uses is a freestanding building, the building shall have direct vehicular access to an existing arterial or collector street, as defined by this chapter or to a public or private street within the campus. Such uses shall not have direct vehicular access to any local street, as defined by this chapter.
(39)
Temporary uses or structures, other than a construction trailer, model home or sales office, subject to:
(a)
A transient merchant license, if required by Township ordinance, shall be obtained.
(b)
The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the zoning district.
(c)
In the C-1, C-2 and C-3 Districts, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:
[1]
The preparation and serving of food that is part of a special event that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of zoning compliance shall be obtained from the Township Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this Subsection A(39).
[2]
Evidence of an approved permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services, or its successor agency.
[3]
The preparation and serving of food shall not be permitted on any vacant lot and shall only be permitted on the site of an existing business.
[4]
The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians, and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
[5]
No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any adjoining property in an R-A, R-1, R-2 or R-3 District within 300 feet of the outdoor area.
[6]
The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.
[7]
The activity shall comply with all applicable Township codes and ordinances.
[8]
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 that will be available to the public visiting the temporary use.
[9]
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Township against any liability resulting from such use.
(d)
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months.
(e)
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. Temporary uses or structures that are authorized only for the duration of a particular event shall be removed within 48 hours after the completion of the event.
(f)
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 350-110C for the proposed use.
(g)
Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
(h)
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory uses.
(i)
Temporary uses or structures that are authorized as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.
(40)
Truck and heavy equipment rental, sales and service, subject to:
(a)
The minimum site required shall be five acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(c)
No part of any truck or heavy equipment or accessories displayed outdoors shall be located less than 35 feet from the property line adjoining any R-A, R-1, R-2 or R-3 District, nor less than 20 feet from any other property line.
(d)
No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.
(e)
No vehicle shall be displayed or offered for sale that does not have all of the mechanical and body components necessary for its safe and lawful operation.
(f)
A permanent structure for office administration, sales, rental and/or servicing shall be provided.
(41)
Truck terminal, subject to:
(a)
The minimum site required shall be 10 acres.
(b)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter. Access to a local street, as defined by this chapter, shall not be permitted.
(c)
No point on the site boundary shall be located within 300 feet of any property line of a property containing a residential dwelling.
(d)
Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion.
(e)
Site lighting shall be designed with cutoff luminaires that have a maximum cutoff angle of 60°. (See illustration in Appendix B.[2]) The maximum illumination at any property line shall be 0.2 footcandle.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
(f)
All property lines adjoining property in an R-A, R-1, R-2 or R-3 District shall be screened by Buffer Area "A," as described in § 350-96A of this chapter.
(g)
In the front yard, an earthen mound shall be provided along the entire public street frontage and Buffer Area "A" shall be planted on the earthen mound. All landscaping shall comply with the provisions of § 350-97D regarding visibility at driveway entrances.
(h)
Off-street parking and loading shall be provided in accordance with the requirements of Article XVII of this chapter.
(i)
All material and equipment shall be stored within a completely enclosed building, as defined herein.
(j)
No repair of vehicles shall be permitted outside a completely enclosed building, as defined herein.
(42)
Veterinary clinic, subject to:
(a)
In the R-A District, the minimum lot area required for a veterinary clinic shall be one acre.
(b)
In the C-2 and C-3 Districts, the minimum lot area required for a veterinary clinic shall be 21,780 square feet, unless the veterinary clinic is located within a planned shopping center.
(c)
Outdoor kennels or runs shall not be permitted in the C-2 and C-3 Districts.
(d)
Overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are housed overnight within a completely enclosed building, as defined herein.
(e)
Kennels associated with veterinary clinics 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 § 350-138 of this chapter.
(g)
Odors shall be controlled so as to comply with the performance standards of § 350-95 of this chapter.
(h)
The veterinary clinic shall not be located within 300 feet of an occupied dwelling on adjacent property unless the building is soundproofed.