The following conditional uses may be authorized by the Township Supervisors pursuant to the standards and criteria specified herewith.
(A) Day-care/family day-care homes.
(1) All activities shall be conducted in a private detached single-family residence.
(2) Activities shall be limited to functions normally associated with the part-time tending of children and shall not include overnight lodging.
(3) Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood.
(4) Safe off-street pickup and dropoff areas shall be provided at the site.
(5) Outdoor play areas shall be fenced to control access to adjacent properties and vehicular ways. No portion of the outside play areas shall be less than 30 feet from a neighboring dwelling without the owner’s written consent. Outdoor play shall be limited to the hours between 6:00 a.m. and 9:00 p.m., prevailing local time.
(6) A minimum of 100 square feet of usable outdoor play space and 20 square feet of usable indoor space shall be provided for each child present at the facility, including resident children.
(7) Day-care services shall be limited to a total of six children at any one time for the following categories of clientele (a mix of categories shall be permitted).
(a) Infants and toddlers. There shall be no more than four infants and/or toddlers in a family day-care home at any one time, including relatives of the caregivers. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)
(b) Preschoolers. At no time shall the number of children in care exceed six, excluding relatives of the caregiver. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)
(c) School age children. At no time shall the number of children in care exceed six children, excluding relatives of the caregiver. (Note: for purposes of these requirements, “relative” shall be deemed to be a child, stepchild, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, stepbrother or stepsister.)
(8) Day-care/family day-care homes shall comply with the then current editions of the IBC (International Building Code) National Fire Prevention Code and the IBC (, National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act (see 35 P.S. §§ 1221 et seq.).
(9) All rules, requirements and guidelines promulgated in the Day Care Service For Children Regulations Family Day Care Homes, Chapter II, § 8c of the Pennsylvania Department of Public Welfare Social Services Manual, effective June 13, 1981, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required township zoning and occupancy permits.
(B) Day-care center.
(1) Day-care centers shall be located only in commercial, public or semipublic institutional buildings, such as schools, churches, governmental or similar structures that meet all requirements specified by the Pennsylvania Department of Public Welfare for such activities. Day-care centers shall not be conducted in conjunction with single-family residential dwellings. When conducted on multi-family premises, all day-care center operators shall be completely separate and distinct from residential uses.
(2) Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care.
(3) Operational hours shall be limited to the hours between 6:00 a.m. and 9:00 p.m., prevailing local time.
(4) Day-care centers shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act.
(5) All rules, requirements and guidelines promulgated in the Regulations For Child Day Care Centers, Chapter II, § 8A of the Department of Public Welfare Social Services Manual, effective April 2, 1978, and any amendments subsequent thereto, shall be strictly observed. All required state licenses and certifications shall be obtained as conditions precedent to granting of required township zoning and occupancy permits.
(C) Recreation/private and commercial, indoor and outdoor.
(1) No use activities shall be permitted or conducted in any required front, side or rear setback area.
(2) No use activities shall be permitted or conducted within 100 feet of any adjoining R-1 or R-2 Residential District.
(4) Fencing may be required in cases where deemed necessary by the Township Supervisors or the developer for purposes of safety, security or design. The installation, material and design of the fencing shall be subject to recommendations and final approval of the Board of Supervisors.
(6) All lighting shall be designed and utilized in a manner that is compatible with residential uses within viewing distance of the site.
(7) Provisions shall be made for the safety and welfare of individuals and property both on-site and off-site, consistent with the projected use.
(E) Funeral home.
(1) Parking and cortege formation in conjunction with funeral home operations shall be accommodated on site.
(2) Ingress and egress of traffic shall be coordinated with local traffic movements and volumes in a manner that will preclude safety hazards.
(3) Advertisement and location signing shall be limited to one sign not exceeding 12 square feet in area.
(4) On-site activity shall be screened from abutting properties with aesthetically acceptable fencing or dense evergreen plant materials providing a continuous opaque visual barrier.
(F) Group residential facility.
(1) The services shall be provided in a family environment as opposed to an institutional structure or setting.
(2) The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.
(3) The number of residents in any single group residential facility shall be limited to no more than eight persons, including client residents, staff and family of staff. Clients shall be limited to no more than six ambulatory persons.
(4) Supervision shall be provided by responsible and appropriately qualified adults on duty, on the premises on a 24-hour-a-day basis. A minimum of one such adult shall be in residence at the facility and on duty at all times.
(5) Lot, yard and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum of 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.
(6) In addition to normal residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every two resident clients.
(7) A group residential facility shall be located not less than 2,500 lineal feet from any other group residential facility.
(8) A group residential facility shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act (see 35 P.S. §§ 1221 et seq.). Prior to issuing of a zoning permit, the facility shall be inspected by a representative of the local fire department to ascertain structure layout, fire escapes and other related information.
(9) Sanitary facilities, consisting of a sink, water closet, and tub or shower shall be provided at a ratio of one each for every four inhabitants of the facility.
(10) A dining area shall be provided which is of sufficient size to accommodate all clients and residents at a single seating.
(11) A minimum of 72 square feet of contiguous sleeping and personal area shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of common use areas such as circulation areas, storage areas, dining areas, kitchen and food preparation areas, gamerooms and related recreation or instruction areas and other common use spaces.
(12) A license or certification shall be obtained from the commonwealth, Department of Labor and Industry, Department of Public Welfare and any other state or county agency having jurisdiction, prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surrounding properties.
(13) The sponsor shall file annually with the Township Administrative Secretary/Treasurer and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use and the full conditional use procedure for obtaining a new use shall be exercised.
(14) In considering a request for establishment of a group residential facility under the provisions for conditional uses in the township, the Planning Commission may recommend, and the Township Supervisors may attach, any reasonable conditions and safeguards beyond those expressed in this chapter and other applicable codes duly enacted.
(15) Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.
(G) Planned unit residential.
(1) Application process. The application process for approval of planned unit residential development as a conditional use shall be consistent with Pennsylvania Act 170, 1988, as amended, (see 53 P.S. §§ 10101 et seq.) and shall consist of the following steps.
(a) An application for tentative approval shall be filed by or on behalf of the landowner.
(b) All planning matters shall be determined by the Township Supervisors.
(c) Within 60 days following conclusion of the first public hearing, an official written communication shall be transmitted to the landowner which either:
1. Grants tentative approval;
2. Grants approval, subject to conditions; or
3. Denies approval.
(d) Tentative approval shall not qualify a plat for recording nor authorize the issuance of any permits.
(e) Following tentative approval, an application for final approval may be submitted for the entire development site or incremental parts thereof.
(f) Public hearings on applications for final approval shall not be required, provided the application is in compliance with the tentative plan previously given approval.
(g) The Township Supervisors shall act on the application for final approval within 45 days of filing.
(2) Contents of application.
(a) The application for tentative approval shall include the following:
1. A location map of the site at a scale no smaller than one inch equals 100 feet, showing boundaries, road systems and land uses within one-half mile of the site perimeter;
2. A site plan of the project which shall define the location of proposed uses; state the acreage by proposed use; show density of dwelling units; include street system plans for traffic and vehicular parking; include plans for sewage disposal systems, stormwater and other utilities; delineate the location of recreation facilities, open spaces and site amenities; and show proposed lot lines and plat designs; and
3. Additional documentation shall include the following:
a. The form of organization proposed to own and maintain common facilities and open space;
b. The substance of covenants, grants of easements or other restrictions to be imposed; and
c. A written statement by the landowner setting forth the reasons why, in his or her opinion, a planned residential development would be in the public interest.
(b) Application elements cited in divisions (G)(2)(a)1. and (G)(2)(a)2. above shall be prepared by a registered landscape architect, architect or civil engineer.
(3) Applications for final approval. Applications for final approval shall include any drawings, specifications, covenants, easements, performance bonds and other such requirements as may be specified by local officials at the time of tentative application approval.
(4) Requirements. The following requirements shall govern the approval and development of all planned unit residential developments in the township.
(a) The minimum land area for a planned residential development shall be ten contiguous acres.
(b) The developer shall provide within the planned development a sanitary sewage disposal system which shall be of sufficient size and design to collect and dispose of all sewage from all present and probable development in the planned development, and shall be constructed and maintained in conformity with the statutes and regulations of the State Department of Environmental Protection and all local regulations.
(c) The developer shall provide within the planned development a storm drainage system which shall be sufficient to dispose of all predictable surface water runoff within the development.
(d) Water service shall be supplied to each structure and facility to be erected in the development. Water shall be supplied by a certified public utility, a bona fide association of lot owners, or by a municipal corporation, authority or utility.
(5) Permitted uses. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes:
(a) Single-family detached dwelling;
(b) Townhouse units;
(c) Apartment buildings not to exceed three stories in height nor to exceed 12 dwelling units per structure;
(d) Public or private park or recreation which may include golf courses, swimming pools, tennis courts, ski slope, toboggan run, ice skating rink and similar uses approved by the Township Supervisors;
(e) Schools; and
(f) Church, parsonage or convent.
(6) Percentages of land area. Within a planned residential development, the following percentages of the total land area shall be devoted to the specified uses listed herewith:
(a) A maximum of 80% for residential use; land devoted to residential use shall be deemed to include dwelling structures and buildings accessory thereto, streets, alleys, parking areas, private open spaces that abut and service residences or groups of residences; and
(b) A minimum of 20% for open air recreational uses and other usable open space but it shall not include usable open space which is available for use by the general public. USABLE OPEN SPACE shall be defined as an open area designed and developed for use by the occupants of the development for recreation, communal courts, gardens or household service activities. This space shall be effectively separated from automobile traffic and parking and readily accessible; space devoted to streets and parking shall not be included.
(7) Residential density. Residential density shall not exceed four dwelling units per gross acre of land within the development.
(a) There shall be no minimum lot size, setbacks, percentage of lot coverage or lot width, except as otherwise required below.
(b) Every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use.
(c) No structure or group of related structures shall be erected within 50 feet of any other structure or group of structures.
(d) There shall be a yard setback of at least 50 feet along the perimeter of each planned residential development tract and adjacent to all adjoining roads.
(e) No structure shall exceed three stories in height.
(f) There shall be no continuous structure of townhouses containing more than four dwelling units.
(8) Open spaces between structures. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications.
(9) Organization or trust. In cases where the township will not be accepting dedications of streets, recreation areas or open spaces, the landowner shall provide for an organization or trust for ownership and maintenance. In the event of default, the township may assume control and the resulting costs may be assessed against the properties that have right of enjoyment of these spaces and facilities as specified by applicable state statutes (Act 170-1988; see 53 P.S. §§ 10101 et seq.).
(10) Roads, alleys and parking areas. The dimensions and construction of roads, alleys and parking areas within the development, whether or not dedication to the township is contemplated, shall conform with all applicable township ordinances and regulations.
(11) General landscaping plan. A general landscaping plan shall be required at the time of the original submission to be followed by a detailed landscaping plan prior to final approvals. Existing trees and natural amenities of all types shall be preserved where feasible. A grading plan and erosion and sedimentation plan shall be provided prior to any construction or site development activity. All manufactured slopes shall be planted or protected from erosion and shall be of a character to blend with surrounding terrain.
(12) Layouts. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise and other potentially adverse influences shall be established in a manner that will protect residential character within the project site area and in any adjoining area. Parking areas shall be landscaped, paved and visually screened from adjacent structures through the use of planting, grade changes or similar appropriate means approved by the Planning Commission.
(13) Internal streets. All internal streets shall be oriented and designed in a manner that will discourage use by through traffic.
(14) Pedestrian and bicycle circulation system . A pedestrian and bicycle circulation system shall be established to serve all elements within the development. The pedestrian and bicycle circulation system shall be reasonably segregated from vehicular traffic to provide separation of vehicular and pedestrian movement.
(15) Utilities. All utilities, including telephone, television cable and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require on-grade installation must be effectively screened.
(H) Institutional facility.
(1) The application shall include and be supported by documents, maps, plans and other materials that contain the following information and such other related data as may be specified by the Township Planning Commission and/or Supervisors:
(a) Name and address of the owner and/or applicant and a statement that the applicant, if not the owner, has the permission of the owner to make application and act as agent for the owner;
(b) Legal description, street address, and other identifying data concerning the site;
(c) A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity. This data shall include a complete description of proposed supervision procedures and policies;
(d) A dossier on the organization and all principals involved in any manner with the control, establishment and operation of the facility for which the application is being made, including organizational structure, financial status, experience, qualifications, references and any pertinent documentation deemed necessary by township officials to evaluate the application;
(e) A site plan showing proposed development of the site, including topography, building locations, parking, traffic circulation, usable open space, landscaped area and utilities and drainage features;
(f) Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior plan of all buildings; and
(g) Such additional material as may be prescribed or that the applicant may submit pertinent to the application and to the findings prerequisite to the issuance of a conditional use permit.
(2) All uses in conjunction with a conditional use permit issued by the Township Supervisors pursuant to this division (H) shall comply with the following:
(a) Compliance with any and all local, state, county and federal laws and regulations relating to the approval, development and operation of the facility; and
(b) The correction within the time specified of any violation by the facility owner or operator of any local, county, state or federal law, regulation, rule or enforcement order or any condition to any permit, license or authorization of authority issued in connection with the facility.
(3) The applicant shall obtain, as required, from each appropriate local, county, state and federal regulatory agency or authority, a permit issued in accordance with all applicable regulations for the proposed use. In the event any required permits have not been issued at the time Township zoning approval is requested, the zoning approval shall be expressly conditioned on the grant of necessary permits. At the time of making application to such local, county, federal or state authorities, the applicant shall file with the Township Administrative Secretary/Treasurer, a copy of each state or federal application with supporting documentation for the proposed use.
(4) All facilities shall be served by public water facilities as provided by a duly constituted water authority consistent with all rules and regulations thereof.
(5) In the absence of public sanitary sewerage facilities, a central private sewage disposal processing plant shall be established to serve all planned site requirements. Plans for said facility shall be approved by the Pennsylvania Department of Environmental Protection prior to conditional use approval under the terms of this chapter.
(6) The site shall be a minimum of five contiguous acres and shall meet all requirements specified in § 153.078 of this chapter.
(7) Institutional facilities shall comply with the then current editions of the IBC National Fire Prevention Code and the IBC National Building Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act.
(I) Planned industrial district.
(1) A conditional use permit may be granted for planned industrial developments within the A-1 Agricultural District subject to the requirements of this section and the procedures specified in § 153.262 of this chapter.
(2) Applications for a conditional use permit shall include the following data:
(a) A survey drawn to scale prepared by a licensed professional land surveyor, registered in the commonwealth, showing the exact size, shape and dimensions of the site proposed for development;
(b) The exact size and location of all existing buildings and structures on the lot;
(c) The proposed size and location of structures or buildings proposed to be erected, moved, repaired or altered;
(d) All adjacent streets with traffic flow patterns;
(e) A written description of the proposed scope of the projected activity, including the estimated maximum number of shifts, employees and employment per shift of all use activities;
(f) A description of all proposed fuels to be used for heating and in business processes;
(g) Plans of all utility supply and service components prepared by a registered civil engineer;
(h) Proposed parking facilities including the size, arrangement and number of parking stalls, placement of lighting standards, landscape treatments and paving details;
(i) A circulation plan for all vehicles, including ingress and egress drives for all off-street parking and loading areas both front and rear, to ensure the prevention of blockage of vehicles entering and leaving the site, to provide for clear lines of vision and to illustrate buffering and general aesthetic provisions;
(j) Preliminary architectural and engineering sketches showing plan levels, elevations and other necessary information related to water runoff control, slope, contours, type of building construction and the like;
(k) Delineation of areas to be utilized for the exterior storage of materials and type of architectural screen to be provided; and
(l) Such other information as may be required by the Board of Supervisors, the Planning Commission or Chapter 152, Subdivision and Land Development.
(3) The following land area, density and locational requirements shall be strictly applied to all planned industrial districts authorized as conditional uses.
(a) The minimum land area for a planned industrial district site shall be ten contiguous acres.
(b) The maximum land area for a planned industrial district site shall be 25 contiguous acres.
(c) No planned industrial district perimeter boundary shall be located within two lineal miles of the nearest perimeter boundary of any other planned industrial district established or approved as a conditional use in the A-1 Agricultural District.
(d) All planned industrial districts shall be sited adjacent to, and with direct highway access on, either U.S. Route 30, State Route 168 or State Route 151. No traffic shall traverse a township right-of-way, or a private road which is not an integral component of a planned industrial site, for ingress, egress or circulation purposes.
(4) Uses permitted in this district shall be limited to the following:
(a) Business, professional and sales offices;
(b) Food processing, storage, packaging and distribution, exclusive of holding pens, slaughterhouses or related activities or processes such as rendering that are not consistent with the intent and the purposes for which this district is established;
(c) Public works and administrative buildings and utility substations and maintenance depots;
(d) Light manufacturing and processing, as defined in § 153.031 of this chapter, and research and testing laboratories subject to the following:
1. No activities shall be permitted that involve automotive recycling and material salvage yards nor the storage, handling, testing, processing or other use of waste materials, sludge or byproducts thereof that have the potential to cause illness, death or pose substantial threats to the environment when stored, transported, treated, handled or disposed of;
2. Waste materials that shall not be utilized include, but are not limited to, garbage, refuse, sludge and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from residential, municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above;
3. All activities, storage and other aspects of these uses shall take place within enclosed structures, except for ancillary parking and loading, unless otherwise authorized by the conditional use approval granted for the specified use; and
4. Such other factors and criteria as the Planning Commission and/or Township Supervisors deem necessary to protect the public health, safety, general welfare and intent of this chapter.
(e) Printing, engraving and publishing;
(f) Restaurants;
(g) Transportation depots and terminals; and
(h) Warehousing and storage.
(5) The following design, development and aesthetic standards and provisions shall be required.
(a) Uses and buildings shall be planned and organized to achieve a unified and harmonious development of the total site area.
(b) Structures shall not exceed a maximum height of three stories or 40 feet.
(c) The ratio of gross coverage of structures to the total available site area, shall not exceed 0.35.
(d) Minimum front setback of structures from public road rights-of-way shall be 75 feet.
(e) Minimum side and rear setbacks of structures along the perimeter of the property shall be 50 feet.
(f) Minimum setbacks of structures for internal lots within the development (lots not adjacent to public rights-of-way or adjoining properties) shall be as follows:
1. Front setback: 40 feet;
2. Side setback: 20 feet; and
3. Rear setback: 25 feet.
(g) No parking or loading areas shall be permitted within 50 feet of any public right-of-way nor within 30 feet of any other site boundary.
(h) Parking shall be provided as required by the applicable sections of §§ 153.200 through 153.204 of this chapter. One or more parking lots may be designed to serve a multiple number of activity sites so long as none of the requirements of this chapter are violated. The aggregate of all available spaces shall equal the sum required to serve all proposed uses. Owners or tenants of lots shall not permit their employees, tenants or visitors to park on public streets. All areas used for driveways, loading, service, parking or vehicular storage shall be surfaced with paved surface subject to standards specified by the Township Engineer as appropriate.
(i) No loading dock shall be constructed facing on any public street or highway unless such loading dock and every part thereof is at least 75 feet from the right-of-way line of the street or highway on which such loading dock fronts and such loading dock is concealed by use of landscaping and earthen barriers. Truck and trailer maneuvering shall be confined to the property. Loading and parking areas shall be screened by landscaped earthen barriers or planting.
(j) Streets within the development shall be constructed in accordance with the prevailing specifications for local street construction in the township as set forth in Chapter 152, Subdivision and Land Development.
(k) Signs shall conform to the requirements specified in § 153.184 of this chapter. No flashing, animated or portable signs will be permitted and no building sign shall project above the roofline of the building.
(l) All utilities shall be located underground. Fire hydrants, where required, and street lighting shall be provided by the developer and properly located consistent with local standards as enumerated by providing agencies controlling jurisdictional authority or prevailing industry standards.
(m) Storm drainage and facilities shall meet all requirements of § 152.086 of Chapter 152, Subdivision and Land Development, and other applicable state and township requirements.
(n) All ground areas of the site not covered by buildings, paved parking, interior roadways and service areas shall be landscaped. Front yard areas shall be landscaped with lawn and/or other plant materials such as trees and shrubs. Side and rear yards and all slopes shall be covered by grass, ground cover or other appropriate plant materials. Paved areas and roadways shall be limited to portions of the site required for efficient operation of permitted business activities. In no instance shall paving cover more than 25% of the gross site area.
(o) Sight buffers consisting of plant materials or other appropriate treatments shall be established and maintained along a site perimeter when deemed necessary by the Board of Township Supervisors to protect the environmental quality and/or aesthetic and monetary values of residential properties that are adjacent to or in reasonably close proximity to the development site. Natural vegetation or existing topographical conditions may be utilized, if approved by the Supervisors as adequate, to achieve the purposes of a buffer. Planting, walls, fencing or other treatments incorporated in buffer corridors, as required and approved by the Board of Supervisors, shall be sufficient to provide year-long visual screening from residential uses. Buffers shall be established consistent with the following minimum standards.
1. The required buffer strip shall be established along the property perimeter in a manner best suited to achieve its screening purpose. Plant materials, other than lawn and ground covers not exceeding 18 inches above grade level, shall not be located within four feet of a highway right-of-way line.
2. The required buffer shall have a height adequate to achieve its purpose. Plant materials shall consist of dense evergreen plants of a kind and used in a manner so as to provide a continuous opaque screen within 36 months after planting. The Township Supervisors shall require new planting or alternative screening if an opaque buffer is not achieved within said period.
3. Initial planting shall consist of evergreen plant materials such as white pine, red pine, Austrian pine or other conifers with a similar growth rate.
4. Trees shall have a minimum initial height of five feet when planted.
5. Plant materials shall be spaced at a minimum distance of ten feet on center in a double line or otherwise located in a manner and density that a complete screening purpose is achieved within 36 months.
(p) Walls, fences and similar structures may be used alone or in conjunction with plant materials to create a required buffer strip if approved by the Township Supervisors pursuant to the following standards and criteria.
1. Structures shall be sited and erected consistent with all provisions of this chapter.
2. Structures shall be aesthetically compatible with adjacent residential and related uses in terms of material, styling and color.
3. No advertising shall be permitted in conjunction with said structures.
(q) Outdoor storage areas shall be permitted only in areas that do not front on a public highway and shall be permitted only if areas are enclosed or screened by walls, planting or other barriers providing year-round visual screening.
(r) Development may be constructed in phases.
(s) Development shall be constructed consistent with an approved master plan of the total contiguous site holdings of the developer. Subsequent stages of development shall constitute economically sound and aesthetically compatible units of expansion with respect to the subject site as well as to surrounding areas of the community.
(t) All contemplated structures and uses shall be designed to ensure compatibility with the character of perimeter areas and the community in general. Development plans for all projected immediate and long-range construction and the improvement of existing structures shall be reviewed by the Planning Commission and approved by the Board of Supervisors to ensure compatibility and harmonious integration with surrounding development and the general vicinity.
(u) Site plan design and requirements.
1. The site plan must present a unified design consisting of an organized arrangement of buildings, service facilities, parking and circulation systems. Buildings shall be sited in conformity and harmony with neighboring sites. The elevation, orientation and setback of the proposed buildings shall not detract from the view or appearance of adjacent buildings.
2. Harmony with the existing topography is required. The exterior of buildings shall be treated as an overall design concept. Colors, materials and finishes shall be coordinated on all exterior elevations of the building to achieve design continuity. No exterior walls or roofs may be faced with exposed corrugated or sheet metal. Architectural metal wall panels with an exterior face of extruded aluminum, stainless sheet, porcelain enameled metal, galvanized, bonderized steel sheet or anodized aluminum may be used.
3. All mechanical equipment if visible outside of a building shall be screened from view. Roof mounted mechanical equipment that projects vertically more than 24 inches above the roof or roof parapet, when viewed from street level, shall be screened by an enclosure.
(v) Lighting fixtures shall be designed for area illumination and utilize shielded or screened lamps designed to control glare. Floodlighting shall be used only for wall washing and sign illumination. All wiring for site lighting will be installed underground. Lighting fixtures should be compatible and harmonious throughout and should be in keeping with the design and function of the building.
(w) Water supply, sewage disposal and site drainage plans shall be prepared by a civil engineer. All waste disposal shall be in compliance with US/EPA and PADEP requirements and certified accordingly. All utility lines shall be placed underground.
(6) Performance guarantees: the developer shall provide easements, covenants and other necessary arrangements and furnish performance bonds and assurances, as determined necessary by the Township Solicitor to reasonably assure performance in accordance with the plan, and to protect the public interest in the event of abandonment prior to completion.
(J) Underground coal mine.
(1) A conditional use permit may be granted for underground coal mining within the A-1 Agricultural District subject to the requirements of this section and the procedures specified in § 153.262 of this chapter.
(2) A conditional use permit shall be granted for underground mining operations only after the applicant has obtained, from each appropriate state and federal regulatory agency or authority, a permit issued in accordance with all applicable state and federal laws and regulations for the proposed use. In the event such permits have not been issued at the time township’s zoning approval is requested, the applicant’s zoning approval shall be expressly conditioned on the granting of necessary permits as required by the appropriate state and federal agencies or authorities. At the time of making application to such federal or state agencies, the applicant shall file with the Township Administrative Secretary/Treasurer a copy of each state or federal application with supporting documentation for the proposed use. The applicant shall also provide the township with a written irrevocable acknowledgment that, as a condition to the continued validity of any permit issued by the township, the owner or operator will continue to maintain, after issuance, a valid permit pursuant to all local, state and federal laws and regulations, rules, enforcement orders and conditions.
(3) The following regulations shall govern the application process, development and use of coal mining portals and associated operations.
(a) Conditional use authorizations in A-1 and I-1 Districts: said authorizations in these zoning districts shall be limited to mine portals and associated operations for the primary purpose of gaining access from the surface to an underground mine. These regulations shall be applied as the primary basis for evaluating applications for persons or equipment.
(b) The lot area for a mining portal shall be a minimum of 25 acres.
(c) All structures, operational activities and parking areas that are visible from any structure or adjacent parcels used for residential and related purposes shall be screened in accordance with the requirements of division (J)(4)(i) below.
(d) Applications for conditional use approval shall include:
1. A description of plans for transporting materials, products and equipment for the facility and provisions and assurances for the repair of any damages to road systems which may occur due to the proposed construction and subsequent operational activities;
2. A site plan drawn at an appropriate scale, showing all structures, parking, traffic circulation, landscaping, buffers, security features and other development elements;
3. An architectural plan drawn at an appropriate scale showing structural files and related architectural features of all contemplated structures;
4. Water supply, sewage disposal and site drainage plans prepared by a civil engineer;
5. A written description of the proposed scope of operations, including the estimated maximum number of shifts, employees and employment per shift;
6. A description of activity levels to include existing or proposed machinery, processes and products; specifications for the mechanisms and techniques used, or proposed to be used, in restricting the possible emission of any dangerous and objectionable elements; measurements of the amounts of rates of emission of any dangerous and objectionable elements; and the means to be employed to monitor all such operations;
7. Any additional pertinent data as may be required by the Zoning Officer, Planning Commission and Board of Township Supervisors; and
8. All state and municipal code requirements shall be met consistent with the primary use of the site and associated structures.
(4) The following shall govern the development and use of adjunct mining facilities such as bore holes and ventilating shafts required for, and used in conjunction with, underground coal mining operations to supply air and power, ventilate air or gas or remove water from coal mines. These regulations and requirements shall be applied as the primary basis for evaluating applications for conditional use adjunct facility authorizations in A-1 and I-1 Districts:
(a) A description of the character, timing and duration of the proposed operation, including plans showing the location of the site, all access routes from the public roads, area and extent of the proposed activity;
(b) The location and identity of ownership of all structures and land uses that may be affected by the proposed operation and measures that will be taken to protect all structures and land uses from adverse impacts from the proposed use;
(c) The plans for restoring and reclaiming the areas following discontinuance of the underground mining;
(d) A description of plans for the transportation of materials and equipment to construct the facility and measures that will be taken to protect adjacent property and maintain all roads within the township that are used to transport materials and equipment and to repair any damages to the roads which may occur as a result;
(e) A description of how the proposed use and facility will meet all applicable local, state and federal laws and regulations concerning construction standards, sanitation, water supply and fire protection;
(f) A site plan of the proposed facility showing all structures, facilities accessways, fencing and screening provisions;
(g) The lot for a bore hole shall not be less than one-half acre and such bore hole shall not be located within 50 feet of any property line;
(h) Every ventilating shaft, including all structures intended to supply air or power to underground coal mines, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained;
(i) Fencing; buffer strip.
1. All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other material, with the entire fence being constructed in such a manner so as to prevent the entry onto the portion of the premises on which the use is situate by unauthorized persons, domestic animals or livestock.
2. For each use that is visible from any structure used for residential, cultural, social, educational, recreational, religious or similar purposes, there shall be a buffer strip of land planted and maintained for screening purposes. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 12 months after commencement of operations in the area to be screened. The Board of Township Supervisors shall require that either new planting or alternative screening be provided if after 12 months the plant materials do not provide an opaque screen.
(j) No person shall cause or permit any steady-state sound to emanate from a property utilized for adjunct mining operations which exceeds the levels set forth below. Standards shall apply and sound measurements shall be taken within 25 feet of any building, located in any district (except the I-1 District) which is used primarily for human habitation, sleeping, cultural, social, educational, recreational, religious or similar activities. Suitable baffles shall be utilized to protect the adjacent properties from noise of exhaust fans consistent with the following requirements:
1. Maximum noise level at property line, 7:00 a.m. to 10:00 p.m.: 75 dBA; and
2. Maximum noise level at property line, 10:00 p.m. to 7:00 a.m.: 70 dBA.
(k) The applicant shall have acquired sufficient legal or equitable interest in the real property in which the site of the adjunct coal mining facility is located to provide a basis for seeking the use permits.
(K) Older adult daily home living facility.
(1) The services shall be provided in a family environment as opposed to an institutional structure or setting.
(2) No facility shall include business or professional offices, business activities, fraternal or social clubs, child care, hospitals, clinics or other such activities.
(3) The number of clients in any single facility shall be limited to no more than eight clients.
(4) Supervision shall be provided by responsible and appropriately qualified adults on duty on the premises at all times.
(5) No facility shall be located less than 2,500 lineal feet from any other group residential facility, child day-care facility or older adult daily living facility.
(6) In addition to normal residential requirements, sufficient off-street parking and dropoff/pickup areas shall be provided to accommodate all traffic associated with the facility.
(7) Obstruction-free accessways for emergency vehicles and services shall be provided.
(8) Signs shall be limited to identification boards, emblems or similar devices not to exceed four square feet in total area.
(9) All lighting shall be compatible with the standards and generally accepted uses prevailing in the immediate residential vicinity.
(10) A minimum of 500 square feet of usable indoor space shall be provided for use of facility clients and a minimum of 800 square feet of appropriate outdoor space shall be provided for passive recreation purposes. All lot, area and dimensional requirements of the zoning district shall apply to this use.
(11) All facilities shall comply with the current editions of the IBC National Fire Prevention Code and the CABO One- and Two-Family Dwelling Code and with the Pennsylvania Fire and Panic Act and regulations promulgated pursuant to that Act. Prior to issuing of a zoning permit, the facility shall be inspected by a representative of the local fire department to ascertain structure layout, fire escapes and other related information for use in emergency situations.
(12) A license or certification shall be obtained from the Pennsylvania Department of Aging under 6 Pa. Code Ch. 11, and other state or county agencies having jurisdiction, prior to the issuance of a certificate of occupancy.
(13) The applicant shall demonstrate to the Township Supervisors that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to the surrounding properties. Further, the application shall be accompanied by an outline of services to be rendered to clients, including daily activity schedules, provisions for nutritionally balanced lunches and snacks, social interaction, health monitoring and other anticipated functions.
(14) Operations of the facility shall be limited to day-care and shall not include overnight accommodations for clients.
(15) The sponsor shall file annually with the Township Administrative Secretary/Treasurer and the Zoning Officer information certifying that the facility continues to adequately meet the conditions of the original approval. Changes of sponsorship or of any conditions of original approval shall constitute a new use and the full conditional use procedure for obtaining a new use shall be exercised.
(16) In considering a request for establishment of a facility under the provisions for conditional uses in the township, the Planning Commission may recommend, and the Township Supervisors may attach, any reasonable conditions and safeguards beyond those expressed in this chapter and other applicable codes duly enacted.
(17) Documentation shall be submitted which certifies approval of sewage disposal provisions by the Sewage Enforcement Officer, and certification shall be provided from competent sources that adequate water supply is available.
(L) Older adult daily living center.
(1) Older adult daily living centers shall be located only in commercial, public or semipublic institutional buildings, such as schools, churches, governmental or similar structures that meet all requirements specified by the Pennsylvania Department of Aging for such activities. Centers shall not be conducted in conjunction with single-family residential dwellings. When conducted on multi-family premises, all operations shall be completely separate and distinct from residential uses.
(2) Activities and functions shall be limited to those within the scope of the use as defined in this chapter and the criteria cited hereinbelow.
(3) Centers shall be limited to and conducted as specified by the standards and criteria enumerated by divisions (K)(4), (K)(6), (K)(7), (K)(11), (K)(12), (K)(13), (K)(14), (K)(15), (K)(16) and (K)(17) above.
(4) All lot, area and dimensional requirements of the zoning district shall apply to this use.
(M) Cellular communications antenna/tower.
(1) The application for conditional use shall include a development and operation plan. The following information, and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved, shall be included:
(a) A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use;
(b) The location and identity of ownership of all structures and land uses that may reasonably be deemed to be affected by the proposed facility and operation, and measure that will be taken to protect all structures, inhabitants and land uses from adverse impacts from the proposed use;
(c) A description of plans for transportation of materials and equipment to construct the facility and provisions and assurances for the repair of any damages that may occur to road systems or property due to the proposed construction and subsequent activities;
(d) When applicable, the applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use;
(e) Complete plans of the proposed tower and all auxiliary structures and support facilities, including assurances, certified by qualified licensed engineers and/or architects, as to the integrity and safety of proposed site structures. The Township Supervisors may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for, or the adequacy of, safety and compliance with this chapter;
(f) A site plan of the proposed facility showing all structures, facilities, accessways, fencing and screening provisions;
(g) Water supply, sewage disposal and site drainage plans prepared by a civil engineer; and
(h) A description of how the proposed use and facility will meet all applicable local, state and federal laws and regulations concerning construction standards, sanitation and sewage disposal, water supply and fire protection.
(2) The minimum site area for the facility shall be four contiguous acres.
(3) All structures shall be set back from site property lines a distance equal to or greater than their total height above ground level, notwithstanding any other provisions of this chapter.
(4) There shall be a building setback of at least 100 feet along the perimeter of the development tract and adjacent to all adjoining roads.
(5) The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.
(6) Suitable landscape screening or buffers shall be developed, if deemed necessary by the governing body of the township, to minimize visibility of outside storage or ground level operational functions if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.
(7) All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other material. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock.
(8) Provisions for all vehicular ingress and egress in conjunction with the site shall be approved by affected property owners and state and township officials to ensure public safety and the maintenance of unhindered and efficient traffic movements on adjacent road systems.
(9) All applicable parking, sign and other requirements of this chapter shall apply and must be documented as part of applications submitted for conditional use approvals.
(10) The applicant shall provide the written opinion of a qualified professional certifying the current cost of the dismantling and removal of the tower and associated facilities. The township, at its option, may secure the opinion of another professional to verify the accuracy of the figures submitted, and the applicant shall bear the cost of obtaining such opinion.
(a) As a condition of the issuance of the permit, applicant shall agree to dismantle and remove the tower and associated facilities promptly should its use ever be abandoned.
(b) The issuance of a permit for the erection of a tower shall be conditioned on the applicant’s posting of a surety bond guaranteeing the dismantling and removal of the tower should its use ever be abandoned. The amount of the bond shall be equal to 120% of the cost of removal of the tower. The amount of the bond shall be adjusted annually in accordance with the Consumer Price Index as published by the U.S. Department of Labor.
(11) No building permits shall be issued until after final approval of the application and the final approval and recording of the subdivision site plan.
(N) Mini-warehouse and self-storage units.
(1) The minimum site area required shall be two acres.
(2) The site shall have frontage on and direct vehicular access to an arterial or collector street as defined in § 152.015 of this code of ordinances.
(3) Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.
(4) All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.
(5) Parking shall be provided in accordance with the following:
(a) Two spaces for manager’s quarters, if any;
(b) One space for each 25 storage units, which spaces shall be located near the manager’s quarters or office to be used by prospective customers; and
(c) One space for each ten storage units equally distributed throughout the storage area to be used by the customers.
(6) The perimeter of the site shall be fenced with minimum eight-foot-high chain link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque.
(7) Maximum building height shall be 20 feet.
(8) Maximum length of any storage building shall be 200 feet.
(9) The minimum distance between storage buildings shall be 20 feet.
(10) Maximum lot coverage by all buildings shall be 60%.
(11) Office space may be provided which shall not exceed 5% of the total area devoted to storage.
(12) Storage units shall not be equipped with water or sanitary sewer service.
(13) No business activity other than rental of storage units shall be conducted on the premises.
(14) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.
(15) Exterior finishes of the storage units shall be compatible with the character of development on the adjoining properties.
(16) No sign shall be on the buildings or on their rooftops.
(17) Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.
(2003 Code, § 170-13) (Ord. 2-93, passed 5-4-1993; Ord. 1-98, passed 3-3-1998; Ord. 2-98, passed 8-4-1998; Ord. 3-98, passed 10-6-1998; Ord. 1-2004, passed 6-7-2004; Ord. 1-2009, passed 1-22-2009)