A. Unless otherwise provided by state or federal law or specifically stated in this chapter (as provided in
§ 295-7B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
B. See
§ 295-7B, which generally provides a process for approval of a use that is not listed based upon similarity to permitted uses and other criteria. Except as provided in such
§ 295-7B, any other principal use that is not specifically listed as permitted by right use (P), conditional use (C) or special exception use (SE) in the applicable district is prohibited in that district. See
§ 295-28: Use regulations. for more details.
C. Upon a written application, the Zoning Officer shall have the authority to determine that a proposed use is so closely similar in character and impacts to a use listed as permitted by right that the proposed use shall also be permitted by right. The Zoning Officer may require the applicant to submit additional information to assist in such determination. This use allowed in primarily business zoning districts.
A. All solid waste storage, disposal, incineration or processing shall be at least 200 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry), or wetland of more than 1/2 acre in area.
B. All solid waste storage, disposal, incineration or processing shall be a minimum of 500 feet from any residential district, perennial creek, publicly owned park or any existing dwelling that the applicant does not have an agreement to purchase.
C. The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
D. No burning or incineration shall occur, except within an approved waste-to-energy facility.
E. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of this condition shall also be considered to be violations of this chapter.
F. Open dumps and open burning of refuse are prohibited.
G. The applicant shall prove, to the satisfaction of the Zoning Hearing Board, that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash-hauling trucks through or alongside existing residential or residentially zoned areas, and especially considering the width and slopes of streets in the Township.
H. The applicant shall prove, to the satisfaction of the Zoning Hearing Board, that the use would not routinely create noxious odors off of the tract.
I. A chain-link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves, to the satisfaction of the Zoning Hearing Board, that this is unnecessary. The Board shall require that earth berms, evergreen screening, and/or shade trees, as needed, shall be used to prevent landfill operations from being visible from an expressway or arterial streets or dwellings.
J. A minimum lot area of 15 acres shall be required for the first 250 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity. A solid waste facility shall have a maximum total capacity of 500 tons per day.
K. Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
L. Attendant. An attendant shall be present during all periods of operation or dumping.
M. Gates. Secure gates, fences, earth mounds, and/or dense vegetation shall prevent unauthorized access.
N. Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
O. Under authority granted to the Township under Act 101 of 1988,[1] the hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
P. Tires. See outdoor storage and display provisions in
§ 295-96: Accessory uses.
Q. Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
R. Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
S. The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met.
T. State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts a Township regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to Pennsylvania DEP at the same time as they are submitted to the DEP.
U. For a solid-waste-to-energy facility or solid waste transfer facility, all loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains to a holding tank that is then adequately treated. All solid waste processing and storage shall occur within enclosed buildings or enclosed containers.
