Chapter 27 - Part 19 - Conditional Uses
§1901. GENERAL STANDARDS.
The following general standards shall be used as guidelines by the Planning Commission and Board of Township Commissioners in acting upon applications for conditional uses. In passing upon such applications, the Commission and/or Board shall determine:
A. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. That the conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
C. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
D. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and to facilitate the circulation and movement of pedestrian and vehicular traffic.
E. That adequate utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, access roads and other necessary facilities have been or are being provided.
F. That the intended purpose of the proposed use is not inconsistent with the planning policies of this Township as contained in the comprehensive plan and this Chapter.
(Ord. 84?2, 3/29/1984, §1800)
§1902. SPECIFIC STANDARDS.
The following conditions, standards and criteria shall be applicable to the specific conditional uses indicated below, shall qualify or supplement all other requirements set forth in this Chapter and shall be applicable in addition to the special standards and findings set forth in Part 18.
(Ord. 84?2, 3/29/1984, §1801)
In granting a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and of the Municipalities Planning Code.
(Ord. 84?2, 3/29/1984, §1802)
Where cemeteries are permitted as a conditional use, the following standards and criteria shall apply:
A. A cemetery shall not be located within 500 feet of a residential use; provided, however, that this restriction shall not be applicable to a caretaker's residence.
B. A complete site development plan shall be submitted and the following information shall be shown thereon:
(1) Site location.
(2) Metes and bounds of tract.
(3) Location of all existing structures and identification of use.
(4) Layout of plots, vaults, etc.
(5) Location of any proposed buildings or improvements
(6) Location of all utilities.
(7) Location of all access drives and parking area.
(8) Existing and proposed contours.
(9) Proposed landscaping.
(10) Storm drainage calculations
C. The Township Engineer shall review all site development plans and make written recommendations to the Planning Commission.
D. All permits, licenses and approvals required by any State or local agencies shall be obtained before issuance of a conditional use permit.
(Ord. 84?2, 3/29/1984, §1803)
§1905. TRANSFORMER SUBSTATIONS.
Where transformer substations are permitted as a conditional use, the following standards and criteria shall apply:
A. The side, front and rear yard requirements for the zone in which the transformer substation is to be located shall be observed. The minimum lot area for a residential use need not be observed.
B. The equipment shall be surrounded by an anchor type, wire fence not less than 8 feet in height and topped by barbed wire or a masonry wall not less than 8 feet in height.
C. The required fence or wall shall be surrounded by a permanent evergreen shrubbery or tree planting of a type that will grow to not less than the heights of the fence or wall.
D. The required side, front and rear yards shall be landscaped with any combination of lawn, trees or shrubs and maintained in a neat and orderly manner.
E. Necessary access walks for personnel and vehicular service driveways may be installed.
F. Where a vehicular service driveway serves the facility from the front and thus precludes the planting of evergreen shrubbery in front of the entrance gate, the gate shall be constructed of solid materials, either wood or metal, and shall not contain less than 50% solid material in ratio to open space.
G. The plans accompanying an application for a building permit shall clearly indicate the manner in which the requirements set forth herein will be satisfied.
(Ord. 84?2, 3/29/1984, §1804)
§1906. MOBILE HOME PARKS.
It is the intent of this Section, with respect to mobile home parks, to establish standards of development and promote the desirable benefits which planned mobile home parks may have upon the community and the residents within it. It is further the intent of this Section to ensure the compatibility and interdependency of proposed mobile home developments with essential utilities and surrounding land uses in the Township.
A. Use Regulations. Mobile home parks are permitted only as conditional uses in the R?T, Residential Town districts and provided the tract to be used as a mobile home park meets the criteria of this Chapter.
(1) Residential Uses. A mobile home park may contain mobile homes, single family detached modular homes and conventionally built, single family, detached homes. Travel trailers or motor homes shall not be permitted as places of habitation in a mobile home park.
(2) Nonresidential Uses. A mobile home park shall not be used for any nonresidential purpose except that accessory uses which are required for the direct servicing, recreation and well being of the residents and management for the maintenance of the park may be permitted.
B. Conditional Use Application. Any person desiring to use a tract of land for a mobile home park shall make application for a conditional use. In addition to all other requirements of such application, the applicant shall submit as part of the application a tentative sketch plan indicating basically how the applicant intends to develop the property along with sufficient data to document compliance with the standards specified in this Chapter.
(1) Limitation of Approval. If a conditional use application for a mobile home park is otherwise approved by the Board of Township Commissioners, said Board shall prescribe the time during which the applicant shall be entitled to proceed with the submission of a land development plan under the Hampden Township Land Development Ordinance [Chapter 22], which time shall be not less than 6 months or more than 24 months. If the applicant does not proceed with such subdivision within the time prescribed, the conditional use approval shall expire and become void. [Ord. 98-7]
C. Specific Conditional Use Criteria. In addition to the general standards as set forth in §1901 of this Chapter, an application for a conditional use to develop a mobile home park shall meet the following specific standards:
(1) The tract of land to be developed shall be under single ownership.
(2) Any parcel of land to be used as a mobile home park must have a minimum area of 15 contiguous acres of land.
(3) At least 50% of the site must be composed of land which meets the requirements of §502 of the Hampden Township Land Development Ordinance [Chapter 22]. [Ord. 98-7]
(4) A mobile home park shall be served by the municipal sanitary sewerage system, if available; otherwise, said park shall be equipped with a well or wells supplying a central distribution system with potable water which meets the standards of potability as established by the Commonwealth of Pennsylvania for public utility water systems.
(5) Any land intended for a mobile home park must have direct access to an arterial street or a collector street.
(6) The applicant shall demonstrate to the satisfaction of the Board of Commissioners that he has complied with or will comply with all requirements of any other governmental body having jurisdiction.
D. Site Design.
(1) Building Height Limits. No building shall be erected to a height in excess of 35 feet.
(2) Lot Area and Width. Each mobile home shall be located on a lot with an area of not less than 7,500 square feet and a lot width of not less than 60 feet at the street line.
(3) Lot Coverage. All buildings, including accessory buildings, shall not cover more than 30% of the lot area. At least 50% of the area of the lot shall be maintained with a vegetative material.
(4) Yards. Each lot shall have front, side and rear yards of not less than the depth or width indicated below:
(a) Front yard ? 25 feet.
(b) Side yards ? 10 feet each.
(c) Rear yard ? 25 feet.
(5) Off?Street Parking. Each mobile home lot shall have two off?street parking spaces. Each parking space shall be not less than 9 feet in width by 19 feet in length. [Ord. 98-7]
(6) Street Layout. The interior street system of a mobile home park shall comply with the engineering specifications and regulations of the Hampden Township Land Development Ordinance [Chapter 22]. [Ord. 98-7]
(7) Anchorage and Tie Down. Every mobile home shall be provided with devices for anchoring the unit to prevent overturning or uplift. A concrete platform or a frost free foundation and footer shall be provided for the parking of the mobile home unit. Anchorage may be by eyelets embedded in the concrete or block with adequate anchor plates or hooks or other suitable means. Anchors and tie downs shall be placed at least at each corner of the mobile home. Each anchor and tie down shall be adequate to withstand wind forces and uplift and be able to sustain a minimum tensile strength of 2,800 pounds.
(8) Skirting. An enclosure of compatible design and material of the mobile home shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(Ord. 84?2, 3/29/1984, §1805; as amended by Ord. 98-7, 8/27/1998)
§1907. RESORT HOTELS AND RESORT MOTELS.
Where resort hotels and motels are permitted as a conditional use, the following standards and criteria shall apply:
A. A minimum lot or site area of 25 acres shall be provided.
B. A site development plan showing the following information shall be submitted:
(1) Location of site.
(2) Metes and bounds of tract.
(3) Utilities plan showing both existing and proposed utilities with appropriate cross sections.
(4) Site improvements including streets, paved areas, parking areas, etc., with appropriate cross sections.
(5) Stormwater calculations and a proposed method of stormwater drainage
(6) Improvement plan layout.
(7) Contours of the site at intervals of 5 feet.
(8) Identification of natural features.
C. The Planning Commission shall review all applications under this Section with the Township Engineer serving as a consultant to the Commission.
D. The applicant shall remove only a minimal amount of natural vegetation for the site.
E. Lot coverage of all buildings and paved areas may not exceed 20% of the lot area.
F. The Cumberland County Soil Conservation District shall review proposed plans and make a recommendation prior to recommendation of the Planning Commission.
(Ord. 84?2, 3/29/1984, §1806)
§1908. HOSPITALS, NURSING HOMES AND SANITARIUMS.
1. The lot area shall be not less than 5 acres.
2. No building or structures shall be located within 100 feet of a property line or street.
3. When the development abuts an existing residential use, a planting strip not less than 15 feet in width shall be provided. A planting screen comprised of 50% evergreen material not less than 6 feet in height shall be provided within the strip to screen the buildings and use areas from the adjacent residential use.
4. The development shall be connected to the municipal sewage system or shall provide a disposal facility approved by the Pennsylvania Department of Environmental Protection. [Ord. 98-7]
5. A safe, potable water supply shall be provided. When public water service is not available, the source and system shall be approved by the Pennsylvania Department of Environmental Protection. [Ord. 98-7]
6. A general development plan for the entire development shall be submitted for review by the Board of Commissioners. This plan shall show the location of all buildings and use areas, lawn areas and parking and any screen planting. General plans for stormwater collection, water distribution and sewage treatment shall also be provided.
(Ord. 84?2, 3/29/1984, §1807; as amended by Ord. 98-7, 8/27/1998)
§1909. GREENHOUSES AND NURSERIES.
Where greenhouses and nurseries are permitted as a conditional use, the following standards and criteria shall apply:
A. Off?street parking shall be provided in accordance with Part 20 of this Chapter.
B. A minimum lot area of 5 acres shall be provided.
C. No accessory building and/or structure shall be located closer than 75 feet to a property line.
D. Retail/wholesale sales shall be limited to the products grown within such greenhouse or nursery.
(Ord. 84?2, 3/29/1984, §1808)
§1910. TRUCK TERMINALS AND WAREHOUSES.
Where truck terminals and warehouses are permitted as a conditional use, the following standards and criteria shall apply:
A. A minimum lot area of 10 acres shall be provided.
B. Lot coverage including all paved areas may not exceed 70% percent of the total lot area.
C. A buffer yard equal to 30% percent of the total lot area distributed equally around the perimeter of the lot shall be provided.
D. A planted buffer/screen shall be provided around the entire perimeter of the lot a minimum of 25 feet wide. Such screen shall comply with the criteria of §1702(D) of this Chapter.
E. Development of the site shall comply with all the provisions of the Hampden Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable rules and regulations.
(Ord. 84?2, 3/29/1984, §1809)
§1911. GOLF COURSES, COUNTRY CLUBS AND CAMPGROUNDS.
Where golf courses, country clubs and campgrounds are permitted as conditional uses, the following standards and criteria shall apply:
A. A minimum lot area of 10 acres shall be provided.
B. No building and/or structure shall be located closer than 75 feet to any property line.
C. A minimum mount of vegetation shall be removed.
D. A maximum lot coverage shall be 25%.
(Ord. 84?2, 3/29/1984, §1810)
§1912. SENIOR CITIZEN HOUSING.
Where senior citizen housing is permitted as a conditional use, the following standards and criteria shall apply:
A. Public sewer and public water shall have adequate available capacity to meet the projected needs of the development.
B. A facility which is designed for the elderly must incorporate necessary safety and convenience features. In general, the site amenities are more critical than for multifamily projects since the elderly spend nearly all their time at the complex.
C. In addition to local government regulations, all applicable County, State and Federal government regulations shall be complied with.
D. The Board may attach certain conditions to its approval in order to preserve and protect the character of the zoning district and the health, safety and welfare of the public.
(Ord. 84-2, 3/29/1984, §1812; as added by Ord. 93-20, 12/7/93, §4)
§1913. MEDICAL CLINICS - LIMITED
It is the intent of this Section to allow for alternative parking standards for medical clinics designed and used primarily for the diagnosis, treatment and in-patient care of human patients on an extended care basis by an individual practitioner or an association or group of non-surgical, licensed physicians or similar professional health-care practitioners, but which is not used as operating rooms for major surgery. It is further the intent of this Section to differentiate between such extended care medical clinic-limited, where parking use is not as intense as those clinics used for the healing arts.
A. Off-Street Parking. The off-street parking requirements for an extended care medical clinic-limited shall be allowed by conditional use to the extent such medical use meets the criteria identified above. Such off-street parking requirements, if permitted at the discretion of the Township, shall be as follows:
(1) One parking space for each bed. Such spaces shall be provided in addition to those necessary for doctors, health care and administrative personnel and other employees. One parking space shall be provided for each employee on the largest shift.
(Ord. 08-07, 06/26/2008, §1)
§1914. CONTRACTORS’/LAWN AND GARDEN EQUIPMENT SALES AND SERVICES
Where contractors’/lawn and garden equipment sales and services is permitted and approved as a Conditional Use in the C-PL, Commercial Park Limited Zoning District, the following additional standards and criteria shall apply:
- Residential districts:The use shall not abut a residential district.Residential Suburban, Residential Towne, Residential Country, Apartment Office Limited
- Access:The use shall be on a lot, which abuts and gains direct access to a collector or arterial street.
- Use Restrictions:the definition of contractors’ equipment shall not be meant toinclude heavy equipment, which required a permit for transportation on public roads and as may be defined by the Township.
- (1)Outside storage shall be depicted on the Conditional Use Application:The
permitted outside storage shall not include more than 75% of the approve area. Equipment storage shall not be permitted in or on any required parking spaces and any planted vegetative area.
(2) The entire outside storage area shall be screened and enclosed with a minimum 6-foot high privacy fence of a durable material, as approved by the Zoning Officer.
(3) No storage or display of contractor’s equipment within the front yard setback.
No piece of equipment shall be stored in a manner other than in which it would be transporter.
(Ord. 2015-05, 02/26/2015)
§1915.* HELISTOPS & HELIPORTS.
Where helistops & heliports are permitted as a Conditional Use, the following standards and criteria shall apply:
A. The proposed helistop and/or heliport shall not adversely affect the health and safety of the residents both in and surrounding Hampden Township or be detrimental to their property.
B. The applicant shall submit evidence confirming that the helistop and/or heliport will be constructed, operated, and maintained in accordance with the applicable rules and regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation related to the use of helistops and/or heliports.
C. The landing pad shall be at least eighty (80) feet square or a circle with an eighty (80) foot diameter. This pad shall be paved, level, and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
D. At least two (2) approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than ninety (90) degrees apart. Each approach lane shall be located within forty-five (45) degrees left or right of the prevailing winds and shall fan out at an angle of ten (10) degrees from the width of the landing pad to a width of one-thousand (1,000) feet; and shall have a glide angle slope of eight (8) to one (1) measured from the outer edge of the pad.
E. An application for a helistop and/or heliport on a roof or similar above-ground structure shall be accompanied by a certification by a registered engineer that the loads imposed by a helicopter will be supported by the structure.
F. The helistop shall be used only for personal or executive use by a firm or individual. A helistop shall not be used for commercial transportation of passengers or for means to deliver commercial freight.
G. No helicopter over six-thousand (6,000) pounds gross weight shall use any helistop and/or heliport, with the exception that no helicopter over eleven thousand (11,000) pounds gross weight shall use a helistop that serves a Hospital and Medical Campus located within the OP, Office-Park zoning district. (2017-16).
H. The application shall include, at a minimum, the following:
1. A copy of the Federal Aviation Administration Form 7480-1, “Notice of Land Area Proposal” (latest revision).
2. A copy of a letter of “No Objections” from the Federal Aviation Administration.
3. A copy of Commonwealth of Pennsylvania Application for Approval of a Land Site, AV-4 (latest revision) and necessary supplemental information or equivalent and the letter of site approval from the Pennsylvania Department of Transportation, Bureau of Aviation.
4. An aerial photograph or drawing, either of which shall be at a scale no less than one (1) inch equals two-hundred (200) feet, indicating the approach and departure routes, the location of all residences, schools, churches, hospitals, and areas used for the open assembly of people, as well as other noise sensitive areas within a radius of one-half (1/2) mile of the proposed helistop and/or heliport site.
I. A helistop shall be located a minimum of one-thousand (1,000) feet from any dwelling unit. A heliport shall be located a minimum of two-thousand (2,000) feet from any dwelling unit.
J. If the Conditional Use is permitted, the applicant shall submit a Land Development Plan for review and approval by the Township.
K. Helistops and/or heliports shall meet all requirements of the Hampden Township Zoning Ordinance for the district of its proposed location.
L. The proposed landing pad shall have a perimeter fence with a minimum height of four (4) feet with at least two (2) openings, except those located on rooftops. The fence shall be located so as not to obstruct the glide angle of the helicopter using the helistop and/or heliport.
M. The applicant shall also comply with those guidelines and regulations for helistops and/or heliports or similar facilities as outlined in the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Aviation, Title 67, regulations relating to Pennsylvania Aviation, as amended.
N. It shall be unlawful for any person to land, discharge, load or takeoff in a helicopter in any place within Hampden Township other that at an approved helistop and/or heliport except:
1. In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after fourteen (14) days advanced notice has been given to the Zoning Officer and a special permit has been issued by the Zoning Officer or designee.
2. When necessary for law enforcement purposes and for emergencies.
3. For the purpose of delivery or transfer of patients from any hospital and its emergency trauma centers.
O. No helistop or heliport shall be located on a tract of land less than five (5) acres in area.
(Ord. 2017-12, 08/31/2017, * erroneous numbered as §1914, and by Ord. 2017-16, 11/30/2017)
§ 1916 WIRELESS COMMUNICATIONS FACILITIES
Pursuant to Chapter 27, Part 18, § 1818 et seq., “Hampden Township Wireless Facilities Ordinance”, Wireless Communications Facilities (WCF) shall be allowed by Conditional Use, subject to Board of Commissioners approval, under the following conditions:
- Authorization for Conditional Use from the Board of Commissioners shall be required for the construction, siting, or operation of a Tower-Based WCF, Non- Tower WCF, or a related Wireless Support Structure in any allowable zoning district, where the property is not under Township ownership.
- The Township shall authorize the construction, siting, or operation of a Tower-Based WCF by Conditional Use pursuant to the procedures and requirements of Chapter
27, Part 18, § 1818, Section IV, et seq.
- The Township shall authorize the construction, siting, or operation of a Non-Tower WCF or related Wireless Support Structures by Conditional Use pursuant to the procedures and requirements of Chapter 27, Part 18, § 1818, Section V, et. seq.
- To the extent the Board of Commissioners concludes such conditions are necessary to minimize any adverse effect of the proposed Tower-Based WCF, Non-Tower WCF, or related Wireless Support Structure on adjoining properties, the Township may impose conditions in granting special permit use, provided that such exercise of zoning authority shall not be used to prohibit, or have the effect of prohibiting, wireless services in the Township.
- Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by an active, registered Professional Engineer (P.E.), licensed as such by the Commonwealth of Pennsylvania.
- The Board of Commissioners may obtain professional planning, legal, technical, engineering or environmental advice at the applicant’s expense.
- A modification to an existing Wireless Communications Facility that does not Substantially Change the physical dimensions of a tower or wireless support structure is an Eligible Facilities Request that shall require a building permit, issued pursuant to Township regulations.