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West Deer Township City Zoning Code

ARTICLE XXV

Conditional Use

§ 210-159 Powers and duties.

The Board of Supervisors shall hear and decide upon requests for conditional uses which are permitted by this chapter, after review and recommendation of the Planning Commission and consistent with the MPC Section 603(c)(2), that the governing body may attach such reasonable conditions and safeguards, other than those related to offsite transportation or road improvements, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of the MPC and the Zoning Ordinance. These conditions may include but are not limited to additional setbacks. A conditional use shall be granted approval, predicated upon the submission of a written application demonstrating that the development:
A. 
Will not endanger the public health, safety, morals and general welfare if located where proposed, and that the use will not deteriorate the environment and will meet all performance standards of § 210-153.
B. 
Meets all other requirements of this chapter in the zoning district where the use is proposed;
C. 
Is in general conformity with the Township's Comprehensive plan; and
D. 
Is an appropriate use on the proposed site.

§ 210-160 Procedures.

A. 
The landowner shall file with the Township Zoning Officer an application for the granting of a conditional use along with all required background information identified as part of the conditional use application to explain the development proposed and its compliance with the standards and criteria of this chapter. Said request shall be accompanied by a fee specified by the Board of Supervisors and shall be filed in triplicate.
B. 
The Board of Supervisors shall transmit one copy of the request as well as all documentation to the Township Planning Commission for recommendation.
C. 
The Board of Supervisors shall initiate a hearing within 60 days of said request pursuant to public notice.
D. 
The Board shall render a decision and inform the applicant of said decision within 45 days of the hearing date. If the governing body fails to render a decision within 45 days of the last hearing before the governing body or fails to commence, conduct or complete the hearing as provided in 908(1.2) of the MPC, the decision shall be deemed to have been rendered in favor of the applicant. The governing body functions shall comply with the MPC Section 913.2.
E. 
An applicant for conditional use approval shall submit an illustrative site plan which will show, to scale:
(1) 
The entire property to be developed;
(2) 
The location, height and use of all structures; and
(3) 
Topographical and natural features on the property.

§ 210-161 Permit expiration.

A. 
Once a conditional use has received approval, the applicant shall apply for a building permit and/or occupancy permit within 12 months from the date of approval, or the conditional use approval shall become null and void.
B. 
The Board of Supervisors may, upon written request being filed by the applicant at least 30 days prior to the expiration, grant an extension of time, not to exceed 12 months. Upon granting any extension of time, the Board shall ensure that the conditional use permit complies with all current ordinances and codes.

§ 210-162 Conditional use standards and criteria.

A. 
Each conditional use identified in Articles VII through XVII shall address the following applicable standards and criteria as identified. Additional conditions may be placed upon the applicant by the Board of Supervisors as deemed necessary to provide for the health, safety, morals and general welfare of the community.
(1) 
Adult-oriented establishment.
(a) 
See Township Code of Ordinances - Chapter 65.
(b) 
An adult-oriented establishment shall not be located within 1,000 feet of a place of worship, public, private, or parochial school, public library, child care center or public park.
(c) 
Signage shall conform with all applicable provisions of § 210-126.
[1] 
In addition, wall signs shall be the only permissible sign type for adult-oriented establishments.
[2] 
Moving, rotating, swinging, animated or flashing signs of any kind shall be prohibited.
[3] 
Signage shall not display any nude, obscene, or graphic content.
(d) 
Products shall be displayed only within the interior of the building and windows shall be arranged so that no products are visible from the street right-of-way.
(2) 
Airport.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
[1] 
Minimum lot size shall be 50 acres.
[2] 
The airport may include accessory uses such as hangars, fuel storage and restaurant.
[3] 
All new structures shall be separated by a minimum of 100 feet.
[4] 
The perimeter of the property shall be fenced unless otherwise determined by the Board of Supervisors.
[5] 
The control tower or communication tower may be permitted to a maximum height of 100 feet unless otherwise approved by the Federal Aviation Administration.
(b) 
All site plans, operation plans and other required plans shall be approved by the Federal Aviation Administration (FAA), state and county agencies prior to action by the Township.
(3) 
Apartment.
(a) 
Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.
(b) 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone paving material to minimize dust.
(c) 
If the parking area for an apartment development is adjacent to an existing residential lot, any parking areas that demand greater than 30 automobiles, the following shall apply:
[1] 
An additional ten-foot setback shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
[2] 
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of buffer not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.
(d) 
All dumpsters and/or waste collection areas shall be located a maximum of 200 feet from the further most residential unit and shall be screened. Screening shall be a minimum of eight feet in height with a minimum opacity of 80%.
(e) 
The primary vehicular entrance to the apartments shall face the public right-of-way.
(f) 
No apartment building shall be located within the flight path of a runway facility of an airport.
(4) 
Automobile rental.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based. On the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
All automobile rental establishments shall be located adjacent to an arterial road as identified by the Township.
(c) 
All automobile rental establishments shall have a minimum lot area of one acre.
(d) 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(e) 
All outdoor areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
(5) 
Automobile sales/service.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
All automobile sales/services shall be located adjacent to an arterial road as identified by the Township.
(c) 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
(d) 
All outdoor areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
(6) 
Bed-and-breakfast.
(a) 
All service areas shall be located to the rear of the lot and properly screened as per § 210-153.
(b) 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
(c) 
Plans for ingress, egress and internal traffic circulation on the lot shall be reviewed and approved by the Township Engineer regarding public safety.
(7) 
Billboards.
(a) 
A billboard shall be considered a structure.
(b) 
A billboard shall not be erected within 1,500 feet of the line of any academic school property. Required spacing shall be measured from a point perpendicular to the structure along the front lot line parallel to the centerline of the roadway to which the billboard is oriented.
(c) 
On limited access highways, a billboard shall not be erected within 500 feet of an interchange or safety rest area measured along a limited access highway from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.
(d) 
The minimum front, side and rear yard requirements applicable to a principal seas set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
(e) 
No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign or residential or nonresidential structure.
(f) 
No billboard shall be constructed that obstructs visibility within the clear sight triangle to a height of 25 feet from the average ground elevation of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety. Average ground elevation shall be measured as the median between the high point and low point found within the clear sight triangle area.
(g) 
Billboards shall maintain a lateral minimum spacing of 1,500 feet between billboard structures. Required spacing shall be measured from a point perpendicular to the centermost point of the billboard structure along the front lot line parallel to the center line of the roadway to which the billboard is oriented. The applicant shall document this spacing of any existing adjacent billboards.
(h) 
Billboards may not be mounted on the roof or project above the parapet of a building wall.
(i) 
A detailed plan shall be submitted which indicates billboard size, number of faces, landscaping, construction types and site plan illustrating compliance with applicable setbacks and right-of-way locations.
(j) 
The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 60 miles per hour wind load.
(k) 
Size and shape.
[1] 
Billboard signs shall not exceed 64 square feet on any one parcel. The parcel must be a separate, subdivided tract, or lot, and far enough away from adjacent properties so as to not effect or damage adjacent properties in case of collapse. All applications for billboards must be submitted to the Planning Commission for review and consideration. Final approval is required by the Board of Supervisors.
[2] 
The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.
[3] 
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion.
(l) 
Landscaping requirements.
[1] 
If the billboard foundation is visible from the right-of-way, the entire base of the billboard structure shall be permanently landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
[2] 
Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
[3] 
Landscaping shall be maintained by the billboard sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
[4] 
Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.
[5] 
All grading shall be in accordance with West Deer Township and Commonwealth of Pennsylvania regulations.
[6] 
No bare earth cuts are permitted on a hillside.
[7] 
All earth cuts or fills are to be permanently seeded or planted to prevent erosion.
(m) 
Lighting.
[1] 
A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of zero foot-candle upon an adjoining lot.
[2] 
No billboard shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties because of movement, flashing or emitting noise. All display lighting shall be designed in accordance with PennDOT regulations.
[3] 
The use of colored lighting for exterior spot lighting or uplighting is not permitted.
(n) 
Maintenance.
[1] 
A billboard structure shall be entirely painted every three years.
[2] 
Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by an engineer or an architect and shall provide to West Deer Township a certificate from an engineer or architect attesting that the billboard is structurally sound.
[3] 
Inspections of the billboard may be conducted by West Deer Township to determine compliance with the provisions of this chapter.
[4] 
Billboards found to be in violation of this chapter shall be brought into compliance or shall be removed within 30 days upon proper notification by West Deer Township. Failure to comply shall be a violation of this chapter.
[5] 
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure.
(8) 
Business and technology park (BTP).
(a) 
The minimum tract size, under single ownership, shall be 45 acres. Expansion of an approved BTP shall not be limited to a minimum lot size.
(b) 
A developer's agreement shall be provided for the initial development of a BTP and any expansion of the BTP shall be consistent with the initial Agreement.
(c) 
The following yard and area standards for individual lots within the BTP shall be as measured from the wall of the building or the end of the loading dock, whichever is closer to the property line:
[1] 
Minimum lot size: 1 1/2 acres.
[2] 
Minimum lot width: 150 feet.
[3] 
Minimum front yard setback: 50 feet.
[4] 
Minimum side yard setback:
[a] 
Adjoining residential use or zoning district: 50 feet.
[b] 
Adjoining nonresidential use or zoning district: 20 feet.
[c] 
Street side on corner lot: 50 feet.
[5] 
Minimum rear yard setback: 50 feet.
(d) 
Building height shall be regulated as follows:
[1] 
No structure shall exceed five stories above ground, or 72 feet in height, whichever is less. Height shall be measured from the average ground finished elevation to top of parapet, except that all structures on top of the roof, including cooling and water towers or stacks in connection with heating or ventilation, elevator equipment or satellite dishes situate on the roof shall not be factored into the measurement.
[2] 
For any structure which exceeds 2 1/2 stories above ground, or 35 feet in height, and adjoins a residential use or zoning district shall be set back 100 feet.
(e) 
Impervious surface ratio. The maximum impervious surface coverage of the buildable area of a lot shall be 80%. Impervious surfaces shall include all principal and accessory structures and paved areas.
(f) 
The maximum coverage of a lot by all principal and accessory structures shall be 60%.
(9) 
Campground.
(a) 
The area of land shall have a minimum area of five acres.
(b) 
The minimum lot or campsite shall be 20 feet in width and 40 feet in length. The drive-through spaces shall be 15 feet in width and 60 feet in length.
(c) 
Each parking space in a campground shall be improved with gravel or better covering as approved by the Township, in order to maintain a dust and mud-free condition.
(d) 
All lots shall have water provided on site. A minimum of 50% of all lots shall have, sewage, and electricity provided on site. All remaining lots shall have sewage, and electricity provided within 300 feet of each lot.
(e) 
Restrooms and sanitary facilities shall be provided to at least the minimum standards as outlined within PA Title 28 Chapter 19. Shower facilities shall be provided at a ratio of no less than one shower per 20 camp sites/spaces, with adequate parking areas adjacent thereto.
(f) 
Usable open space for common areas shall be planned and provided at convenient locations to provide at least 200 square feet per lot. Such open space may include play yards, pools, and recreation buildings but shall not be deemed to include public facilities and open areas not accessible to the tenants.
(g) 
Refuse storage areas shall be provided in key areas throughout the park or campground with provisions for screening and collection.
(h) 
Each campground shall be enclosed by a six-foot perimeter fence and by a landscaping strip of five feet average width on the street side of the park. The Township may require a higher fence when the park abuts a residential area.
(i) 
There shall be a minimum of 10 feet setback between the pads and the exterior perimeter boundaries.
(j) 
The street system shall be maintained in a well-graded, dust-free condition at all times.
(k) 
All utilities shall be placed underground.
(l) 
A secondary emergency exit shall be provided.
(m) 
A storm drain system shall be provided to accommodate run-off, both tributary to and originating within the recreational vehicle park or campground, and to transfer said runoff to a satisfactory point of disposal. The storm drain system shall be constructed in accordance with improvement plans prepared by a civil engineer and approved by the appropriate building official.
(n) 
A statement on the method of fire protection shall accompany each application, which shall be approved by the fire agency in charge before the application for a use permit is scheduled on the agenda of the Planning Commission.
(10) 
Cemetery.
(a) 
The location of a cemetery shall be as approved by the Township Board of Supervisors and shall be accessible from an approved street in the Township.
(b) 
The minimum lot area shall be 20 acres; the maximum lot area shall be 50 acres.
(c) 
All structures shall be located no closer than 100 feet to any property line.
(d) 
No burial sites shall be located closer than 50 feet to any property line.
(e) 
A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.
(f) 
Plans for ingress, egress and internal traffic circulation on the lot shall be reviewed and approved by the Township Engineer regarding public safety. Any ingress/egress routes that involve roads owned by the state of county shall submit plans to the corresponding agencies. The traffic study shall be submitted to the Township. The traffic study shall minimally include intersection details, line of sight measurements, average traffic speed for morning and afternoon hours Monday through Saturday, and trips for morning and afternoons Monday through Saturday.
(g) 
Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the parking requirements of this chapter.
(h) 
All outdoor storage of equipment or material shall be screened from adjacent streets and properties.
(i) 
An additional 10 feet of yard setback with landscaping a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided to protect the surrounding residences from inappropriate light and other disturbances.
(j) 
At no time shall a corpse be exposed or visible from a public right-of-way or adjacent lot. The hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from inappropriate noise, dust, odor, vibration, light or other disturbance or interruption.
(k) 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted.
(l) 
The owner(s) and operator(s) of a cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination. The application shall provide proof of all licensing required in connection with operation of the cemetery and shall comply with all applicable state and federal regulations pertaining to cemetery operation.
(11) 
Communication tower.
(a) 
The applicant who proposes to construct a new communications tower shall provide the Township's Building Inspector and Code Enforcement Officer with written technical documentation from a design engineer that the proposed location of the tower is necessary to complement the existing communication network by filling a gap in coverage.
(b) 
Collocation and siting. Before an applicant proposes to construct a new communications tower, the applicant shall demonstrate that it attempted to locate the proposed antenna on an existing communications tower or other tall structure. The procedure for ruling out this collocation requirement shall be followed by all applicants proposing a new communications tower and is described below.
[1] 
The applicant shall contact all owners of surrounding communications towers and tall structures within one mile of the proposed communications tower in order to determine if the proposed antenna and related equipment can be located on an existing structure. As part of the application, the applicant shall demonstrate at least one of the following reasons for forgoing collocation on an existing communications tower or other tall structure.
[a] 
That the proposed communications antenna and related equipment would exceed the structural capacity of existing communications tower or other tall structures.
[b] 
That the proposed communications antenna would cause radio frequency interference with other existing equipment on existing communications towers or other tall structures.
[c] 
That the existing communications towers or other tall structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its function.
[d] 
That the addition of the proposed communications antenna and related equipment would result in electromagnetic radiation from such communications towers exceeding standards established by the Federal Communications Commission (FCC) governing human exposure to electromagnetic radiation.
[e] 
That a commercially reasonable agreement could not be reached with the owner of the communications tower or other tall structure.
[2] 
An applicant who can utilize any existing communications tower or other tall structure shall make a good faith effort to utilize the existing communications tower structure rather than construct a new tower and shall provide written proof of such good faith efforts.
[3] 
If an existing communications tower or other tall structures is within a one-mile radius of the proposed tower and the applicant does not contact owners of such tall structures or does not make a good faith effort as described above, West Deer Township may deny the request for conditional use approval based on such inaction.
[4] 
If the applicant succeeds in co-locating an antenna on an existing communications tower or other tall structure, the regulations applicable to communications antenna mounted or located on existing or newly constructed buildings, light poles/standards or on utility transmission poles and communications equipment buildings/cabinets shall be adhered to.
(c) 
Co-locations and modifications that fall within the provisions of the Pennsylvania Wireless Broadband Collocation Act.
[1] 
The Pennsylvania Wireless Broadband Collocation Act applies to applications for modification, replacement and collocation that meet all of the following requirements:
[a] 
The proposed collocation, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.
[b] 
The proposed collocation, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array, provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if permitted and approved by the municipality.
[c] 
The proposed collocation, modification or replacement may not increase the dimensions of the equipment compound approved by the municipality.
[d] 
The proposed collocation, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
[e] 
The proposed collocation, modification or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
[2] 
An application for replacement, collocation or modification of a wireless telecommunications facility or wireless support structure entitled to processing under this section shall be reviewed for conformance with the Township's applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment, but shall not be subject to the issuance of new zoning or land use approvals or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or wireless telecommunications facility. Replacement of wireless telecommunications facilities on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.
[3] 
Any applicant proposing the co-location or modification of a non-tower WCF shall submit a building permit application to the Township.
[4] 
Timing. Within 30 calendar days of the date that an application for a commercial communications antenna is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(d) 
Tower-based facilities. If the applicant proposing a new communication antenna is not able to collocate on an existing tower or structure, the following design criteria shall be adhered to:
[1] 
Standard of care. Any tower-based facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based facility shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
[2] 
Gap in coverage. An applicant for a tower-based facility must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of facility being proposed is the least intrusive means by which to fill that gap in wireless coverage.
[3] 
Setbacks. The following building setbacks shall be adhered to by all communications towers:
[a] 
Towers shall be located on the lot so that the minimum distance from the base of the tower to any adjoining property line is equal to 100% of the proposed tower height.
[b] 
Towers shall be set back a distance equal to 110% of their height from any existing building used for human habitation or by humans on a regular basis.
[4] 
Height.
[a] 
Any tower-based facility shall be designed at the minimum functional height, which means the minimum height necessary for wireless communications facility to fill a gap in coverage.
[b] 
Tower height shall be measured from the top of the foundation to the top point of the tower or the top point of the communications antenna, whichever is higher. The total height shall not include required lighting rods and other safety devices as required by the Federal Communications Commission (FCC).
[c] 
Under no circumstances shall a communications tower exceed 250 feet in height.
[d] 
Any tower-based facility over 50 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[5] 
Lighting. Lighting for communications towers shall be in accordance with the following regulations.
[a] 
Lighting shall be required for the tower as a safety measure for low-flying aircraft. The proposed lighting plan for the tower shall be approved by the FAA. The lighting plan for the tower shall be oriented in a manner so as not to unnecessarily project onto surrounding residential property.
[b] 
Any proposed security lighting for the accessory equipment building or structure shall be minimized as much as possible.
[c] 
No lighting proposed shall project onto adjoining properties.
[6] 
Access. If any new access to the lot is proposed, the following regulations shall be adhered to:
[a] 
Where the lot abuts or has access to an arterial road, access for maintenance vehicles shall be exclusively by means of the arterial roads. If possible, direct access from a local street shall be avoided.
[b] 
Where applicable, the facility owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
[c] 
At least one parking space shall be provided for each tower.
[d] 
The access drive to the lot shall be at least 12 feet in width and improved with material acceptable to the Township's Building Inspector and Code Enforcement Officer. No access drive shall be constructed of dirt or left in an unpaved state.
[7] 
Fencing/signage. If deemed necessary by the Township, fencing and/or signage may be required in accordance with the following regulations:
[a] 
If fencing is required, it shall be a minimum of six feet in height and shall have a locked gate.
[b] 
A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based facility greater than 50 feet in height, as well as guy wires, or any building housing facility equipment.
[c] 
All tower-based facilities shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the facility shall be those required by the FCC, or any other federal or state agency.
[d] 
If high voltage is provided at the tower, signs shall be posted at intervals of not more than 20 feet along the exterior perimeter of the site. The signs shall say "danger-high voltage," and the words shall be legible from a distance of 20 feet.
[8] 
Abandoned towers.
[a] 
Any abandoned or unused communications tower shall be removed by the owner within 12 months of the date the antenna was abandoned or last used.
[b] 
If a communications tower is abandoned, the owner shall be required to immediately notify the Township in writing of the abandonment.
[c] 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based facility, the facility applicant shall provide to the Township and thereafter maintain financial security sufficient to guarantee the removal of the tower-based facility. Said financial security shall remain in place until the tower-based facility is removed.
[9] 
Land development. In addition to the conditional use approval, all applicants who propose a communications tower shall submit for approval a land development plan indicating antenna location, height and design, proposed access, drainage improvements with a stormwater management plan, and a landscaping plan in accordance with the provisions of this chapter.
[10] 
Noise.
[a] 
Any noise generated from the communication tower or equipment shall not exceed 60 decibels measured at the property line.
[b] 
Back-up generator testing shall only occur between the hours of 10:00 a.m. and 4:00 p.m. Monday through Friday.
[11] 
Application requirements. The applicant proposing to construct a communications tower shall provide:
[a] 
Detailed construction drawings for review by the Township Building Inspector.
[b] 
Detailed certification from an engineer that the proposed installation will be constructed in accordance with all applicable international building code standards and will have structural capacity to serve the devices, antennas and equipment mounted thereon.
[c] 
A map of West Deer Township together with all adjoining Townships indicating exact location of all other towers which they have or may have the potential to have collocation.
[d] 
A propagation study and all supporting data evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the facility applicant, the power in watts at which the facility applicant transmits, and any relevant related tests conducted by the facility applicant in determining the need for the proposed site and installation.
[e] 
Documentation demonstrating that the proposed tower-based facility complies with all state and federal laws and regulations concerning aviation safety.
[f] 
Documentation demonstrating that the proposed tower-based facility complies with all applicable standards in this chapter.
[g] 
Where the tower-based facility is located on a property with another principal use, the facility applicant shall present documentation to the Township that the owner of the property has granted an easement for the proposed facility and that vehicular access will be provided to the facility.
[12] 
Health and safety conditions. The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
[13] 
Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based facility, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed facility's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[14] 
Visual appearance and land use compatibility. Tower-based facility shall comply with the Township's written aesthetic standards. In the absence of such standards, Tower-based facilities shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Township, or shall have a galvanized finish. All tower-based facilities and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Towers requiring guy wires as a part of the tower construction are prohibited in the Township. The Township's Board of Supervisors shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[15] 
Additional non-tower facilities/antenna. As a condition of approval for all tower-based facility, the applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate non-tower antenna on the tower where technically and economically feasible. The owner of a tower shall not install any additional non-tower antenna without obtaining the prior written approval of the Township.
[16] 
Wind. All tower-based facility shall be designed to withstand the effects of wind according to the most recent standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
[17] 
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility. Landscaping shall be provided along the perimeter of the tower base and transmitting equipment area to provide a visual screen or buffer for adjoining private properties and the public right-of-way.
[18] 
Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the facility shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[19] 
Timing of approval. Within 30 calendar days of the date that an application for a tower-based facility is filed with the Township, the Township shall notify the facility applicant in writing of any information that may be required to complete such application. All applications for tower-based facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based facility and the Township shall advise the facility applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the facility applicant to provide the information shall not be counted toward the 150-day review period.
[20] 
Tower-based facility's constituting small wireless communications facilities (SWFC) shall be subject to the following timelines:
[a] 
Tolling. Within 10 calendar days of the date that an application for a small wireless communications facility is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. The shot clocks described below then reset once the applicant submits the supplemental information requested by the Township. For subsequent determinations of incompleteness, the shot clock will be tolled if the Township provides written notice within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information.
[b] 
Applications to collocate small wireless communications facilities using existing structures. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
[c] 
Applications to deploy a small wireless communications facilities on new structures. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
[d] 
Batched applications. If an applicant files multiple siting applications on the same day for the same type of facilities, each application is subject to the same number of review days. However, if an applicant files a single application for a batch that includes both collocated and new construction of small wireless facilities, the longer ninety-day shot clock will apply.
[21] 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based facility, as well as associated inspection, monitoring, and related costs.
[22] 
Reimbursement for right-of-way (ROW) use. In addition to application and permit fees and associated costs as described in this chapter, every facility located in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each facility shall pay an annual fee to the Township to compensate the Township for the Township's cost incurred in connection with the activities described above.
[23] 
FCC license. Each person or entity that owns or operates a tower-based facility shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[24] 
Reservation of rights. In accordance with applicable law, the Township reserves the right to deny an application for the construction or placement of any tower-based facility for numerous factors, including but are not limited to, visual impact, design, and safety standards.
[25] 
Insurance. Each person or entity that owns or operates a tower-based facility greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based facility. Each person or entity that owns or operates a tower-based facility 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based facility. All such coverages shall be continuously maintained during the period that such tower-based facility is in place and the certificate of insurance shall provide that the Township shall be given written notification at least 30 days in advance of the expiration or cancellation of such coverages.
[26] 
Indemnification. Each person or entity that owns or operates a tower-based facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based facility. Each person or entity that owns or operates a tower-based facility shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[27] 
Engineer signature. All plans and drawings for a tower-based facility shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
[28] 
Sole use on a lot. A tower-based facility shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The lot shall meet the minimum lot area of the district in which it is located. The minimum distance between the base of a tower-based facility and any adjoining property line or street right-of-way line shall equal 100% of the proposed facility structure height or the minimum required setbacks for the district, whichever is greater.
[29] 
Combined with another use. A tower-based facility may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[a] 
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the facility.
[b] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based facility, the equipment building, security fence, and buffer planting if the proposed facility is greater than 50 feet in height.
[c] 
Minimum setbacks. The minimum distance between the base of a tower-based facility and any adjoining property line or street right-of-way line shall equal 100% of the proposed facility structure height or the minimum required setbacks for the district, whichever is greater. Where the site on which a tower-based facility is proposed to be located is contiguous to an educational use, child day-care facility or residential use, the minimum distance between the base of a tower-based facility and any such adjoining uses shall equal 110% of the proposed height of the tower-based facility.
(12) 
Contractor's yard.
(a) 
A contractor's yard shall have a minimum lot area of 20,000 square feet and a maximum lot area of two acres.
(b) 
A contractor's yard shall have direct access to an arterial road as identified by the Township.
(c) 
All equipment supplies, materials and other apparatus shall be properly screened. Screens shall be constructed with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet in height and with a minimum opacity of 80%.
(d) 
All property boundaries adjoining an existing residence shall provide a landscaped buffer yard of a minimum 15 feet in with. The buffer yard shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
(e) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(f) 
A contractor's yard that adjoins a property containing an existing dwelling unit shall not begin mechanical operations until 7:00 a.m. and shall cease all mechanical operations by 9:00 p.m.
(13) 
Convenience store with gasoline.
(a) 
The minimum lot area for a convenience store with gasoline shall be 20,000 square feet.
(b) 
No street entrance or exit shall be located within 200 feet of a street entrance or exit of any school, park or playground, hospital, church, public library or public or semipublic buildings.
(c) 
The convenience store with gasoline shall have direct ingress/egress to an arterial road as identified by the Township.
(d) 
A canopy over the gas pumps shall be permitted, provided that:
[1] 
The canopy is not attached to the principal building.
[2] 
The canopy shall not be enclosed.
[3] 
The canopy shall be located a minimum of 50 feet from any property line or street right-of-way.
[4] 
The canopy shall be removed immediately if the principal use is changed or discontinued.
(e) 
All authorized minor repair work, car washing and lubrication shall be conducted within a completely enclosed building.
(f) 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
(g) 
Off-street parking shall be provided for a minimum of one space for each employee on duty and employer plus three spaces for each repair bay.
(h) 
Gasoline pumps shall be located at least 40 feet from the centerline of the right-of-way of any public street.
(i) 
All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line.
(j) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(14) 
Country club/golf course.
(a) 
A traffic impact study shall be required to be submitted if the proposed country club/golf course in accordance with the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
(b) 
All parking areas adjacent to an existing residential use or residential zoning district shall provide a screen with a minimum height of six feet. Screens shall be constructed as earth berm, landscaped buffer yards, fence or wall and should have a minimum opacity of 80%.
(c) 
Golf holes shall provide a minimum safety setback of 50 feet between the outermost boundary of the golf hole and the nearest property line.
(d) 
Service areas, maintenance areas/facilities and dumpster areas shall be screened from adjacent residences with a screen of a minimum height of eight feet. Screens shall be constructed as an earth berm, landscaped buffer yards, fence or wall and shall have a minimum opacity of 80%.
(e) 
Exterior lighting for parking areas visible from adjacent residential lots shall be reduced to 50% luminosity after 11:00 p.m.
(15) 
Duplex.
(a) 
All public utilities must be available.
(b) 
Minimum lot area per structure shall be 12,000 square feet.
(c) 
Minimum lot width shall be 100 feet.
(d) 
Minimum yards shall be:
[1] 
Front yard: 25 feet.
[2] 
Rear yard: 40 feet.
[3] 
Side yard (non-party-wall): 12 feet.
[4] 
Street side or corner lot: 25 feet.
(e) 
The proposed use shall be in keeping with the character of the neighborhood and shall not create an undue hardship on surrounding properties.
(16) 
Funeral home.
(a) 
All off-street parking must be provided on the same lot as the funeral home.
(b) 
Exterior lighting for parking areas shall be reduced to 50% luminosity after 11:00 p.m.
(c) 
Off-street parking shall be screened with an earth berm, landscaped buffer yard, fence or wall within a maximum height of six feet and a minimum opacity of 80%.
(d) 
Setbacks shall be consistent with surrounding development.
(e) 
All rooms available for funerals and viewing shall be located within the principal building.
(f) 
Dumpsters shall be located in the rear yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
(17) 
Garage, automobile repair.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
An automobile repair and service station shall have direct ingress/egress to an arterial road as identified by the Township or shall have a point of ingress/egress from a public or private street within the lot of a shopping center.
(c) 
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
(d) 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
(e) 
All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line.
(f) 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
(g) 
Individual parking spaces for automobiles undergoing repair or that have undergone repair must be arranged so that each space has access to and from an unobstructed paved area.
(18) 
Gas and oil production.
(a) 
Classifications:
[1] 
A well pad which would be placed more than 750 feet from any existing principal structure, located off the property where the well pad is sited, may be permitted as a conditional use only in the R, RE, R-1, R-2, R-3 and I Zoning Districts provided such property upon which the well pad would be placed is 10 contiguous acres or more in size. Accessory pads and brine storage shall be located not less than 750 feet from any principal structure, located off the property where the well pad is sited.
[2] 
A shallow well site which would be placed more than 300 feet from any principal structure located off the property where the shallow well site is sited, may be permitted as a conditional use only in the R, RE, R-1, R-2, R-3, R-4, C-2, S-U, and I Zoning Districts provided such property upon which the shallow well site would be placed is two acres or more in size.
[3] 
A natural gas compressor station or any similar facilities performing the equivalent functions which would be located more than 1,200 feet from any principal structure located off the property where the natural gas compressor station or similar facility is located may be permitted as a conditional use only in the R, R-1, and I Zoning Districts.
[4] 
A natural gas processing plant or any similar facilities performing the equivalent functions which would be located more than 1,200 feet from any principal structure located off the property where the natural gas processing plant or similar facility is located may be permitted as a conditional use only in the I Zoning District.
(b) 
Preemption. The Township acknowledges that it is preempted by state law from regulating certain operational methods of the oil and gas industry.
(c) 
Application criteria:
[1] 
The conditional use application shall be accompanied by a fee as established in the Township's schedule of fees. In addition, any direct costs associated with the review of an application or related studies will be paid by the applicant. This includes any direct costs associated with hiring a third party to assist in the review of the application and related documents. Unpaid costs will be a basis for the Township to deny future applications for that well operator.
[2] 
Any modification to an existing and approved shallow or deep well site that materially alters the size, location, number of wells or accessory equipment or structures, or shall require a new conditional use approval under this chapter. Like-kind replacements shall not require a conditional use approval modification.
(d) 
Preapplication conferences:
[1] 
Before submitting an application, the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
[2] 
A preapplication conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The preapplication conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only and shall not bind the Township to approve any application for a permit or to act within any time limit relative to the date of such conference.
(e) 
Conditional use application:
[1] 
The applicant shall provide to the Township at the time of submitting its conditional use application:
[a] 
A narrative describing an overview of the project including the property address(es), number of acres to be involved, the number of wells to be drilled, and the location, number and description of equipment and structures proposed on the site.
[b] 
A narrative describing an overview of the project.
[c] 
The contact information of the individual or individuals responsible for the operation and activities shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency providers.
[d] 
A location map of the shallow or deep well site showing the location of well pads, derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal undisturbed flow of traffic on public streets.
[e] 
A location map of the natural gas compressor station or natural gas processing plant including any equipment and structures and all permanent improvements to the site.
[f] 
A narrative and map describing the manner and routes for the transportation, delivery and removal of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the shallow or deep well site. The narrative shall also state specifically the source of the water, expected gallons to be used per day, and the truck routes with approximate truck trips per day if trucking is to be used for the transportation. One truck trip shall be counted for each direction of travel either to or from the well site.
[g] 
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.
[h] 
Verification that a copy of the operation's Preparedness, Prevention and Contingency Plan (the "PPC") has been provided to the Township and all emergency responders. The PPC shall be in compliance with the Pennsylvania Department of Environmental Protection Guidelines for the Development and Implementation of Environmental Response Plans and any applicable successor regulations.
[i] 
A statement that the applicant, upon changes occurring to the operation's PPC, will provide to the Township and all emergency responders the dated revised copy of the PPC while drilling activities are taking place at the oil or gas well site.
[j] 
Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the PPC for all emergency responders.
[k] 
A copy of the documents submitted to the DEP, or if no document has been submitted to the DEP, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.
[l] 
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance with environmental requirements.
[m] 
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
[n] 
A stormwater management plan for any access road constructed by the well owner/well operator providing for the regulation of surface water drainage consistent with any Township stormwater management ordinance in effect at the time such access road constructed. Such stormwater management plan shall be reviewed and approved by the Township Engineer prior to the approval of any conditional use application for oil and gas development.
[o] 
A copy of a water quality test on all water wells, developed springs and surface waters establishing the base chemical composition of all well and surface water supplies within 3,000 feet of any well pad prior to any drilling. At a minimum, such tests shall be conducted to establish the presence and levels or bacteria/coli form, salt, brine, sulfur, hydrocarbons, including halogenated hydrocarbons, VOCs, SVOCs, methane, suspended solids, water production rate, radionuclides, pH, halogens, heavy metals and/or other contaminants commonly associated with oil and gas drilling operations.
[p] 
A sound study shall be provided in accordance with § 210-162A(18)(g)[6].
[q] 
All documents shall be furnished in both digital and paper format. All materials shall be dated on each page of the document for easy reference. This format shall be utilized for all updates, modifications or supplemental material not included in the application packet.
[r] 
A ten-year master plan shall be provided to the Township illustrating all proposed projects including well pads, above ground storage tanks with capacity, pipelines, gathering lines, pig launchers/receivers, compressor stations and processing plants. The master plan shall include a narrative describing the activities that will occur during construction and operation along with expected community impacts during each phase, including air, water, noise and light levels, traffic and roadway impact.
[s] 
The site plan shall be prepared by an engineer licensed in Pennsylvania and shall include the following:
[i] 
Any structure or building, existing or proposed.
[ii] 
The access road.
[iii] 
Location(s) of pipeline(s).
[iv] 
Location(s) of water line(s).
[v] 
Location of stormwater facilities.
[vi] 
Permanent tanks.
[vii] 
Soil stockpiles.
[viii] 
Erosion and sedimentation control measures.
[ix] 
Vehicle parking areas.
[x] 
Equipment storage and staging areas.
[xi] 
Locations and details of all fencing.
[xii] 
Locations of proposed sound walls or barriers.
[xiii] 
Location and details of proposed landscaping features.
(f) 
Conditions and standards:
[1] 
Well operator shall comply with any generally applicable bonding and permitting requirements for Township roads that are to be used by overweight vehicles and equipment for development activities. For state and county roads located within the Township, well operator shall provide a copy of the highway occupancy permit for overweight vehicles to the Township. Well operator shall provide a transportation route map which depicts the roads to be utilized in the Township. The well operator shall inventory the condition of any Township roads to be used and shall provide video and photo documentation to the Township. The well operator shall also submit at the time of application a road restoration plan that indicates how the well operator plans to address damage to Township roads during construction and after construction is complete. Prior to the commencement of any activity at the approved deep well site, the applicant shall enter into a Township roadway maintenance and repair agreement (the "repair agreement") with the Township, in a form acceptable to the Township regarding maintenance, repair and bonding of Township roads that are to be used by vehicles for oil and gas development activities. Without limiting the generality of the foregoing, the repair agreement shall address the bonding requirements to be imposed against the applicant, in the Township's sole reasonable discretion, and shall identify the responsibilities of the applicant to prepare, maintain, and repair Township roads, before, during, and immediately after drilling operations associated with oil and gas development. Corrective action shall be taken by the well operator as and when directed by the Township.
[2] 
Well operator shall take the necessary safeguards to ensure that all roads utilized remain free of dirt, mud and debris resulting from development activities and shall ensure such roads are promptly (within 24 hours) swept or cleaned of dirt, mud and debris. Ingress and egress points shall be located to comply with applicable PennDOT design standards, and shall meet transition grades, turning radii, and accommodate traffic capacity to provide for efficient movement.
[3] 
Well operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted as reasonably determined by the Township, during periods of anticipated heavy or frequent truck traffic associated with development, well operator shall provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
[4] 
Well operator shall not clear brush or trees by way of burning. However, well operator shall be permitted to, consistent with any relevant outdoor burning ordinance(s), laws and regulations, burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the well operator is engaging in oil and gas development. Copies of all applicable Allegheny County open burning permits shall be provided to the Township. In addition to the requirements of Allegheny County, the well operator shall supply a water truck at the site that is large enough to completely extinguish the fire if needed.
[5] 
Before any oil and gas development activities, the Township shall ascertain whether the Township's Police and Fire Departments have secured adequate information and training to deal with any potentially dangerous conditions that may result due to oil and gas development activities. Emergency responders shall, upon request from the Township and at the well operators sole cost and expense, have on-site training orientation with respect to the PPC and providing adequate awareness information prior to oil and gas development activities. The well operator will provide at least 30 days' notice of on-site training and orientation. Such site orientation shall also be made available immediately after any substantial modification to the oil and gas well site, and not less than annually during the period when the well operator anticipates drilling activities in the Township. An inventory of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases and solids shall be updated annually and filed with the local fire departments. In addition, the well operator shall provide evidence of a contingency plan in the event of an emergency that is beyond the scope and/or expertise of local emergency responders which shall include the identification and location of third-party emergency responders with the ability to address such an emergency.
[6] 
Well operator shall take the necessary safeguards to ensure appropriate dust control measures are in place. The dust control plans shall be approved by the Township prior to construction starting. The Township shall have the right to require additional dust control measures, up to and including stopping truck traffic, if dust control complaints arise.
[7] 
Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, well operator shall locate its temporary and permanent operations where prudent and possible, so as to minimize interference with Township residents' enjoyment of their property and future Township development activities. The Township Engineer will review the site plan with consideration of private property usage and future development.
[8] 
At least 10 days prior to commencement of drilling, the well operator shall provide to the Township Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP"). Revocation of any federal, state, municipal, or other required approvals applicable to the use shall constitute an automatic revocation of the conditional use approval.
[9] 
The well owner/well operator shall provide the Township with contact information which will allow its representatives to be contacted 24 hours a day, seven days a week to address emergencies, complaints, or other issues. Contact information shall also be clearly posted at the entrance to the site.
[10] 
Hours of permitted construction of the proposed well pad, access road or other gas well facilities shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday only, excluding holidays. However, twenty-four-hour drilling and fracturing shall be permitted.
(g) 
Design and installation:
[1] 
Access.
[a] 
Access to any oil or gas well site shall be from an arterial or collector street.
[b] 
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
[c] 
Well owner or well operator must install and maintain any access road constructed to access a deep well site in such a manner to ensure a paved surface for at least 200 feet of its intersection with any public or private road.
[d] 
The well owner/well operator must construct and maintain a "tire cleaning surface" consisting of a minimum of 100 feet of #3 PennDOT approved stone having a depth of not less than six inches leading to the paved portion the access road leading to all intersections with any public road or collector street during construction for drilling operations.
[e] 
The well owner/well operator shall establish and perform a minimum once a day routine cleaning/sweeping of the paved access road surface while the well pad is in operation. Cleaning/sweeping of access roadway and public road surfaces shall be monitored and addressed when dust, debris, or mud are present.
[f] 
The Township has the right to stop truck traffic if mud and/or dust conditions pose a safety hazard.
[2] 
Structure height.
[a] 
Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
[b] 
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
[c] 
There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well. Provided further the time period of such drilling and exemption shall not exceed six months. The well operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
[3] 
Setbacks.
[a] 
Drilling rigs shall be located a minimum setback distance of 1.5 times their height from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.
[b] 
Except as otherwise set forth herein, well pads for the oil or gas well site shall comply with all requirements of the zoning district in which the oil or gas well site is located.
[c] 
Well pads shall be set back 1,000 feet from buildings registered on the National Register of Historic Places or the Pennsylvania Register of Historic Places.
[4] 
Screening and fencing.
[a] 
Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided. Video surveillance shall not constitute as on-site supervision.
[b] 
Upon completion of drilling or redrilling, security fencing consisting of a permanent chain link fence with a minimum thickness gauge of 11 shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site. All fencing surrounding liquid impoundments shall meet and satisfy all OSHA requirements. Fence support posts shall be set in concrete embedded into the ground at the corners, gate posts, and spanning a distance not less than every twenty feet apart. Tension rods shall be 3/8 inch round steel bolt. Tension bars shall have a minimum thickness of 1/4 inch by 3/4 inch. Adjustable tightness shall have a six-inch minimum take-up.
[c] 
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide for vehicle access and three feet wide for pedestrian egress. There shall be no less than two gates capable of vehicle access. Every 250 feet of fence shall have either a vehicle access gate or a pedestrian egress gate.
[d] 
Emergency responders shall be given means to access the oil or gas well site in case of an emergency.
[e] 
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. Warning signs shall be placed at a minimum on all sides of the fence and at every gate.
[f] 
In construction of oil or gas well sites, the natural surroundings should be considered and reasonable attempts made to preserve existing trees and other native vegetation.
[g] 
Evergreen trees are to be planted as screening around the exterior of the fenced well pad area. The trees shall be of such a height when planted as to provide immediate screening and shall be a minimum of eight feet in height. The trees shall be placed in reasonably close proximity to the fenced in well pad area while considering maintenance of the fencing and the health and viability of the trees. All screening shall be maintained for the life of the well pad.
[h] 
Landscaping shall be done in accordance with Article XXIII, Land Development, § 210-153, Development standards, except to the extent inconsistent with this section.
[i] 
Landscape plans shall include tree species, caliper size, initial planting height minimum, height at maturity, age of maturity, and spacing.
[j] 
A fencing detail shall be submitted to the Township for review. The detail shall include location, height, type, gate location and details, and footing details.
[k] 
Natural gas compressor stations and natural gas processing plants shall have Type A screening enclosing the site. All options of Type A screening shall have evergreen trees starting at a minimum of eight feet in height. All screening shall be maintained for the life of the station, plant or facility. The trees shall be placed in close proximity to the station, plant or facility while considering maintenance of the fencing and the health and viability of the trees. All ingress and egress points are exempt from screening requirements.
[l] 
All road frontage on deep well sites, natural gas compressor stations and natural gas processing plants shall have a minimum of Type B screening. Existing plantings may be used if present and identified on the landscape plan. All options of Type B screening shall have either two-and-one-half-inch caliper shade trees or evergreen trees starting at a minimum of eight feet in height. The road frontage screening shall take into account distances from the road, maturity height, maturity width, utility lines, and salt tolerance. All screening shall be maintained for the life of the well pad, station, plant or facility. All ingress and egress points are exempt from screening requirements.
[5] 
Lighting.
[a] 
Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 100 feet of the oil or gas well development.
[b] 
Lighting at a natural gas compressor station and a natural gas processing plant shall, when practicable, be limited to security lighting.
[c] 
A lighting plan that demonstrates compliance shall be submitted to the Township for review.
[d] 
Any operation or activity producing glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 1/2 foot candle when measured at any adjoining property line.
[e] 
Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.
[f] 
Temporary waivers may be applied for specific times in the drilling of the wells that require more illumination due to safety concerns of the workers and community. A waiver request shall include documentation including, specific lighting plans, expert testimony establishing the need for additional lighting to ensure safety and estimated time frame of needed additional lighting. The Township may require additional lighting/glare screening for adjoining properties if a waiver is obtained.
[6] 
Noise.
[a] 
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
[b] 
The applicant shall establish by generally accepted testing procedures to the reasonable satisfaction of the Township, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school, medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test, the applicant may assume and use, for the purpose of compliance with this chapter, a default ambient noise level of 50 dBA from the hours of 8:00 a.m. to 8:00 p.m. and 45 dBA from 8:00 p.m. to 8:00 a.m. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.
[c] 
The applicant shall provide the Township and its consultant documentation of the established ambient noise level prior to conditional use approval.
[d] 
The noise generated during the oil and gas development or operation of the natural gas compressor station or the natural gas processing plant shall not exceed the average ambient noise level established in § 210-162A(18)(g)[6][b] by more than:
[i] 
Five decibels during drilling activities,
[ii] 
Ten decibels during hydraulic fracturing operations.
[iii] 
Five decibels for a natural gas compressor station or natural gas processing plant.
[e] 
Effective sound mitigation devices shall be installed to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facilities.
[f] 
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem if the noise level exceeds the allowable rate. If excess noise levels continue for three days after the initial complaint is verified and no corrective action is taken the well owner/well operator shall cease operations until the noise level is at an allowable level.
[g] 
Natural gas compressor stations and natural gas processing plants shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards in this chapter at residential or public building, medical, emergency or other public facilities.
[h] 
All sound studies shall take in account all activities on site for each phase of the development. Activities include but are not limited to trucking, idling trucks, onsite generators and compressors, job trailer equipment, loading and unloading of trucks or equipment.
[i] 
The sound studies shall state if the study was done for a single well head activity or multiple well heads together. The number of well heads present in the study shall dictate the number of well heads being used or developed at the same time.
[j] 
If sound studies cannot establish that noise levels are capable of meeting a noise level under the maximum allowable standard, an engineered sound barrier or other engineered methods for sound mitigation shall be utilized to comply with the noise levels prescribed.
[k] 
Sound barriers when required shall be in place prior to all activities that would exceed the acceptable levels of noise as prescribed in the sound study.
(h) 
Truck traffic:
[1] 
The well owner/well operator shall contact the local school districts and establish school bus curfews where no truck traffic will occur during the travel times of school buses. This will also include two-hour delays and early dismissals or school functions such as homecoming and prom depending on location of the well pad. It will be the obligation of the well owner/well operator to establish a system to comply with this requirement.
[2] 
The well owner/well operator shall contact the Township and local police department to ensure all Township functions such as parades, community days or other community functions are also protected from truck traffic during those time frames.
[3] 
The well owner/operator shall disclose an anticipated truck traffic report for each project/supporting operation. The report shall state the anticipated truck traffic per day, week and month.
[4] 
Staging of trucks, truck escorts, or other methods approved by the Township shall be used to prevent excess concentrated truck traffic.
[5] 
Compression releasing engine braking and Jake Brakes shall be prohibited. An exemption can be obtained in cases of steep slopes that pose safety concerns when appropriate documentation is provided to the Township. The operator is required to post "no engine brake" signs at 1/2 mile intervals on the truck travel routes.
[6] 
The well owner/well operator shall provide traffic control, including flag men, traffic control devices and escorts during heavy periods of truck traffic or upon Township request, in order to maintain the safe flow of traffic along truck routes.
[7] 
No streets serving exclusively residential neighborhoods shall be utilized.
[8] 
The applicant shall submit a traffic impact study and description of the plan for transportation and delivery of equipment, machinery, water, chemicals, products, materials, waste products and other items that will be utilized or produced in the siting, drilling, stimulating, completion, alteration and operation of the well pad and any accessory use within the well site. Such description shall include documentation and expert testimony for the following.
[a] 
A map showing the planned vehicular access route to the well pad, indicating all private access roads, all state, county, and local roads, bridges, and other transportation infrastructure that may be used, and the type, weight, number of trucks, and delivery schedule necessary to support each phase of the development and operation of the well pad.
[b] 
Identification of any improvements to road infrastructure necessary to accommodate the proposed utilization associated with the well site.
[c] 
The proposed routes shall be designed to ensure adequate capacity for existing and projected traffic volumes, allow for efficient movement of traffic, including appropriate turning radii and transition grade, and minimize hazards to users of public roads and to adjacent property and human activity.
[d] 
The well pad shall have access from an arterial or collector street as identified by the Township.
(i) 
Impoundments.
[1] 
An impoundment is an accessory to a well pad and is located within the boundaries of the well site with the well pad that it services and other accessory uses.
[2] 
An impoundment shall only be used to store fresh water.
[3] 
An impoundment cannot be used to store impaired water (water used during the fracturing process).
[4] 
All impoundments shall be surrounded by the fence that is required by this section to surround the entire well site.
[5] 
As an accessory to a well pad, the fresh water impoundment shall only be used to service the well pad that it is accessory to and not as a centralized impoundment facility or to service any other well pads.
(j) 
Prohibitions.
[1] 
No reserve pits shall be permitted.
[2] 
No injection wells shall be permitted.
[3] 
No drilling shall be allowed in the floodway or floodplain designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.
[4] 
No impoundment shall be used for impaired water.
[5] 
No on-site worker housing shall be permitted.
[6] 
No on-site disposal of wastes of any kind shall be permitted.
(k) 
Insurance.
[1] 
Prior to any oil and gas development, natural gas processing plants or natural gas compressor stations, operations or related site work, the operator shall furnish to the Township a certificate of liability insurance naming the Township as an additional insured with respect to its operations conducted within the Township, showing proof of liability insurance covering commercial, automobile, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The operator shall fully defend, protect, indemnify, and hold harmless the Township, its departments, agents, consultants, officers, employees, insurers or volunteers from and against claim, damages (including attorneys' fees) for personal injury and/or property damage arising from or related to the well owner/well operator's activities. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.
(l) 
Surface and groundwater:
[1] 
If surface water from any access road is anticipated to be redirected off the property onto adjoining property, the well owner/well operator shall submit to the Township, prior to the approval of any conditional use application, a deed of easement, release and right of entry agreement or similar document or agreement, signed by the adjoining property owner(s) and well owner/well operator, in a recordable form, evidencing such property owner's permission to discharge surface water onto their property. Such surface drainage shall be consistent with rule and regulations adopted and/or enforced by the DEP.
[2] 
Upon receipt of a written complaint from any property owner that the quantity or quality of the water supply for the property has been affected by the drilling operations thereupon, the Township shall report the same to the well owner/well operator. Within 10 days of receipt of such written notice, the well owner/well operator shall perform a well recovery rate (flow) test for affected water wells or developed springs on the property and shall submit the results of same to the Township and property owner. The Township shall immediately forward a copy of the original flow test results submitted as part of the conditional use application, together with the post-complaint flow test results to the DEP for disposition pursuant to the Oil and Gas Act, and any regulations associated with same.
[3] 
In the event the DEP takes, or requires the well owner/well operator to take, remedial action to correct deficiencies in the water quality or quantity on the property, or if private remedial measures to correct deficiencies in the water quality or quantity on the property have occurred, the Township may declare the drilling operations on the property to be a "public nuisance" pursuant to the Oil and Gas Act, and thereafter revoke or suspend any conditional use approval hereunder and pursue its right under law to restrain such conditions pursuant to the oil and gas Act.
[4] 
Nothing in this section shall be deemed or construed to limit the ability or any affected property owner from making a complaint directly to the DEP or pursuing any other private action or claims, at law or in equity, in any court of competent jurisdiction regarding any water supply deficiencies caused, or alleged to be caused, by any well owner/well operator.
[5] 
Well operator, at well operator's sole cost and expense, shall test the effluent of all water wells and water sources used by any residence or business within 1,000 feet of any deep well site. The water test shall, at a minimum, establish the base chemical composition of such well and surface water supplies prior to the commencement of any oil and gas development. All test results shall be provided, by certified mail, to the Township and to each owner of the surface rights to the real property upon which such water well or water source is located.
(19) 
Home-based business, other.
(a) 
There shall be no exterior evidence of the use other than any wall sign authorized by the Township.
(b) 
No persons other than residents of the dwelling shall be employed on premise. For the purposes of this section, "employed" shall be defined as one who receives compensation for any kind of services performed in association with the home occupation. This compensation can be in the form of monetary compensation, rent or other compensatory consideration.
(c) 
No more than 25% of the gross floor area of the dwelling shall be devoted to the conduct of a home occupation.
(d) 
The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.
(e) 
The use shall not cause an increase in the use of public safety or any other municipal services beyond that which is normal for an average residence in the neighborhood.
(f) 
The use shall not require internal or external alterations or construction features which change the fire rating of the structure.
(g) 
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.
(h) 
There shall be no storage of materials or equipment outside an enclosed building.
(i) 
The conduct of any home-based business, including but not limited to the storage of goods or equipment, shall not reduce or render unusable areas required for parking for the dwelling unit.
(j) 
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
(k) 
All needs for parking generated by the conduct of a home occupation shall be provided for on the lot.
(l) 
The home occupation shall not involve the use of vehicles in excess of one ton capacity or 9,000 pounds gross vehicle weight for delivery of materials or merchandise to or from the premises, and such vehicles shall not be parked in the lot's side or rear yards.
(m) 
There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.
(n) 
A home-based business shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.
(o) 
The following nonexhaustive list of uses shall not be considered to be home-based businesses and shall be limited to the districts in which they are specifically authorized as principal or conditional uses:
[1] 
Animal hospitals.
[2] 
Automobile sales, rental, service and repair shops.
[3] 
Beauty shops and barbershops containing more than one chair.
[4] 
Clinics, hospitals, nursing homes, group care facilities.
[5] 
Kennels.
[6] 
Funeral homes.
[7] 
Private clubs.
[8] 
Private instruction to more than three students at a time (excluding home schooling for students that live in residence).
[9] 
Restaurants.
[10] 
Keeping of horses.
(p) 
Day-care homes, as defined in this chapter, shall be considered a home-based business, provided that:
[1] 
All of the foregoing standards for a home occupation are met.
[2] 
Evidence of licensing by the Commonwealth of Pennsylvania shall be presented at the time of application and the licenses shall be maintained throughout operation of the day-care home.
[3] 
An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.
[4] 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
(q) 
Any approved home-based business which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry and any other regulating authority.
(r) 
All Uniform Construction Code (UCC) requirements shall be followed including but not limited to accessibility.
(20) 
Hospital.
(a) 
A hospital shall not be located within the flight path of a runway facility of an airport.
(b) 
A hospital shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to the airports or other United States Federal Aviation Administration (FAA) guidelines or standards.
(c) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(d) 
All parking areas adjacent to a flight path or runway approach of an airport shall provide a minimum of one landscaped island for every seven parking spaces. All landscaped islands shall contain one tree a minimum of 2 1/2 inches.
(21) 
Kennel, animal.
(a) 
Such uses shall be located at least 100 feet from any property line adjoining an existing residential lot and at least 50 feet from any other property line or public right-of-way as defined by this chapter.
(b) 
The minimum lot area shall be two acres.
(c) 
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.
(d) 
If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.
(e) 
The kennel shall be licensed by the Commonwealth of Pennsylvania, and shall comply with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department.
(f) 
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
(g) 
Approval as a conditional use shall be subject to periodic inspections to insure compliance with the conditions of approval.
(h) 
Noise shall not exceed the levels deemed acceptable by the performance standards of this chapter or the Township's noise regulations.
(22) 
Medical clinic.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
All paved areas shall be held to a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.
(c) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-162A.
(23) 
Medical marijuana dispensary.
(a) 
See § 210-131, Medical marijuana facilities.
(24) 
Medical marijuana grow center.
(a) 
See § 210-131, Medical marijuana facilities.
(25) 
Medical marijuana transport vehicle offices.
(a) 
See § 210-131, Medical marijuana facilities.
(26) 
Military related facilities.
(a) 
The minimum lot area of a military related facility shall be 20 acres.
(b) 
Such uses shall be located at least 200 feet from any property line adjoining a residential use and at least 100 feet from any other property line or public right-of-way as defined by this chapter.
(c) 
Side and rear buffer yards shall be a minimum of 25 feet in width and shall be planted with a combination of deciduous and evergreen trees and shrubs, ornamental grasses and groundcovers.
(d) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(e) 
A traffic impact study shall be required to be submitted where the proposed development, which according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes.
(f) 
The owner(s) and operator(s) of a military facility shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
(g) 
The hours of operation for material pickup, delivery, outdoor processing and manufacturing shall be limited to between 7:00 a.m. and 9:00 p.m.
(h) 
The storage of combustible materials shall be limited to 30 feet in height.
(i) 
All outdoor storage areas and loading areas shall be screened from an adjoining residential lot. Screens shall be a minimum of eight feet in height and shall be constructed as earth berms, landscaped buffer yards with a minimum width of 15 feet, fences or walls with a minimum opacity of 80%.
(27) 
Mobile home park.
(a) 
Gross site area shall be a minimum of five acres.
(b) 
The minimum yard, area and bulk requirements per mobile home lot, shall be:
[1] 
Front yard: 25 feet.
[2] 
Side yard: 12 feet.
[3] 
Street side on corner lot: 25 feet.
[4] 
Rear yard: 25 feet.
[5] 
Accessory use: three feet.
[6] 
Maximum height: 16 feet.
(c) 
Proposed mobile home parks shall comply with all applicable provisions of state laws regulating mobile home parks and all applicable standards and regulations set forth in this chapter.
(d) 
Guest parking shall be provided in a common off-street parking area at the ratio of one parking space for every three mobile home lots.
(e) 
All lots shall be serviced by public sewer and water.
(f) 
Minimum lot width shall be 40 feet for single unit mobile home and 65 feet for double mobile home units.
(g) 
All dumpster areas shall be screened from all lots and public rights-of-way. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
(h) 
All mobile home parks shall provide sidewalks on both sides of a street (both public and private rights-of-way).
(i) 
The ground surface in all parts of each mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner. Exposed ground surfaces in all parts of each mobile home park shall be treated in a manner which will effectively prevent soil erosion and prevent the emanation of dust during dry weather.
(j) 
Mobile home park lot requirements.
[1] 
The maximum number of mobile home lots within each mobile home park shall be not more than seven lots per acre of the total area of the mobile home park.
[2] 
The minimum mobile home lot size shall be not less than 6,000 square feet of area.
[3] 
All mobile home lots shall abut on a street of the mobile home park internal street system.
(k) 
A minimum of 10% of the gross area of the mobile home park shall be provided for recreational space. This recreational space shall be suitable for varied outdoor recreational uses. The applicant will present assurances related to the responsibilities for land ownership, the construction and/or purchase of facilities or other features, and the perpetual maintenance of the above.
(l) 
Every mobile home park shall provide a planting screen as per the requirements of § 210-153A.
(m) 
The street system within a mobile home park shall be designed and constructed according to required standards the West Deer Township Zoning Ordinance and the West Deer Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 185.
(n) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(o) 
Mobile home lot improvements.
[1] 
Each mobile home lot shall be provided with a permanent frost-free foundation and each lot shall have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site.
[2] 
Water supply and sewage disposal system connections shall be provided to each mobile home lot within a mobile home park.
(p) 
No mobile home subdivision or land development shall be approved until it has satisfied all applicable ordinances or regulations as identified by West Deer Township.
(q) 
The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
(28) 
Municipal administration facility.
(a) 
Buffer yards between a municipal administration facility and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.
(b) 
Screening between a municipal administration facility and adjacent residential lots or a designated residential zoning district shall be required as per § 210-153A. All utilities which service the structure(s) shall be placed underground.
(c) 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero foot-candle.
(d) 
Maximum height of outdoor lighting for both parking areas and roadways shall be 25 feet.
(e) 
The proposed use shall be in keeping with the character of the neighborhood and shall not create an undue hardship on surrounding properties.
(f) 
The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
(29) 
Nursing/convalescent care facility.
(a) 
The minimum site area required for nursing/convalescent care shall be one acre.
(b) 
The site shall be served by public water and public sewers.
(c) 
All nursing/convalescent care shall be licensed by the Commonwealth of Pennsylvania.
(d) 
Water pressure and volume shall be adequate for fire protection and shall be referred to the local fire company for review and comment.
(e) 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire companies for comments regarding traffic safety and emergency access.
(f) 
Nursing/convalescent care facilities shall have a bed capacity of at least 20 beds but no more than 200 beds.
(g) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A.
(30) 
Office, business, >5,000 square feet and <40,000 square feet.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
Where feasible, no parking shall occur in the front yard.
(c) 
Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).
(d) 
All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.
(e) 
Screening between an office or business and adjacent residential lots or a designated residential zoning district shall be required as per § 210-162A.
(f) 
All paved areas shall be a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.
(31) 
Office, business, >40,000 square feet.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
Buffer yards between an office or business greater than 40,000 square feet and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.
(c) 
Screening between an office or business and adjacent residential lots or a designated residential zoning district shall be required as per § 210-153A.
(d) 
No parking shall occur in the front yard.
(e) 
Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).
(f) 
All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.
(g) 
All paved areas shall be a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.
(32) 
Office, medical.
(a) 
Where feasible, no parking shall occur in the front yard.
(b) 
Parking spaces shall be required to meet the cumulative requirements of the number of offices provided; no less than one space per 350 feet of gross floor area (GFA).
(c) 
All portions of the property not occupied by structures or pavement shall be landscaped and well maintained.
(d) 
All paved areas shall be a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.
(e) 
Screening between a medical office and adjacent residential lots or a designated residential zoning district shall be required as § 210-153A. The Township may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
(33) 
Parking areas.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
All paved areas shall be a minimum of 15 feet from all property lines and shall be screened from adjacent residential properties or uses.
(c) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A.
(34) 
Personal services.
(a) 
Parking spaces shall be required to meet the cumulative requirements of the service provided as set forth in § 210-120.
(b) 
All paved areas shall be screened from adjacent residential properties or uses.
(35) 
Place of assembly.
(a) 
The minimum lot area shall be one acre.
(b) 
A place of assembly's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(c) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(d) 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
(e) 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(f) 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(g) 
No place of assembly shall be located within the flight path of a runway facility of an airport.
(h) 
A place of assembly shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to airport's and United States Federal Aviation Administration (FAA) guidelines or standards.
(i) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A.
(j) 
Adequate bathroom facilities shall be provided based off expected occupancy and use. The use shall determine if bathrooms are required to be permanent facilities or portable facilities. All state, county or local requirements for bathroom facilities shall be followed. The most restrictive shall govern.
(36) 
Place of worship.
(a) 
The minimum lot area shall be one acre.
(b) 
A place of worship's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(c) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(d) 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Township Engineer to ensure employee and visitor safety.
(e) 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(f) 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(g) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-162A.
(h) 
No place of worship shall be located within the flight path of a runway facility of an airport.
(i) 
A place of worship shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance with an airport's and United States Federal Aviation Administration (FAA) guidelines or standards.
(37) 
Planned Residential Development (PRD).
(a) 
See §§ 210-101 through 210-110.
(38) 
Private club.
(a) 
A private club serving alcohol shall not be established or operated within 500 feet of an existing school, public playground, public park, residence, child care facility, place of worship or place of assembly.
(b) 
A private club shall not be established or operated within 300 feet of an existing bar, nightclub or liquor store.
(c) 
Swimming pools, outdoor gathering areas, or court game areas, if part of the operation, shall not occupy more than 15% of the lot, including accessory structures and areas thereto, shall not be closer than 100 feet from the nearest lot line, shall meet all current State Health Department requirements, shall be surrounded by a permanent fence at least six feet in height with secured access, and shall have all flood-lighting shielded from adjacent residential properties or streets.
(d) 
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
(e) 
Parking for all meeting attendees shall be located on the subject lot where the land use occurs.
(f) 
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
(g) 
All buildings on the lot shall be set back at least 30 feet from side yard lines and shall be no higher than 45 feet.
(39) 
Public/private works facility.
(a) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A and provide a landscape buffer yard of a minimum of 15 feet in width.
(b) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(40) 
Quadplex.
(a) 
Buffer yards between a quadplex development and adjacent residential lots or a designated residential zoning district shall be increased by 10 feet in width.
(b) 
Screening between a quadplex development and adjacent residential lots or a designated residential zoning district shall be required as per § 210-153A. Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
(c) 
The primary vehicular entrance to the quadplex development shall, at a minimum, have direct access to a collector road.
(d) 
Maximum height of outdoor lighting for both parking areas and roadways shall be 20 feet.
(e) 
As a part of land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero foot-candle.
(41) 
Research and development.
(a) 
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
(b) 
A research, testing and development facility shall have a minimum of one point of ingress and egress to an arterial road.
(c) 
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(d) 
All interior driveways and parking areas shall be paved with a material to reduce dust.
(e) 
A research testing and development facility shall not be located within the flight path of a runway facility of an airport.
(f) 
A research, testing and development facility shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance with Federal Aviation Administration (FAA) guidelines and standards.
(42) 
Restaurant: with drive-thru.
(a) 
The restaurant with drive-thru shall have direct ingress/egress to an arterial road or main highway as identified by the Township.
(b) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(c) 
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(43) 
Retail/business store, >10,000 square feet and <40,000 square feet.
(a) 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(b) 
Building setbacks shall be consistent with the current zoning district or § 210-111 for developments adjoining lots with existing buildings.
(c) 
Setback, screening and buffering of parking and loading areas as well as outdoor common open space shall be provided in accordance with this chapter.
(d) 
Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to a maximum of zero foot candle when measured from an adjacent property line.
(e) 
All interior driveways and parking areas shall be paved within a material that reduces dust.
(f) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(g) 
One landscaped island for every seven parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height (dbh).
(44) 
Retail/business store, >40,000 square feet.
(a) 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(b) 
Building setbacks shall be consistent with the current zoning district or § 210-111 for developments adjoining lots with the existing buildings.
(c) 
Setback, screening and buffering of parking and loading areas as well as outdoor common open space shall be provided in accordance with this chapter.
(d) 
Light fixtures for the illumination of parking and service areas shall be designed to minimize illumination levels to a maximum of zero foot-candle when measured from an adjacent property line.
(e) 
All interior driveways and parking areas shall be paved within a material that reduces dust.
(f) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(g) 
One landscaped island for every seven parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height (dbh).
(45) 
Roadside stand.
(a) 
A roadside stand shall comply with all applicable licensing requirements and regulations.
(b) 
Parking areas for customers shall be provided such that no parked vehicle is located within the public right-of-way.
(c) 
A roadside stand shall only operate during daylight hours; therefore, no exterior illumination shall be permitted.
(46) 
School, academic.
(a) 
A public or private school shall not be located within the flight path of a runway facility of an airport.
(b) 
A public or private school shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to an airport's and United States Federal Aviation Administration (FAA) guidelines or standards.
(c) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A.
(47) 
Self-service storage facility (mini-warehouse).
(a) 
The minimum lot area required shall be five acres.
(b) 
The lot shall have direct ingress/egress to a public collector or arterial road, and points of ingress/egress shall not be through a road on which the current use of the majority of lots fronting on the road is single-family dwellings.
(c) 
Vehicular access to the lot shall be limited to one two-way or two one-way driveways from each arterial or collector road on which the lot has frontage and which meets the requirements above.
(d) 
All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.
(e) 
All two-way driveways shall provide a minimum of one ten-foot parking lane, plus two twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.
(f) 
All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.
(g) 
Parking shall be provided in accordance with the following requirements:
[1] 
Two spaces for manager's office;
[2] 
One space for each 10 storage units equally distributed throughout the storage area; and
[3] 
One space for each 25 storage units, which spaces shall be located near the manager's office to be used by prospective clients.
(h) 
A minimum eight-foot fence with a self-latching gate shall be placed on the interior side of each buffer yard.
(i) 
The maximum building height shall be 20 feet.
(j) 
The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth. The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.
(k) 
The maximum length of any storage building shall be 200 feet.
(l) 
The maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 20 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.
(m) 
Maximum lot coverage by all buildings shall be 40%.
(n) 
Individual storage units shall not be equipped with water or sanitary sewer service.
(o) 
No business activity other than rental of storage units shall be conducted on the premises.
(p) 
Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.
(q) 
Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.
(r) 
The design of a self-service storage building shall be sealed by an architect or engineer.
(s) 
No signs shall be placed on the buildings or on their rooftops.
(t) 
One free-standing business identification sign shall be permitted which complies with the requirements of this chapter for the zoning district in which the use is located.
(u) 
No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the local fire department. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the self-service storage of hazardous materials or substances in the storage buildings that does not comply with the applicable fire codes.
(v) 
A minimum of one fire hydrant shall be provided on the lot subject to the approval of the number and location of hydrants by thelocal fire department, and the facility shall comply with all applicable fire codes.
(w) 
The owner(s) and operator(s) of a self-service storage facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual (March 2012, as amended) to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
(48) 
Social clubs.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
A social club shall not be established or operated within 500 feet of an existing school, public playground, public park, residence, day care facility, place of worship or place of assembly.
(c) 
All structures, including accessory, shall be no closer than 50 feet from any property line.
(d) 
A social club shall not be established or operated within 300 feet of an existing bar, nightclub or liquor store.
(e) 
A social club's hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.
(f) 
Outdoor sound systems shall not be permitted.
(g) 
All parking and service areas shall be located to the rear of the lot and properly screened as per § 210-153A.
(49) 
Social services agency.
(a) 
A social service agency shall not be located within the flight path of a runway facility of an airport.
(b) 
A social service agency shall utilize exterior lighting that does not pose a navigation hazard to an airport. All exterior lighting shall be in conformance to an airport or other United States Federal Aviation Administration (FAA) guidelines or standards.
(50) 
Tavern/bar.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
A tavern/bar shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
(c) 
Tavern/bar hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption. Noise may also be regulated by other Township or Liquor Control Board regulations, the most restrictive shall govern.
(d) 
The owner(s) and operator(s) of a tavern/bar shall be responsible for the conduct and safety of the patrons.
(e) 
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
(51) 
Townhome.
(a) 
Buffer yards between a townhome development and adjacent residential lots shall be increased by 10 feet in width.
(b) 
Screening between a townhome development and adjacent residential lots or a designated residential zoning district shall be required as per § 210-153A.
(c) 
The primary vehicular entrance to the townhome development shall, at a minimum, have direct access to a collector road.
(d) 
Maximum height of outdoor lighting for both parking areas and roadways shall be 20 feet in residential districts and 25 feet in nonresidential districts.
(e) 
The landowner and/or developer shall provide a plan for photometrics of the lot.
(f) 
Illumination, when measured at a lot line, shall be a maximum of zero foot-candle.
(52) 
Veterinary services.
(a) 
No outdoor pens, kennels or runs shall be constructed or provided.
(b) 
Noise shall not exceed the levels deemed acceptable by the performance standards of this chapter or the Township's noise regulations.
(c) 
Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m.
(d) 
Parking areas for veterinary services located within a Village District Overlay and not adjacent to an arterial road shall be limited to a maximum of 10 parking spaces.
(53) 
Warehouse/distribution center.
(a) 
A traffic impact study shall be prepared by a Transportation Engineer and based on the Institute of Transportation Engineers' (ITE) standards and the requirements defined by the Township's Transportation Engineer. Such a study shall, at a minimum, identify the following: potential peak hour traffic volumes, average daily traffic volumes, existing level of service (LOS) and proposed level of service of proposed development on the Township's roadway network. Upon assessment of the study's findings, the Township shall determine needed on-site and/or adjacent traffic improvements to accommodate projected volumes and/or level of service impacts.
(b) 
Warehouses should be located adjacent to an arterial road or main highway as identified by the Township.
(c) 
No idling of motors or engines shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(d) 
All structures shall be separated by at least 50 feet.
(e) 
All operations shall be entirely within an enclosed structure.
(f) 
Outdoor storage of foods shall not be permitted.
(g) 
Loading and/or outdoor storage areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped buffer yard with a minimum of 25 feet in width shall be provided adjacent to all existing residences. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
(h) 
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
(i) 
The ground surface of off-street parking and loading spaces shall be paved with bituminous paving, brick, concrete or store block paving material to protect the surrounding neighborhood from dust and other disturbances.
(j) 
The landowner and/or developer shall provide a plan for photometrics of the lot.
(k) 
Illumination, when measured at a lot line, shall be a maximum of zero foot-candle.
(54) 
Concentrated animal operation. Unless otherwise regulated by provisions of the Pennsylvania Right to Farm Act and/or other applicable Commonwealth of Pennsylvania laws, as amended, commercial livestock operations are subject to the following provisions:
(a) 
All buildings used for the housing of livestock shall consist of a solid concrete slab or slotted floor.
(b) 
Minimum lot area: 15 acres.
(c) 
Any structure used for the housing, feeding and watering of livestock shall be set back 500 feet from any residential zone.
(d) 
The outdoor running of livestock shall be set back 25 feet from any property line or right-of-way line.
(e) 
The applicant shall furnish qualified evidence that the proposed use has an approved manure management plan that complies with the applicable PADEP guidelines. All subsequent operations on the site shall be required to strictly adhere to this approved manure management plan.
(55) 
Concentrated animal feeding operations (CAFO). Unless otherwise regulated by provisions of the Pennsylvania Right to Farm Act and/or other applicable Commonwealth of Pennsylvania laws, as amended, commercial stockyards or feedlots are permitted by conditional use, subject to the following:
(a) 
Minimum lot area: 10 acres;
(b) 
All areas for the storage, feeding or keeping of animals shall be completely enclosed by a fence of sufficient strength and size to prevent the escape of animals. Furthermore, all such areas shall be set back at least 200 feet from any adjoining property, except that such areas shall be set back at least 500 feet from any land within any residential zone;
(c) 
All uses shall have sufficient off-street loading (or stacking) space so as to prevent the back-up of vehicles on adjoining roads;
(d) 
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;
(e) 
Traffic impact. The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with the Subdivision and Land Development Ordinance[2];
[2]
Editor's Note: See Ch. 185.
(f) 
All animal wastes and/or deceased animals shall be properly stored and disposed of, so as not to be objectionable at the site's property line and so as not to become a nuisance to adjoining properties.
(56) 
Halfway house.
(a) 
The site shall be served by public water and public sewers.
(b) 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire departments for comments regarding traffic safety and emergency access.
(c) 
A halfway house shall have a bed capacity of at least five beds but no more than 20 beds.
(d) 
The design and size of the residential use's living quarter shall conform to all applicable state and standards/codes.
(e) 
Parking shall be provided on the same lot upon which the halfway house is located and be no more than 300 feet from any one bedroom.
(f) 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
(g) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-153A.
(57) 
All other residential uses.
(a) 
The site shall be served by public water and public sewers.
(b) 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire departments for comments regarding traffic safety and emergency access.
(c) 
The design and size of the residential use's living quarter shall conform to all applicable state, standards/codes and § 210-135.
(d) 
Parking shall be provided on the same lot upon which the use is located and be no more than 300 feet from any one bedroom.
(e) 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
(f) 
All property lines adjoining an existing residential use or residential district zoning classification shall be screened as per the requirements defined in § 210-110A.
(58) 
Mixed-use apartment building.
(a) 
The site shall be served by public water and public sewers.
(b) 
Residential units shall account for greater than 50% of the total floor area of a mixed-use building but shall not exceed 85% of the building's total floor area.
(c) 
Only the following nonresidential uses shall be permissible as incorporated within a mixed-use apartment building:
[1] 
Office, business less than 5,000 square feet.
[2] 
Retail/business store less than 5,000 square feet.
[3] 
Restaurant, no drive through less than 5,000 square feet.
[4] 
Personal services less than 5,000 square feet.
(d) 
Off-street parking requirements as defined by this chapter for all uses within the lot may be reduced by 25%.
(e) 
Parking spaces shall be located no more than 300 feet from the building's primary entrance.
(f) 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone paving material to minimize dust.
(g) 
If the parking area for an apartment development is adjacent to an existing residential lot, any parking areas that demand greater than 30 automobiles, the following shall apply:
[1] 
An additional ten-foot setback shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential development.
[2] 
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped with plants that provide four seasons of buffer not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties.
(h) 
All dumpsters and/or waste collection areas shall be located a maximum of 200 feet from the further most residential unit and shall be screened. Screening shall be a minimum of eight feet in height with a minimum opacity of 80%.
(i) 
The primary vehicular entrance to the apartments shall face the public right-of-way.
(j) 
No apartment building shall be located within the flight path of a runway facility of an airport.
(59) 
Group care home or personal care home.
(a) 
Adequate provisions shall be made for access for emergency medical and fire-fighting vehicles. Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(b) 
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.
(c) 
No group care home or personal care home shall be located within 500 feet of another existing or proposed group care home or personal care home.
(60) 
Convenience store, neighborhood.
(a) 
Gross floor area shall be no greater than 3,000 square feet.
(b) 
Screening between the lot and adjacent residential lots shall be required as per § 210-153A.
(c) 
The minimum front yard setback requirements shall be 25 feet or may be reduced to align with the building line of an existing building located within 150 feet of the proposed building. In no case shall the front yard setback be less than 10 feet.
(61) 
Day-care center.
(a) 
Evidence of licensing by the Commonwealth of Pennsylvania shall be presented at the time of application and the licenses shall be maintained throughout operation of the day-care home.
(b) 
An outdoor play area shall be provided, at a rate of 50 square feet per individual enrolled, on a flat and useable portion of land. Off-street parking area shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard.
(c) 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street. The drop-off area shall have direct access to the front door and shall be arranged so that the passengers do not have to cross traffic lanes.
(62) 
Recreation facility, profit/nonprofit.
(a) 
Those uses involving a majority of their activities being outdoors shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
(b) 
The applicant shall provide expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
(c) 
Off-street parking shall be provided within the same lot with a number of spaces sufficient to accommodate the proposed use, as determined by an expert parking analysis.
(d) 
Parking areas and vehicular access drives shall be arranged as to not obstruct the free flow of traffic on any public street.
(e) 
Screening between the lot and adjacent residential lots or a designated residential Zoning district shall be required as per § 210-153A.