West Hanover Township
City Zoning Code
City Zoning Code
ARTICLE 3
Zoning Uses
§ 195-301 General provisions.
The following general provisions apply to the uses outlined in this article.
A.
Unless otherwise prohibited by this chapter, more than one principal use may be erected on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
§ 195-302 Applicability.
A.
Table 3.01, Permissible Uses, identifies the principal, accessory, and temporary uses allowed in each zoning district and that are defined in this chapter.
B.
Principal, accessory, and temporary uses are given one of the following designations specified in Table 3.01.
(1)
Permitted by right (R). These uses are permitted automatically by right in the zoning districts in which they are listed and are subject to the general regulations under this chapter.
(2)
Permitted by special exception (SE). These uses are not permitted by right but are subject to the special exception standards and criteria specified in § 195-114H(2), of this chapter.
(3)
Permitted by conditional use (C). These uses are permitted subject to specific standards and more detailed and formal review procedures as specified under § 195-115 of this chapter.
(4)
Nonpermitted uses. Uses not permitted (whether expressly permitted or permitted upon interpretation and classification by the Zoning Officer) within a zoning district shall be deemed excluded. The Zoning Officer shall make a determination of the classification of all land uses within the context and intent of this chapter and may issue a decision regarding whether a particular use is permitted or excluded in a zoning district, all in accordance with this chapter.
C.
Permissible uses are grouped into general categories, which are further broken into subcategories and specific use types that are specifically defined in this chapter.
Table 3.01 District Use Table Permissible Uses | ||||||||||||
Key: | ||||||||||||
R = Permitted by right | ||||||||||||
SE = Permitted by special exception | ||||||||||||
C = Permitted by conditional use | ||||||||||||
Blank cell = Nonpermitted use |
Mapped Zoning Districts | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Uses | Conservation (C) | Rural Agriculture (RA) | Rural Residential (RR) | Low-Density Residential (R-1) | Medium-Density Residential (R-2) | Suburban Residential (R-3) | Neighbor-hood Mixed-Use (NMU) | Commercial Mixed-Use (CMU) | Commercial Highway (CH) | Interchange (I) | Light Industrial- Commercial (LIC) | Industrial Enterprise (IE) |
Principal Uses (§ 195-305) | ||||||||||||
Residential and Lodging Uses (§ 195-305A) | ||||||||||||
Bed-and-breakfast | R | R | R | R | R | |||||||
Community residence, group home | R | R | R | R | R | R | R | R | R | R | R | R |
Community residence, halfway house/recovery community | R | |||||||||||
Dwelling, multifamily | R | R | R | |||||||||
Dwelling, multifamily conversion | R | R | ||||||||||
Dwelling, single-family detached | R | R | R | R | R | R | R | |||||
Dwelling, single-family semiattached | SE | R | R | R | ||||||||
Dwelling, townhouse | R | R | R | |||||||||
Dwelling, tiny home | R | R | R | R | R | R | R | R | ||||
Hotel/apartment hotel | R | R | ||||||||||
Manufactured home | R | R | R | R | R | R | R | R | ||||
Manufactured home parks | R | |||||||||||
Mixed-use building | R | R | R | |||||||||
Motel | R | R | SE | |||||||||
Rooming house and boardinghouse | SE | SE | SE | SE | SE | R | SE | SE | SE | |||
Short-term rental | SE | R | R | |||||||||
Temporary shelter facility | SE | SE | SE | |||||||||
Civic and Institutional Uses (§ 195-305B) | ||||||||||||
Assembly, general | R | R | R | SE | ||||||||
Assembly, neighborhood | R | R | ||||||||||
Cemetery | R | R | R | R | ||||||||
Government facility | R | R | R | R | R | R | R | R | R | R | R | R |
School, higher education | C | C | SE | |||||||||
Hospital | C | C | SE | |||||||||
Houses of worship | R | R | R | R | R | R | ||||||
Library/museum | C | C | R | R | R | |||||||
Long-term care facility | C | C | C | C | ||||||||
Police/fire/EMS | R | R | R | R | R | R | R | R | R | R | ||
School, high school, vocational | SE | SE | SE | SE | ||||||||
School, pre-K, elementary, intermediate | SE | SE | SE | SE | SE | SE | ||||||
Stadium/arena | C | C | C | C | C | |||||||
Agriculture, Forestry, and Open Space Uses (§ 195-305C) | ||||||||||||
Agricultural operation | R | R | R | |||||||||
Commercial recreation | C | C | R | R | ||||||||
Commercial stockyards and/or feedlots | C | C | ||||||||||
Community garden | R | R | R | R | R | R | R | |||||
Equine activities | R | R | R | |||||||||
Forestry operation | R | R | R | R | R | R | R | R | R | R | R | R |
Nature preserve | R | R | ||||||||||
Shooting range | R | |||||||||||
Park | R | R | ||||||||||
Retail Uses (§ 195-305D) | ||||||||||||
Commercial equipment and supply | R | R | R | R | ||||||||
Convenience store | R | R | R | R | R | |||||||
General retail | R | R | R | R | R | |||||||
Grocery store | R | R | R | R | R | |||||||
Medical marijuana dispensary | SE | SE | R | |||||||||
Neighborhood retail | R | R | ||||||||||
Outdoor sales lot | R | R | R | |||||||||
Public market | R | R | ||||||||||
Service Uses (§ 195-305E) | ||||||||||||
Adult day-care center | R | R | R | |||||||||
Assisted living facility | R | R | R | |||||||||
Automobile fueling and limited repair service | R | R | R | R | ||||||||
Automobile service/car wash | R | R | R | R | ||||||||
Automobile, truck, limousine sales and rental service | R | R | R | R | ||||||||
Bail bonds agency | R | R | R | |||||||||
Brew pub | R | R | R | R | R | |||||||
Child-care center | R | R | ||||||||||
Community service | R | R | ||||||||||
Drinking places | R | R | R | R | R | |||||||
Eating places | R | R | R | R | R | R | ||||||
Electronic cigarette/vaporizer store | R | R | R | R | ||||||||
Entertainment assembly | SE | SE | SE | SE | SE | SE | R | |||||
Family child-care home | SE | SE | SE | SE | SE | SE | ||||||
Funeral home/mortuary with crematorium | SE | |||||||||||
Funeral home/mortuary without crematorium | SE | SE | ||||||||||
General service | R | R | R | SE | ||||||||
Group child-care home | SE | SE | SE | SE | SE | SE | ||||||
Kennel | R | |||||||||||
Medical clinic | R | R | ||||||||||
Microbrewery, microdistillery, microwinery | SE | SE | R | R | R | |||||||
Methadone treatment facility | C | |||||||||||
Neighborhood service | R | R | R | |||||||||
Pawn shop/check cashing establishment | R | R | R | |||||||||
Private club | SE | SE | SE | R | R | R | ||||||
Recreational campground | SE | SE | ||||||||||
Self-storage facility | R | R | R | |||||||||
Smoking places | R | R | R | |||||||||
Tattoo/piercing parlor | R | R | R | |||||||||
Adult Uses (§ 195-305F) | ||||||||||||
Adult establishments | C | |||||||||||
Employment Uses (§ 195-305G) | ||||||||||||
Office uses | R | R | R | R | SE | R | ||||||
Craftsman industrial | R | R | R | |||||||||
Infrastructure Uses (§ 195-305H) | ||||||||||||
Parking as a principal use | R | R | R | |||||||||
Principal solar energy systems | C | C | C | |||||||||
Principal wind energy systems (PWES) | C | |||||||||||
Public utilities | R | R | R | R | R | R | R | R | R | R | R | R |
Transit bus stops | R | R | R | R | R | R | ||||||
Transit facilities | R | R | R | R | ||||||||
Transportation and utilities | R | R | R | R | ||||||||
Wireless communications facilities, small wireless communications inside the public rights-of-way | R | R | R | R | R | R | R | R | R | R | R | R |
Wireless communications facilities, small wireless communications outside the public rights-of-way | R | R | R | R | R | R | ||||||
Wireless communications facilities, tower-based | R | R | R | R | R | R | ||||||
Industrial Uses (§ 195-305I) | ||||||||||||
Light industry | R | R | ||||||||||
Airport | C | C | ||||||||||
Brewery, distillery, winery | SE | R | ||||||||||
Heliport | C | C | ||||||||||
Helistop | C | C | ||||||||||
Medical marijuana grower/processor facility | R | SE | R | R | ||||||||
Outdoor storage yard | R | R | R | R | ||||||||
Yard waste composting facility | R | |||||||||||
Heavy industry | C | |||||||||||
Automotive dismantler and recycler | C | |||||||||||
Junkyards | C | |||||||||||
Meat processing establishment | R | |||||||||||
Mining and mineral extraction | C | C | ||||||||||
Solid waste disposal facility | C | |||||||||||
Warehouse/distribution | C | |||||||||||
Accessory Uses (§ 195-306) | ||||||||||||
Accessory dwelling unit | R | R | R | SE | SE | R | R | |||||
Accessory solar energy systems | R | R | R | R | R | R | R | R | R | R | R | R |
Accessory wind energy systems | R | R | R | R | R | R | R | R | R | R | R | R |
Agricultural commercial enterprise | R | R | R | |||||||||
Agritourism marketing enterprise | R | R | R | |||||||||
Airstrip, heliport/helistop | R | R | R | |||||||||
Carport, portable or temporary | R | R | R | R | R | R | ||||||
Drive-through facility | R | R | R | R | ||||||||
Electric vehicle charging station, Levels 1 and 2 | R | R | R | R | R | R | R | R | ||||
Electric vehicle charging station, Level 3 | R | R | R | R | R | R | ||||||
Home occupation | R | R | R | R | R | R | R | R | ||||
Farm occupation | R | R | R | |||||||||
Keeping of chickens or honeybees | R | R | R | R | R | |||||||
Keeping of exotic wildlife | C | C | ||||||||||
Keeping of livestock | R | R | R | C | ||||||||
Manure storage facility | R | R | ||||||||||
No-impact home-based business | R | R | R | R | R | R | R | |||||
Outdoor cafe | R | R | R | R | R | R | ||||||
Outdoor display and sales | R | R | R | R | R | R | ||||||
Parking | R | R | R | R | R | R | R | R | R | R | R | R |
Signs | See Article 5. | |||||||||||
Temporary Uses (§ 195-307) | ||||||||||||
Farmers' market | R | R | R | R | R | |||||||
Model home and/or subdivision sales office | R | R | R | R | R | |||||||
Open air market | R | R | R | R | ||||||||
Temporary construction site trailer | R | R | R | R | R | R | R | R | R | R | ||
§ 195-303 Unlisted uses.
A.
If a use is clearly not provided for in this chapter, whether as permitted by right, permitted by special exception, or permitted by conditional use, within any zoning district within the Township, then the proposed use shall be considered a conditional use and shall be approved pursuant to the requirements specified under § 195-115, Conditional use procedures, of this chapter. In addition to such requirements, the proposed use shall also be approved based on the following use character eligibility standards:
(1)
The proposed use shall be consistent with and meet the stated purpose and intent of the zoning district within which the use is being proposed.
(2)
The proposed use shall be consistent with and uphold the general form, function, and design character of the neighborhood within which the use is being proposed.
(3)
The use shall be similar to and compatible with the permitted uses in the zone in which the subject property is located, is not permitted in any other zone under the terms of this chapter, and in no way is in conflict with the general purposes and intent of this chapter.
B.
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety, and welfare of the Township and its residents.
C.
For the purposes of this section, a specifically denied use shall be considered a use that is not a permitted use in the zone in question but is a permitted use in another zoning district.
§ 195-304 Nonconformities.
A.
General regulations. All lawful uses of land or of a building, sign or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the zoning district in which it is located, provided that such nonconforming conditions shall comply with the following requirements.
B.
Nonconforming structures.
(1)
Continuation. Any nonconforming structure existing on the effective date of this chapter or created by an amendment to this chapter may continue although such structure does not conform to the dimensional requirements of this chapter.
(2)
Restoration. A nonconforming structure which has been damaged or destroyed by fire, explosion, windstorm, or other natural or criminal acts shall meet the following restoration requirements:
(a)
A nonconforming structure with damage may be reconstructed, provided that the structure is restored to meet the following requirements:
[1]
The restored structure shall not exceed the height, area, and volume of the original damaged structure.
[2]
The restoration of the structure shall commence within one year from the date the structure was damaged and shall be continue uninterrupted; otherwise the nonconforming structure status shall be void.
(3)
Demolition. In the event any nonconforming building is destroyed or partially destroyed and the owner has determined reconstruction/restoration infeasible, the owner shall be responsible for the complete removal of the structure and debris as well as the filling of any excavated areas.
(4)
Expansion or alteration. The following requirements shall apply to the expansion or alteration of nonconforming structures or buildings:
(a)
The lot on which the expansion or alteration is proposed shall be limited to only that lot on which the building or structure existed at the time it became nonconforming. Expansion onto an adjoining lot is prohibited.
(b)
A nonconforming building or structure may be extended or expanded on the same lot, provided that the extension or alteration shall:
(c)
The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity.
(d)
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[1]
The structure shall not be extended beyond the existing nonconforming setback line.
[2]
No additional nonconformity shall be created.
[3]
The new nonconforming extension shall not be greater than 25% of the existing floor area.
[4]
All other requirements of this chapter, including but not limited to provisions regarding height restrictions, shall be met.
[5]
Such addition shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(e)
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(f)
Provisions for yards, building height, and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(g)
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(h)
The proposed alteration shall not cause an increased detrimental effect on the surrounding neighborhood.
(i)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
(j)
No expansion of a nonconforming structure or a nonconforming building located outside of a structure existing on the effective date of this chapter shall be permitted in any floodplain area except in accordance with Chapter 108, Floodplain Management, of the Code of the Township of West Hanover.
(k)
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming building or structure located in the floodplain area shall be permitted when either elevated above the base flood elevation or floodproofed. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies.
C.
Nonconforming lots.
(1)
Continuation. Any nonconforming lot, due to its lot area or lot width, existing as of the effective date of this chapter or created by an amendment to this chapter may be continued although such lot does not conform to the lot requirements for the district in which it is located.
(2)
Development. The following requirements apply to the development and use of the nonconforming lot:
(a)
All the requirements of this chapter shall be met with the exception of lot area and lot width. Furthermore, no lot shall be developed unless the following requirements are met:
[1]
Each lot shall have an approved on-lot water and wastewater system or access to public water and public sewer. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between the well and the on-lot wastewater system shall be provided.
[2]
In residential districts, only one single-family dwelling may be erected and the following minimum side yards shall be provided.
[a]
Interior lots with a width of 50 feet or more, two side yards shall be provided as required by the zoning district building form regulations specified in Article 2 of this chapter.
[b]
Corner lots with a width of 50 feet or more, two front yards shall be provided. The front yard opposite the interior side yard may be reduced by the required number of feet the lot width is less than the zoning district building form regulations specified in Article 2 of this chapter require but may not be reduced to less than the minimum side yard. The side yard shall be provided as required by the zoning district building form regulations.
[3]
On a lot in a commercial or industrial district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as above for residential structures.
(b)
Where possible, contiguous parcels under common ownership shall be replatted to create conforming lots.
D.
Nonconforming uses.
(1)
Continuation.
(a)
Any nonconforming use existing on the effective date of this chapter or created by an amendment to this chapter may be continued although such use does not conform to the provisions of this chapter. Change in ownership or possession of the use or property shall not prevent the continuance of the nonconforming use.
(b)
Any planned residential developments or portions thereof that were approved or completed prior to January 3, 1995, shall continue to operate under the chapter in effect when they were approved.
(2)
Expansion or alteration. Any nonconforming use may be expanded or altered only once through the obtainment of a special exception from the Zoning Hearing Board and subject to the following criteria:
(a)
The lot on which the expansion or alteration of a nonconforming use is proposed shall be limited to only that lot on which the use existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited. Any portion of the parent lot with a nonconforming use on part of the lot which is subdivided after July 10, 1995, and to which subdivided lot the nonconforming use has not been extended before subdivision shall, after subdivision, be used only in conformity with all the provisions of this chapter.
(b)
The total of all such expansions or alterations of use shall not exceed an additional 25% of the actual area of those buildings or structures or portion of the land devoted to and used by the nonconforming use, whichever is more restrictive, as they existed on the date such use first became nonconforming. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count toward the above maximum increase.
(c)
The nonconforming use of a building may be expanded within the building, provided that the expansion is limited to 50% of the GFA occupied by the nonconforming use at the time the use became nonconforming.
(d)
The applicant shall furnish conclusive evidence as to the extent of the nonconformity and lawfulness in all respects when it was created.
(e)
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(f)
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the district in which the nonconformity in question is located.
(g)
Appearance of expansions should be harmonious with surrounding properties; this feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
(h)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings, and open spaces.
(i)
No expansion of a nonconforming use located outside of a building/structure existing on the effective date of this chapter shall be permitted in any floodplain area except in accordance with § 195-216, Floodplain Overlay District.
(j)
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use located in the floodplain area shall be permitted when either elevated above the base flood elevation or floodproofed to the extent required in § 195-216, Floodplain Overlay District.
(k)
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(l)
The proposed expansion or alteration shall not cause an increased detrimental effect on the surrounding neighborhood.
(3)
Change of use. The following regulations shall apply to the change of nonconforming uses:
(a)
A nonconforming use changed to a conforming use shall not be permitted to be changed back to a nonconforming use.
(b)
A nonconforming use shall be permitted to be changed to another nonconforming use upon application to the Zoning Hearing Board for a special exception and in accordance with § 195-114H(2) of this chapter and the following standards:
[1]
The applicant shall show the nonconforming use cannot be changed reasonably to a permitted use.
[2]
The applicant shall demonstrate the change shall be less objectionable in external effects than the existing nonconforming use, including, but not limited to:
[3]
The applicant shall demonstrate that the change shall meet other requirements of this chapter, including parking and loading, buffering, and signage.
(4)
Abandonment, discontinuance and delinquency.
(a)
The ceasing of a nonconforming use in a building or structure for a continuous period of one year or more shall create the presumption of abandonment of the nonconforming use. Subsequent use of such building or structure shall be in conformity with the provisions of this chapter.
(b)
The ceasing of a nonconforming use of land for a continuous period of one year or more shall create the presumption of abandonment of the nonconforming use with the exception of normal agricultural practices, such as, the rotation of crops. Subsequent use of such land shall be in conformity with the provisions of this chapter.
(c)
In the case of the death of the landowner and/or settling of an estate, the discontinuance of the nonconforming use shall not be considered an abandonment of the use in accordance with Subsection D(1) and (2) above until the estate is settled or a court order has been entered regarding the estate's disposition. A one-year grace period after such settlement or court order shall apply.
(d)
A nonconforming use shall be deemed abandoned in the event the Township or county acquires an unredeemed, tax delinquent property and sells said property. Subsequent use of the land shall be in conformity with the provisions of this chapter.
E.
Documentation of the nonconformance.
(1)
It shall be the right of the landowner to provide evidence of the nonconformance. At the request of the landowner and based on evidence provided to the Zoning Officer, the Zoning Officer shall issue a certificate of nonconformance, which shall be for the purpose of insuring to the owner the right to continue a nonconforming building or use. If no documented evidence is produced, it shall be assumed that the nonconformance is not a preexisting condition.
(2)
The certificate of nonconformance shall set forth in detail all the nonconforming conditions of said property.
(3)
The Township shall retain a copy of the certificate of nonconformance.
§ 195-305 Principal uses.
A.
Residential and lodging uses: a category of uses for residential and overnight accommodations.
(1)
Bed-and-breakfast: a privately owned, single-family detached dwelling unit having a maximum of eight rooms, all without cooking facilities, rented to guests daily with the service of providing breakfast to the guests by the proprietor facility. The following supplemental use regulations apply:
(a)
Shall not alter the residential nature of the neighborhood and/or the character of the dwelling as a residence.
(b)
Kitchen facilities shall comply with 7 Pa. Code Chapter 46, Pennsylvania Food Code, as administered by the Pennsylvania Department of Agriculture.
(c)
Access to guest rooms shall be via a main entrance, lobby, or foyer within the building. No guest room shall have a separate exterior access, except as may be required by applicable fire or building codes.
(d)
No employees who are not otherwise eligible to be a member of the same household with the owner of the bed-and-breakfast may live on-site.
(2)
Community residence: a single-family dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty-four-hour basis, or present whenever residents with disabilities are present at the dwelling. A community residence shall be licensed where required by any appropriate government agencies, and a copy of any such licenses shall be delivered to the Township prior to beginning the use. A community residence includes group home and halfway house/recover community uses as defined below. The maximum capacities for each shall be governed by the appropriate government agencies' licensing regulations and standards.
(a)
Group home: a single-family dwelling unit licensed by the Pennsylvania Department of Human Services that is occupied as a single housekeeping unit in a family-like environment by persons with disabilities plus support staff. Residents are supervised by a sponsoring entity or its staff which furnishes habilitative services to the group home residents. A group home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or other individuals who are their legal guardians. Interrelationships between residents are an essential component of a group home. A group home imposes no time limit on how long an individual can reside in the group home. A group home is a relatively permanent living arrangement where tenancy is measured in years. The following use regulations apply:
[1]
The lot upon which the group home or institutional residence is situated shall meet the minimum area requirements established in Article 3, district regulations of this chapter for the district in which the use is to be located. However, in order to integrate group homes into a neighborhood and create a deinstitutionalized setting for the residents of group homes, no group home may be located within 2,500 feet of another group home.
[2]
Residents of a group home shall maintain a single household unit with shared use of living areas, eating areas, bathrooms and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.
[3]
Accommodations in a group home shall be provided for no more than four residents, excluding staff, at one time. However, there shall be no more than two persons per bedroom. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.
[4]
Applicants for group homes shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.
[5]
Evidence shall be provided with the application for a group home or institutional residence indicating that all applicable federal, state and/or county certification and licensing requirements have been met for the particular type of care provided.
[6]
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.
[7]
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.
[8]
The group home must comply with the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover.
[9]
Notwithstanding any provision of the Township building code, the group home must contain an automatic sprinkler system.
[10]
Off-street parking must adhere to the minimum parking requirements specified under § 195-418 of this chapter.
[11]
The group home shall not alter the essential character of the neighborhood or district in which the group home is located.
[12]
Inspections. The owner, operator or agent of a group home shall permit inspections thereof by the Code Enforcement Officer of the Township of West Hanover annually. If the owner, operator or agent does not permit such inspection by the Code Enforcement Officer, the Township may seek any appropriate legal or equitable relief to compel access to such property for such inspection.
[13]
Registration with Township.
[a]
The group home shall register, in writing, its location, general type of treatment/care, maximum number of residents and sponsoring agency with the Township.
[b]
In addition, each resident of the group home shall be registered with the Township. Such registration shall include the resident's name and special needs in order to assist the Township in coordinating its emergency response plan. This registration must be updated whenever there is change in the composition of the group home residency, but in no event less frequently than once every three months.
[c]
Any other registration of group home residents with any state and/or county agency for emergency preparation purposes shall be made and updated in accordance with the applicable state and/or county regulations.
[14]
Proof of staff licensure, certification and criminal background clearances.
[a]
All caretakers, administrators and staff must be duly licensed and/or certified by the Pennsylvania Department of Public Welfare, Department of Health and other federal, state or county agency, as may be required for the particular type of care provided and the nature of the employee's responsibilities. Every employee of the group home must have valid criminal background clearances, licensure and/or certification with the issuing agency or agencies while in employed by the group home.
[b]
The owner, operator or agent of any group home shall provide the Township with a register of all employees and furnish proof of all required licenses, certifications, and criminal background clearances for each employee prior to commencing operation in the Township. Thereafter, an updated register and proof of licensure, certifications and criminal background clearances shall be provided on at least an annual basis.
[c]
For every new person employed by the group home, the name of the employee, along with proof of all required licenses, certifications and criminal background clearances, shall be submitted to the Township prior to the commencement of the employment.
(b)
Halfway house/recovery community.
[1]
A Pennsylvania Department of Drug and Alcohol Programs-licensed facility providing a temporary residential living arrangement for persons leaving an institutional setting and in need of a supportive living arrangement to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes:
[a]
To help them recuperate from the effects of drug or alcohol addiction (a disability);
[b]
To help them reenter society while housed under supervision while under the constraints of alternatives to imprisonment, including, but not limited to, prerelease, work release, or probationary programs (not a disability); or
[c]
To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence (not a disability).
[2]
Interrelationships between residents is an essential component of a halfway house. Residency is limited to a specific number of weeks or months.
[3]
The following use regulations apply:
[a]
The lot upon which the halfway house/recovery community is situated shall meet the minimum area requirements established in the zoning district regulations for the zoning district in which the use is to be located. The halfway house/recovery community shall not be located in an accessory building or unit unless the primary building or dwelling unit is used for the same purpose. Additionally, and in order to integrate a halfway house/recovery community into a neighborhood and create a deinstitutionalized setting for the residents, a halfway house/recovery community may not be located within 625 feet of another group home as measured from the property line.
[b]
Residents of a halfway house/recovery community shall maintain a single household unit with shared use of living areas, eating areas, bathrooms and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.
[c]
Accommodations in a halfway house/recovery community shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.
[d]
Registration with the commonwealth and compliance with all regulations for licensure or certification as promulgated by the Department of Drug and Alcohol Programs in accordance with 71 P.S. § 613.13 or such other commonwealth agency or department as authorized by law. In the event that the halfway house/recovery community is not registered and is not required to be licensed or certified by the commonwealth, then the halfway house/recovery community shall provide either:
[i]
Documentation that it would comply if subject to licensure and certification, or
[ii]
Documentation that the halfway house/recovery community is a member in good standing and in compliance with all rules and/or regulations of a recognized countywide, statewide, or nationwide association of recovery homes or equivalent professional accrediting organization. Additionally, and annually thereafter, each operator must provide similar proof of commonwealth registration and compliance or continued status as a member in good standing and in compliance with all the rules and/or regulations of a recognized county, state or national professional association.
[e]
Proof that the halfway house/recovery community has policies, procedures and regulations that substantially address the following:
[i]
At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in the halfway house/recovery community, the operator thereof shall:
[A]
Notify the person designated as the occupant's emergency contact or contact of record that the occupant shall no longer be a resident at the property;
[B]
Contact the appropriate county or state agency to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment, and shelter or homeless services;
[C]
Provide the information obtained from the applicable county or state agency to the occupant prior to their release on a readable form that is signed by the occupant as proof of their receipt of the available services;
[ii]
Prior to an occupant's eviction from or involuntary termination of residency in the halfway house/recovery community, the operator shall:
[A]
Make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the halfway house/recovery community; and
[B]
In the event the occupant declines said transportation or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another halfway house/recovery community that has agreed to accept the occupant.
[iii]
Rules and regulations that prohibit the use of any alcohol or any nonprescription drugs at the halfway house/recovery community or by any recovering addict either on- or off-site;
[iv]
Rules and regulations that the facility cannot dispense medications unless licensed to do so, and that the possession or use of prescription medications is prohibited except for the person to whom they are prescribed and in the amounts/dosages prescribed; and
[v]
Rules and regulations that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit.
[f]
If permitted by law, supervisory, counseling and medical services may be provided but only to those individuals residing in the halfway house/recovery community, and no outpatient services shall be provided to individuals who are not residents of the halfway house/recovery community; and all occupants, other than a house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the halfway house/recovery community must maintain current records of meeting attendance.
[g]
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community sewer and water boards or authorities.
[h]
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.
[i]
Notwithstanding any provisions of the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover, the group home shall have the following installed throughout the building and any attached accessory building(s):
[i]
A fire sprinkler system which complies with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or the current corresponding section of the NFPA as may be amended from time to time; and
[ii]
A fire alarm system which complies with Chapter 11 of NFPA 72, National Fire Alarm and Signaling Code, or the current corresponding section of the NFPA as may be amended from time to time.
[j]
The halfway house/recovery community must comply with the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover, and an applicant seeking a halfway house/recovery community use shall provide with its application evidence that the building(s) size and layout is in compliance with the applicable building codes for the maximum number of individuals intended to be housed in the building(s). To satisfy this requirement, the Zoning Hearing Board may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who shall occupy each sleeping room, to demonstrate that the group home shall not be overcrowded.
[l]
The halfway house/recovery community shall not alter the essential character of the neighborhood or district in which the group home is located.
[m]
To the extent not already addressed above, the property, including all buildings located thereon, must be in compliance with all applicable federal, state and local laws, including, but not limited to, the Pennsylvania Uniform Construction Code, the International Fire Code and the International Fuel Gas Code as may be adopted and in effect by the Township.
[n]
Inspections. The owner, operator or agent of a halfway house/recovery community shall permit inspections thereof by the Code Enforcement Officer annually. If the owner, operator or agent does not permit such inspection by the Code Enforcement Officer, the Township may seek any appropriate legal or equitable relief to compel access to such property for such inspection.
[o]
Registration with Township.
[i]
The halfway house/recovery community shall register with the Township, in writing, the following: its location, general type of treatment/care, maximum number of residents and sponsoring agency.
[ii]
Any other registration of halfway house/recovery community residents with any state and/or county agency for emergency preparation purposes and to the extent permitted by law shall also be provided to the Township including any updates in accordance with the applicable state and/or county regulations.
[p]
Proof of staff licensure, certifications.
[i]
If required by state or federal law, all caretakers, administrators and staff must be duly licensed and/or certified by the Department of Human Services, Department of Health and other federal, state or county agency, as may be required for the particular type of care provided and the nature of the employee's responsibilities. Additionally, and to the extent required by state or federal law, every employee of the halfway house/recovery community must have valid criminal background clearances, licensure and/or certification with the issuing agency or agencies while employed by the halfway house/recovery community.
[ii]
If licenses, certification, or clearances are required by state or federal law, then the owner, operator or agent of any halfway house/recovery community shall provide the Township with a register of all employees and furnish proof of all required licenses, certifications and criminal background clearances for each employee prior to commencing operation in the Township. Thereafter, an updated register and proof of licensure, certifications and criminal background clearances shall be provided on at least an annual basis.
[iii]
If licenses, certification, or clearances are required by state or federal law, for every new person employed by the halfway house/recovery community, the name of the employee, along with proof of all required licenses, certifications and criminal background clearances, shall be submitted to the Township prior to the commencement of the employment.
(3)
Dwelling: a building containing one or more dwelling units. The term "dwelling" or any combination thereof shall not be deemed to include hotel, rooming house/boardinghouse, hospital, or other accommodations used for transient occupancy.
(a)
Multifamily: a building containing three or more dwelling units with the units stacked one above another (i.e., apartment house) and occupied by three or more families.
(b)
Multifamily conversion: an existing single-family detached dwelling that has been converted or shall be converted to individual dwellings for more than one family, without substantially altering the exterior of the building. The following supplemental use regulations shall apply:
[1]
Minimum apartment size shall conform to the following scale:
Number of Bedrooms | Usable Living Area (square feet) |
|---|---|
1 | 500 |
2 | 650 |
3 | 850 |
[2]
Only existing, single-family detached dwellings may be converted for conversion apartment use.
[3]
A maximum of four units may be created by the conversion of a single-family detached structure.
[4]
Access to each unit shall be reviewed and approved by an appropriate local fire protection official pursuant to the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover. The property owner shall provide each unit with smoke alarms and ensure each alarm is kept in working condition by the property owner at all times.
(c)
Single-family detached: a building used by one family, having only one dwelling unit and surrounded by open space or yards and which is not attached to any other dwelling by any means.
(d)
Single-family semiattached: one of two buildings arranged or designed as a dwelling, located on abutting lots and separated from each other by a solid partition, without openings, extending from the basement floor to the highest point of the roof along the dividing lot line and separated from any other building or structures by space on all sides.
(e)
Townhouse: a single-family attached dwelling unit in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each is separated from any other unit by one or more vertical common fire-resistant walls.
(f)
Tiny home: a single-family detached dwelling unit placed on a property and constructed on a permanent foundation for occupancy as a residential dwelling with a habitable area that is less than 400 square feet in floor area excluding lofts. A tiny home shall be considered a manufactured home as defined herein and shall meet the following additional requirements:
[1]
Contains a minimum of 200 square feet and a maximum of 600 square feet of living space;
[2]
Is a detached, self-contained unit which includes basic functional areas that support normal daily routines, such as cooking, sleeping and toiletry; and
[3]
Is designed and built to look like a conventional residential building structure.
(4)
Hotel/apartment hotel: a lodging establishment offering temporary lodging to the public consisting of eight or more sleeping rooms with a bathroom for each room and providing daily room cleaning services and other guest services. In-room kitchen facilities may or may not be provided. Includes apartment or residential hotels. Secondary service uses may also be provided, such as restaurants and meeting rooms. The following supplemental use regulations apply:
(5)
Motel: a building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances, and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges and similar terms.
(6)
Manufactured home: any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured houses placed in parks shall meet the requirements for manufactured housing parks listed in Chapter 173, the Township Subdivision and Land Development Ordinance, as may be amended. Manufactured houses placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed.
(7)
Manufactured home parks: a parcel or contiguous parcels of land that has been so designed and improved that it contains three or more manufactured home spaces for the placement thereon of manufactured homes. A manufactured home park shall be developed pursuant to the design standards specified in the Chapter 173, Subdivision and Land Development, Article VIII, of the Code of the Township of West Hanover.
(8)
Mixed-use building. A mixed-use building integrates nonresidential and residential uses within the same building where nonresidential uses are permitted on the first floor of the building and multifamily dwelling unit(s) are permitted on the upper floor(s). These buildings shall comply with all standards for nonresidential buildings plus the following supplemental use regulations:
(9)
Rooming house and boardinghouse.
(a)
Boardinghouse: a residential building where lodging and meals are provided for compensation to between three and six persons by prearrangement for indefinite periods.
(b)
Rooming house: a residential building whose principal use is to provide lodging, but not meals, for compensation by prearrangement for definite periods, to between three and six roomers, wherein no dining facilities are maintained for the roomer and in which bathrooms may or may not be shared.
(c)
Rooming house and boardinghouse are distinguished from hotels/apartment hotels and bed-and-breakfast facilities by the following:
[1]
The length of stay is typically longer (typically a minimum of two weeks) for rooming house and boardinghouse;
[2]
Roomers and boarders often have personal household appliances (such as toaster ovens and mini refrigerators);
[3]
There is no daily room cleaning or other guest services provided for rooming house or boardinghouse; and
[4]
The architectural character of a rooming house or boardinghouse structure is primarily residential in nature.
(10)
Short-term rental: the principal use of a building (except a hotel, motel or bed-and-breakfast) where, for compensation, temporary, i.e., less than 30 consecutive days, lodging is provided for the transient guests and meals are not provided. The following use regulations shall apply:
(a)
Permit required.
[1]
No owner of any property in the Township shall operate a short-term rental in the Township without obtaining a zoning permit from the Zoning Officer. Operation of a short-term rental without a permit is a violation of this chapter. Permits may be transferable to any new owner of the property, provided that an application with updated contact information is submitted to the Township and all prior violations of this chapter have been remedied.
[2]
The issuance of a zoning permit is not a warranty that the premises is lawful, safe, habitable, or in compliance with this chapter.
[3]
Permit application requirements. Short-term rental permit applications shall contain the following information:
[a]
The name, address, telephone number and email address of the owner.
[b]
The name, address and twenty-four-hour telephone number of the designated local property representative as required by Subsection A(10)(b)[1] below.
[c]
Floor plan identifying rooms on all floors, specific location of bedrooms, and location of any pools labeled as either in-ground or aboveground.
[d]
The total number of bedrooms.
[e]
If the building is a multi-unit building, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
[f]
A diagram or aerial photograph showing the location and number of off-street parking spaces.
[g]
Copy of current Dauphin County hotel room excise tax certificate.
[h]
Copy of current Pennsylvania sales and use tax permit or signed attestation that a third party collects this on behalf of the short-term rental owner.
[i]
Signatures of the owner and the designated local property representative. By signing the short-term rental application, the owner gives authorization to the Township to enter onto the property to inspect and ensure compliance with this chapter and all applicable ordinances and regulations administered and enforced by the Township.
[j]
Written notice to an applicable homeowners' association, indicating the intent to make application for and use the subject residential property for a short-term rental, when applicable.
[4]
A separate short-term rental zoning permit is required for each dwelling unit; for two-family or multifamily dwellings, a separate permit shall be required for each dwelling unit being rented as a short-term rental.
(b)
Operating standards.
[1]
Local property representative. The property owner shall designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of 1) responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental, and 2) taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file at the Township. The failure to provide the contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of approval and/or civil or criminal penalties.
[2]
Restrictions on use. A renter may not use a short-term rental for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fund-raiser, sponsored event, or any similar group activity.
[3]
[4]
Signage. No outdoor advertising signs related to the rental dwelling shall be allowed on the site.
[6]
Informational packet. A packet of information shall be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental use, including:
[a]
Information on maximum occupancy;
[b]
Applicable noise and use restrictions;
[c]
Location of designated off-street parking;
[d]
Direction that trash shall not be stored within public view, except within proper containers for the purpose of collection, and provision of the trash collection schedule;
[e]
Contact information for the local property representative;
[f]
Evacuation routes;
[g]
The renter's responsibility not to trespass on private property or to create disturbances; and
[h]
Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the Township for violating any provisions of this chapter.
[7]
Insurance. The property owner shall maintain on file at the Township an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term or vacation rental.
[8]
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. Parking for short-term rental guests shall not include spaces in any private, community, or public street right-of-way or on any lawns or vegetated areas.
[9]
The owner and/or local property representative shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate provisions of this chapter (or any other Township ordinance) and state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.
[10]
Overnight occupancy of recreational vehicles, camper trailers, and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
[11]
A short-term rental shall not have any outside appearance indicating a change of use.
[12]
Fireworks and floating lanterns are prohibited.
[13]
Subleasing all or a portion of the dwelling unit is prohibited.
[14]
All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit containing the following information:
[a]
The name of the owner of the unit and and/or the local property representative and a telephone number at which that party can be reached on a twenty-four-hour basis.
[b]
The physical street address of the property.
[c]
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
[d]
The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking shall be in the available parking areas on the property and not in or along any private, community or public street right-of-way or on any lawn or vegetated area on the property.
[e]
The trash pickup day and notification that trash and refuse shall not be left or stored outside of designated receptacles on the exterior of the property.
[f]
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of Township ordinances, including parking and occupancy limits.
[g]
Notification that short-term rental occupants and guests are required to make the property available for inspection by the Township upon request.
[h]
A copy of the Township short-term rental permit.
(11)
Temporary shelter facility: a facility providing temporary, emergency housing, and social, health, and related services for families and/or individuals 18 years of age or older, who are without resources and access to shelter. The following regulations apply:
(a)
The use shall only be operated by or in conjunction with a governmental, nonprofit, welfare or charitable service.
(b)
The maximum number of residents of the lodging shall be based upon a ratio of one person for every 50 square feet of interior space devoted to sleeping area, not to exceed 100 residents total.
(c)
The facility shall have staffing on-site during all hours of operation.
(d)
At least one toilet and shower shall be provided for every 15 shelter beds.
(e)
New temporary shelter facilities shall not be located within 2,000 feet of another temporary shelter, group home, residential board and care home, rooming house/boardinghouse, medical clinic, hospital, school, or park.
(f)
The temporary shelter facility shall be open to the individuals it serves for 24 hours per day, including the provision of an indoor waiting area for use by individuals when a portion of the facility is not open for operation. Lodging shall be provided on a reservation or referral basis so that clients shall not be required or allowed to queue for services outdoors.
(g)
All functions associated with the temporary shelter facility, except for children's play areas, outdoor recreation areas, and parking shall take place within the building housing the shelter.
B.
Civic and institutional uses: a category of uses related to fulfilling the needs of day-to-day community life, including assembly, public services, educational facilities, and hospitals.
(1)
Assembly: a facility that has organized meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community in a public or private setting. Includes such uses as community centers, auditoriums, civic centers, convention centers, performing arts facilities, private functional gatherings, and recreation centers.
(2)
Cemetery: land used or intended to be used for the burial or resting place of the deceased. The following use regulations apply:
(a)
All burial plots or structures shall be located at least 20 feet from any property line or street line.
(b)
Documentation shall be provided that water supplies of surrounding properties shall not be contaminated by burial activity within the proposed cemetery.
(c)
No burial plots or facilities are permitted in the 100-year flood zone.
(3)
House of worship. The following use regulations apply:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 200 feet.
(c)
All houses of worship shall have vehicular access to an arterial or collector highway.
(d)
Side yard setback: 50 feet on each side.
(e)
All off-street parking areas shall be in the rear yard, set back at least 10 feet from the closest property line and screened from adjoining properties.
(f)
House of worship-related residences (rectories and convents).
[1]
All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a house of worship.
[2]
All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the (R-1) Zone, except that any number of persons of a convent and/or seminary may share group quarters.
(4)
Government/higher education/hospital facilities: large-scale community-serving facilities associated with health care, universities, colleges, or government functions. Includes such uses as universities, theological schools, government offices, and hospitals. Does not include vocational or trade schools.
(a)
Government facility: a single-purpose public facility used for civic functions, which includes a place for public assembly in a portion of the facility, for the executive, legislative, or judicial branches of the state or a political subdivision thereof. Includes Township Hall, Board of Supervisors chambers, and courts. Does not include office buildings occupied by a government entity that are also utilized by private or nongovernmental occupants.
(b)
Higher education facility: a nonprofit institution for post-secondary education, public or private, for higher education that grants associate or bachelor's degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees.
(c)
Hospital: a Pennsylvania Department of Health-licensed institution providing medical care and health services to the community, primarily ill or injured patients. These services may be located in one building or clustered in several buildings, one of which shall provide emergency services, and may include additional hospital-affiliated accessory uses, such as laboratories, in- and out-patient facilities, training facilities, medical offices, staff sleeping quarters (but not full-time residences), food service, heliports, pharmacies, laundry facilities, florists, vendors of medical equipment, opticians, and gift shops. The following performance standards shall apply:
[1]
Minimum lot area shall be five acres.
[2]
Serviced by public water and public sewer utilities.
[3]
Where more than one building occupies a lot, the interior yard requirements specified under § 195-404E of this chapter shall apply.
[4]
A traffic impact study shall be prepared by a professional engineer, in accordance with the traffic impact study requirements specified in Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover. The traffic study shall include the following additional traffic study elements and requirements for the institution.
[a]
The property shall front on an arterial road or major collector roadway.
[b]
The roadway network shall be sufficient to accommodate the predicted vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
[c]
Emergency entrances shall be located on a building wall which faces away from adjoining residences or residential zones or is set back a minimum of 500 feet from the residences or residential zones.
[d]
The institution shall submit a copy of its emergency operations plan (EOP) to the Township Emergency Management Agency or Coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on-site and evidence indicating that the disposal of all materials and wastes shall be accomplished in a manner that compiles with state and federal regulations.
(5)
Library/museum: a structure open to the general public that houses educational, cultural, artistic, or historic information, resources, and exhibits. Includes such uses as libraries, museums, aquariums, planetariums, and exhibitions. May also include theater space, food service, and a gift shop.
(6)
Long-term care facility: a facility that provides rehabilitative, restorative, and/or ongoing skilled nursing care to patients and residents in need of assistance with activities of daily living. Long-term care facilities include nursing homes, rehabilitation facilities, in-patient behavioral health facilities, and long-term chronic care hospitals.
(7)
Police/fire/EMS: a facility providing public safety and emergency services; training facilities, locker rooms, and limited overnight accommodations may also be included.
(8)
School, pre-Kindergarten, elementary, intermediate: public or private education facilities with classrooms and offices, which may also include associated indoor and outdoor facilities, such as ball courts, gymnasium, theater, food service, and athletic fields. The following use regulations apply:
(a)
The applicant shall meet all requirements of the Commonwealth of Pennsylvania Code, Title 25, Chapter 171, Schools, and state and federal requirements for the construction, remodeling or alteration, or conversion of an existing property to an educational facility.
(9)
School, high school, higher education: public or private educational facilities for high school or higher education not considered a university. Facilities may be on a larger-scale campus and include significant traffic and parking. May include gymnasium, theater, cafeteria, offices, classrooms, athletic facilities, and athletic fields. Use does not include stadium/arena but may include a school stadium as an accessory use. The following use regulations apply:
(a)
The applicant shall meet all requirements of the Commonwealth of Pennsylvania Code, Title 25, Chapter 171, Schools, and state and federal requirements for the construction, remodeling or alteration, or conversion of an existing property to an educational facility.
(10)
Stadium/arena: a building or structure seating more than 1,000 spectators in tiered seating at sporting events, concerts, meetings, and gatherings of large groups. A stadium/arena may be open air or covered by either a fixed or retractable roof. The following supplemental use regulations apply:
(a)
Major entrances. A stadium/arena shall have multiple public entrances, including one major entrance on the façade designated by the property owner as the front setback. Such entrances shall be well-marked to cue access and use through means of enhancement that may include but are not limited to architectural, landscape, or graphic treatments. Where possible, major entrances shall take advantage of prominent intersection locations.
(b)
School stadium. A stadium/arena is a permitted accessory use to a school.
C.
Agriculture, forestry, and open space uses: a category of uses generally applicable to the use of the land and may not require buildings or other facilities used for agriculture, active or passive, public or private, outdoor recreation, education, or entertainment.
(1)
Agricultural use: land which is used for the purpose of producing an agricultural commodity or is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
(a)
The term includes:
[1]
Any farmstead land on the tract;
[2]
A woodlot;
[3]
Any land which is rented to another person and used for the purpose of producing an agricultural commodity; and
[4]
Any land devoted to the development and operation of an alternative energy system, if a majority of the energy annually generated is utilized on the tract.
(b)
Agricultural commodity includes any of the following transported or intended to be transported in commerce:
[1]
Agricultural, aquacultural, horticultural, floricultural, viticultural or dairy products.
[2]
Livestock and the products of livestock.
[3]
Ranch-raised fur-bearing animals and the products of ranch-raised fur-bearing animals.
[4]
The products of poultry or bee raising.
[5]
Forestry and forestry products.
[6]
Any products raised or produced on farms intended for human consumption and the processed or manufactured products of such products intended for human consumption.
(2)
Commercial recreation: recreation use facilities that are operated as a business and open to the public for a fee.
(3)
Commercial stockyards and/or feedlots: an agricultural operation that collects and temporarily stores livestock. The following use regulations apply:
(a)
All live animals held outside shall be within secure holding pens or runways.
(b)
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line or 500 feet of any land within a residential zone.
(c)
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip.
(d)
All access drives onto the site shall be provided in a dust- and mud-free manner for a distance of at least 200 feet from the street right-of-way line. The first 50 feet of the access drive beginning with its connection with the street right-of-way line shall be paved.
(e)
The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.
(f)
Adequate off-street parking and loading areas shall be provided. No parking or loading/unloading shall be permitted on or along any public road.
(g)
The applicant shall furnish evidence of any needed nutrient management plan approved by the appropriate agency.
(h)
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(4)
Community garden. A space used to grow plants for personal use, education, recreation, community distribution, or beautification by members of the neighboring community. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by community group members. The following supplemental use regulations apply:
(a)
Requirements for food production.
[1]
The site shall have reliable and legal access to an on-site source of water; use of water storage systems for nonpotable uses are permitted.
[2]
The site shall be operated in a manner that prevents the drainage of water or chemicals onto any neighboring property.
[3]
Site operators shall ensure that soils are suitable for food production and shall obtain any permits for operation required by law.
[4]
Tools, supplies, and machinery shall be stored in an enclosed structure or removed from the property daily. All chemicals and fuels shall be stored off the ground in an enclosed, locked structure when the site is unattended.
[5]
The site shall be maintained using organic agricultural practices, including the use of organic chemicals, when applicable, use of pesticides shall be in accordance with Pennsylvania's Pesticide Control Act of 1973 (Act of Mar. 1, 1974, P.L. 90, No. 24).[1]
[1]
Editor's Note: See 3 P.S. § 111.21 et seq.
[6]
At the end of the growing season (and no later than December 15 of each year), all plant material shall be cut to no more than six inches in height, unless there is an agricultural reason for keeping the plant materials uncut.
(b)
Operating rules. Applicants shall establish operating rules addressing the governance structure of the community garden, hours of operation, maintenance, assignment of garden plots when applicable, and security requirements.
(c)
Garden coordinator. Applicants shall identify a garden coordinator to manage the garden and act as the point of contact with the Township. The coordinator shall be an employee or volunteer of a public entity, nonprofit organization, or other community-based organization. Applicants shall file the name and telephone number of the garden coordinator and a copy of the operating rules with the Zoning Officer.
(5)
Equine activities: includes the following activities as prescribed by Pennsylvania's Equine Activity Immunity Act, Act of Dec. 22, 2005, P.L. 472, No. 93[2]:
(a)
Equine training, teaching, riding instruction, shows, fairs, parades, competitions, or performances which involve breeds of equine participating in an activity. This includes, but is not limited to, dressage, hunter and jumper shows, Grand Prix jumping, three-day eventing, combined training, rodeos, reining, cutting, team penning and sorting, driving, pulling, barrel racing, steeple chasing, English and Western performance riding and endurance and nonendurance trail riding. This subsection shall also include Western games, gymkhana, hunting, packing, therapeutic riding and driving and recreational riding.
(b)
Equine or rider and driver training, teaching, instruction, or evaluation. This subsection includes clinics, seminars and demonstrations.
(c)
Boarding equines, including normal daily care.
(d)
Recreational rides or drives which involve riding or other activity involving the use of an equine.
(e)
Placing, removing, or replacing of horseshoes or the trimming of an equine's hooves.
(f)
The following performance standards apply to all equine activities:
[1]
Minimum lot size: one acre.
[2]
Number of horses permitted: maximum one per acre.
[3]
Events. Special events, including training, where horse trailers or similar vehicles shall be parked in the right-of-way shall be regulated by a temporary use zoning permit issued by the Zoning Officer, and shall be subject to an approved parking and staging plan.
[4]
Fences. All turnouts shall be enclosed by a fence that is a minimum of 55 inches high and is compliant with the provisions of this chapter.
[2]
Editor's Note: See 4 P.S. § 601 et seq.
(6)
Forestry operation: the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. The following use regulations apply:
(a)
To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including, but not limited to timber harvesting, and to be in compliance with the MPC, as amended, forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Township. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
(b)
Policy and purpose. To conserve forested open space and the environmental and economic benefits they provide, it is the policy of West Hanover Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
(c)
Permit required, notification, insurance and surety.
[1]
When a property owner wishes to conduct or permit to be conducted a logging or timber harvesting operation on their property, such owner shall obtain a zoning permit from the Township. The fee schedule for logging and timber harvesting permits shall be as indicated in the current Township Fee Schedule.
[2]
A logging and timber harvesting permit shall not be required, and this section shall not apply to:
[a]
Work performed on clearing subdivision roads and rights-of-way approved by the Board of Supervisors of the Township.
[b]
Individual lots affected by the logging operation of less than one acre in size, provided that the entire logging or timber harvesting operation does not exceed a total of one acre.
[3]
The Township shall be notified in writing before any logging or timber harvesting operation begins so that the Township may determine if other Township permits or approvals are required for the particular operation. Should a logging and timber harvesting permit be required for the particular operation, the Township shall be notified at the following times:
(d)
Submission requirements for zoning permit application. The logging and timber harvesting application shall be filed with the Township and shall contain the following:
[1]
A project narrative/description containing the following information:
[a]
Purpose of the proposed operation including range and species of trees selected for harvesting.
[b]
Total land area involved in the proposed logging operation shall be shown on a survey plan prepared by a professional land surveyor.
[c]
An erosion and sedimentation control plan prepared in accordance with 25 Pennsylvania Code, Chapter 102 regulations.
[d]
Written description outlining the revegetation of the landing area, skid trails, harvest area and any other disturbance locations.
[e]
Stormwater control measures to be utilized.
[f]
Stream crossings and wetland protection measures to be utilized.
[g]
Provide proof of written notification to each adjacent property owner of the proposed logging or timber harvesting operation with statement that the application is available to be viewed in the Township offices. A copy of such notification letter shall be included with the applicant's submission.
[h]
A narrative indicating that the logging operator shall address and comply with the requirements of all applicable commonwealth laws and regulations, including, but not limited to, the following:
[i]
Erosion and Sedimentation Control Regulations, 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1, et seq.).
(e)
Logging operation practices and regulations.
[1]
No logging operation or removal of products shall take place between the hours of 7:00 p.m. and 8:00 a.m. EST or any time on Sundays or legal holidays.
[2]
Any logging operation in existence at the time of the enactment of this chapter may continue without interruption, provided that application is made within 30 days of said enactment for a zoning permit under the provisions of this chapter and that such permit is granted.
[3]
The maximum term of any permit issued pursuant to this chapter shall be for six months. However, since the logging operation may be adversely affected or delayed by unusual circumstances of weather or other occurrences, one additional six-month extension, after payment of a renewal fee equal to the initial permit fee, may be granted by the Township.
[4]
Trees falling on adjacent properties as a result of a logging or timber harvesting operation shall immediately be returned to the landowner's property, who shall be responsible for any damage, cost, or restoration to the affected adjacent property.
[5]
Timbering or logging activity shall not be performed within 10 feet of any unmarked property line which has not been surveyed to accurately demonstrate location of trees in relationship to the property boundaries.
[6]
The Township shall have authority to order the suspension of any logging or timber harvesting operation if activities are not in compliance with any state, county or Code of the Township of West Hanover or in violation of the permit requirements and conditions.
[7]
Felling or skidding on or across any public road or right-of-way is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.
[8]
No tops or slash shall be left on any public or private roadway or pedestrian trail providing access to adjoining residential property.
[9]
No tops or slash shall be left on or across the boundary of any property adjoining the logging or timber harvesting operation without the written consent of the owner thereof.
[10]
All litter resulting from a logging or timber harvesting operation shall be removed from the site before the operator vacates it.
[11]
Upon completion of the logging or timber harvesting operation, all disturbed areas, including, but not limited to, the landing area(s), skid trails and any disturbed areas shall be revegetated pursuant to the erosion and sedimentation control plans, the stormwater management plans and the permit requirements.
(f)
Road maintenance, protection and bonding.
[1]
The Township shall have the authority to suspend any logging or timber harvesting operation should the Township determine that conditions of the logging or timber harvesting operation shall cause or make likely damage to a Township-maintained roadway.
[2]
The repair of roads, bridges and culverts damaged as a result of a logging or timber harvesting operation shall be repaired to the satisfaction of the Township.
[3]
The permittee, logging operator, or a designated representative shall not create a new or utilize an existing access onto a state-maintained roadway without first showing proof that the access is permitted by the Pennsylvania Department of Transportation.
[4]
The permittee, logging operator, or a designated representative shall not create a new or utilize an existing access onto a Township-maintained roadway without first obtaining permission from the Township for utilizing said access.
[5]
Any disturbance along a Township-maintained roadway to create a new or improve upon an existing access shall be reconstructed back into its original condition as it was prior to the commencement of the logging or timber harvesting operation.
(g)
Waivers and enforcement.
[1]
The Township's Zoning Officer (or equivalent otherwise titled Township official), or their designee, shall be the enforcement officer for this subsection.
[2]
The Township's Zoning Officer (or equivalent otherwise titled Township official), or their designee, may enter the site of any logging or timber harvesting operation before, during, or after active logging to:
(h)
Violations, penalties and remedies.
[1]
Enforcement remedies.
[a]
Upon finding that a timber harvesting operation is in violation of any provision of the chapter, the Township shall issue the logging operator and the landowner a written notice of violation, in accordance with the provisions of this chapter regarding enforcement notices, describing each violation and specifying a date by which corrective action must be taken.
[b]
The Township may order the immediate suspension of any logging or timber harvesting operation and may institute any appropriate action to prevent, restrain, correct, or abate the violation of this chapter (as permitted by 53 P.S. § 10617) upon finding that 1) corrective action has not been taken by the date specified in a notice of violation; 2) the operation is proceeding without a logging plan; or 3) the operation is causing an immediate environmental risk, hazard or pollution concern.
[c]
Suspension orders shall be in writing, shall be issued to the logging operator and the landowner, and shall remain in effect until the logging operation is brought into compliance with this chapter or other applicable statutes or regulations.
[2]
Penalties.
[a]
Any logging operator or landowner who violates any provision of this subsection; refuses to allow a Township official access to a harvest site pursuant to this subsection; or who fails to comply with a notice of violation or suspension order issued pursuant to this subsection is guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500, plus all court costs, for each separate offense.
[b]
Each day of continued violation of any provision of this subsection shall constitute a separate offense.
(7)
Nature preserve: areas in which human activities are very limited and where the natural environment is protected from man-made changes by a conservancy or conservation easement. The nature preserve includes woodland preservation, game preserves, and wildlife sanctuaries.
(8)
Shooting range: a place where firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) can be shot for recreation, competition, skill development, training, or any combination thereof. The following use regulations apply:
(a)
Lot area. Minimum lot area shall be 10 acres.
(b)
Location.
[1]
No part of a shooting range, to include the safety fan, shall be located within 1/4 mile of any land within the RR, R-1, R-2, R-3, and NMU Zoning Districts or any residential structure within the C or RA Zoning Districts.
[2]
Adjacent areas shall be predominantly undeveloped, and the range area shall be at least 200 feet from any property or street right-of-way line. The use shall also be located at least 500 feet from any existing residential dwelling.
(c)
Lot width. Minimum lot width shall be 300 feet.
(d)
Design safety.
[1]
A safety fan shall be provided for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
[2]
The entire firing range area, including the entire safety fan, shall be enclosed with a six-foot-high nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall, red letters on a white background shall be posted at a maximum of 100-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"
[3]
Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan.
[4]
All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
[5]
All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back a minimum of 100 feet from the property line and street right-of-way.
[6]
Sound abatement shields or barriers shall be installed on shooting ranges.
[7]
An earthen background berm shall be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements.
[a]
The earthen berm shall have a slope of not less than one vertical to two horizontal and shall extend at least eight feet above the ground level of the highest target.
[b]
The crest of the earthen berm at the eight-foot minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
[c]
Earthen side berms shall be provided immediately adjacent to the range and shall extend from the firing line to the background berm.
[8]
The firing range shall be free of gravel and other hard surface materials and be adequately drained according to the stormwater management standards specified under Chapter 168 of the Code of the Township of West Hanover.
[9]
Adult supervision shall be provided for children under 16 years of age.
(e)
Shooting range operations:
[1]
Shall not damage the health, safety or welfare of the Township or its residents and property owners.
[2]
Shall comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm.
[3]
Shall limit the storage of ammunition to only that utilized for each day's activity, and in no event shall ammunition remain on the property for greater than 24 hours. The storage of live ammunition may only occur indoors in an area secured from general access.
[4]
Shall limit the number of active shooters to the number of firing points or stations identified on the development plan.
[5]
Shall limit firing to the hours between two hours after dawn and one hour preceding dusk.
[6]
Shall prohibit alcoholic beverages.
[7]
Shall permit only targets mounted on target posts. No targets of any kind shall be set directly on the ground.
(f)
Parking. Off-street parking facilities shall be provided in the rear yard with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats.
(9)
Park: private use of land for active or passive outdoor space, including such uses as parks, plazas, greens, parkettes, playfields, playgrounds, recreation centers, and tot lots for general recreation, athletics, and leisure. May include historic structures/monuments, botanical gardens, ornamental gardens, or arboretums. Accessory uses may include picnic areas, fishing, zip lines, and swimming pools. The following supplemental use regulations apply:
(a)
Hours of operation. Park hours of operation shall be determined by the Township, and such hours of operation shall be conspicuously posted at park entrances.
(b)
Events. Park uses may be utilized to host temporary festivals, events, and farmers' markets pursuant to § 195-307, Temporary uses, of this chapter.
(c)
Park buildings. A limited number of park buildings may be located in a park per the following regulations:
[1]
All buildings shall be located in areas that do not obstruct open space viewsheds and enjoyment of the park open space area. Such locations shall be approved by the Township Board of Supervisors.
D.
Retail uses: a category of uses involving the sale of goods and provision of services to the public for personal or household consumption. Visibility and accessibility are important to these uses, as most businesses typically rely heavily on walk-in customers or clients and rarely utilize scheduled appointments.
(1)
Commercial equipment and supply: a use involving the large-scale sale of goods to residents or businesses within the region. The goods or merchandise sold may be of the same type or a variety of types and typically occupy a space greater than 20,000 square feet. This use may include bulk sales and typically involves frequent commercial vehicle and consumer traffic. This use is primarily located indoors but may also include accessory outdoor storage of goods. This includes such uses as those listed in Table 3.02, Typical Commercial Equipment and Supply Uses.
Table 3.02 Typical Commercial Equipment and Supply Uses |
|---|
Bottled gas (such as propane) sales and supply |
Heating and air conditioning supply, sales and service |
Building materials, hardware, and lumber supply machine sales and rental |
Cabinet supply (display only) |
Electrical supply |
Plumbing sales and service |
Farm equipment and supply wholesale trade |
(2)
Convenience store: any retail store with a wide mix of goods typically used daily, including household goods, personal health items, cosmetics, candy, and tobacco products, and food.
(3)
General retail: a retail use with a GFA of 3,000 square feet or greater and outdoor sales limited to no more than 25% of the indoor GFA of the retail use. General retail includes such uses as those listed in Table 3.03, Typical Retail Uses.
Table 3.03 Typical Retail Uses | |
|---|---|
Typical Neighborhood Retail Uses | Typical General Retail Use |
Antique shop | All typical neighborhood retail uses 3,000 square feet and over |
Apparel, shoes, and/or accessory store | Appliance sales |
Small appliance store | Automotive supply (no service) |
Art gallery and sales | Computer software sales and leasing |
Art and/or education supplies | Department store |
Bakery with no distribution | Medical supply store |
Beer/wine/liquor sales | Motorcycle and motor scooter sales, limited outdoor display |
Bicycle and accessory sales | Nursery |
Book and/or video store | Outdoor recreation equipment |
Camera and photo supply store | Public market |
China and/or glassware | |
Cigar, cigarettes, tobacco shop | |
Coin and/or philatelic store | |
Craft store | |
Discount variety store (e.g., dollar stores or five-and-dime stores) | |
Drug and/or cosmetics store, except medical marijuana dispensary | |
Electronics sales | |
Fabric and sewing supply store | |
Florist | |
Framing shop | |
Furrier shop, no storage | |
Garden supply and/or nursery | |
Gift, novelty and souvenir shop | |
Grocery store | |
Hardware store | |
Home furnishings and accessories | |
Jewelry and/or gem store | |
Luggage and/or leather goods | |
Medical marijuana dispensary | |
Magazine and/or newspaper store | |
Music and/or musical instruments | |
Office machines and supply | |
Optical goods | |
Paint and wallpaper store | |
Parts supply shop | |
Pet and/or pet supplies shop | |
Public market | |
Secondhand sales of any item permitted for sale new | |
Specialty food (candy, fish, produce, prepared foods, etc.) | |
Sporting goods | |
Stationery and paper store | |
Toy and/or baby supplies | |
(4)
Grocery store: any store commonly known as a "supermarket," "food store," or "grocery store," with at least 60% of gross square footage dedicated to the retail sale of fresh and/or frozen meat, seafood, poultry, fruits, and vegetables; and dairy and bakery products.
(5)
Neighborhood retail: a retail use with a GFA of less than 3,000 square feet and outdoor sales limited to no more than 10% of the indoor GFA of the retail use. Neighborhood retail includes such uses as those listed in Table 3.03, Typical Retail Uses. In the event a specific neighborhood retail use is not identified in Table 3.03, the Zoning Officer shall have the authority to review the proposed use and the applicant shall submit to the Zoning Officer such additional information as the Zoning Officer deems necessary to render an official determination under this chapter.
(6)
Medical marijuana dispensary: a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana pursuant to Pennsylvania's Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16.[3] The following use regulations apply:
(a)
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(b)
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(c)
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(d)
Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
(e)
A medical marijuana dispensary shall comply with the setback, parking, landscaping, coverage, and building height requirements of the applicable zoning district to determine the building envelope and maximum allowable floor area. A medical marijuana dispensary shall have an interior customer waiting area equal to a minimum of 25% of the GFA.
(g)
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(h)
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted to the closest property line of the protected use, regardless of the municipality in which it is located.
(i)
(Reserved)
(j)
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.
(k)
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(l)
Parking requirements shall follow the parking schedule found in § 195-418, Off-street parking and loading, of this chapter.
(m)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.
(n)
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(o)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(7)
Outdoor sales lot: a use involving the sale of goods or merchandise to businesses and/or the general public, where the majority of the goods are stored or displayed outdoors. Outdoor sales lot includes such uses as: the sale and rental of automobiles, trucks, trailers, boats, and recreational vehicles; and the outdoor sale of building materials, landscape materials, and garden supplies. The following supplemental use regulations apply:
(a)
Outdoor sales lots are not permitted on a corner lot, except in the Highway Commercial and Industrial Zoning Districts.
(b)
Any site used for the sale, parking and/or storage of more than 150 vehicles shall front solely upon collector or arterial roads.
(c)
All exterior areas used for the sale, parking and/or storage of automobiles shall be completely enclosed by a minimum six-foot-high fence, which shall be subject to the Industrial Zone's setback requirements imposed upon off-street parking lots.
(d)
Driveways shall be located in safe relationship to sight distance and barriers to vision in accordance with Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
(e)
Driveways shall be constructed in accordance with the design and improvement standards of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
(f)
Vehicles shall be parked and/or stored in a horizontally stacked configuration.
(g)
All lighting shall be designed and constructed so as not to cast glare on adjoining roads and/or properties.
(h)
The sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display areas, stands, booths, tables, or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale.
(i)
The retail sales area shall be set back at least 50 feet from all residential zoning districts or residential uses.
(k)
Exterior trash receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(l)
The servicing, reconditioning, demolition, or junking of vehicles is prohibited.
(m)
The applicant shall furnish evidence that the disposal of all materials shall be accomplished in a manner that complies with all applicable state and federal regulations.
(n)
No part of the auction shall be located within 600 feet of any land within the RR, R-1, R-2, R-3, and NMU Zones.
(o)
All outdoor sales lots shall comply with applicable state laws including 49 Pa. Code § 19.1, Standards of Licensure for Retail or Public Auction.
(8)
Public market: an indoor or covered, open-air permanent building dedicated to the sale of local and regional food, flowers, baked goods, and small crafts, excluding secondhand goods.
E.
Service uses: a category of uses that provide patrons services and limited retail products related to those services.
(1)
Adult day-care center: any premises operated for profit in which adult day care is simultaneously provided for four or more adults who are not relatives of the operator. Adult day care is care given for part of the twenty-four-hour day to adults requiring assistance to meet personal needs and who, because of physical or mental infirmity, cannot themselves meet these needs, but who do not require nursing care.
(2)
Assisted living facility: any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the facility in the event of an emergency or medication prescribed for self-administration.
(3)
Automobile fueling and limited repair service: a business involving the sale and distribution of fuel, electric vehicle battery exchange stations, and/or limited repair service for vehicles to residents of the community and region. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. The following supplemental use regulations apply:
(a)
Permitted types of repair service. Repairs include minor engine repairs and repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel alignment and balancing, and repair and replacement of shock absorbers. Engine rebuilding, bodywork, and painting are not included in this definition.
(b)
Outdoor storage. Disabled or inoperable vehicles and those awaiting pickup may be stored outdoors if all the following occur:
[1]
No more than six vehicles are stored.
[2]
The storage area is located in the rear yard and screened from view of the front lot line. The screening shall be a minimum of eight feet high and shall be a galvanized chain-link fence with privacy slats.
[3]
The storage area shall also be screened from adjacent uses pursuant to the screening requirements specified under § 195-403 of this chapter.
[4]
The vehicles shall be stored in the designated storage area and not in the public right-of-way or in a part of the lot not specifically designated as an off-street parking space.
[5]
All ventilation associated with fuel storage tanks shall be set back 100 feet from any adjoining residential use or property within the RR, R-1, R-2, R-3, and NMU Zoning Districts and oriented away from such property.
[6]
The applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with all applicable state and federal regulations.
(4)
Automobile service/car wash: a business involving the servicing of vehicles and/or the sale and distribution of fuel. A convenience store may also be included as a secondary use, as well as the sale of propane and kerosene. Vehicle service includes such uses as automotive filling stations, vehicle repair, car wash facilities, and tire sales and mounting. Engine rebuilding, bodywork, and painting are included in this definition. The following supplemental use regulations apply:
(a)
Use limitation. Repair and wash facilities for vehicles that are not automobiles are not permitted.
(b)
Outdoor storage. Disabled or inoperable vehicles and those awaiting pickup may be stored outdoors under all the following conditions:
[1]
No more than six vehicles are stored.
[2]
The storage area is located in the rear yard and screened from view of the front lot line. The screening shall be a minimum of eight feet high and shall be a galvanized chain-link fence with privacy slats.
[3]
The storage area shall also be screened from adjacent uses pursuant to the screening requirements specified under § 195-403 of this chapter.
[4]
The vehicles shall be stored in the designated storage area and not in the public right-of-way or in a part of the lot not specifically designated as an off-street parking space.
[5]
All ventilation associated with fuel storage tanks shall be set back 100 feet from any adjoining residential use or property within the RR, R-1, R-2, R-3, and NMU Zoning Districts and oriented away from such property.
(d)
Environmental controls.
[1]
Car washes shall include a water reclamation system for the purpose of recycling water.
[2]
Filtration of wastewater shall be conducted before discharge to a sanitary sewer system.
[3]
A National Pollutant Discharge Elimination System (NPDES) permit from the Pennsylvania Department of Environmental Protection is required to discharge wastewater directly into a surface water body or to a storm sewer that discharges to a surface water body.
[4]
Residual sludge shall be disposed of in accordance with the Pennsylvania Department of Environmental Protection requirements and standards.
[5]
The applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with all applicable state and federal regulations.
(5)
Automobile/truck/limousine rental service: a commercial facility that offers automobiles, trucks, and/or limousines for rent or lease for specific periods of time, including a stand-alone facility for automobile leasing services associated with an off-site automobile dealership.
(6)
Bail bonds agency: an entity that charges a fee or premium to release an accused defendant or detainee from jail and/or engages in or employs others to engage in any activity that may be performed only by a licensed and appointed bail bond agent.
(7)
Brew pub: an eating place, as defined herein, that includes as an accessory use the on-premises production of alcoholic beverages, including beer, wine, cider and distilled liquors, which produces less than 100,000 gallons of such beverages per year, and primarily sells its beverages on-site, either for on- or off -premises consumption. The area used for brewing, distilling, bottling, and kegging shall not exceed 30% of the total gross leasable floor area. The brew pub shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth.
(8)
Child-care center: a facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A child-care center is a facility in which seven or more children unrelated to the operator receive child-care services. In addition to the requirements specified in DHS licensure or approval regulations, the following performance standards apply:
(a)
Outdoor play areas shall not be located in the front yard.
(b)
Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in § 195-403.
(c)
Any vegetative materials located within the outdoor play areas shall be of a nonpoisonous and noninvasive type.
(d)
All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.
(9)
Community service: a public or not-for-profit service or activity undertaken to advance the welfare of citizens in need that provides food and goods distribution to private citizens.
(10)
Drinking places: any establishment licensed and permitted under the Pennsylvania Liquor Control Board to sell alcoholic beverages, including beer, wine, and liquor for on-site consumption. Drinking places are required to have a door that opens directly onto the adjacent public right-of-way during all hours of operation.
(11)
Eating places: an establishment selling prepared foods for on-premises consumption and carry out. Includes such uses as restaurants, cafes, coffee shops, diners, delis, fast-food establishments, lunch counters, and cafeterias. Eating places, which do not include brew pubs, may sell alcoholic beverages, including beer, wine, and liquor for on-site consumption as permitted through the Pennsylvania Liquor Control Board. Eating places are required to have a door that opens directly onto the adjacent public right-of-way during all hours of operation.
(12)
Electronic cigarette/vaporizer store: a business establishment for which more than 50% of the GFA is dedicated to the storage, mixing, display, on-site consumption, and/or retail sale of electronic cigarette devices, nicotine-enriched solutions, and/or liquid products that are manufactured for use with electronic cigarettes.
(13)
Entertainment assembly: a facility, other than a stadium/arena or adult establishment, for holding events, indoors or outdoors, to which members of the public are invited with or without charge. Events may include theatrical performances; live music performances; dances, balls; shows or exhibitions; or live or broadcasted wrestling, boxing/sparring matches, or other sporting events. The following use regulations apply:
(a)
Parking: 11 spaces per 1,000 square feet GFA and 0.3 space per seat.
(b)
Sewage disposal. The premises upon which entertainment assembly uses are conducted shall have an on-lot disposal system, holding tank, or be serviced by a public sewer system. No portable toilets are permitted.
(c)
Buildings and structures within which entertainment assembly uses are conducted shall be in compliance with the Pennsylvania Uniform Construction Code.
(14)
Family child-care home: a facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A family child-care home is a facility in which four, five or six children unrelated to the operator receive child-care services. A family care home shall be located in a habitable residential building. In addition to the requirements specified in DHS licensure or approval regulations, the following performance standards apply:
(a)
Outdoor play areas shall not be located in the front yard.
(b)
Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in § 195-403.
(c)
Any vegetative materials located within the outdoor play areas shall be of a nonpoisonous and noninvasive type.
(d)
All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.
(e)
Refuse shall be collected on a regular basis by a commercial waste contractor.
(15)
Funeral home/mortuary: a place or premises devoted to or used in the care and preparation for burial, disposition, or transportation of dead human bodies, or any specifically designated location or address where any person or persons shall hold forth that they are engaged in the practice of mortuary science, embalming, cremation services, or funeral directing, and shall mean and include any premises of any kind whatsoever in which mortuary science in any of its branches is practiced or in which more than five funerals may be conducted in any calendar year, except publicly owned buildings, places of worship and meeting places of fraternal organizations. Funeral homes/mortuaries may include crematoriums, visitation rooms, and administrative offices. The following use regulations apply:
(16)
General service: a service use with a GFA of 3,000 square feet or greater as well as larger-scale indoor and outdoor entertainment uses. General service includes uses such as those listed in Table 3.04, Typical Service Uses.
Table 3.04 Typical Service Uses | |
|---|---|
Typical Neighborhood Service Uses | Typical General Service Uses |
Arcades and billiards | All neighborhood services over 3,000 square feet |
Barbershop, beauty salon, and spas | Animal boarding, day care, and training (interior only) |
Coffee shop | Aquatic facilities |
Dry cleaning (pickup/outlet only) | Archery ranges (indoor only) |
Financial depository institutions/banks, chartered and excluding check cashing establishments | Batting cages |
Fitness club, athletic club, dance studio, yoga studio and gym | Bowling alleys |
Home furniture and equipment repair | Miniature golf courses |
Laundromat | Motion-picture theaters |
Locksmith | Recreation, commercial indoor |
Mailing and delivery services | Rental of any good permitted to be sold in the district |
Medical clinic | Repair of any good permitted to be sold in the district |
Pet grooming | Skating rink |
Phone sales and service | |
Photocopying and printing | |
Photography studio with supplies | |
Post office, limited distribution | |
Rental of any good permitted to be sold in the district | |
Repair and/or servicing of any good permitted to be sold in the district | |
Tailor or seamstress | |
Tanning salon | |
Therapeutic massage establishment, licensed proprietor | |
Travel agency, ticketing, and tour operator | |
Veterinary services/animal hospital (no outdoor kennels) | |
(17)
Group child-care home: a facility that provides services for which the Pennsylvania Department of Human Services (DHS) has promulgated licensure or approval regulations. A facility in which seven to 12 children unrelated to the operator receive child-care services. In addition to the requirements specified in DHS licensure or approval regulations, the following performance standards apply:
(a)
Outdoor play areas shall not be located in the front yard.
(b)
Play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zoning district(s) identified in Table 3.01.
(c)
Outdoor play areas shall be screened from adjoining residentially zoned properties pursuant to the screening requirements specified in § 195-403.
(d)
Any vegetative materials located within the outdoor play areas shall be of a nonpoisonous and noninvasive type.
(e)
All outdoor play areas shall provide a means of shade, such as shade trees or pavilions.
(18)
Kennel: any lot on which two or more animals that are older than six months (except relating to a farm) that are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels. The following use regulations apply:
(a)
All kennels shall be licensed by the Pennsylvania Department of Agriculture and shall be constructed and maintained in accordance with Pennsylvania's Dog Law, 3 P.S. § 459-101, et seq. The applicant shall demonstrate compliance with all state requirements.
(b)
Minimum lot area. Each site shall contain at least five acres.
(c)
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard and screened from adjoining properties and shall be a minimum of 200 feet from all property lines.
(d)
All outdoor recreation areas shall be enclosed to prevent the escape of animals. All such enclosures shall be set back a minimum of 200 feet from all property lines.
(e)
Sanitary disposal facilities shall be available to eliminate animal and food waste, used bedding, dead animals and debris, and to minimize vermin infestation, odors, and disease hazards.
(f)
The subject property shall be located no closer than 500 feet from the residential zoning districts listed in Table 2.01 and/or property containing a residence.
(g)
Yard areas or pens shall be fenced with wire mesh fencing and located at least 150 feet from any lot line.
(19)
Medical clinic. "Medical clinic" means a licensed institution providing same-day, walk-in, or urgent medical care and health services to the community, primarily ill or injured outpatients, which is not a hospital, and which is not a medical office, and which shall not include methadone or drug rehabilitation clinics. Provision of an indoor waiting area for use by individuals when a portion of the facility is not opened for operation is required, so that clients shall not be required or allowed to queue for services outdoors.
(20)
Microbrewery, microdistillery, microwinery: a facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider, mead, and distilled liquors, for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces less than 100,000 gallons of such beverages per year. It may include a restaurant (i.e., eating place), tasting room and retail space to sell the product on site. Nanobreweries shall be included under this definition. The microbrewery/microdistillery/microwinery shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth.
(21)
Methadone treatment facility. A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance, or detoxification of persons. The following use regulations apply:
(a)
A methadone treatment facility shall have frontage on and direct access to U.S. Route 22 in the CH District.
(b)
For any building (or portion thereof) which is proposed to contain a methadone treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meetinghouse or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.
(c)
Notwithstanding Subsection E(21)(b) above, a methadone treatment facility may be established and operated closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meetinghouse or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.
(d)
All buildings proposed to contain a methadone treatment facility shall fully comply with the requirements of the then current edition of the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover.
(e)
In addition to the otherwise required number of parking spaces specified by § 195-418 of this chapter, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the methadone treatment facility.
(f)
Each building or portion thereof proposed for use as a methadone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone treatment facility. Such separate and distinct entrance shall face State Route 22. Access to the methadone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.
(22)
Neighborhood service: a service use with a GFA of less than 3,000 square feet. Neighborhood service includes such uses as those listed in Table 3.04, Typical Service Uses.
(23)
Pawn shop/check cashing establishment: an establishment primarily engaged in the businesses of lending money on the security of pledged goods left in pawn; purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller; or providing cash to patrons for payroll, personal, and bank checks.
(24)
Private club: an establishment that operates for the good of the club's membership for legitimate purposes of mutual benefit, entertainment, fellowship, or lawful convenience. A private club shall reserve its facilities for members and shall have genuinely exclusive membership criteria. A private club shall adhere to its constitution and bylaws, hold regular meetings open to its members, conduct its business through officers who are regularly elected, admit members by written application, investigation and ballot, charge and collect dues from elected members, and maintain records as required by law. The sale of alcohol shall be secondary to the actual reason for the club's existence and be licensed by the Pennsylvania Liquor Control Board. The Township may conduct routine inspections of the premises to ensure the absence of illegal activity on the premises, adequate maintenance of the interior and exterior of the premises, the absence of public disturbance or nuisance, and compliance with the zoning and other applicable regulations. The following use regulations apply:
(a)
All private clubs shall front on and have access to an arterial or collector road.
(b)
All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining road(s). Parking lots shall also be set back a minimum of 50 feet and screened from any lot lines of adjoining residences.
(c)
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.
(25)
Recreational campground: a lodging establishment organized to accommodate five or more separate, designated campsites for shelter in either privately owned or campground-owned lodging. The property may include amenities, such as site-specific electric and sewer hookups, public bathhouses, convenience stores, recreational areas and pools. The campground may permit seasonal sites. Seasonal guests shall not be required to have month-to-month agreements. Approved guests may leave their trailer on the site throughout the year but may not maintain a permanent residence. The term shall not include a recreational vehicle or tent campsite in a Pennsylvania state park facility. The following performance standards shall apply:
(a)
Setback. No camping site shall be located within 100 feet of a public right-of-way or within 100 feet of any property line or within 300 feet of a nonaffiliated residence. No part of any setback shall be used for any other required area for a campground, service buildings, drives or water and sewage facilities which are located aboveground except to contain the required buffer yard.
(c)
Campground. A campground shall have a minimum lot size of five acres. If a campground is being developed on the same parcel as another use, for example a home or agricultural use, the parcel shall have enough acres to delineate the minimum five acres to the campground while reserving the minimum acres required for the existing principal use.
(d)
Campsites. Individual campsites shall contain a minimum of 2,000 square feet with a minimum width of 40 feet. Each campsite shall provide a clear, level, well-drained, mud-free pad for accommodating trailers and campers. A maximum of 10 campsites per acre is permitted.
(e)
Parking. Parking shall be provided within the campground pursuant to the following requirements.
(f)
Streets and roads. Each camping site shall front upon an approved street or road.
[1]
One-way streets and roads with camping site parking shall have an improved surface of no less than 12 feet.
[2]
Two-way streets and roads with camping site parking shall have an improved surface of no less than 20 feet.
[3]
One-way streets and roads with on-street parking on one side shall have a paved surface of no less than 20 feet, and 28 feet for parking on both sides.
[4]
Two-way streets and roads with on-street parking shall have an improved surface of no less than 28 feet for one-side parking, and 36 feet for both-side parking.
[5]
Streets and roads shall be graded to provide drainage from the road surface. Drains and culverts shall be provided as necessary to maintain proper drainage.
(26)
Self-storage facility: any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes.
(a)
Minimum lot area shall be not less than one acre.
(b)
At least 40 feet of clear, unobstructed driveway depth shall be provided from the road to the primary access gate or principal entry point of the facility.
(c)
Interior drive aisle widths shall not be less than 25 feet.
(d)
Buildings shall be designed and located so that overhead doors and the interior driveways within such facilities are not visible from the adjacent public right-of-way. This provision does not apply to overhead doors that are within an enclosed self-storage building and that are visible only through windows of the building.
(e)
No door openings for any storage unit shall be visible at ground level from any residentially zoned property or residential use.
(f)
All fences or walls visible from the public right-of-way shall be constructed of decorative building materials, such as slump stone masonry, concrete block, wrought iron, or other similar materials.
(g)
Boats, campers, recreational vehicles, and travel trailers may be stored outside of an enclosed building, but only in an area designated for such outside storage on an approved site plan and not visible from the public right-of-way or adjacent property when viewed from the ground level.
(h)
The following uses are prohibited, and all self-storage facilities' rental and/or use contracts shall specifically prohibit the same:
[1]
Residential use and/or occupancy.
[2]
Bulk storage of flammable, combustible, explosive, or hazardous materials. Nothing in this article is meant to prohibit the storage of motor vehicles, motor craft, or equipment that contains a normal supply of such fuels for their operation.
[3]
Repair, construction, reconstruction, or fabrication of any item, including but not limited to, any boats, engines, motor vehicles, lawn mowers, appliances, bicycles, or furniture.
[4]
Auctions, except as provided for the in Self-Service Storage Facility Act (Act of Dec. 20, 1982, P.L. 1404, No. 325),[4] commercial wholesale or retail sales not related to the storage activity on the premises or garage sales. Retail sales of supplies associated with the rental of storage units and/or rental of vehicles shall be permitted, such as boxes, packing tape, locks, and similar items.
[4]
Editor' Note: See 73 P.S. § 1901 et seq.
[5]
The operation of power tools, spray-painting equipment, compressors, welding equipment, kilns, or other similar tools or equipment.
[6]
Any business activity within the storage units.
(i)
On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. Eastern standard time. Contact information for management during the remaining hours of the day shall be prominently posted on the premises.
(j)
The maximum size for any storage unit shall be 20 feet by 40 feet for a total maximum of 800 square feet.
(27)
Smoking places: establishments for which the sale of tobacco products for on-site consumption yields at least 75% of gross revenues, including such uses as hookah lounges.
(28)
Tattoo/piercing parlor: establishments primarily in the business of applying lettering, art, and other images with permanent and semi-permanent inks, paints, pigments, or piercings to the body of patrons. The following use regulations apply:
(a)
Proximity to certain uses. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for an adult establishment if any part of such building or premises is situated on any part of a lot within a 250-foot radius in any direction of any building or structure used for, or upon which is located any building or structure used for any household living use; religious institution, medical clinic, medical office, hospital, school, facility attended by persons under the age of 18 (including but not limited to school programs, children's museums, camps, and athletic leagues), park, or other adult establishment.
F.
Adult uses.
(1)
Adult establishments: shall be defined as any of the following:
(a)
Any commercial establishment, including but not limited to adult bookstores, adult motion-picture theaters, adult mini motion-picture theaters, adult entertainment cabaret, or other adult entertainment establishments, in which is offered for sale as 10% or more of its stock-in-trade video cassettes, movies, books, magazines, or other periodicals or other media which are distinguished or characterized by their emphasis on nudity or sexual conduct or activities which if presented in live presentation would constitute adult entertainment.
[1]
Adult bookstore: an establishment having as a substantial or significant portion of its stock-in-trade motion pictures, video recordings, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to obscene activities for observation by patrons thereof or an establishment with a segment or section devoted to the sale, rental or display of such material.
[2]
Adult cabaret: a nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specific anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by any emphasis upon the depiction or description of specified activities or anatomical areas.
[3]
Adult mini motion-picture-theater: an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.
[4]
Adult motion-picture theater: an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to obscene activities for observation by patrons therein.
(b)
Any commercial establishment that offers for a consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(c)
Any commercial establishment that offers for consideration activities between male and female persons and/or persons of the same sex when one or more persons are nude or seminude.
(d)
Any commercial establishment that offers for a consideration nude human modeling.
(2)
Proximity to certain uses. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for an adult establishment if any part of such building or premises is situated on any part of a lot within a 500-foot radius in any direction of any lot used for, or upon which is located any building used for any residential use; houses of worship, medical clinic, medical office, hospital, school, facility attended by persons under the age of 18 (including but not limited to school programs, children's museums, camps, and athletic leagues), park, or other adult establishment.
(3)
The additional use regulations apply to all adult establishments:
(a)
No more than 5% of the lot may be covered by buildings or accessory buildings.
(b)
A buffer yard shall be provided.
(c)
A single unlighted sign, not more than 20 square feet in size, shall be provided and shall face the street, set back not less than 50 feet from the right-of-way line of the street. The sign message shall be limited to verbal descriptions of material and services available on the premises. Sign messages shall not include any graphic or pictorial description of material or services available on the premises.
(d)
Parking shall be provided for not less than one motor vehicle per 200 square feet of the GFA of the building.
(e)
The lot of such business shall not be located within 500 feet of any residential use or residential zoning district.
(f)
No material, merchandise, film or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure or that can be seen from the exterior of the building.
(g)
Any building or structure used and occupied as an adult regulated facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service, or entertainment is exhibited or displayed.
(h)
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered therein.
(i)
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult regulated facility restricting persons under the age of 18 from entrance.
(j)
No unlawful sexual activity or conduct shall be performed or permitted.
(k)
Prohibited activities: any use or activity prohibited by § 5903 of the Pennsylvania Crimes Codes as amended and further defining the offense of obscenity, redefining obscene and further providing for injunctions
(l)
No adult-related use may change to another adult-related use, except upon conditional use approval.
(m)
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
(n)
No more than one adult-related use may be located within one building.
G.
Employment uses: a category of uses for businesses involving activities that may not be associated with walk-in customers.
(1)
Office uses: a category of uses for businesses that involve the transaction of affairs and/or the training of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers. Office uses include those listed in Table 3.05, Typical Employment Uses.
(2)
Craftsman industrial: a use that includes a showroom or small retail outlet and production space, and involves small-scale production, assembly, and/or repair with no noxious by-products. Craftsman industrial includes such uses as those found in Table 3.05, Typical Employment Uses. This use may also include associated facilities, such as offices and small-scale warehousing, but distribution is limited as determined by the Zoning Officer.
Table 3.05 Typical Employment Uses | |
|---|---|
Typical Office Uses | Typical Craftsman Industrial Uses |
Architecture/engineering/design | Agricultural growing, such as aquaculture |
Broadcasting, recording, and sound studio | Apparel and finished fabric products |
Business consulting | Beverages, including beer, wine, soft drinks, coffee, liquor |
Construction trade and contractor (office only) | Botanical products |
Charitable institutions | Brooms and brushes |
Computer programming and support | Canning and preserving food |
Data processing | Commercial-scale copying and printing |
Detective services | Cut stone and cast stone |
Educational services (tutor and testing) | Electronics assembly |
Employment agency | Electrical fixtures |
Financial and insurance | Engraving |
Government offices and facilities | Fabricated metal products |
Laboratories, medical, dental, optical | Filmmaking |
Legal services | Firearms and ammunition |
Management services | Furniture and fixtures |
Medical and dental offices (other than in hospitals or on a hospital campus, and other than clinics) | Glass |
News agency | Household textiles |
Physical therapy/physical rehabilitation | Ice |
Public relations and advertising | Jewelry, watches, clocks, and leather products (no tanning) |
Property development | Meat and fish products, no processing |
Real estate and apartment finders | Musical instruments and articles |
Research and development | Pottery, ceramics, and related products |
Research agency | Printing, publishing and allied industries |
Support offices for other uses | Shoes and boots |
Surveying | Signs and advertising |
Trade schools | Silverware |
Training center | Smithing |
Taxidermy (with incidental tanning) | |
Textile, fabric, cloth | |
Toys and athletic goods | |
Upholstery | |
Woodworking | |
H.
Infrastructure uses: a category of uses for the provision of public and private infrastructure to support other uses. Infrastructure uses typically do not include a principal building meeting the building type requirements. Accessory structures may be included.
(1)
Parking as a principal use: a lot or building that is primarily used for the exclusive parking of vehicles. The following supplemental use regulations apply:
(2)
Principal solar energy system (PSES): an area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures. The following use regulations apply:
(a)
Regulations applicable to all principal solar energy systems.
[1]
A PSES shall only be permitted by conditional use in the RA and LIC Zoning Districts.
[2]
The PSES shall meet all the requirements listed for an ASES in § 195-306B(2).
[3]
A noise study shall be performed and included in the application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 50 dBA, as measured at the property line.
[4]
The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.
[5]
Decommissioning.
[a]
The PSES owner and/or operator is required to notify the Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.
[b]
The PSES owner and/or operator shall then have 12 months in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities, from the property. If the owner fails to dismantle and/or remove the PSES within the established time frames, the municipality shall complete the decommissioning at the owner's expense with the financial security posted.
[c]
At the time of issuance of the permit for the construction of the PSES, the owner and/or operator shall provide financial security in the form and amount acceptable to the Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original. The financial security amount shall be based on a cost estimate provided by the owner that is reviewed and approved by the Township Engineer.
[6]
Land development plan.
[a]
The PSES shall comply with the preliminary/final land development application and approval requirements of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover. The installation of PSES shall comply with all applicable permit requirements, codes, and regulations.
[b]
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit as needed to keep the PSES in good repair and operating condition.
(b)
Ground-mounted principal solar energy systems.
[1]
Minimum lot size: one acre.
[2]
Setbacks. The PSES shall comply with the setbacks of the underlying zoning districts for principal structures.
[3]
Height. Ground-mounted PSES shall not exceed 20 feet in height.
[4]
Impervious coverage. The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:
[5]
Ground-mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 195-403 of this chapter.
[6]
Security.
[a]
All ground-mounted PSES shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
[b]
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
[7]
Access.
[b]
A minimum twenty-foot-wide cartway shall be provided between the solar arrays to allow access for maintenance vehicles and emergency management vehicles, including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.
[8]
The ground-mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.
(c)
Roof- and wall-mounted principal solar energy systems.
[1]
For roof- and wall-mounted systems, the PSES owner and/or operator shall provide evidence that the plans comply with the Uniform Construction Code, Chapter 88 of the Code of the Township of West Hanover, and that the roof or wall is capable of holding the load imposed on the structure.
[2]
A PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.
(3)
Principal wind energy systems. A principal wind energy system (PWES) as defined in Article 6 that is designed as the primary use on a lot, wherein the power generated is used primarily for off-site consumption.
(a)
Design and installation.
[1]
A PWES shall only be permitted by conditional use in the C Zoning District and is prohibited in all other zoning districts. Applications for such uses shall be subject to the requirements set forth below, as well as all other applicable state or federal regulations.
[2]
The layout, design, and installation of a PWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with all applicable building and electrical codes of the Township. The manufacturer specifications shall be submitted as part of the application.
[3]
Applicants shall submit a land development plan which shall be compliant with all the requirements of Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
[4]
The applicant shall provide sufficient documentation showing that the PWES shall comply with all applicable requirements of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation's (PennDOT) Bureau of Aviation (BOA).
[5]
The PWES shall provide West Hanover Township written confirmation that the public utility company to which the PWES shall be connected has been informed of the intent to install a grid-connected system and approved of such connection.
[6]
Visual appearance.
[a]
All on-site utility, transmission lines, and cables shall be placed underground.
[b]
The PWES shall be painted a nonreflective, flat color, such as white, off white, or gray unless required to be colored differently by FAA or PennDOT Bureau of Aviation regulations.
[c]
The PWES shall not be artificially lighted, except to the extent require by the Federal Aviation Administration or other applicable authority.
[d]
The display of advertising is prohibited except for identification of the manufacturer of the system, facility owner and operator.
[e]
Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation, and maintenance of the PWES.
[7]
Warnings and safety measures.
[a]
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
[b]
All access doors to a PWES, including electrical equipment, out buildings and all appurtenances thereto, shall be locked or fenced to prevent entry by nonauthorized personnel.
[c]
The PWES shall not be climbable up to 15 feet above the ground surface or the climbing apparatus shall be fully contained and locked within the tower structure.
[d]
Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
[e]
The applicant shall provide a copy of the project summary and site plan to local emergency services, including the West Hanover Township Fire Marshal.
[f]
The PWES facility owner and/or operator shall abide by all applicable local, state and federal fire code and emergency guidelines. The facility owner and/or operator shall provide emergency services with a response plan.
(b)
Zoning requirements. Unless otherwise stated, the following zoning standards apply to PWES uses, and such standards shall prevail within the C Zoning Districts.
[1]
Lot size. The PWES shall be separated from each other by a minimum of 1.1 times the total height of the highest wind turbine.
[2]
Setbacks.
[a]
The PWES shall be set back from the nearest property line a distance of not less than the normal setback requirements for the zoning district or its total height, whichever is greater.
[b]
The PWES shall be set back from a building on a nonparticipating landowner's property not less than 1.5 times its total height measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
[c]
The PWES shall be set back from a building on a participating landowner's property not less than its total height measured from the center of the wind turbine base to the nearest point of foundation of the occupied building. Any operator/occupied buildings used in connection with the development are exempt from this distance limit.
[d]
The PWES shall be set back from the nearest public road right-of-way a distance of not less than 1.5 times its total height measured from the center of the wind turbine base to the nearest right-of-way line of the public road.
[e]
Each PWES shall be set back from above-ground electric power lines, public telephone lines and television cable lines a distance of no less than 1.1 times its total height. The setback distance shall be measured from the center of the wind turbine generator base to the nearest point of such lines.
[f]
All PWES shall be setback from any ridge a distance of not less than the wind turbine's total height. For this provision, "ridge" shall be defined as the elongated crest or series of crests at the uppermost point of intersection between opposite slopes of a mountain and including all land lying between such point and an elevation 250 feet below the elevation of such point.
[g]
The PWES shall be set back at least 2,500 feet from important bird areas as identified by Pennsylvania Audubon and at least 500 feet from identified wetlands.
[h]
Each wind turbine shall be set back from the Appalachian Trail and any historic structure, district, site or resource listed in the state inventory of historic places maintained by the Pennsylvania Historical and Museum Commission a distance no less than 2,500 feet. The setback distance shall be measured from the center of the wind turbine generator base to the nearest point on the foundation of an historic building, structure or resource, or the nearest property line of an historic district or site or the Appalachian Trail.
[i]
Accessory buildings, structures, and related equipment to the PWES shall comply with the building setback requirements of the underlying zoning districts.
[4]
A PWES shall not be located on a lot of record containing slopes equal to or exceeding 25% on 50% or more of the lot of record. This standard shall apply to each lot where a PWES extends across multiple lots of record.
(c)
Operational standards.
[1]
Use of public roads.
[a]
The applicant shall identify all state and local public roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the PWES.
[b]
The Township Engineer shall document public road conditions prior to construction of a PWES. The Engineer shall document road conditions within 30 days after construction of the permitted project is complete, or as soon thereafter as weather may allow.
[c]
Any road damage caused by the applicant, facility owner, operator, or contractors shall be promptly repaired to the Township's satisfaction at the expense of the applicant and/or facility owner.
[d]
Every effort should be made to use existing roads and logging roads. New deforestation and forest fragmentation should be kept to a minimum.
[2]
Noise.
[a]
Audible sound from a PWES shall not exceed 55 dBA, as measured at the property line between participating and nonparticipating landowners.
[b]
Noise limits may be exceeded during short-term events such as utility outages and/or severe windstorms.
[c]
Methods for measuring and reporting acoustic emissions from a PWES shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association (AWEA) Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier," as amended.
[3]
A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
[4]
Shadow flicker.
[a]
The PWES shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
[b]
The PWES shall be designed in such a manner as to minimize shadow flicker on a roadway.
[c]
The facility owner and operator shall conduct, at the applicant's expense, a modeling study demonstrating that shadow flicker shall not occur on any occupied building on a nonparticipating property.
[5]
Public inquiries and complaints.
[a]
The PWES facility owner and/or operator shall maintain a phone number that is posted on-site of the PWES facility and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
[b]
The PWES facility owner and/or operator shall respond to the public's inquiries and complaints.
[6]
The PWES facility owner and/or operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. A certificate of insurance shall be made available to the Township upon request.
[7]
Decommissioning.
[a]
The PWES facility owner and/or operator shall, at their expense, complete decommissioning of the PWES and all related improvements within 12 months of the date when the use of the particular PWES has been discontinued or abandoned by the facility owner and/or operator, or upon termination of the useful life of same. The PWES shall be presumed to be discontinued or abandoned if no electricity is generated by such a PWES for a continuous period of 12 months.
[b]
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
[c]
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
[d]
An independent and certified professional engineer shall be retained to estimate the cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.
[e]
The PWES facility owner and/or operator shall post and maintain decommissioning funds in an amount of 110% of the identified decommissioning costs, as adjusted over time. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by the Township.
[f]
Decommissioning funds may be in form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.
[g]
If the PWES facility owner and/or operator fails to complete decommissioning within the period prescribed above, then the landowner shall have six months to complete the decommissioning.
[h]
If neither the PWES facility owner and/or operator, nor the landowner complete decommissioning within the periods described above, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
[i]
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.
(d)
Application requirements.
[1]
A conditional use application for a PWES shall include the following:
[a]
A narrative describing the proposed the PWES, including an overview of the project, the project location, the approximate generating capacity of the PWES, the approximate number, representative types and height or range of heights of the PWES to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
[b]
An affidavit or similar evidence of agreement between the landowner and the PWES facility owner and/or operator demonstrating that the owner and/or operator has the permission of the property owner to apply for necessary permits for construction and the operation of the PWES and setting forth the applicant's and property owner's name, address and phone number.
[c]
Identification of the properties on which the proposed a PWES shall be located, and the properties adjacent to where the PWES shall be located.
[d]
A site plan showing the planned location of each PWES, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the PWES to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback.
[e]
A decommissioning plan sufficient to demonstrate compliance with Subsection H(3)(c)[7] above.
[f]
A wind resource study shall be submitted documenting wind resources at the site. The study shall include but is not limited to data showing average wind speeds capable of generating electricity and the available capacity to transmit the electricity into the power grid.
[g]
A noise study in accordance with Subsection H(3)(c)[2] above.
[h]
A shadow flicker study in accordance with Subsection H(3)(c)[4] above.
[i]
Other relevant studies, reports, certifications and approvals as required by this chapter or as may be requested by the Township to ensure compliance with this chapter.
[2]
Throughout the permit process, the applicant shall promptly notify the Township of any changes to the information contained in the conditional use/special exception permit application. Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.
(4)
Public utilities: any person or corporations owning or operating equipment or facilities as defined under 66 Pa.C.S.A., Public Utilities.
(5)
Transit bus stops: uses include both sheltered and nonsheltered infrastructure facilities that provide passengers safe access to both fixed-route and demand responsive public transportation services. The following use regulations apply:
(a)
Bus stop infrastructure, including ADA loading pads, bus passenger benches, and bus shelters, as well as bus stop location signs and bus stop passenger information signs, shall be permitted by right in all zoning districts and shall be considered an accessory use/structure that can stand alone without the accompanying principal use.
(b)
Bus stop infrastructure shall be exempt from minimum lot size, open space, yard, and setback requirements of the governing zoning district(s).
(c)
The location and design of the bus stop infrastructure shall be reviewed and approved by the applicable transit agency and the Township. The transit agency shall provide written documentation certifying that a location is an existing or potential future bus stop.
(d)
Whenever an ADA loading pad, bench for a bus stop, and/or bus shelter is provided, the applicable off-street parking requirements for the lot's principal use may be reduced by one or more vehicular parking space(s) for each bus stop location.
(6)
Transit facilities: uses that include public transportation operations, maintenance, and storage facilities.
(7)
Transportation and utilities: a use that is primarily utilized for the public infrastructure needs and services. Transportation and utilities include such uses as street rights-of-way, rail rights-of-way, public transportation services, electric or gas services, sewage treatment, water treatment and storage, pumping stations, transmission and receiving stations, and energy conversion systems.
(8)
Wireless communications facilities (WCF). An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
(a)
Purpose. The purpose of these standards is to govern the use, construction, and location of wireless communications facilities in recognition of the nature of wireless communications systems and the Federal Telecommunications Act. These regulations are intended to:
[1]
Accommodate the need for wireless communications facilities to ensure the provision for necessary services while preserving the character of the Township;
[2]
Minimize the adverse visual effects and the number of such facilities through proper design, locating, screening, material, color, and finish and by requiring that competing providers of wireless communications services collocate their telecommunication and wireless communications antennas and related facilities;
[3]
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other WCFs;
[4]
Ensure the structural integrity of wireless communications facilities through compliance with applicable industry standards and regulations; and
[5]
Promote the health, safety, and welfare of the residents and property owners within West Hanover Township.
(b)
Regulations applicable to all wireless communications facilities. The following regulations shall apply to all wireless communications facilities (WCFs).
[1]
Wireless communications facilities shall be permitted within West Hanover Township as follows:
[a]
Tower-based wireless communications facilities shall be permitted as specified in Table 3.01, provided that the proposed wireless communications facilities comply with the applicable requirements of this article and generally applicable permitting as required by the Code of the Township of West Hanover.
[b]
Small wireless communications facilities inside the public rights-of-way shall be permitted as specified in Table 3.01, provided that the proposed wireless communications facilities comply with the applicable requirements of this article and generally applicable permitting as required by this chapter.
[c]
Small wireless communications facilities outside the public rights-of-way shall be permitted as specified in Table 3.01, subject to the requirements of this article and generally applicable permitting as required by this chapter.
[2]
Standard of care. All WCFs shall meet all applicable standards and provisions of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Township.
[3]
Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer licensed in the Commonwealth of Pennsylvania.
[4]
Eligible facilities requests. WCF applicants proposing the modification or replacement of an existing WCF shall be required only to obtain a zoning permit from the Township Zoning Officer. In order to be considered for such a permit, the WCF applicant shall submit a permit application to the Township Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification or replacement constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure and certify that such changes are in compliance with the requirements of 47 CFR 1.6100.
[5]
Substantial change. Any substantial change to a WCF shall be treated as an application for a new WCF in accordance with the Code of the Township of West Hanover. Substantial change shall be defined according to Section 6409(a) of the Spectrum Act, also known as the "Middle Class Tax Relief and Job Creation Act of 2012."
[6]
Aviation safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[7]
Public safety communications. WCFs shall not interfere with public safety communications, or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
[8]
Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.
[9]
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Township of West Hanover, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only as permitted by the Township.
[10]
Nonconforming wireless support structures. WCFs shall be permitted to collocate upon existing nonconforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.
[11]
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 WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township Fee Schedule.
[12]
Indemnification. Each person that owns or operates a WCF 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 WCF. Each person that owns or operates a WCF 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 a WCF. 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.
[13]
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this article.
[14]
Abandonment. In the event that the use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
[a]
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township unless a time extension is approved by the Township.
[b]
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site or receipt of notice that the WCF has been deemed abandoned by the Township, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
[15]
Maintenance. The following maintenance requirements shall apply:
[a]
Structures and facilities deployed by a wireless provider shall be constructed, maintained and located in a manner so as not to obstruct, endanger or hinder the usual travel or public safety on a right-of-way, damage or interfere with other utility facilities located within a right-of-way or interfere with the other utility's use of the utility's facilities located or to be located within the right-of-way.
[b]
The construction and maintenance of structures and facilities by the wireless provider shall comply with the 2017 National Electrical Safety Code and all applicable laws, ordinances and regulations for the protection of underground and overhead utility facilities.
[c]
An applicant or the applicant's affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair or maintenance work on a small wireless facility deployed meets and attests to all of the following requirements:
[i]
Maintain all valid licenses, registrations or certificates required by the federal government, the commonwealth or a local government entity that is necessary to do business or perform applicable work.
[ii]
Maintain compliance with the Workers' Compensation Act, 77 P.S. § 1, et seq., the Unemployment Compensation Law, 43 P.S. § 751, et seq., and bonding and liability insurance requirements as specified in the contract for the project.
[iii]
Has not defaulted on a project, declared bankruptcy, been debarred or suspended on a project by the federal government, the commonwealth or a local government entity within the previous three years.
[iv]
Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years.
[v]
Has completed a minimum of the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.
(c)
Small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:
[1]
Application requirements.
[a]
Small WCFs inside the public rights-of-way are a permitted use in all Township zoning districts, subject to the requirements of this article and generally applicable permitting as required by the Code of the Township of West Hanover. Applications for small WCFs shall be submitted to the Township Zoning Officer.
[b]
Small WCFs outside the public rights-of-way are permitted by right in all Township zoning districts except residential zoning districts, subject to the requirements of this article and generally applicable permitting as required by the Code of the Township of West Hanover. Applications for small WCFs shall be submitted to the Township Zoning Officer.
[c]
An application for a small WCF shall include the following:
[i]
Documentation that includes construction and engineering drawings demonstrating compliance with the requirements of this article;
[ii]
Self-certification that the filing and approval of the application is required by the WCF applicant to provide additional capacity or coverage for wireless services;
[iii]
Documentation demonstrating compliance with the requirements of the Small Wireless Communications Facility Design Manual and a completed Small Wireless Communications Facility Design Checklist;
[iv]
If the small WCF shall require the installation of a new wireless support structure, documentation showing that the WCF applicant has made a good faith determination that it cannot meet the service reliability and functional objectives of the application by collocating on an existing wireless support structure. Such determination shall be based on whether the WCF applicant can meet the service objectives of the application by collocating on an existing wireless support structure on which:
[v]
Documentation showing that the small WCF does not materially interfere with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101 - 336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement; and
[vi]
A report prepared by a professional engineer which shows that the small WCF shall comply with all applicable FCC regulations, including but not limited to those relating to radio frequency emissions.
[2]
Applications not required. The Township shall not require an application for:
[a]
Routine maintenance or repair work;
[b]
The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as a small WCF; or
[c]
The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a WCF applicant that is authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.
[3]
Location and development standards.
[a]
All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act and all Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover requirements applicable to streets and sidewalks.
[b]
No small WCF shall be located on a private lot in a residential district or on any single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any other residential structure.
[c]
All small WCFs shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way.
[4]
Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Department of Zoning and Planning.
[5]
Time, place, and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all small WCF in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations.
[6]
Private property. If a small WCF is to be located outside of the public right-of-way, or if any part of a small WCF located in the public right-of-way shall encroach upon private property, the WCF applicant shall provide the Township Zoning Officer with evidence that the owner of such private property has granted permission for the construction of the small WCF.
[7]
Minimum setbacks. The minimum distance between the base of a small WCF, located outside of the public right-of-way, that requires the installation of a new wireless support structure and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the small WCF.
[8]
Historic buildings. No small WCF may be located within 100 feet of any property or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Township.
[9]
Third-party property. Where a small WCF is proposed for collocation on a wireless support structure, located on private property, or other property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Zoning Officer that the owner of the wireless support structure has authorized construction of the proposed small WCF.
[10]
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 30 days of notification by the Township.
[11]
Timing of approval.
[a]
Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application.
[b]
Within 60 days of receipt of an application for collocation of a small WCF on a preexisting wireless support structure, and subject to applicable tolling procedures as established by federal law, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[c]
Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, and subject to applicable tolling procedures as established by federal law, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[d]
If the Township denies an application for a small WCF, the Township shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Code of the Township of West Hanover on which the denial was based, within five business days of the denial.
[e]
The WCF applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review.
[12]
Consolidated application.
[a]
A WCF applicant may submit a consolidated application for collocation of multiple small WCFs. The consolidated application shall not exceed 20 small WCFs.
[b]
A WCF applicant may not submit more than one consolidated application in a single thirty-day period.
[c]
If a WCF applicant submits more than one consolidated application in a forty-five-day period, the applicable processing deadline shall be extended 15 days in addition to the processing deadline specified in Subsection H(8)(c)[11] above.
[13]
Repair and restoration.
[a]
The WCF applicant shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the WCF applicant or the WCF applicant's contractors and return the right-of-way to as good a condition as existed prior to any work being done in the right-of-way by the WCF applicant or the WCF applicant's contractors.
[b]
If the WCF applicant fails to make the repairs required by the Township within 30 days after written notice, the Township may perform those repairs and charge the WCF applicant the reasonable, documented cost of the repairs plus a penalty of $500.
[c]
The Township may suspend the ability of the WCF applicant to receive new permits until the WCF applicant has paid the amount assessed for the repair costs and the assessed penalty.
[14]
Relocation or removal of facilities.
[a]
Within 60 days of suspension or revocation of a permit due to noncompliance with the requirements of the Code of the Township of West Hanover, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support structure, if the WCF applicant's WCF(s) are the only facilities on the wireless support structure.
[b]
Within 90 days of the end of a permit term, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support structure, if the WCF applicant's WCF(s) are the only facilities on the wireless support structure.
[c]
Following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, the WCF applicant shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance, or installation of any Township or other public improvement in the right-of-way;
[ii]
The operations of the Township or other governmental entity in the right-of-way;
[iii]
Vacation of a street or road or the release of a utility easement; or
[iv]
An emergency as determined by the Township.
[15]
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the right to fix annually a fair and reasonable fee as stipulated in the Township's adopted Fee Schedule to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other right-of-way management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(d)
Tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities.
[2]
Special exception required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this article.
[a]
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via first class mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of the scheduled public hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board along with the list of return receipts received.
[b]
The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
[c]
The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[d]
The special exception application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Zoning Hearing Board's decision on an application for approval of a tower-based WCF.
[e]
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the special exception application shall include evidence to the Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and any vehicular access that shall be provided to the facility.
[f]
The special exception application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF'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.
[g]
The special exception application shall include evidence demonstrating that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a 1,000-foot radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers, and was denied for one of the following reasons:
[i]
The proposed WCF would exceed the structural capacity of the existing building, structure, or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[ii]
The WCF would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.
[iii]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[iv]
A reasonable agreement could not be reached with the owner of such building, structure, or tower.
[h]
The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.
[3]
Development regulations.
[a]
Tower-based WCFs shall not be located in or within 75 feet of an area in which all utilities are located underground.
[b]
Sole use on a lot. A tower-based WCF may be permitted as the sole use on a lot, provided that the tower-based WCF and underlying lot comply with all applicable requirements of this chapter.
[c]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, except residential, subject to the following conditions:
[i]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.
[ii]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and accessory equipment, any guy wires, the equipment building, security fence, and applicable screening.
[4]
Design regulations.
[a]
Anti-climbing device. A tower-based WCF shall be equipped with an anti-climbing device, as approved by the manufacturer.
[b]
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the tower-based WCF. The underlying lot shall be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a telecommunications tower.
[c]
Surrounding environs. The WCF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WCF structure shall be preserved.
[d]
Fence/screen.
[i]
A security fence with a maximum height of eight feet, with openings no greater than four inches, shall completely surround any tower-based WCF, as well as guy wires or any building housing accessory equipment.
[e]
Accessory equipment.
[i]
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in a residential use.
[ii]
Accessory equipment associated with a tower-based WCF shall be placed underground or screened from public view. All ground-mounted accessory equipment, utility buildings, and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures, or landscape.
[iii]
Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing antenna space on the tower-based WCF.
[5]
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it shall allow other service providers to collocate WCFs on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this article.
[6]
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[7]
Signs. All tower-based WCFs 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 WCF shall be those required by the FCC or any other federal or state agency.
[8]
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
[9]
Storage. The storage of unused equipment, materials, or supplies is prohibited on any tower-based WCF site.
[10]
Repair of nonconforming tower-based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but shall otherwise comply with the terms and conditions of this article. The collocation of antennas is permitted on nonconforming structures.
[11]
Insurance. Each person that owns or operates a tower-based WCF shall provide the Township Zoning Officer 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 WCF.
I.
Industrial uses: a category of uses for businesses involving assembly, production, storing, transferring and disposal of goods or products, and which may also include associated facilities such as offices, maintenance facilities, and fuel pumps and both indoor and outdoor activities and storage of goods. All outdoor storage associated with industrial uses shall adhere to the outdoor storage yard provisions specified below.
(1)
Light industry: a use involving the production of goods from raw materials or the assembly of finished products that can result in limited negative external effects, noise, and other non-noxious by-products. Light manufacturing uses include all craftsman industrial uses specified under Subsection G and those uses identified in Table 3.06, Typical Industrial Use Categories. These uses have less than 1,000,000 square feet of floor area. The following supplemental use regulations apply:
Table 3.06 Typical Industrial Uses | |
|---|---|
Typical Light Industrial Uses | Typical Warehousing/Distribution Uses |
Any craftsman industrial use with or without retail outlet and with significant distribution | Exterminating and disinfecting service |
Agricultural processing, unless otherwise listed | Food distribution facility, with or without public market |
Aircraft assembly and testing | Freight forwarding service |
Apparel, finished products from fabric | Fuel distribution |
Automobile, truck, boat, recreational vehicle and trailer manufacturing | Mail and parcel sorting and distribution |
Bicycle manufacturing | Mail order house and warehousing |
Biomaterials | Newspaper distribution facilities |
Contractor: landscape and construction manufacturing | Packing and crating |
Cotton wadding | Petroleum bulk station |
Electrical fixtures | RV and large equipment storage yard |
Electronic/electrical equipment/component | Recycling center (collection and sort) |
Engines and motors manufacturing/rebuilding | Tow or impound lot |
Lasers and optics | Truck terminal or parking facilities |
Laundering, dry cleaning, dyeing | Vehicle staging and storage (ambulance, bus, limousine, livery, taxi, etc.) |
Lumber mill | Warehousing and storage (refrigeration or general) |
Machinery manufacturing | Water distribution |
Medical equipment manufacturing | Wholesale trade of goods |
Metal products manufacturing | |
Mobile/manufactured homes manufacturing | |
Motor testing | |
Personal storage | |
Pharmaceuticals | |
Plumbing and heating products | |
Printing, publishing and allied industries | |
Stone cutting and distribution | |
Tool and die shop | |
(a)
Additional application information. The Zoning Officer may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.
(b)
Airport: a principal use where aircraft are stored, maintained, repaired, and refueled, and where aircraft take off and land. Airports may also include other accessory accommodations for aircraft passengers, cargo, or both. The following use regulations apply:
[1]
Minimum lot area: 50 acres.
[2]
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
[3]
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
[4]
No part of the take-off/landing strip and/or pad shall be located nearer than 1,500 feet from any property line.
(c)
Brewery, distillery, winery: a facility for the production, packaging and sampling of alcoholic beverages, including beer, wine, cider, mead and distilled liquors for retail or wholesale distribution, for sale or consumption on- or off-premises, and which produces 100,000 gallons or more of such beverages per year. The brewery, distillery, winery shall be licensed by the Pennsylvania Liquor Control Board and any successor agency of the commonwealth. The additional supplemental regulation apply.
[1]
Minimum lot area: five acres.
[2]
A brewery, distillery, winery shall have at least one loading berth, with an additional berth when the GFA exceeds 150,000 square feet.
[3]
The nature of the on-site operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with state and federal regulations.
[4]
Identify any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate negative impacts. The applicant shall provide evidence that the impacts generated by the proposed use fall within acceptable levels regulated by applicable laws and ordinances.
(d)
Heliport: a use where one or more helicopters may land/take off and be stored. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars. The following use regulations apply:
[1]
Minimum lot area: five acres.
[2]
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
[3]
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
[4]
No part of the take-off/landing strip and/or pad shall be located nearer than 1,500 feet from any property line.
(e)
Helistop: a use on a roof or on the ground to accommodate helicopters for the purpose of picking up and discharging passengers or cargo with no service facilities. The following use regulations apply:
[1]
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
[2]
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
[3]
The proposed helistop would not be detrimental to the health, welfare and safety of the Township residents and their property.
[4]
The takeoff and landing pad area shall have a minimum length and width (or diameter if circular) of 1.5 times the overall length of the largest helicopter intended to use the facility. The pad shall be paved, level, and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.
[5]
At least two approach lanes for each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide angle slope of eight to one measured from the outer edge of the pad.
[6]
An application for the helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter shall be supported by the structure.
[7]
The helistop shall be used only for personal or executive use by a firm or individual.
[8]
No helicopter over 6,000 pounds gross weight shall use any helistop.
[9]
The helistop shall be located a minimum of 1,000 feet from any dwelling unit.
[10]
The applicant shall furnish evidence of the obtainment of a license, if required, from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
[11]
It shall be unlawful for any person to land, discharge, load or take off in a helicopter in any place within West Hanover Township other than at a heliport or helistop except:
[a]
In conjunction with a special event, such as an athletic contest, holiday celebration, parade or similar activity, after seven days' advance notice has been given to West Hanover Township and permission obtained to make such landing and takeoff.
[b]
When necessary for police and/or fire training or when necessary for law enforcement purposes and for emergencies.
[c]
In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project.
[d]
Spraying and dusting for agricultural purposes.
(f)
Medical marijuana grower/processor facility: a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana pursuant to Pennsylvania's Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16.[5] The following supplemental use regulations apply:
[1]
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
[2]
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.
[3]
(Reserved)
[4]
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
[5]
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecure exterior refuse containers.
[6]
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
[7]
Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
[8]
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner as not to allow light to be emitted skyward or onto adjoining properties.
[9]
Parking requirements shall follow the parking schedule found in § 195-418, Off-street parking and loading, of this chapter.
[10]
Where a medical marijuana grower/processor adjoins a residential use or district, a buffer yard shall be required pursuant to the requirements of § 195-403 of this chapter.
[11]
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
[12]
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
[13]
Medical marijuana transport vehicle service. In addition to the above requirements, the following regulations shall also apply to medical marijuana transport vehicle services:
[a]
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner as not to allow light to be emitted skyward or onto adjoining properties.
[b]
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
[c]
All accesses must secure the appropriate highway occupancy permit (state or Township).
[d]
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(g)
Outdoor storage yard: a lot used primarily for the outdoor storage of construction equipment parts, materials and supplies, and parking of wheeled construction equipment. This use does include associated on-site offices and indoor storage as an accessory use to the principal use. The following supplemental use regulations apply:
[1]
The outdoor storage yard shall be secured and screened from view of the front lot line. Level 3 screening shall be required pursuant to § 195-403D(1)(c) of this chapter.
[2]
Loose materials shall not be stacked higher than 20 feet.
[3]
Loose materials shall, at a minimum, be stored in a three-sided shelter and shall be covered.
[4]
Materials shall be set back a minimum of five feet from any lot line.
(h)
Yard waste composting facility: a facility at which yard waste and natural wood waste is received and processed to produce compost for off-site use. Retail and wholesale sales of bulk compost, mulch, and earth products shall be permitted as an accessory use to a yard waste composting facility. The term does not include composting by a single-family lot owner for personal use. The following supplemental use regulations apply:
[1]
Minimum lot size: five acres.
[3]
Operations.
[a]
Compliance. A yard waste composting facility shall always be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this article. In the event that any of these provisions are in conflict, then the requirements of the Department of Environmental Protection shall apply.
[b]
Hazardous waste disposal. Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of in a composting facility.
[c]
Management. Each permitted facility must have a certified compost operator on staff. This certification can be the compost specialization certificate from the Professional Recyclers of Pennsylvania (PROP), or other Pennsylvania Department of Environmental Protection-approved certification courses.
[d]
Site maintenance. The entire area shall be kept clean and orderly.
[4]
Site access. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every composting facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(2)
Heavy industry: an industrial use with the potential for significant external effects, including noise, odor, and/or other noxious by-products and may involve frequent commercial vehicle access and outdoor storage of materials or products.
(a)
The following performance standards apply to all heavy industry uses.
[1]
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
[a]
The nature of on-site processing operations, the materials used in the process, the products produced, and the generation and methods of disposal for any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials shall be accomplished in a manner that complies with all applicable state and federal regulations.
[b]
The general scale of the operation in terms of its specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
[c]
Identify any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate negative impacts. The applicant shall furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including but not limited to those in Article 4 of this chapter.
[2]
The Zoning Officer may request additional information to ensure proper evaluation of such application. Such information may include ventilation plans, materials characteristics, drainage plans, waste disposal plans, and chemical disposition plans.
(b)
Automotive dismantler and recycler: any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles, or motor parts, or both. The following performance standards shall apply.
[1]
Minimum lot area shall be 10 acres.
[2]
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high opaque fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned or existing residential properties.
[3]
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.
[4]
All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
[5]
No material may be stored or stacked so that it is visible from adjoining properties and roads.
[6]
The operation shall be licensed pursuant to 67 Pa. Code, Chapter 451, Control of Junkyards and Automotive Dismantlers and Recyclers, and obtain and maintain all applicable permits.
[7]
All junk shall be stored or arranged to permit access to firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
[8]
No oil, grease, tires, gasoline, or other similar material shall be burned at any time.
[9]
Any automotive dismantler and recycler or junkyard shall be maintained in such a manner as to cause no public or private nuisance, not to cause any offensive or noxious sounds or odors, nor to the breeding or harboring of rats, flies, mosquitoes, or other vectors.
[10]
No automotive dismantler and recycler or junkyard shall be located on land with a slope in excess of 5%.
[11]
All junked vehicles shall be emptied of fuel, oil, and other liquids and batteries.
(c)
Junkyards: any outdoor establishment, place of business, or activity which is maintained, used or operated for storing, keeping, buying or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill or scrap metal processor, or for the storage of 10 or more junked vehicles. The performance standards specified under Subsection I(2)(b) (Automotive dismantler and recycler) above shall apply.
(d)
Meat processing establishment: all premises where animals or poultry are slaughtered or otherwise prepared for food purposes, meat and poultry canneries, sausage making, smoking or curing operations and similar places except those places occupied and used for such purposes in the preparation of food for consumption in their own households. It shall not include retail stores if the only processing operation performed in such retail stores is that of preparing for sale the meat and poultry products which have been inspected under the provisions of the Pennsylvania Meat and Poultry Hygiene Law of 1968,[6] except that the Pennsylvania Secretary of Agriculture or duly appointed representative may require inspection in retail establishments when they determine that the character or quantity of processing is such that inspection is necessary to protect the public health. The term "retail" refers to sale to the ultimate consumer. The following use regulations apply:
[1]
All meat processing establishments shall be licensed and operated pursuant to the Pennsylvania Meat and Poultry Hygiene Law of 1968.
[2]
Minimum lot area: five acres.
[3]
Access. Vehicle access shall be provided pursuant to § 195-433, Vehicular access, of the Code of the Township of West Hanover. The subject site shall have access to a collector or arterial road.
[4]
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.
[5]
Holding pens and runways shall be designed according to the recommended standards specified in the International Journal for the Study of Animal Problems' publication titled, "Designs and Specifications for Livestock Handling Equipment in Slaughter Plants" Grandin, T. (1980).
[6]
The applicant shall furnish a working plan for the recovery of escaped animals.
[7]
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall be to immediately identify and appropriately dispatch any obviously ill or injured animals.
[8]
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner to minimize noise levels.
[9]
The loading and unloading of trucks shall be restricted to the hours between 8:00 a.m. and 6:00 p.m.
[10]
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within the R-1, R-2, R-3, and NMU Zoning Districts.
[11]
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened using a Level 3 screening as prescribed under § 195-403D(1)(c) of this chapter.
[12]
Sewer and water lines shall be designed and installed to minimize the potential for leakage and contamination.
[13]
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed in any other manner inconsistent with the facility's Pennsylvania Department of Environmental Protection-issued NPDES permit.
[14]
All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.
[15]
The applicant shall demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations.
[16]
The use shall provide stacking lanes and on-site loading/unloading areas in the rear yard, so that trucks waiting to be loaded/unloaded shall not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.
[6]
Editor's Note: See 31 P.S. § 483.1 et seq.
(e)
Mining and mineral extraction. Mining and mineral extraction and the excavation, extraction, or removal of any mineral resource from the land or ground for any purpose are subject the following performance standards:
[1]
General. A person engaged in, or proposing to engage in, the business of mining and mineral extraction shall be properly licensed by the Pennsylvania Department of Environmental Protection to engage in such business, and each site shall be permitted by the applicable state agency.
[2]
Shall not injure or detract from the lawful existing or permitted use of neighboring properties.
[3]
Shall not adversely affect any public or private water supply source.
[4]
Shall not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township.
[5]
Shall not result in the land area subject to quarrying being placed in a condition which shall prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.
[6]
Shall demonstrate compliance with all applicable state regulations at all times.
[7]
Shall not create any significant damage to the health, safety, welfare, environment of the Township and its residents and property owners.
[8]
Site plan requirements. As a part of each application the applicant shall furnish an accurately surveyed site plan on a scale no less than one inch equals 200 feet, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
[a]
The boundaries of the proposed land affected, together with the drainage area above and below the area.
[b]
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.
[c]
The location of all buildings within 1,000 feet of the property line and the names and addresses of the owners and present occupants.
[d]
The purpose for which each building is used.
[e]
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
[9]
Minimum lot area: 100 acres.
[10]
Fencing. A fence measuring at least eight feet in height shall enclose the area of actual quarrying. If a chain-link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the quarry.
[11]
Setbacks. The following are the required minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses.
[12]
Hours of operation. All mining and mineral extraction operations located shall be limited to the hours of 6:00 a.m. and 7:00 p.m. Eastern standard time, Monday through Saturday.
[13]
Access. Vehicle access shall be provided pursuant to § 195-433, Vehicular access, of the Code of the Township of West Hanover. The subject site shall have access to a collector or arterial road.
[15]
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania's Noncoal Surface Mining Conservation and Reclamation Act, Dec. 19, P.L. 1093, No. 219, as may be amended.[7] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide a written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the Pennsylvania Department of Environmental Protection..
[7]
Editor's Note: 52 P.S. § 3307(c).
[16]
Screening. Screening shall be provided pursuant to the requirements specified under § 195-403D of this chapter.
[17]
Operations progress report. Within 90 days after commencement of mining operations, and each year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all the following:
[a]
The name or number of the operation.
[b]
The location of the operation with reference to the nearest public road.
[c]
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.
[d]
The name and address of the landowner or their duly authorized representative.
[e]
An annual report of the type and quantity of mineral produced.
[f]
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
[g]
A maintenance report for the site that verifies that all required fencing, berming, and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
[h]
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the Pennsylvania Department of Environmental Protection.
[18]
The applicant shall provide a letter indicating that the public or private source shall provide the water needed. The applicant shall submit an analysis of raw water needs from either private or public sources, indicating the quantity of water required. If the water required exceeds 100,000 gallons per day, a permit is needed from the Susquehanna River Basin Commission. In addition, if the facility is to rely upon nonpublic sources of water, a permit is required. A water feasibility study shall be provided to enable the Township to evaluate the impact of the proposed construction on the groundwater supply and on existing wells. The purpose of the study shall be to determine if there is an adequate supply of water for the proposed construction and to estimate the impact of the new construction on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed construction, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed construction, shall not be approved by the municipality. A water feasibility study shall include the following information:
[a]
Calculations of the projected water needs.
[b]
A geologic map of the area with a radius of at least one mile from the site.
[c]
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.
[d]
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
[e]
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
[f]
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.
[g]
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
(f)
Solid waste disposal facility: a facility using land for disposing or processing of municipal waste. "Waste" means a heavy industrial use involving the sorting, storage and disposal of goods and by-products. Facilities may have disposal plans, and chemical disposition plans. The facility includes land affected during the lifetime of operations, including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The following performance standards shall apply:
[1]
Such facility shall be established and operated in accordance with the applicable requirements of all state and federal codes, acts, rules and regulations, as amended, and all state and federal regulating bodies and agencies. The applicant shall demonstrate compliance through a written statement and continue to comply with all applicable state and federal standards and regulation.
[2]
A minimum lot area of 25 acres is required.
[3]
No facility shall be located within 500 feet of any street or property line and shall be screened using Level 3 screening pursuant to § 195-403D of this chapter.
[4]
The lot shall have direct access to an arterial roadway pursuant to Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover or a road having adequate structural and geometrical characteristics, as determined by the Township Engineer, to handle the anticipated future truck traffic.
[5]
All uses shall provide adequate lanes into the facility, so that vehicles waiting to be weighed shall not back up onto public roads.
[6]
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
[7]
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township and posted on the property.
[8]
(Reserved)
[9]
The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.
[10]
Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived field, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
[11]
Any external area used for the unloading, transfer, storage, or deposition of waste shall be completely screened from view at the property line using a Level 3 screening pursuant to § 195-403D of this chapter.
[12]
The use shall be screened from all adjoining properties using Level 3 screening pursuant to § 195-403D of this chapter.
[13]
A minimum 100-foot-wide buffer shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site shall not be located within this landscape strip.
[14]
Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
[15]
All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 24 hours.
[16]
A contingency plan for the disposal of waste during a facility shutdown, shall be submitted to the Township.
[17]
Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment may be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in any manner inconsistent with the Department of Environmental Protection's regulations.
[18]
In addition to the applicable zoning district's setbacks, all buildings or structures shall be set back at least 1.5 times the building or structure's height.
[19]
The applicant shall submit an analysis of raw water from either private or public sources, indicating the quantity of water required. The applicant shall provide a letter indicating that the public or private source shall provide the water needed. In addition, if the facility is to rely upon nonpublic sources of water, appropriate permits shall be required (i.e., Township, Pennsylvania Department of Environmental Protection, and Susquehanna River Basin Commission). A water feasibility study shall be provided to enable the Township to evaluate the impact of the proposed construction on the groundwater supply and on existing wells. The purpose of the study shall be to determine if there is an adequate supply of water for the proposed construction and to estimate the impact of the new construction on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer. A water system which does not provide an adequate supply of water for the proposed construction, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed construction, shall not be approved by the Township. A water feasibility study shall include the following information:
[a]
Calculations of the projected water needs.
[b]
A geologic map of the area with a radius of at least one mile from the site.
[c]
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.
[d]
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.
[e]
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
[f]
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
[g]
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.
[h]
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
[21]
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport, and potential hazards regarding firefighting of waste materials upon the site.
[22]
No principal waste handling facility shall be located within one mile of another, as measured in a straight line between closest property lines.
[23]
Maximum building height 35 feet.
[24]
Maximum height of fill 50 feet.
[25]
A plan for the restoration of all borrow areas shall be submitted to the Township for approval.
[26]
The hours of operation for this use shall be limited to 6:00 a.m. to 7:00 p.m., Monday through Saturday.
(g)
Warehouse/distribution: a use involving large-scale indoor storage of goods, packaging of goods, and distribution typically between production and the market. May include a small ancillary retail facility. Warehouse/distribution uses also include substantial commercial vehicle access, storage, and intermodal exchanges. Warehouse/distribution uses includes such uses as those identified in Table 3.06, Typical Industrial Uses. These uses have greater than 1,000,000 square feet of floor area. The following use regulations apply:
[1]
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane.
[2]
External storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining land within the RR, R-1, R-2, R-3, and NMU Zoning Districts and adjoining roads, and is located behind the minimum front yard setback line.
§ 195-306 Accessory uses.
A.
General provisions.
(1)
Accessory uses allowed. Accessory uses as listed in Table 3.01, Table of Permissible Uses, are allowed only in connection with the lawfully established principal uses.
(2)
Allowed uses. Allowed accessory uses are limited to those expressly regulated in this chapter as well as those that, in the determination of the Zoning Officer, satisfy the following criteria:
(a)
They are customarily found in conjunction with the subject principal use(s) or principal structure;
(b)
They are subordinate and clearly incidental to the principal use(s) of the property; and
(c)
They serve a necessary function for the comfort, safety or convenience of occupants of the principal use(s).
(4)
Time of construction and establishment. Accessory uses may be established only after the principal use of the subject property is in place.
(5)
Location. Accessory uses shall be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
B.
Accessory uses.
(1)
Accessory dwelling unit: a dwelling unit that is associated with and is incidental to another dwelling unit on the same lot which serves as the lot's principal use. The following supplemental use regulations apply:
(a)
A property owner shall file a zoning permit for an accessory dwelling unit prior to its recognition as an accessory dwelling unit. The property proposed for an accessory dwelling unit shall contain one, but no more than one, residential structure occupied as a one-unit dwelling.
(b)
The property shall be owner-occupied, either in the principal structure or principal dwelling unit, or in the accessory dwelling.
(c)
(d)
With the exception of a tiny home as defined in Article 6 of this chapter, the usable floor area of the accessory dwelling unit shall not exceed 50% of the usable floor area of the principal dwelling unit or 1,000 square feet, whichever is less. Exterior patios, decks, porches, and staircases providing interior access from the principal unit to the accessory dwelling unit shall not be counted toward the usable floor area of the accessory dwelling unit.
(e)
Parking. Two off-street parking spaces are required for an accessory dwelling unit.
(f)
Pedestrian access. An all-weather surface path to the accessory dwelling unit shall be provided from the street frontage.
(g)
A separate numeric address for the accessory dwelling unit is prohibited.
(h)
No new, separate utility connection may be installed for the accessory dwelling unit in a principal structure, unless more than one utility connection already serves the lot to the location of the proposed accessory dwelling unit at the time of the application for the accessory dwelling unit.
(i)
At any one time, the number of residents of an accessory dwelling unit shall be limited to:
(j)
Wastewater disposal. Certification that the accessory dwelling unit can adequately connect to either the existing sewer line or septic system that is serving the principal use. In no case shall an accessory dwelling unit be served by a separate septic system. Provided that the primary dwelling is connected to the public sewer system, an accessory dwelling unit shall connect or tie into the primary dwelling's sewer line.
(k)
Lot nonseverability. The accessory dwelling unit may not be conveyed, or the title to the accessory dwelling unit be transferred separate and apart from the rest of the property.
(l)
Mechanical equipment. Mechanical equipment shall be located on the ground or contained within an accessory dwelling unit and may not be located on the roof.
(m)
The legal owner(s) of the accessory dwelling unit must post a bond of $25,000 with a bonding company authorized to do business in Pennsylvania and must be maintained as long as the accessory dwelling unit is on-site. The accessory dwelling unit shall be removed from the site within 180 days after it is no longer occupied by the person(s) approved under the permit for intended use by the Zoning Officer. If it is not removed within 180 days, the Township will remove the building and charge the actual cost against the bond. If the cost of removal exceeds the bond, the balance will be charged to the landowner. If payment is not received within 30 days of removal, a lien will be placed against landowner's property. [NOTE: Once the Zoning Officer has performed a final inspection to close out the permit and verify that the accessory dwelling unit has been removed from the subject property and the existing ground has been restored to preplacement conditions (grading, and grass seeding replaced), the Township then will process the release of the bond to the legal owner of the property noted on the permit application issued accordingly.]
(2)
Accessory solar energy systems (ASES): an area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more freestanding ground-mounted solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels. The following use regulations apply:
(a)
General.
[1]
ASES that have a maximum power rating of not more than 475 watts (.478 kilowatts) shall be permitted as a use by right in all zoning districts. ASES that have a power rating of more than 475 watts shall comply with the requirements for principal solar energy systems.
[2]
Exemptions. ASES with an aggregate collection and/or focusing area of 50 square feet or less are exempt from this chapter.
[3]
All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
[4]
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
[5]
Glare. Glare shall be controlled pursuant to the requirements specified under § 195-412 of this chapter.
[6]
Prior to the issuance of a zoning permit, applicants shall acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner or their successors and assigns in title or, create in the property itself:
[7]
Decommissioning.
[a]
Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
[b]
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
[8]
The ASES shall be properly maintained and be kept free from all hazards, including but not limited to faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
(b)
Ground-mounted accessory solar energy systems.
[2]
Height. Ground-mounted ASES shall not exceed 15 feet in height above the ground elevation surrounding the systems.
[3]
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(3)
Accessory wind energy systems.
(a)
General. Accessory wind energy systems (AWES) shall be permitted as an accessory use in all zoning districts subject to the following conditions:
[1]
Maximum number permitted. Only one ground-mounted AWES and one building-mounted AWES is permitted on a lot.
[2]
Noise performance standards. The noise performance standards specified under § 195-416 of this chapter shall apply.
[3]
(Reserved)
[4]
When an accessory building is necessary for storage or related mechanical equipment, the accessory building shall comply with the accessory building requirements of the underlying zoning district.
[5]
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the supporting structure height plus 10 feet from any occupied dwelling, and shall not be more than 1.5 times the maximum principal building height limits specified Article 2 of this chapter.
[6]
The minimum distance between the tower and any property line shall be not less than two times the height of the supporting structure.
[7]
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
[8]
All electric line/utility wires shall be buried underground.
[9]
Any mechanical equipment associated with and necessary for operations, including a building for batteries and storage cells, shall be enclosed with a six-foot-high fence. The supporting structure shall also be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.
[10]
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet in area, nor eight feet in height and shall be located at the base of the supporting structure.
[11]
The resultant energy harnessed from the wind shall be used on the property it is located on and not used as a commercial enterprise.
[12]
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 calendar days.
[13]
Decommissioning.
[a]
Each AWES and related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
[b]
The AWES shall be presumed to be discontinued or abandoned if no electricity is generated by such AWES for a period of 12 continuous months.
[14]
Maintenance. The AWES shall be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the AWES to conform or to remove the AWES.
(b)
Requirements for ground-mounted AWES.
[1]
Ground-mounted AWES may be placed on lots of any size assuming they meet the requirements of this section.
[3]
Setbacks. All AWES shall be set back from property lines, occupied buildings, aboveground utility lines, railroads and/or road rights-of-way by a distance equal to no less than one times the total height.
[4]
Number. One ground-mounted AWES is permitted per lot.
[5]
Location.
[a]
Ground-mounted AWES are prohibited in front yards, between the principal building and the public street.
[b]
Installation of a ground-mounted AWES may be authorized in front of the principal building, outside the required front yard, if the applicant demonstrates to the Zoning Hearing Board through a special exception that, due to wind access limitations, no location exists on the property other than the front yard where the AWES can perform effectively.
(c)
Requirements for building-mounted AWES.
[1]
Building-mounted AWES may be located on any lot regardless of size.
[2]
Height regulations shall not apply to building-mounted AWES, provided that the height does not exceed the limitations of the zoning district in which they are located.
[3]
There is no limit on the number of building-mounted AWES.
(d)
Other general requirements.
[1]
The display of advertising is prohibited except for identification of the manufacturer of the system.
[2]
AWES shall not be lighted except for any lighting required to comply with Federal Aviation Administration (FAA) or Pennsylvania Department of Transportation, Bureau of Aviation (BOA), regulations
[3]
AWES shall be painted a nonreflective, flat color such as white, off-white, or gray unless required to be colored differently by FAA or BOA regulations.
[4]
AWES shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
[5]
An AWES shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property.
[6]
No part of any AWES shall be located within or above the required setbacks of any lot, extend over parking areas, access drives, driveways or sidewalks.
[7]
The owner of the AWES shall provide evidence that the owner's insurance policy has been endorsed to cover an appropriate level of damage or injury that might result from the installation and operation of the wind energy facility.
(4)
Agricultural commercial enterprise: an accessory use to an agricultural operation for the purpose of directly marketing agricultural products produced by the agricultural operation in their natural or manufactured state. The term shall include any on-farm processing, packaging or other activity performed in the course of direct marketing of the farmer's agricultural products. Examples include but are not limited to farm stands, creameries, pick-your-own operations, community supported agriculture (CSA), Christmas tree farm, etc.
 |
(a)
An agricultural commercial enterprise shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.
(b)
The hours of operation shall be consistent with other businesses in the district and protect neighbors from light, noise, disturbance, or interruption.
(5)
Agritourism marketing enterprise: an accessory use to an agricultural operation at which activities are offered to the public or to invited groups for the purpose of recreation, entertainment, education or active involvement in the agricultural operation. These activities shall be related to agriculture or natural resources and incidental to the primary operation on the site. These activities may include a fee for participants. Examples include but are not limited to hayrides, corn mazes, farm tours, rodeo, educational exhibits, agriculturally related events, recreation-related tours, wedding venues, and other special event activities, etc. The following use regulations apply:
 |
(a)
An agritourism marketing enterprise shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.
(b)
The hours of operation shall be consistent with other businesses in the district and protect neighbors from light, noise, disturbance, or interruption.
(6)
Airstrip (private), heliport/helistop: an aviation use that is accessory to the principal use of a property. The following use regulations apply:
(a)
Airstrip, private: personal residential takeoff and landing facility attached to the airstrip owner's residential property and used only by the owner. The following use regulations apply:
[1]
Minimum lot area: five acres.
[2]
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
[3]
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
[4]
No part of the take-off/landing strip and/or pad shall be located nearer than 1,500 feet from any property line.
(b)
Heliport. The use regulations for the principal heliport and helistop uses specified under § 195-305I(1)(d) shall apply.
(c)
Helistop. The use regulations for the principal heliport and helistop uses specified under § 195-305I(1)(e) shall apply.
(7)
Carport, portable or temporary. A covered space, open on three or more sides, used for the storage of automobiles, boats, campers, trailers or other similar items within said structure, which is not placed on a permanent foundation and can be easily removed from or moved on the property, accessory to the property's principal use. The following use regulations apply:
(8)
Community garden: permitted as an accessory use pursuant to the provisions specified under § 195-305C(1) of this chapter.
(9)
Drive-through facility: a facility that provides or dispenses products or services, through an attendant or an automated machine, to persons remaining in vehicles that are in designated stacking aisles. A drive-through facility is accessory to primary service or commercial uses, such as a financial institution, personal service shop, retail store, eating establishment or gas stations. In these guidelines, a drive-through facility does not include a car wash, parking garage kiosks, or gas pump islands. The following use regulations apply:
(a)
Lot size. Lot sizes shall be large enough to efficiently and safely serve the operations of the vehicle drive-through facility while accommodating all necessary elements of good and efficient site design of vehicle drive-through facilities.
(b)
Number. No more than one drive-through facility may be permitted per lot.
(c)
Placement.
[1]
Buildings with a vehicle drive-through facility shall be located as close as possible to the street line or corner street frontages for corner sites to help frame the street edges. The siting of the building relative to the street shall consider the existing and future development on the street or in the neighborhood.
[2]
Sites with multiple commercial buildings on the property. Drive-through facilities shall be located internal to the site away from property corners, intersections of streets or from the street frontages to reduce the visibility of vehicle drive-through traffic on the site from street view.
(d)
Site access.
[1]
Vehicle access shall be provided pursuant to § 195-433, Vehicular access, of the Code of the Township of West Hanover. The subject site shall have access to a collector or arterial road.
[2]
Access driveways to vehicle drive-through facilities shall be located as far away as possible from street intersections and corners and designed in accordance with the applicable street design standards.
[3]
The number of access driveways into a site shall be minimized to reduce conflicts between turning vehicles and other users of the street, reduce curb cuts and interruptions to the sidewalk.
[4]
Vehicle queuing lanes shall be separated from all aisles, shall not result in additional curb cuts along the same street frontage and shall not have direct ingress and egress from any street.
[5]
Vehicle queuing lanes shall not obstruct or interfere with parking spaces, pedestrian aisles or walkways and loading or service areas.
(e)
Parking.
[1]
Surface parking areas shall be located at the side or the rear of the building away from the public street.
[2]
Parking areas shall not be located between the building and the street.
[3]
Parking areas shall not convey pedestrians across driveways or vehicle queuing lanes to enter the building.
[4]
The parking areas shall not conflict with the ingress and egress of the vehicle queuing lanes. This can be achieved by locating the parking areas away from the vehicle queuing lanes or clearly delineating the parking areas with appropriate barriers and signage.
[5]
Larger parking areas shall be separated into smaller well-defined sections, using a combination of hard and soft landscaping to avoid large, paved surfaces in parking areas.
(10)
Electric vehicle charging station (EVCS): a privately owned (i.e., not for public access) or publicly accessible parking space that is served by electric vehicle charging equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. "Electric vehicle charging level" shall be defined as the standard indicator of electric force or voltage at which an electric vehicle is recharged as follows and as illustrated in Figure 3-1.
Figure 3-1 Electric Vehicle Charging Levels Source: Siting and Design Guidelines for Electric Vehicle Supply Equipment, November 2012 |
|---|
 |
(a)
Level 1: a slow charging system with a voltage range of zero through 120 AC123. For the purposes of a zoning permit application, Level 1 EVCS is for private use only.
(b)
Level 2: a medium charging system with a voltage range of 121 through 240 AC124. For the purposes of a zoning permit application, Level 2 EVCS is for both private and public use.
(c)
Level 3: a fast charging system with a voltage range of greater than 240 AC125. For the purposes of a zoning permit application, Level 3 is for public use only.
(d)
The following performance standards apply to Level 1, 2, and 3 EVCSs:
[2]
A property owner shall not install any EVCS on a property until a zoning permit has been issued by the Township to the property owner.
[3]
Electric vehicle make ready system.
[a]
All new, expanded and reconstructed parking areas may provide for the electrical capacity necessary to accommodate the future hardware installation of EVCS through an electric vehicle make ready system.
[b]
Property owners may apply for a zoning permit for an electric vehicle make ready system at the time of construction or renovation of appropriate charging areas.
(11)
Farm occupation: an accessory use to an agricultural operation at which goods and services are rendered in support of local agricultural operations or to supplement on-farm income. Examples include but are not limited to tractor repair services, custom cabinetry, welding shop, internet-based business, auctions, repair services, catering, home occupations, traditional trade businesses, etc.
(12)
Home occupation: a use that is clearly subordinate and incidental to the principal use as a residence and is conducted in a dwelling unit by permanent residents thereof by one or more members of the occupying household and does not alter the exterior of the building or its appearance.
(a)
Included uses. Home occupation includes the following and other uses deemed similar by the Zoning Officer: accountant, artist, attorney, author, computer operator or programmer, child care of six or fewer children, designer (computer, graphic, architect, interior, etc.) home crafts, seamstress or tailor, sales person or representative (no on-site retail or wholesale transactions), tutoring, and instruction of craft and fine art.
(b)
Excluded uses. Home occupation excludes such uses, as otherwise defined in these regulations, as civic and institutional uses; retail uses; service uses other than photography studio, tailor or seamstress, therapeutic massage establishment (licensed proprietor).
(c)
The following supplemental use regulations apply:
[1]
Advertisement. Offering, displaying or advertising any commodity or service for sale on the premises is prohibited, except that an identification sign is permitted in accordance with the regulations of Article 5, Signs.
[2]
Outside storage. No materials or products shall be stored outside of a building.
[3]
Area. The customary home occupation shall not occupy more than 25% of the usable floor area of a dwelling unit in which the home occupation is operated.
[4]
Employees. Employment is limited to any member of the immediate household residing in the dwelling unit plus one person not residing in the dwelling unit.
[5]
Hours of operation. Permitted hours of operation are 7:00 a.m. to 6:00 p.m. Eastern standard time, Monday through Friday, and 8:00 a.m. through 5:00 p.m. on Saturdays.
[6]
Limited attendees. Up to four attendees may be served or instructed at a time, except as provided for in a family child-care home.
[7]
Residence. The operator of the home occupation shall reside in the dwelling unit in which the home occupation operates.
[8]
Physical appearance. The appearance of the structure shall conform to the general form, function, and character of the area in which it is located.
[9]
Vehicles. No more than one motor vehicle shall be used in connection with a home occupation.
[a]
The vehicle shall be of a type ordinarily used for conventional private passenger transportation, such as a passenger automobile, van, or pickup truck not exceeding a payload capacity of one ton.
[b]
The vehicle shall not be designed to carry more than 12 persons.
[c]
Parking of the vehicle shall be accommodated on-site.
(13)
Keeping of chickens or honeybees. The keeping of chickens or honeybees for noncommercial purposes shall be permitted as an accessory use as specified in Table 3.01 and shall abide by the following regulations:
(b)
Keeping of chickens.
[2]
Number of chickens per lot.
[3]
Type. Chickens shall be hens. Roosters and English gamecocks are prohibited.
[5]
Pens.
[a]
Pens shall provide a minimum of 10 square feet of area for the first chicken, and then an additional three square feet per each additional chicken permitted under Subsection B(13)(b)[2].
[b]
Pens shall be constructed in a way to prevent chickens from roaming free and to keep predators from getting into the pen.
[c]
The pen shall be accessible by the hens from their coop when they are not secured in the coop.
[7]
Disposition of deceased chickens. Chicken carcasses shall be disposed of in compliance with 3 Pa.C.S.A. § 2352, and no person shall slaughter a chicken in a residential zone.
(c)
Keeping of honeybees.
[1]
General. The keeping of one or more colonies of the common domestic honeybee, Apis Mellifera, shall be permitted as an accessory use to a permitted primary use when in compliance with Pennsylvania's Bee Law, 3 Pa.C.S.A. § 2101, et seq., as amended. Additionally, all beekeepers shall maintain their colonies per the Voluntary Best Management Practices for Maintaining European Honeybee Colonies in the Commonwealth of Pennsylvania as provided and as may be amended by the Pennsylvania Apiary Advisory Board. Colonies include a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood. The following supplemental use regulations apply.
[2]
Maximum number of colonies.
[a]
Any lot containing a residential use shall be limited to two colonies. One additional colony is permitted for every 1,000 square feet of lot area over 10,000 square feet, and an absolute maximum of 10 colonies.
[b]
A beekeeper may exceed these regulations under the following conditions:
[i]
As part of normal honeybee colony management, a beekeeper may also keep, in addition to allowable standard hives, for up to 45 days between April 15 and August 15, two nucleus colonies per standard hive, provided that they are used for managing colony strength, to minimize reproductive swarming, queen rearing or swarm capture.
[ii]
For each allowed hive, a single nucleus hive may be kept from August 16 to April 14 to allow a beekeeper to mitigate winter bee losses.
[iii]
Apiaries that are preexisting prior to enactment of this chapter shall not be subject to the limitations of Subsection B(13)(c)[2] and shall not exceed the number of hives active at the time of the ordinance and shall be confirmed by the preexisting apiary registration of the location as reported by the Pennsylvania Department of Agriculture, Bureau of Plant Industry.
[3]
Colony size. No colony shall exceed 20 cubic feet in volume.
[4]
Location.
[a]
Yards: shall be located in a rear or side yard on any lot with a residential or community garden use. No colony shall be located in the front yard nor closer than 10 feet.
[b]
A beekeeper may exceed these regulations under the following conditions:
[i]
As part of normal honeybee colony management, a beekeeper may also keep, in addition to allowable standard hives, for up to 45 days between April 15 and August 15, two nucleus colonies per standard hive, provided they are used for managing colony strength, to minimize reproductive swarming, queen rearing or swarm capture.
[ii]
For each allowed hive, a single nucleus hive may be kept from August 16 to April 14 to allow a beekeeper to mitigate winter bee losses.
[iii]
Apiaries that are preexisting prior to enactment of this chapter shall not be subject to the limitations of Subsection B(13)(c)[2] and shall not exceed the number of hives active at the time of the ordinance and shall be confirmed by the pre-existing apiary registration of the location as reported by the Pennsylvania Department of Agriculture, Bureau of Plant Industry.
[c]
Colony size. No colony shall exceed 20 cubic feet in volume.
[d]
Location. A colony shall be located in a rear or side yard on any lot with a residential or community garden use. No colony shall be located in the front yard nor closer than 10 feet from any property line or principal building on an abutting lot. No colony shall be located within 50 feet of a preexisting swimming pool or a preexisting kenneled animal.
[5]
Flyway barrier. A flyway barrier of at least six feet in height shall shield any part of a property line within 10 feet of a colony, unless the base of the colony is located more than six feet above the ground.
[a]
A required flyway barrier shall consist of a wall, fence, dense vegetation, or a combination thereof.
[b]
The barrier shall be positioned along the side of the hive(s) that contains the entrance to the hive(s).
[c]
The barrier shall be located within five feet of the hive(s) and shall extend at least two feet on either side of the hive(s).
[d]
Exceptions to flyway barrier. A flyway barrier is not required if the property adjoining the apiary lot line is:
[6]
Agricultural commercial enterprise. No sales of honey shall occur on the lot containing the honeybee colony, except in the case of a honeybee colony located on an agricultural operation or community garden where there is an agricultural commercial enterprise, in which case the operator of the honeybee colony shall be permitted to sell honey at the agricultural commercial enterprise.
[7]
State registration required. All persons keeping bees in the Township shall apply for a certificate of registration for beekeeping pursuant to the Bee Law, as amended.
[8]
Education certification. Written evidence shall be provided to the Township from each and every individual engaged in beekeeping activities that they shall have completed a beekeeping education course/program with a minimum of eight hours of instruction or have a letter of validation from an officer of the Pennsylvania State Beekeepers Association, an officer of a local bee club, or a certified master beekeeper.
[9]
Water. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
[10]
Nuisance. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition or to interfere with the normal use of adjoining properties. By way of example and not limited to, the following activities are hereby declared a nuisance and therefore unlawful:
[a]
The use of receptacles for honeybees that do not comply with the Bee Law, as amended.
[b]
Hive placement and related bee movement such that the bees, without provocation, interfere with the reasonable freedom of movement of persons in a public right-of-way, or the location of bees has a proven impact to the general safety, health, and welfare of the public.
(14)
Keeping of exotic wildlife.
(a)
Permit required.
[1]
It shall be unlawful for anyone to own, harbor, or permit at large any exotic wildlife within the Township without a permit issued by the Pennsylvania Game Commission. No permit shall be granted by the Commission until it is satisfied that the provisions for housing and caring for the exotic wildlife and protection for the public are proper and adequate and in accordance with the standards which may be established by regulations. It is unlawful to release any exotic wildlife into the wild, fail to exercise due care in safeguarding the public, or recklessly engage in conduct that places another person in danger of attack from exotic wildlife.
[2]
Persons responsible for the keeping of exotic wildlife shall abide by the standards of the Pennsylvania Game Commission permit requirements at all times and is subject to inspection by the Township Zoning Officer who shall have the authority to notify the Pennsylvania Game Commission of any suspected and documented violations of such issued permit.
[3]
A copy of the Pennsylvania Game Commission-issued permit(s) shall be filed with the Zoning Officer by the owner/operator of an exotic wildlife operation.
(b)
Setbacks. All structures associated with animal sanctuaries shall be located no less than 500 feet from any side or rear yard.
(c)
Lot size. Animal sanctuary facilities shall be located on lots containing not less than 10 acres.
(15)
Keeping of livestock. The keeping of equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals, and all ratites, including, but not limited to, ostriches, emus, and rheas for noncommercial purposes shall be permitted as an accessory use as specified in Table 3.01 and shall abide by the following regulations:
(a)
The keeping of any livestock that existed lawfully prior to the effective date of this chapter that is not permitted under this chapter may be continued as a nonconforming use, except that if the nonconforming use is discontinued for one year or more, it shall then be deemed abandoned and any future keeping of animals shall be in conformity with this chapter.
(b)
Table 3.07 specifies the requirements based on the size of animal for the keeping of livestock as an accessory use.
Table 3.07 Keeping of Livestock Requirements | |||
|---|---|---|---|
Livestock Group Type | Livestock Group Description1 | Minimum Lot Size (acres) | Minimum Setback (feet) |
Group 1 | Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre, with a maximum number of 50 animals. | 3 | Up to 25 animals: 25 Above 25 animals: 50 |
Group 2 | Animals whose average adult weight is between 10 and 65 pounds shall be permitted at an animal density of 2 per acre, with a maximum number of 20 animals. | 3 | Up to 2 animals: 50 Above 2 animals: 75 |
Group 3 | Animals whose average adult weight is greater than 65 pounds shall be permitted at an animal density of 1 per acre. | 3 | 75 |
NOTE: | |
1 | See Table 1 Standard Animal Weights: https://www.clintoncountypa.com/home/showpublisheddocument/2980/637387022614930000 |
(c)
Exceptions to these standards shall be presented by the property owner through an alternative animal management plan to be heard by the Board of Supervisors. Approval of the plan by the Board shall be considered a conditional use and shall be subject to all required conditions. If an approved plan is violated or causes situations that become a nuisance to adjoining property owners, the conditional use shall be subject to revocation by the Code Enforcement or Animal Control Officer.
(d)
Living conditions.
[1]
Livestock shall have access to feed and clean water at all times.
[2]
Feed shall be secured to prevent rodents or other pests from accessing the feed.
[3]
A veterinarian shall be identified and used for any necessary medical care, and such professional shall be identified in the applicant's zoning permit application.
[4]
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; such fencing shall be set back at least 10 feet from all property lines.
(e)
Disposition of deceased livestock. Livestock carcasses shall be disposed of in compliance with 3 Pa.C.S.A. § 2352, and no person shall slaughter livestock in any residential zone.
(16)
Manure storage facility: an accessory use to an agricultural operation that is a permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure. Examples include liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures built under a confinement building, permanent stacking and composting facilities and manure treatment facilities. The term does not include the animal confinement areas of poultry houses, horse stalls, free stall barns, or bedded pack animal housing systems. The following performances shall apply:
(a)
All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements and replacements thereof, published by the Pennsylvania Department of Environmental Protection.
(b)
All manure storage facilities' designs shall be reviewed by the Dauphin County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.
(c)
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation shall require the acquisition of another review by the County Conservation District, a record of which should be filed with the Zoning Officer.
(17)
No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(18)
Outdoor café: tables and chairs for patrons of drinking and eating establishments located outdoors and directly adjacent to the structure containing the principal use.
(a)
The following supplemental use regulations apply:
[1]
The outdoor cafe (including outdoor seating areas) may be permitted as an accessory use to an existing restaurant, delicatessen, or food store, provided that vehicular and pedestrian circulation is not unreasonably restricted pursuant to the encroachment requirements specified in Article 4, Supplemental Regulations.
[2]
Location.
[a]
The outdoor cafe may be located anywhere on the lot, or on the adjacent right-of-way, provided that, if it is located in the right-of-way, a minimum of five feet of sidewalk shall remain available and obstacle-free for passing pedestrians.
[b]
The outdoor cafe shall be located directly adjacent to the principal use.
[c]
The outdoor cafe not associated with additional construction and located fully on the lot are subject to zoning permit approval by the Zoning Officer.
[d]
The outdoor cafe is not subject to building line requirements or front yard or corner side setbacks.
[3]
Limited outside sidewalk sales of perishable and consumable items (produce, ice cream, newspapers, magazines, soft drinks, etc.) may be permitted in conjunction with an outdoor cafe, provided that the outdoor display and sale is approved pursuant to the performance standards outlined for outdoor display and sale of merchandise below[1]; and
[4]
If the outdoor cafe does not comply with all conditions listed in this subsection and its use and occupancy permit, the Zoning Officer may order such use terminated. For purposes of this subsection a "nuisance" shall be deemed to include any condition considered a nuisance under applicable law.
(b)
This subsection applies to any and all uses of land or structures, including existing uses and structures.
(c)
Cover. The outdoor cafe may have a covering or overhead enclosure.
(19)
Outdoor display and sales: the outdoor display and sales of merchandise or other items offered for sale or advertisement of a principal retail or service use. The following supplemental use regulations apply:
(a)
Outdoor displays may not extend more than five feet from the building façade and in no instance shall merchandise or other items for sale or advertisement be located within an established public right-of-way line. In the case of street lines and building lines being coincident, there shall be no outdoor display;
(b)
Merchandise or other items displayed as the accessory use shall be restricted to those items or merchandise which are sold at the principal use;
(c)
Notwithstanding any provision of this article, the public way, street, sidewalk, curb, and all means of ingress and egress to the structure containing the principal use shall be maintained free of obstructions, merchandise or other items. A minimum of five feet of sidewalk shall remain available and obstacle-free for passing pedestrians.
(20)
Parking: parking as an accessory use in conjunction with an adjacent principal use on the lot.
(a)
Parking lot. A parking lot is a paved surface used solely for the parking of vehicles, intended for use by the occupants in an adjacent building on the lot. A parking lot may be uncovered or covered by a renewable energy structure.
(b)
Parking structure: an accessory structure used solely for the parking of vehicles, intended for use by the occupants in an adjacent building on the lot. The following supplemental use regulations apply:
[1]
Location. An accessory parking structure shall be located as follows:
[2]
The perimeter of an accessory public or private garage shall be landscaped with a minimum of Level 2 screening in accordance with § 195-403D(1)(b) of the Code of the Township of West Hanover.
(21)
Signs. Signs are an accessory use to the principal use.
§ 195-307 Temporary uses.
A.
General.
(1)
Temporary uses are limited to those expressly regulated in this chapter as well as those that, in the determination of the Township Board of Supervisors, are deemed appropriate as a temporary use.
(2)
A temporary use that is conducted annually or on a similar recurring basis as determined by the Township and has received special exception approval from the Township Zoning Hearing Board. The temporary use may be permitted to recur thereafter with approval from the Zoning Officer, provided that the event location, format, and operations have not substantially changed from the original approval and that the conditions established in the original approval are deemed applicable. All other temporary uses shall receive special exception approval for each occurrence.
B.
Temporary uses.
(1)
Farmers' market: a public market administered by a market manager and held multiple times per year to connect and mutually benefit farmers, communities, and shoppers. The farmers' market shall allow as vendors predominantly local farmers, farmers' cooperatives and producers selling any of the following: whole produce; value-added agricultural products, such as jams, jellies, and pickles; prepared food; all agricultural and horticultural products, including but not limited to whole produce, plants, flowers, meats, dairy products, and other food-related products. The following use regulations apply:
(a)
The applicant shall indemnify, save harmless, and defend (if requested) the Township and the owner(s) of any private or public property upon which the farmers' market shall be held and their respective officers, agents, and employees from any and all claims, suits, or actions for injuries, death and/or property damage arising out of the temporary outdoor event where the claim, suit, or action was caused by the applicant, its officers, agents, and employees, the event participants, support staffs, event officials, volunteers, medical support, technical support, media vehicles, event communications staffs, the traveling public, general public, or spectators.
(b)
A certificate of insurance shall be provided showing: a) general liability insurance for bodily injury and property damage in the minimum amount of $250,000 per person and $1,000,000 per occurrence to cover any loss that might occur as a result of the permitted use of the local and state rights-of-way or private property that might otherwise arise out of or be connected with the farmers' market; b) occurrence-based coverage; and c) the Township and applicable public and private landowners named as the additional insured. The applicant warrants the information in the insurance certificate is accurate.
(c)
Written permission for use of any private property shall be obtained from the owner(s), or other person with authority to grant same, and be submitted to the Zoning Officer.
(d)
The farmers' market is of a temporary nature, namely, in operation only one day or two days per week between the maximum hours of 8:00 a.m. and 8:00 p.m. Eastern standard time.
(e)
A minimum lot area of 100 square feet per stand shall be provided.
(f)
Farmers' market vendors shall obtain a retail food license from the Pennsylvania Department of Agriculture to operate a food facility at a farmers' market, whether the market is inside or outside. Each individual stand is considered its own retail food facility and shall obtain its own license to operate.
(2)
Model home and/or subdivision sales office: a building structure used for the temporary conduct of the sales of dwelling units proposed for construction and sale within an approved subdivision. The following performance standards shall apply:
(a)
Such use shall be located in a subdivision that is owned by or held in trust for the subdivision developer proposing to erect the dwelling units for sale and/or proposing to operate the sales office.
(b)
Such use shall meet the bulk and area requirements of the zoning district within with the use is located.
(c)
Such use shall be meet the land development design standards as specified by Chapter 173, Subdivision and Land Development, of the Code of the Township of West Hanover.
(d)
Such use shall be permitted for a period not to exceed 36 months from the date of approval for the sales offices and/or model homes. A time extension may be granted upon the issuance of a new zoning permit.
(e)
The use shall be removed, and the use shall be discontinued on or before the original termination date set forth under the zoning permit, upon expiration of the extension granted by the Zoning Officer, or after six months following sale or occupancy of all lots in the subdivision other than the model homes, whichever occurs first.
(f)
Such use shall not serve as sleeping quarters.
(3)
Open air market: an outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event. The following use regulations shall apply:
(a)
A plan depicting the layout of the site, including dimensions of the sales area, accessways, parking areas and location of trash receptacles;
(b)
Specific days and hours of operation; and
(c)
The means, such as stalls, tables or other structures, by which merchandise is to be displayed.
(d)
Vehicular parking shall be provided on-site and shall comply with the off-street parking standards specified in § 195-418 of this chapter.
(e)
There shall be no less than one trash receptacle per 1,000 feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be permitted to accumulate.
(f)
Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business.
(g)
Operation shall be restricted to the time between 9:00 a.m. and 5:00 p.m. Eastern standard time.
(h)
The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking.
(4)
Temporary construction site trailer: a manufactured home or industrialized housing type structure used only for office facilities or for storage of construction-related equipment or materials. The following use regulations shall apply:
(a)
Minimum off-street parking calculations. A hard paved parking area shall be provided containing one parking stall, 10 feet by 20 feet in size for each 10 lots in the subdivision. Access aisles shall be a minimum 20 feet in width.
(b)
Temporary construction site trailers may be established via the Township zoning permit process when proposed for an approved construction project.
(c)
Temporary construction site trailers shall observe the minimum setback requirements imposed upon the Township-approved principal use of the subject lot.
(d)
Temporary construction site trailers shall not serve as sleeping quarters.
(e)
Temporary construction site trailers, when used as occupied contractor, lease or sales offices, shall be equipped with appropriate skirting or safety fence/mesh material to prevent children and animals from crawling under said structure.
(f)
A temporary construction site trailer may serve as a temporary lease or sales office until a model housing unit is complete, provided that the following criteria are met:
[1]
A hard paved driveway and parking lot area shall be provided containing one parking stall, 10 feet by 20 feet in size, for each 10 lots in the subdivision.
[2]
A Pennsylvania Department of Transportation Highway Occupancy or Township street occupancy permit shall be required if the parking lot area's driveway accesses such roads.
[3]
The temporary sales operation shall only be permitted between 8:00 a.m. and 5:00 p.m. Eastern standard time.
(g)
If restroom facilities do not exist in the temporary construction site trailer, portable toilets shall be provided; the number of which shall be as determined by the Township Sewage Enforcement Officer.
(h)
No combustible materials shall be stored in the temporary construction site trailer.
(i)
All temporary construction site trailers shall be removed within 48 hours of the completion of construction or the expiration of the zoning permit for the construction to which it is related, whichever occurs first.