Upper Frederick Township
City Zoning Code
City Zoning Code
ARTICLE XVIII
I - Industrial District
§ 285-158 Declaration of legislative intent.
[Amended 9-10-1998 by Ord. No. 98-5]
In expansion of the declaration of legislative intent contained in Article I, § 285-2, of this chapter, and the community development objectives contained in Article I, § 285-3, of this chapter, it is the intent of the I-Industrial Districts to:
A.
Permit the well-planned development and nuisance-free operation of industrial facilities.
B.
Take advantage of highway access and visibility from major thoroughfares.
C.
Establish strict performance standards to control potentially adverse environmental effects resulting from development of permitted uses.
D.
Establish operational, dimensional and landscaping standards minimizing adverse impacts on surrounding uses and districts.
E.
Encourage integrated development of industrial parks.
F.
Provide for Township review of all development proposals to determine compliance with the standards of this article.
G.
Redefine certain types of industrial uses and establish strict performance for those uses.
§ 285-159 Permitted uses.
[Amended 9-10-1998 by Ord. No. 98-5; 9-14-2000 by Ord. No. 003; 3-8-2007 by Ord. No. 2007-04]
Permitted uses are classified by intensity and potential for adverse offsite impacts. A building or groups of buildings may be erected or used, and a lot may be used or occupied, for any of the following uses, or any use of a similar character:
A.
Class I uses. Class I uses are light, less intense uses with relatively limited potential for adverse offsite impacts.
(2)
Integrated industrial park development.
(4)
Scientific or industrial research, engineering, testing or experimental laboratory or similar establishment for research, training or product development.
(6)
Fabrication, packing, assembly, light manufacturing.
(7)
Offices, shops and storage for building, plumbing, electrical or other contractors; provided, that outdoor storage shall be prohibited.
(8)
Agriculture.
(9)
Kennels, animal hospitals.
(10)
Public utility use.
(11)
Fire stations and emergency response centers.
(13)
Open space uses, primarily passive in nature, including wildlife sanctuary, forest preserve, nature center and similar uses.
(14)
Game farm, fish hatchery, hunting or fishing preserve; or similar uses designed for the protection or propagation of wildlife.
(15)
Government uses, post office, community center, public library, public utility facility.
(18)
Major and minor automobile repair.
[Added 8-10-2017 by Ord. No. 2017-01]
B.
Class II uses. The following uses are permitted as a conditional use by the Board of Supervisors after review and recommendation from the Upper Frederick Township Planning Commission, subject to the provisions of § 285-161, including the dimensional standards of that section:
(1)
Manufacturing, fabrication, assembly, processing and packaging of natural and man-made materials, chemicals, synthetics and other organic and inorganic products.
(2)
Commercial or personal use heliport when authorized as a special exception by the Zoning Hearing Board.
(3)
Oil and chemical processing and storage.
(5)
Adult uses in accordance with the standards and criteria of § 285-70.
[Added 3-8-2007 by Ord. No. 2007-04]
(6)
Tattoo parlors in accordance with the standards and criteria of § 285-77.
[Added 3-8-2007 by Ord. No. 2007-04]
(7)
Except those uses identified in Attachment 1 of the Central Perkiomen Valley Regional Planning Commission Intergovernmental Cooperative Implementation Agreement,[4] which are strictly prohibited, any lawful use not otherwise permitted in any other Zoning District in the Township.
[Added 1-14-2010 by Ord. No. 2010-01]
[4]
Editor’s Note: A copy of said agreement is on file in the Township offices.
(8)
Grower/processor facility.
[Added 8-10-2017 by Ord. No. 2017-01]
(b)
Grower/processor facility which grows, stores, harvests or processes medical marijuana can only do so in an indoor, enclosed and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(c)
There shall be no more than one grower/processor facility per lot.
(d)
There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.
(e)
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy or policies, and shall not be placed within any unsecure exterior refuse containers.
(f)
The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at the grower/processor facility.
(g)
All external lighting serving a grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(h)
Parking requirements will follow the parking regulations found in § 285-163 of the Upper Frederick Township Zoning Ordinance.
(i)
A buffer planting is required where grower/processor facility adjoins a residential use or district in accordance with § 285-165 of the Upper Frederick Township Zoning Ordinance.
(j)
Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.
(k)
The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility, and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Upper Frederick Township Code of Ordinances.
§ 285-160 Standards and criteria for Class I special exceptions.
[Amended 9-10-1998 by Ord. No. 98-5]
The Zoning Hearing Board may authorize a use as a Class I special exception if it conforms with the following standards and criteria:
A.
The proposed special exception use(s) shall be primarily intended to serve the daily service needs of the employees of the I-Industrial District.
B.
The proposed special exception use shall meet the dimensional requirements and all other standards of the I-Industrial District for Class I uses.
[Amended 6-14-2007 by Ord. No. 2007-06]
C.
The proposed special exception use shall be part of an integrated industrial park development.
§ 285-161 Dimensional standards.
[Amended 9-10-1998 by Ord. No. 98-5; 3-8-2007 by Ord. No. 2007-04; 1-14-2010 by Ord. No. 2010-01]
The following table contains dimensional standards for standard industrial subdivisions and integrated industrial park development. In order to qualify as an integrated industrial park, a development must contain at least three uses on a total gross lot size of at least 15 acres.
Class I | Class II | Integrated Industrial Park Development | ||||
|---|---|---|---|---|---|---|
Minimum net lot area | 80,000 square feet | 10 acres | 40,000 square feet minimum; 80,000 square feet average | |||
Minimum gross lot size | 15 acres | |||||
Minimum lot width (feet) | 200 | 750 | 150 | |||
Minimum building setbacks, measured from: | ||||||
The ultimate right-of-way (feet) | 75 | 250 | 50 | |||
Abutting properties that have residential or institutional uses or zoning (feet) | 100 | 250 | 100 | |||
All other abutting properties (feet) | 50 | 250 | 35 | |||
Minimum vegetative area (gross lot area) | 40% | 40% | 40% | |||
Maximum building coverage (based on net lot area) | 25% not to exceed 15,000 square feet for a single use | 25% not to exceed 15,000 square feet for a single use | 25% not to exceed 15,000 square feet for a single use | |||
Exclusive of existing rights-of-way of public roads | ||||||
§ 285-162 Height regulations.
The maximum height of buildings and other structures erected or enlarged in this district shall be 40 feet, except that such height may be increased to a maximum of 60 feet or such increased height as may be warranted when approved by the Zoning Hearing Board, provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth, and provided that structures that are over 40 feet are not regularly used by people, such as chimneys, water towers, windmills, communications antennas, etc.
§ 285-163 Parking, circulation and loading requirements.
§ 285-164 Performance standards.
[Amended 8-13-1998 by Ord. No. 98-4]
All permitted uses in this district shall comply with the performance standards contained herein:
A.
Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. § 4001-4015, as amended, and the following standards:
(1)
Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour; or equal to or greater than 30% at any time, and shall comply with Pa. Code, Title 25, Chapter 127.A(7), or its most recent update.
(2)
Particulate, vaporous and gaseous emissions.
(a)
No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point.
(b)
No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7% oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices.
(c)
For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500° F. and 50% excess air.
(3)
Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.S. § 7412) as promulgated in 40 CFR, Part 61, or its most recent update.
(4)
Odor.
(a)
No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodorous are detectable outside the property of the person where the source is being generated.
(b)
The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.
(c)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.
B.
Noise control. At no point on the boundary of a nonindustrial zoning district shall the sound level of any operation exceed the described levels of the designated octave bands shown below for the districts indicated. Objectionable noises, due to intermittence, beat frequency or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.
Octave Band in Cycles Per Second | Along Residential District Boundaries-Maximum Permitted Sound Level in Decibels | At any other point on the Lot Boundary-Maximum Permitted Sound Level in Decibels | |
|---|---|---|---|
0 to 75 | 72 | 79 | |
75 to 150 | 67 | 74 | |
150 to 300 | 59 | 66 | |
300 to 600 | 59 | 62 | |
600 to 1,200 | 46 | 53 | |
1,200 to 2,400 | 40 | 47 | |
2,400 to 4,800 | 34 | 41 | |
Above 4,800 | 32 | 39 |
C.
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
D.
Glare or heat control. Any operation producing intense glare or heat shall be performed within any enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
E.
Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.
F.
Fire and explosive hazards. Flammable and explosive materials shall be stored used and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
G.
Outdoor storage.
(1)
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(3)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(4)
No materials or wastes of any form may be stored in a floodplain area.
(5)
Outdoor storage and refuse areas shall be setback 30 feet from abutting properties that have residential or institutional uses or zoning and 20 feet from all other abutting properties.
(6)
Outdoor storage and refuse areas are not permitted in the setback area measured from the ultimate right-of-way line.
H.
Waste disposal. No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the Township Sewage Enforcement Officer, as appropriate; nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
I.
Public water service. Industrial uses shall be served by public water where available. Water shall be supplied from wells only after an approved or accepted geologic study furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties. All water resources shall be approved by the Pennsylvania Department of Enforcement Protection.
J.
Electrical power. Every use shall be so designed and operated so that the service lines, substations, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, shall be so constructed, installed, etc., as to be an integral part of the architectural features of the plant, or if visible from abutting residential properties shall be concealed in accordance with the landscaping requirements below.
§ 285-165 Buffer and landscaping.
The following buffer and landscaping requirements shall apply to all industrial properties:
A.
Screening buffer. Screening buffers shall be provided when industrial properties abut residential or institutional uses or districts. The screening buffer area shall be a minimum of 25 feet in width along the property line and shall contain hedge, evergreen trees, shrubbery or suitable vegetation of sufficient planted density to provide a total visual screening consistent with the topography, the existing vegetation and the use of adjacent land. Whenever possible, the owner shall make every effort to retain existing natural screening, such as vegetation and topography. Screening buffers must be developed in accordance with the provisions of § 240-36 of Chapter 240, Subdivision and Land Development.
B.
Softening buffers. Softening buffers shall be provided when industrial properties abut nonresidential uses and districts. The minimum number of trees and shrubs shall be as follows planted either formally or in imaginative groupings:
C.
Open space use of buffer areas. When industrial property contains or abuts a stream valley, the minimum twenty-five-foot required buffer area shall be provided and shall be measured from the floodplain line or from the top of bank above the floodplain line, whichever is further away from the watercourse. This stream valley buffer strip shall be reserved for use a trail corridor for interconnection with Township or county trail system.
D.
Street trees. Along road rights-of-way, shade trees shall be planted a minimum distance of five feet beyond the ultimate right-of-way line inside the lot. Trees shall be planted not less than 40 feet apart nor more than 50 feet apart and shall have a minimum caliper of 2 1/2 inches at time of planting.
§ 285-166 Plan submittal requirements.
Plan submitted for development of uses in the I - Industrial District shall include the following in addition to the information required by Chapter 240, Subdivision and Land Development.
A.
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, stormwater management facilities and other constructed features on the lot; and all buildings, streets, alleys, highways, stream and other topographical features of the lot and within 200 feet of any lot line.
B.
Architectural plans and elevations for any proposed buildings.
C.
A description of existing and proposed equipment, processes and products with engineer and architectural plans in sufficient detail to describe the production and control of effects regulated by the standards of this article.
D.
Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.
E.
Designation of any fuels or potentially toxic or hazardous matter to be utilized and measures proposed to control access to, combustion of and emissions from those materials.
F.
The proposed number of shifts to be worked and the maximum number of employees on each shift.
G.
Landscaping plans in accordance with the provisions of this article.
H.
An environmental assessment statement when deemed necessary by the Board of Supervisors and/or Township Planning Commission, in accordance with the provisions of § 285-57 of this chapter.
I.
A traffic impact study when deemed necessary by the Board of Supervisors and/or Township Planning Commission, in accordance with the provisions § 285-74 of this chapter.
J.
Letters or certificates of approval showing compliance with all state and/or federal and other legal requirements.
K.
Any other pertinent data or evidence that the Planning Commission may require.