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§ 1292.27 STUDENT HOME.
   A student home is permitted by special exception, only, within the R-1, R-2 and R-3 Zoning Districts within a lawful single-family dwelling unit under the Township Zoning Code, provided all of the following requirements are met.
   (a)   A student home shall only be permitted within a single-family detached dwelling.
   (b)   No student home shall be permitted within a two-family dwelling unit, of any kind, including but not limited to, twins, townhouses or duplexes.
   (c)   No more than one building on a lot may be used as a student home.
   (d)   A special exception authorizing a student home shall expire unless the use is licensed and occupied as a student home within six months from the date of the special exception authorization.
   (e)   No student home shall be closer than 500 feet to another student home property line. The distance requirement is measured from the closest property line of a potential student home to another student home property line.
   (f)   The rules and regulations applicable to the conduct of student tenants in student homes authorized under this section shall, at a minimum, conform to those applicable to on-campus dormitories of the college or university wherein the student tenants at issue attend. The owner shall provide proof of such rules and regulations to the township.
   (g)   The student home shall have a minimum of 1,000 square feet of living area, exclusive of building area covered by a basement, garage or an accessory building.
   (h)   The student home shall meet the minimum yard setbacks, lot area and lot width requirements for single-family detached dwellings within the zoning district in which located.
   (i)   Noise abatement measures acceptable to the township shall be used to avoid conflicts with nearby neighbors.
   (j)   A buffer area with a width of ten feet shall be required for student homes along the rear and side lot lines of the subject property.
   (k)   Landscaping acceptable to the township shall be used as a buffer between a student home and any nearby dwellings.
   (l)   The number of persons living in such a student home shall not exceed four. Any number of persons in excess of four would tend to create an institutional atmosphere that would threaten the residential character of the subject zoning district.
   (m)   The student home shall meet the minimum area, yard setback, lot width and other area and bulk requirements for single-family detached dwellings, unless otherwise specified herein.
   (n)   A minimum of one paved off-street parking space per student home located to the side or rear of the premises and not in the front yard shall be required, in addition to those otherwise required for a single-family dwelling.
   (o)   The owner, manager and/or agent of the student home shall secure an annual license from the township in accordance with Chapter 1461 of these codified ordinances.
   (p)   The owner of the property shall provide the township with the number of students that reside within a student home and shall provide the names and contact information for each student residing therein.
   (q)   The owner of the property shall notify the township when there is a change in the individual students residing within a student home and/or if the property is no longer used as a student home. The owner of the property shall immediately notify the township of a change in the property’s status as a student home. In the event that the student home is no longer leased to students for a period of one year or more, any request to relicense the dwelling as a student home shall only be permitted in accordance with all requirements of this section.
   (r)   No student residing within a student home shall conduct himself or herself in a disruptive manner.
   (s)   A student home shall not be permitted to be used for any purpose other than a residence.
   (t)   The owner of the student home and the students residing within said student home shall not engage in, nor tolerate nor permit others on the property of the student home to engage in, conduct declared illegal under the State Crimes Code, being 18 Pa.C.S. §§ 101 et seq., Liquor Code, being 47 P.S. §§ 1-101 et seq. and/or Controlled Substance, Drug, Device and Cosmetic Act, being 35 P.S. §§ 780-101 et seq. The owner shall provide the township with proof of rules and regulations enforcing the same at the subject property.
   (u)   The student home’s exterior appearance shall be maintained so as to resemble the dwellings within the immediate vicinity of the student home, and there shall be no signs identifying the use and/or identifying it as a student home.
   (v)   This section is not intended, nor shall its effect be, to limit any other enforcement remedies, which may be available to the township against an owner, student tenant and/or guest thereof found in this chapter and/or other applicable law.
(Ord. 939, passed 7-15-2015; Ord. 942, passed 1-20-2016)
§ 1292.28 MEDICAL MARIJUANA.
   (a)   Purpose. The purpose and intent of this section is to regulate the growing and dispensing of medical marijuana that is grown in accordance with state law in order to promote the health, safety, morals and general welfare of the residents and businesses within the township. The township is authorized to regulate this activity pursuant to the MMA.
   (b)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CUP. A conditional use permit issued by the township in accordance with this code of ordinances
      FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors.
      GROWING. Defined in accordance with the MMA.
      GROWING PERMIT. A permit issued by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.
      GROWING PERMITEE. An applicant who has applied for and has been issued a growing permit by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.
      INDOORS. Within a fully enclosed and secure structure.
      MEDICAL MARIJUANA. Also means MEDICAL CANNABIS and shall be defined in accordance with the MMA.
      MEDICAL MARIJUANA DISPENSARY. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
      MMA. The Act of April 17, 2016 (P.L. 84, No. 16) (35 P.S. §§ 1023.101 through 1023.2110), referred to as the MEDICAL MARIJUANA ACT.
      OUTDOORS. Any location within the township that is not within a fully enclosed and secure structure.
   (c)   Marijuana growing prohibited. All marijuana growing within the township is prohibited except as expressly permitted by this section.
   (d)   Indoor medical marijuana growing conditionally permitted. Indoor medical marijuana growing is conditionally permitted in the township only as expressly specified in this section.
      (1)   Indoor medical marijuana growing shall only be allowed upon application and approval of a grower/processor permit issued by the commonwealth and a CUP in accordance with the criteria and process set forth in this section and this code.
      (2)   Indoor medical marijuana growing is a conditionally permitted use only on properties within the Limited Industrial (LI) Zoning District.
      (3)   No marijuana growing shall be established, developed or operated within 1,000 feet of the property line of a public, private or parochial school or a day care center. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the indoor medical marijuana growing is, or will be located, to the nearest property line of those uses describe in this subsection (d)(3).
      (4)   Indoor medical marijuana growing facilities may be located within the same building or structure as a medical marijuana processing facility only if the indoor medical marijuana growing facility is located in separate rooms of the building or structure, and only if the indoor medical marijuana growing facility has its own separate entrance into the building or structure.
      (5)   Indoor medical marijuana growing is allowed only within fully enclosed and secure structures that are inaccessible to minors.
      (6)   Indoor medical marijuana growing shall not exceed the square footage authorized pursuant to the CUP.
      (7)   From any public right-of-way, there shall be no visible exterior evidence of any indoor medical marijuana growing activity.
      (8)   Indoor medical marijuana growing activity may include growing marijuana plants, harvesting marijuana plants and drying marijuana flowers, but shall not include any extraction procedures to produce concentrated THC, except as may be expressly authorized under the MMA for holders of a grower-processor permit.
      (9)   Indoor medical marijuana growing shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
      (10)   All indoor medical marijuana growing facilities shall fully comply with all of the applicable restrictions and mandates set forth in the MMA. All indoor medical marijuana growing facilities shall comply with all size requirements for such facilities as imposed by the MMA. Indoor medical marijuana growing facilities shall not engage in any activities not allowed by indoor medical marijuana growing facilities pursuant to state law. All indoor medical marijuana growing facilities shall comply with all horticultural, labeling, processing and other standards required by the MMA.
      (11)   There is no set restriction on the hours of operation of indoor medical marijuana growing facilities; however, restricted hours of operation may be established as a condition of approval of the CUP.
      (12)   All medical marijuana shall be kept in a secured manner during all business and nonbusiness hours.
      (13)   All indoor medical marijuana growing facilities shall operate within a legal structure that is compliant with the MMA as well as all applicable state and local laws.
      (14)   All indoor medical marijuana growing facilities must pay all applicable sales taxes pursuant to all federal, state and local laws.
      (15)   On-site smoking, ingestion or consumption of marijuana or alcohol shall be prohibited on the premises of all indoor medical marijuana growing facilities. The term PREMISES as used in this subsection (d)(15) includes the actual indoor medical marijuana growing building, as well as any accessory structures and parking areas. The indoor medical marijuana growing facility building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana or alcohol on the premises or in the vicinity of the facility is prohibited.
      (16)   Signage for all indoor medical marijuana growing facilities shall be limited to name of business only, shall be in compliance with the township’s sign code, and shall contain no advertising of any companies, brands, products, goods or services. Signage shall not include any drug-related symbols.
      (17)   Alcoholic beverages shall not be sold, stored, distributed or consumed on the premises.
      (18)   The building in which any indoor medical marijuana growing facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations and laws including, but not limited to, zoning and building codes, the township’s business license ordinances, the Revenue and Taxation Code, being 72 P.S. §§ 7101 et seq., the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. and the MMA. Compliance with all requirements of state law pertaining to indoor marijuana growing is also required.
      (19)   Indoor medical marijuana growing facilities shall not distribute, sell, dispense or administer marijuana from the facility to the public. Indoor medical marijuana growing facilities shall not be operated as medical marijuana dispensaries.
      (20)   The operators of all indoor medical marijuana growing facilities shall provide the Township Manager or the Township Manager’s designee with the name, phone number, facsimile number and email address of an on-site representative to whom the township and the public can provide notice if there are any operational problems associated with the indoor medical marijuana growing facility. All indoor medical marijuana growing facilities shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the township or law enforcement.
      (21)   All indoor medical marijuana growing facilities shall be operated in accordance with the conditions of approval associated with the applicable CUP for the parcel of real property upon which the indoor medical marijuana growing activities occur.
      (22)   All indoor medical marijuana growing facilities shall have a security plan including the following measures.
         A.   Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 120 concurrent hours of digitally recorded documentation in a format approved by the Township Manager or the Township Manager’s designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, growing areas, all doors and windows and any other areas as determined by the Township Manager or the Township Manager’s designee. Remote log-in information shall be provided to the Township Manager and the Chief of Police to allow them to view the security camera images and recordings from their own facilities at any time. Any disruption in security camera images shall be cured expeditiously in good faith.
         B.   The indoor medical marijuana growing facility shall be alarmed with an alarm system that is operated and monitored by a reputable security company.
         C.   Entrance to the growing area, and all storage areas, shall be locked at all times, and under the control the indoor medical marijuana growing facility’s staff.
         D.   The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the township’s lighting standards regarding fixture type, wattage, illumination levels, shielding and the like and shall secure the necessary lighting approvals and permits as needed.
         E.   All windows on the building that houses the indoor medical marijuana growing facility shall be appropriately secured and all marijuana securely stored.
      (23)   Recordings made by the security cameras shall be made available to the Township Manager, the Township Manager’s designee or law enforcement upon verbal request, no search warrant or subpoena shall be needed to view the recorded materials.
      (24)   The Township BCO shall have the right to conduct an annual inspection of the facility to observe and enforce compliance with this section and all laws of the township and the state.
   (e)   Conditional use permit.
      (1)   All parcels of real property in the LI District upon which indoor medical marijuana growing activities may occur must obtain a CUP from the township for all such activities.
      (2)   An application for a CUP shall include at least the following information:
         A.   An estimate of the size of the proposed indoor medical marijuana growing facility;
         B.   The address of the location for which the CUP is sought;
         C.   A site plan and floor plan for the proposed premises denoting the use of all areas on the premises, including storage, growing areas, lighting, signage and the like;
         D.   A proposed security plan in compliance with the MMA;
         E.   The name and address of the owner and lessor of the real property upon which the indoor medical marijuana growing activity is proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgment from the owner of the property that an indoor medical marijuana growing facility will be operated on the property; and
         F.   Evidence that the indoor medical marijuana growing facility will be located in a legal structure that is compliant with MMA.
   (f)   Enforcement.
      (1)   Any marijuana growing within the township in violation of this section is hereby declared to be unlawful and a public nuisance.
      (2)   Any party who engages in a violation of this section, or who owns, possess, controls or has charge of any parcel of real property in the township upon which a violation of the section is maintained, shall be subject to the penalties and remedies provided by this section.
      (3)   Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.
      (4)   Any person in violation of any provision of this section shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six months imprisonment per offense.
      (5)   Any person in violation of any provision of this section shall be punishable by an administrative fine of up to a $1,000 per offense.
   (g)   Medical marijuana sales/dispensary conditionally permitted. A medical marijuana dispensary facility is conditionally permitted in the township in the Commercial District only.
      (1)   A medical marijuana dispensary facility shall have a single secure public entrance and shall implement appropriate security measures in accordance with policies of the Department of Health of the commonwealth to deter and prevent unauthorized entrance to areas containing medical marijuana.
      (2)   A dispensary facility shall not be located within 1,000 feet of the boundary of any public, private and parochial school and 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 dispensary is located, to the closest property line of the protected use.
      (3)   A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility, measured along a straight line between the closest walls of each of the two facilities.
(Ord. 962, passed 2-8-2017; Ord. 972, passed 9-20-2017)
§ 1292.29 SEASONAL OUTDOOR CAFE DINING.
   (a)   Any food establishment, which is otherwise operating as a licensed, permitted restaurant, intending to provide seasonal outdoor cafe dining table service shall be subject to the following regulations:
      (1)   Issuance of a seasonal outdoor dining permit from the Aston Township Code Enforcement Office.
      (2)   No outdoor food preparation or storage, busing station or open outdoor trash receptacle shall be permitted.
      (3)   The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.
      (4)   Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m., except where the restaurant adjoins a residential use, in which case outdoor dining is permitted between the hours of 7:00 a.m. and 9:00 p.m. All tables of food, beverages and customers shall be cleared on or before 12:00 midnight.
      (5)   Outdoor sound amplification systems are prohibited.
      (6)   Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.
      (7)   No service of food or beverages is permitted to unseated patrons.
      (8)   Outdoor dining is permitted from April 1 to October 31 only.
      (9)   Portable heating devices with an open flame are prohibited, unless approved by the Fire Marshal.
      (10)   The applicant shall maintain the restaurant-cafe in accordance with all township ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the township which pertain to this use of restaurant-cafes.
   (b)   Applications for a seasonal outdoor cafe dining permit must be filed with the Aston Township Code Enforcement Office to secure a permit. A fee of $50 for one year or $75 for two years must be paid with the filing of the application. Such fee can be amended in the future by resolution of Township Commissioners. Such application shall be made upon forms provided by the township and shall include the following:
      (1)   Name and address of applicant;
      (2)   Width of existing public right-of-way sidewalk intended to be used immediately adjacent to property;
      (3)   Proof of proper licenses for food establishment;
      (4)   Dimensions of the area of sidewalk or designated area in which outdoor cafe dining is proposed;
      (5)   Diagram to scale of actual intended equipment, tables and chairs for space on sidewalk and proposed occupant load;
      (6)   The written consent of the property owner;
      (7)   Certificate of insurance demonstrating coverage for intended outdoor dining use;
      (8)   Indoor seating capacity of food establishment;
      (9)   No action shall be taken on any application for a permit under this division until the application has been completed in its entirety and the application fee, has been paid in full. The schedule of fees shall be kept on file at the Township Office. There shall be no prorating of fees under this division; and
      (10)   The applicant agrees to indemnify, defend and keep harmless the Township of Aston, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the restaurant-cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-cafe.
   (c)   The applicant shall remove the outdoor portion of the restaurant-cafe within 30 days after written notice if the township or the Code Enforcement Officer determines that the restaurant-cafe is detrimental to the health, safety and general welfare of the township or its citizens.
      (1)   Due to pedestrian traffic changes, the restaurant-cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;
      (2)   The restaurant-cafe interferes with the maintenance or installation of an underground utility structure;
      (3)   The restaurant-cafe is no longer being used as such;
      (4)   The restaurant-cafe has been temporarily or permanently closed for violation of any township, state or federal law and/or regulation; or
      (5)   The restaurant-cafe is operated in violation of any ordinance, rule or regulation of the Township of Aston.
   (d)   In the event that the applicant fails to remove the restaurant-cafe within 30 days after written notice, the township may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-cafe be removed by the township, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the township and by requesting the return in writing. The responsibility for removal under the provisions of this division shall be the sole responsibility of the applicant without any obligation or cost assessed against the township.
   (e)   The township may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this division, and the same shall be approved by the Township Commissioners by way of resolution.
(Ord. 1017, passed 9-15-2021)
§ 1292.30 NOISE ABATEMENT.
   (a)   Purpose. The purpose of this section is to protect the health, safety and welfare of Aston Township residents by providing the means for neighboring commercial and industrial users who would otherwise exceed the then applicable standards for noise at an adjacent property line to implement structures to abate noise generated on their lots and to assure that any such structure is designed and placed responsibly to minimize visual impact on neighboring residential users and the general public.
   (b)   General provisions.
      (1)   Compliance. Structures whose primary purpose is to abate noise shall only be permitted by conditional use pursuant to this section.
      (2)   No municipal liability. Any grant of conditional use pursuant to this section or the issuance of any permit or approval thereafter, or any statement made either publicly or privately during the process of granting same, shall not constitute a representation, guarantee or warranty of any kind by the township, or any elected official, appointed official, volunteer or employee thereof, of the practicability, effectiveness or safety of the proposed structure, and shall create no liability upon the township, its elected officials, appointed officials, volunteers or employees.
   (c)   Standards for approval of conditional uses.
      (1)   In addition to the standards set forth in § 1290.02 of the Codified Ordinances of Aston Township, the Board of Commissioners shall consider the following aspects of a conditional use application when considering requests:
         A. The proposed location of the proposed structure with regard to:
            1.   Neighboring properties;
            2.   The primary use of the lot upon which the structure is proposed;
            3.   Geological, topographical and botanical features and the potential effect of the structure thereupon; and
            4.   The visual impact of the structure from neighboring roadways.
         B.   The degree to which the application is consistent with the purpose set forth at § 1292.30(a) above.
         C.   The anticipated effectiveness of the structure to abate noise impact upon affected properties.
      (2)   Prior to conditional use approval, the applicant shall provide evidence that:
         A.   That the location of the proposed structure is the most advantageous considering:
            1.   The abatement of noise affecting neighboring properties;
            2.   Visual impact from neighboring properties and adjacent roadways;
            3.   The primary use of the lot upon which the structure is proposed;
            4.   Geological, topographical and botanical features.
         B.   The proposed abatement solution is of the minimum size and scope necessary to effectively abate the noise impact upon neighboring properties.
         C.   Applicants consideration of landscaping or other techniques to minimize the visual impact of the proposed solution, evidenced by such data or studies as the Township Engineer may request during the application process.
   (d)   Administration. All applications whose primary purpose is noise abatement shall include the following materials:
      (1)   A site plan indicating existing grades and proposed grades within the area of the proposed use;
      (2)   A landscape plan indicating both pre- and post-construction:
         A.   Paved areas;
         B.   Stormwater drainage facilities;
         C.   Retaining walls;
         D.   Proposed tree removal and replacement;
         E.   Ground cover and shrubbery locations.
      (3)   Architectural plans and elevations of the exterior and any foundation of the proposed structure;
      (4)   A statement and acoustical engineering study of pre- and anticipated post-construction noise levels.
(Ord. 1031, passed 6-21-2023)