Township of Exeter, PA
Berks County
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§ 390-27 Access to structure.

§ 390-28 Erection of more than one principal structure on a lot.

§ 390-29 Residential accessory buildings, structures and uses.

§ 390-30 Nonresidential accessory buildings, structures and uses.

§ 390-31 Landscaping/screening.

§ 390-32 Agricultural use regulations.

§ 390-33 Recreational use regulations.

§ 390-34 Design standards for commercial, industrial, and educational uses.

§ 390-35 Environmental performance standards for uses in all zoning districts.

§ 390-36 Loading areas.

§ 390-37 Off-street parking.

§ 390-38 Driveways.

§ 390-39 No-impact home-based business regulations.

§ 390-40 Home occupation regulations.

§ 390-41 Front yard exceptions.

§ 390-42 Fences, walls and hedges.

§ 390-43 Corner lot restrictions.

§ 390-44 Projections into yards.

§ 390-45 Existing principal and accessory building exceptions.

§ 390-46 Height exceptions.

§ 390-47 Conduct of agricultural activities.

§ 390-48 Steep slope controls.

§ 390-49 Removal of natural resources.

§ 390-50 Standards for public utility uses.

§ 390-51 Historical area controls.

§ 390-52 Outdoor storage.

§ 390-53 Private airports/heliport.

§ 390-54 Manufactured and industrialized housing foundation requirements.

§ 390-55 Environmental assessment statement.

§ 390-56 Forestry controls/timber harvesting controls.

§ 390-57 Dwelling unit determination.

§ 390-58 Storage of vehicles.

§ 390-59 Energy systems.

§ 390-60 Open space/conservation development.

§ 390-61 Resubdivision.

§ 390-62 Portable toilets.

§ 390-63 Bed-and-breakfast.

§ 390-64 Yard sales.

§ 390-65 Tank farms.

§ 390-66 Apartments and townhouses.

§ 390-67 Electric power production.

§ 390-68 Cogeneration electric power production.

§ 390-69 Regulations for signs.

§ 390-70 Adaptive reuse standards.

§ 390-71 Farmers markets.

§ 390-71.1 Boarding kennel (short-term).

§ 390-71.2 Undefined or other land uses.

§ 390-71.3 Group homes.

§ 390-71.4 Correctional facility and group institution.

§ 390-27 Access to structure.

Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or a private street approved by the Township Supervisors, or on a lot for which a legally recorded right of access to a public street or approved private street exists. After the effective date of this chapter, no lot shall be created unless it abuts a public street or a private street approved by the Township Supervisors. Flag lots shall not be permitted.

§ 390-28 Erection of more than one principal structure on a lot.

Not more than one structure housing a permitted or permissible principal use may be erected on a single lot unless a development plan is submitted to and approved by the Board of Supervisors, after review by the appropriate Planning Commission, as provided in the PA Municipal Planning Code.[1]
[1]:
Editor's Note: See 53 P.S. § 10101 et seq.

§ 390-29 Residential accessory buildings, structures and uses.

The following shall apply to residential accessory buildings, structures and uses:
A. 
General.
(1) 
Except as noted elsewhere in this chapter, no accessory building or structure shall be permitted within any required front or side yard or within 10 feet of the rear lot line. The minimum distance between an accessory building or structure within a rear yard and a side lot line shall be the side yard requirement of the applicable zoning district or 10 feet, whichever is less.
(2) 
The maximum height of any accessory building or structure shall be 20 feet.
(3) 
The minimum distance between any accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure and a principal building shall be five feet.
(4) 
No permanent accessory building or structure, except for storage sheds conforming to subsection B(10) shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory. Exception: residential accessory structure on adjoining lot with contiguous road frontage and deeded to same property owner.
B. 
Use regulations.
(1) 
Swimming pool. Swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height, such fence having no opening with a dimension greater than four inches on a side (or in diameter in the case of round openings). Walls of buildings may serve as part of the fence or barrier. Where such pools are of the type having aboveground construction, that portion of the pool wall extending above the ground may be included as part of the barrier or fence. Fences shall have a gate which shall be securely locked when not in use. Aboveground pools shall have a ladder or stairway, which can be removed or rendered unusable, and the entrance to the pool shall be capable of being securely closed to a height of four feet. When draining or backwashing swimming pools, water shall not be drained onto other properties without the owners' consent. Hot tubs/spas and inflatable pools, in lieu of four-foot fence, must have covers that secure to prevent access when not in use.
(2) 
Detached garages. The maximum length of any side of a garage serving a dwelling shall be 40 feet. No such garage shall be located within 10 feet of a dwelling. No temporary structures shall be permitted.
(3) 
Apartment and townhouse accessory uses shall be restricted to uses designed solely for residents of the apartment and townhouse units. One office per project for the purposes of administering and renting dwelling units may be established. One sample apartment or townhouse for display purposes shall be permitted for each type of dwelling unit to be constructed.
(4) 
Tennis/basketball courts shall have permanent fences at least 10 feet in height behind each baseline, extending at least 10 feet beyond the playing area in each direction.
(5) 
Patios and terraces shall not be located closer than 10 feet to any lot line, except a lot line that is an extension of a common wall, and shall not project into any required front yard.
(6) 
Animal shelters shall not be located within 10 feet of the rear or side lot lines and shall not be located in any front yard. The keeping of domestic farm animals other than horses shall be considered an agricultural use. The keeping of horses shall be permitted, provided the minimum lot size is two acres and the requirements of § 390-32A and B are met.
(7) 
No agricultural uses shall be permitted except individual gardens for home consumption; such gardens shall not be located within front yards.
(8) 
Earth station satellite receiving dishes. All freestanding earth station satellite receiving dishes, mounted at ground level, shall be considered accessory structures, and the same shall be subject to the provisions of Subsection A.
(9) 
Sporting equipment, such as, but not limited, to basketball nets and poles/skateboard ramps/street hockey nets shall not be located within a street right-of-way at any time, or located such that their use would be from the street (cartway).
(10) 
Storage sheds. Storage sheds up to 100 square feet and without foundations shall be located no closer than two feet from any rear or side yard line. Storage sheds up to 100 square feet and with foundations shall be located no closer than five feet from any rear or side yard line. Storage sheds over 100 square feet shall conform to Subsection A(1). Storage sheds are not permitted in any front yard.

§ 390-30 Nonresidential accessory buildings, structures and uses.

The following shall apply to nonresidential accessory buildings, structures and uses:
A. 
General.
(1) 
No building or structure shall be located within any required yard setback.
(2) 
The minimum distance between any accessory buildings or structures shall be five feet. The minimum distance between any accessory building or structure and a principal building shall be five feet.
B. 
Use regulations.
(1) 
Storage facilities. All such facilities shall be located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from view from adjoining properties and streets, and no such area shall be located within 50 feet of any street line.
(2) 
Living quarters. Living quarters shall be permitted only for proprietors, watchmen, caretakers or similar employees, unless otherwise provided in this chapter.
(3) 
Garages and maintenance buildings shall not be located within any required yard.
(4) 
Cafeterias shall be operated during business hours and conducted within a building.
(5) 
Recreational facilities shall be contained within a building or within a landscaped area at least 50 feet from all lot lines.

§ 390-31 Landscaping/screening.

A. 
Where district regulations require buffer yards, screening, planting strips and the like, these shall be subject to approval of the Planning Commission prior to planting. The type and density of planting shall adequately provide the screening effect required year round.
B. 
Plant materials used in screen planting shall be least five feet in height when planted and should reach the required height and density within three years.
C. 
The screen planting shall be maintained permanently and plant material which does not live shall be replaced within one year.
D. 
For nonresidential and nonagricultural uses, any part of a site which is not used for building or paved area shall be planted with an all-season ground cover and shall be landscaped according to an overall plan in keeping with the natural surroundings. The overall landscaping plan shall be subject to approval by the Township in accordance with the provisions of the Exeter Township Subdivision and Land Development Ordinance.[1]
[1]:
Editor's Note: See Ch. 330, Subdivision and Land Development.
E. 
Landscaped buffers and screens. Suitable vegetation, earth berms, fences, and/or walls shall be installed along streets and between lots, zoning districts, and differing land uses to reduce negative impacts and enhance the natural and aesthetic character of the community. (Also see § 390-34)
F. 
All landscaped areas shall be designed in accordance with PA best management practices. Landscaped areas shall be planted with native vegetation, subject to approval of the Board of Supervisors, or its designated representative(s) and/or committee(s).

§ 390-32 Agricultural use regulations.

A. 
General agricultural standards.
(1) 
Agricultural uses shall be conducted on a farm which shall be a minimum of three acres in size.
(2) 
General agricultural uses shall be limited to a maximum of 2.0 animal equivalent units per acre of land suitable and available on the farm for manure application on an annualized basis. Uses exceeding 2.0 animal equivalent units per acre are classified as intensive agricultural uses and are subject to the intensive agricultural standards of Subsection B. Animals not defined in the AEU table of § 390-6 shall be limited to one per acre.
(3) 
No farm or any other outbuilding other than a dwelling shall be constructed closer than 75 feet to any property line.
(4) 
All grazing or pasture areas utilized for this purpose shall be fenced.
(5) 
No slaughter area or manure storage shall be established closer than 200 feet to any property line.
(6) 
Except as noted in the AP Zoning District, no more than one single-family detached dwelling shall be permitted for each farm.
(7) 
To control erosion and pollution, a buffer zone of 12 feet or as required by the Exeter Township Floodplain Ordinance,[1] whichever is greater, shall be established from the edge of all streams, which shall be kept in an all-season ground cover.
[1]:
Editor's Note: See Ch. 126, Building Permit; Floodplain and Riparian Buffer Area Management.
(8) 
The sale of farm products is subject to:
(a) 
Signs shall be subject to the provisions of § 390-69.
(b) 
At least 50% of such products shall have been produced on the property on which they are offered for sale.
(c) 
Parking spaces for at least three cars shall be provided behind the street line.
(d) 
Sale of farm products shall be conducted from a portable stand, removed at the end of the growing season, or from a permanent building located no closer to the street than the applicable building setback line.
B. 
Intensive agricultural standards.
(1) 
Intensive agricultural activities shall include the following:
(a) 
A concentrated animal operation (CAO) in excess of 2.0 animal equivalent units per acre of land suitable and available on the farm for manure application on an annualized basis.
(b) 
A concentrated animal feeding operation (CAFO) where 250 or more animal equivalent units (AEU) are housed inside buildings or in confined feedlots.
(2) 
No structure used for an intensive agricultural activity shall be located within 400 feet of any lot line unless a lesser distance is permitted by Act 6 or any other applicable state law.
(3) 
All lots for such uses shall have a minimum size of 25 acres, unless a larger lot size is required elsewhere in this chapter.
(4) 
All open storage shall be screened in such a manner that it shall not be visible from any point on the lot lines.
(5) 
No more than three persons not related to the family operating the use shall be housed on the lot.
(6) 
All buildings and structures designated for the use of any regulated activity shall be painted and maintained in good condition.
(7) 
A fence shall be maintained around all areas in which animals are kept outside of buildings.
(8) 
Solid and liquid waste shall be disposed of in a manner to avoid creating insect or rodent problems, a public health problem or a public nuisance. Noxious, unpleasant gases or odors of any kind shall not be emitted in such quantities as to be detectable outside the lot lines of the tract occupied by an intensive agricultural operation.
(9) 
A nutrient management plan shall be prepared for all proposed intensive agricultural uses. The nutrient management plan shall be submitted to the Township and shall be reviewed and approved by the Berks County Conservation District.
(10) 
All aspects of mushroom production shall be in accordance with best practices for environmental protection in the mushroom farm community, prepared under the authority of the Solid Waste Management Act (35 P.S. § 6018.101 et seq.) and regulations at 25 Pa. Code Chapter 289, effective date December 12, 1997. The commercial production, processing, or cultivation of mushrooms shall be construed as an intensive agricultural activity and therefore shall comply with the applicable requirements of Subsection B.
(11) 
No discharge of liquid waste and/or sewage shall be permitted into a reservoir, sewage or storm disposal system, holding pond, stream or other open body of water, or into the ground unless treated so that the discharge is in total compliance with the standards approved by the appropriate local, state and federal regulatory bodies and/or agencies.
(12) 
All on-site composting shall be performed under roof in a partially enclosed structure having impervious flooring with drainage and suitable protection so as to insure that there is no runoff from said structure onto surrounding lands.
(13) 
All organic materials to be used in on-site composting shall be stored under roof in a totally enclosed structure having impervious flooring with drainage and suitable protection so as to insure that there is no runoff from said structure onto surrounding lands.

§ 390-33 Recreational use regulations.

The following controls shall apply to all recreational areas not owned by Exeter Township.
A. 
All activities of a commercial nature shall be clearly accessory to and incidental to the permitted recreational use, such as the charging of admission, the sale of refreshments and the rental or sale of athletic equipment.
B. 
Sleeping accommodations shall be provided only for caretakers and similar types of employees, except in the case of camps intended to provide for overnight accommodations.
C. 
Accessory uses shall be restricted to those providing necessary amenities to members and guests.
D. 
Minimum lot size shall be five acres.
E. 
All buildings shall be set back a minimum of 150 feet from all lot lines.
F. 
Maximum lot coverage shall be 5%.
G. 
Maximum paved area shall be 10%.
H. 
Minimum lot width shall be 350 feet.
I. 
Lighting shall be in accordance with the Exeter Township Lighting Ordinance No. 626[1] or its successor.
[1]:
Editor's Note: See Ch. 235, Lighting, Outdoor.
J. 
The noise level emanating from a use must comply with the Exeter Township Noise Ordinance.[2]
[2]:
Editor's Note: See Ch. 257, Noise.
K. 
A complete visual barrier by landscaped screen shall be provided along any lot line adjacent to a residential use.
L. 
All storage shall be completely screened from view from any public right-of-way and any residential use. All organic rubbish or storage shall be contained in verminproof containers.
M. 
No driveway or street to service a use shall be located within 100 feet from the intersection of any street lines. When any driveway or street shall provide access for more than 100 parking spaces, the approval of the design shall be subject to review by the Township Planning Commission. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements, which may be imposed in such a review, shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs.
N. 
The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, the traffic lanes shall be restricted to one-way permitting head-on parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from customer parking areas.
O. 
Trails for motorized bicycles shall be located no less than 50 feet from a lot line.
P. 
An erosion and sedimentation control plan shall be approved by the Township Engineer.

§ 390-34 Design standards for commercial, industrial, and educational uses.

Design standards for commercial, industrial, and educational uses are as follows:
A. 
Screening. A complete visual barrier by landscaped screen shall be provided along any lot line adjacent to a residential use or residential zoning district.
B. 
Storage. All storage shall be completely screened from view from any public right-of-way and any residential use. All organic rubbish or storage shall be contained in verminproof containers.
C. 
Landscaping. Any part or portion of a site which is not used for building area or parking area shall be landscaped according to an overall plan in keeping with the natural surroundings. Any single parking area with 25 or more spaces shall include parking area landscaping of an area that is equal to at least 10% of the area covered by parking spaces and aisleways; said landscaped area shall be in addition to the open area requirements of the applicable zoning district, except in Highway Commercial where the requirement shall be included within the 15% open space requirement. The overall parking area design and associated landscaping shall be subject to approval by the Township in accordance with the provisions of the Exeter Township Subdivision and Land Development Ordinance.[1]
[1]:
Editor's Note: See Ch. 330, Subdivision and Land Development.
D. 
Access and traffic control. No driveway or street to service a use shall be located within 100 feet from the intersection of any street lines. When any driveway or street shall provide access for more than 100 parking spaces, the approval of the design shall be subject to review by the Township Planning Commission. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements, which may be imposed in such a review, shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and land markings and signs.
E. 
Interior circulation. The interior circulation of traffic shall be designed so that no driveway providing parking spaces shall be used as a public through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from customer parking areas.
F. 
Shopping cart storage. If any use permits shopping carts to be taken from the confines of the store building, storage areas for such carts shall be provided at convenient locations outside buildings.
G. 
Building design. At least one entranceway shall be maintained at ground level. All pedestrian entrances shall be paved with an all-weather surface. Curbing shall be provided to separate parking areas, streets and driveways.
H. 
Curbing, in accordance with Township specifications, shall be installed on all streets proposed for dedication within industrial and commercial parks.
I. 
New and used car lot/car repairs. Lot must be paved. They are subject to all sections of this chapter and all outdoor vehicle sales display areas shall be setback from the street right-of-way line the greater of 15 feet or five feet from the outside edge of the public sidewalk, if sidewalk is present or required. Sales display areas and customer parking areas are subject to the clear sight triangle regulations per § 390-43B.
J. 
All uses shall provide rest rooms for employees and customers (where required by law).

§ 390-35 Environmental performance standards for uses in all zoning districts.

The Township Supervisors shall require safeguards to assure compliance with the following performance standards. Upon request of the Township, a landowner shall furnish proof at his own expense that he is in compliance with the following standards. No use shall be operated in such a manner as to constitute a danger to the residents and inhabitants of Exeter Township.
A. 
Air management.
(1) 
Open burning is not permitted except by permit issued by the Exeter Township Fire Marshal.
(2) 
No gases, vapors or fumes shall be emitted in concentrations which are harmful to persons, property, animals or vegetation (per EPA standards) beyond the lot lines of the lot on which such gases, vapors or fumes originate. No toxic or corrosive gases, vapors or fumes exceeding EPA standards shall be released into the atmosphere.
(3) 
No use shall emit odorous gases or other odorous matter into the atmosphere in quantities sufficient to be offensive. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table 1, "Odor Thresholds in Air" contained in the publication Research on Chemical Odors: Part 1, Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained.
(4) 
The uses shall comply with the regulations of the Pennsylvania Department of Environmental Protection for fugitive emissions, particulate matter emissions, sulfur compound emissions, standards for sources, sources of volatile organic compounds, emissions of hazardous air pollutants and ambient air quality sources.
(5) 
Drive-throughs. Land development plans with drive-throughs must submit plans demonstrating how they will manage the flow of vehicles in order to minimize vehicular emissions. Queue time shall not exceed two minutes.
B. 
Wastewater management.
(1) 
Effluent must meet all standards established by the Township or Township Authority or DEP.
(2) 
In no case shall untreated, potentially dangerous, or contaminating effluent or waste from plant operations be discharged.
(3) 
In commercial and industrial districts on-site water supply or sewage disposal systems shall only be permitted only by special exception. The applicant shall demonstrate compliance with Subsection F below and submit a hydrogeologic study.
C. 
Solid waste management. No storage of waste material on the lot shall be permitted in excess of 30 days. All waste materials awaiting transport shall be concealed from view from all adjacent properties and streets and kept in enclosed containers.
D. 
Noise and vibration. Noise shall not exceed the limits stated in Chapter 257.
E. 
Heat. Any operation producing heat shall be conducted in such a manner as to prevent any effects from the heat beyond the lot lines of the lot on which the operation is located.
F. 
Groundwater supplies. No activity shall endanger groundwater levels and quality in the area of the use, nor adversely affect groundwater supplies of nearby properties. When required by the Township, a hydrogeologic study which shall indicate the impact of the use on groundwater supplies and quality in the area of the use shall be submitted to the Township.
G. 
Electromagnetic and radioactive radiation. All electromagnetic radiation shall comply with the regulations of the Federal Communication Commission, provided that no electromagnetic radiation which interferes with radio or television reception or the operation of other equipment beyond the lot lines shall be produced. No injurious, electromagnetic radiation, or radioactive emission shall be produced, and all radioactive emissions shall meet the federal and state standards. No high-tension electrical transmission lines or equipment shall be located within 75 feet of any portion of a residential building or vice versa.
H. 
Outdoor storage: commercial/industrial. All outdoor storage of materials or products shall be screened from view from all adjacent properties and streets.
I. 
Explosives. No possession, discharge, production or storage of any material designed for use as an explosive shall be permitted unless the required state/local permits have been issued.

§ 390-36 Loading areas.

A. 
Paved off-street loading and unloading spaces with proper access from a street, driveway or alley shall be provided on any lot on which a building for trade, business, industry or warehousing, or other use similarly involving receipt of or distribution of materials or merchandise by motor vehicle is hereafter erected or expanded. All such areas for the loading and unloading of vehicles, and for the servicing of establishments by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities and pedestrian ways. Loading areas shall not be located within required front yards and shall not be located within five feet of any side or rear lot line.
B. 
Under land development plan approval (§ 390-91) for commercial or industrial districts, the applicant shall indicate all provisions for off-street loading and include supporting data on the number, frequency and schedules, and size of vehicles which will serve the facility. The number and size of loading spaces provided shall be appropriate for the use to be conducted on the premises and sufficient to accommodate all vehicles serving the use. At least one loading space shall be provided for each use.

§ 390-37 Off-street parking.

A. 
Off-street parking facilities shall be provided whenever:
(1) 
A building is constructed or a new use established.
(2) 
The use of an existing building or a lot is changed to a use requiring more parking facilities.
(3) 
An existing building or use is altered so as to increase the amount of parking spaces required.
B. 
A minimum of 50% of the parking spaces shall have a minimum area of 180 square feet and a minimum dimension of 10 feet by 18 feet. The remaining parking spaces shall have a minimum area of 171 square feet and a minimum dimension of 9.5 feet by 18 feet. To the extent reasonably possible, the larger parking spaces shall be located as close to the buildings as possible. In addition, appropriate driveways, aisles and maneuvering space shall be provided as necessary to permit safe and convenient access to and use of the area as provided for parking purposes. Safe and convenient access from a street, alley or driveway shall be provided. All parking spaces shall be delineated with hairpin striping 12 inches wide.
C. 
Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 300 feet of the use and shall not require pedestrian crossing of a public street, except in the case of a shopping center or similar grouping of buildings on a lot, in which case all parking areas shall be provided within the lot boundaries.
D. 
Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use.
E. 
All parking spaces and means of access, other than those relating to a dwelling, shall be illuminated during night hours of use. The illumination shall be designed and located so that the light sources are shielded from adjoining properties and public and private streets. The illumination shall not produce a glare noxious at or beyond the boundaries of the parking area.
F. 
All common parking areas and access drives shall be paved, shall have marked parking spaces, shall be graded to provide convenient vehicular access and proper drainage and shall be maintained in usable condition. The maximum grade of areas for parking shall not exceed 6%, and the maximum grade of access drives shall not exceed 10%. Surface water shall not be concentrated onto public sidewalks or other premises.
G. 
No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sales, dead-storage, repair, dismantling or servicing of vehicles.
H. 
Off-street parking facilities existing on the effective date of this chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building or use.
I. 
The width of aisles in parking areas shall be not less than listed in the following table:
Angle of Parking (degrees) Aisle Width (feet)
One-Way Two-Way
90 20 24
60 18 Not allowed
45 15 Not allowed
30 12 Not allowed
J. 
When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below 1/4 may be disregarded and any fraction above 1/4 shall necessitate the provision of a full parking space.
K. 
Parking areas for nonresidential uses shall be designed such that vehicles will not back out onto the public streets.
L. 
The design of parking areas shall be such as to prevent the backup of vehicles on a public street at the entrance to parking areas.
M. 
Where parking requirements are determined by the number of seats and no permanent seats are provided, only temporary seats, the number of parking spaces to be provided shall be based upon the number of temporary seats in normal usage.
N. 
Parking areas shall be arranged so that no portion of any vehicle parked within a designated parking space will extend over any property line of the lot on which it is parked.
O. 
Parking areas for nonresidential uses which are designed to contain more than four vehicles shall be screened from the view of persons on any land zoned RC, AP, R, SR0, SR1, SR2, SR3 or UR which is adjacent to the land on which the nonresidential parking area is located, and shall be located a minimum of 20 feet from any land so zoned.
P. 
Parking areas for nonresidential uses shall be located a minimum of four feet from right-of-way line, unless a more stringent improvement setback is imposed by the applicable zoning district regulations, and the area between the parking area and the street right-of-way lines shall be landscaped. Such parking areas shall be located a minimum of two feet from any side or rear lot line, and the area between the parking area and side or rear lot line shall be landscaped. In addition, parking areas shall be located a minimum of 10 feet from a street right-of-way line in Neighborhood Commercial Districts; a minimum of 20 feet from a street right-of-way line in Highway Commercial Districts, Shopping Center Commercial Districts and Light Industrial Districts; and a minimum of 50 feet from a street right-of-way line in General Industrial Districts.
Q. 
Number of spaces.
(1) 
The number of off-street parking spaces to be provided for each use shall be sufficient to accommodate all employee, visitor, and customer parking. Minimum off-street parking requirements shall be as follows:
Residential uses 3 parking spaces per dwelling unit, not to include garages
Industrial, wholesaling or warehousing establishment 1 space per employee on shift of greatest employment
Restaurant, tavern or similar use 1 space for each 4 seats, plus 1 space for each employee on the shift of greatest employment, or 1 space per 3 people of total capacity, plus 1 per employee on the shift of greatest employment, whichever is greater
Retail and service, convenience/grocery store with gas pumps 4 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
Convenience/grocery store without gas pumps 3 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
Office building 1 space for each 300 square feet of gross floor area.
Motel, hotel, tourist home, bed-and-breakfast or similar establishment One space for each rental unit, plus 1 space for each employee on the shift of greatest employment
Medical, dental and paramedical offices 1 space per employee, plus 4 spaces for each person engaged in practice
Agricultural uses 1 space per employee of the shift of greatest employment
Nursing home, convalescent home or retirement home, personal care home 1 space per employee on shift of greatest employment, plus 1 space for each 2 beds
Hospital 1 1/2 spaces per bed, plus 1 space per employee on shift of greatest employment
Bowling alley 5 spaces per alley, plus 1 space per employee on shift of greatest employment
Funeral home 1 space for each 3 seats, plus 1 space per employee
Auditorium, theater, place of worship, club or lodge, or other place of public assemblage 1 space for each 4 seats, plus 1 space per employee
Library or museum 1 space for each 300 square feet of gross floor area, plus 1 space per employee
Nursery schools and day centers 1 space per employee, plus one space for every 10 children for unloading of children accommodated in the school
Elementary and junior high schools 1 space per employee, plus 1 space per 2 classrooms or offices
High schools 1 space per employee, plus 1 space per 3 students to be accommodated at any 1 time
Commercial school, junior college/college/university 1 space per employee, plus 1 space per 2 students to be accommodated at any one time
Skating rink, swimming pool, indoor recreational establishments 1 space per 25 square feet devoted to patron use, plus 1 space per employee
Motor vehicle service station or repair garage 2 parking spaces per service bay, plus 1 per employee on the shift of greatest employment
Outdoor recreational facility and amusement parks 1 space per employee on largest shift, plus 1 space per 3 people of total capacity
Shopping center 4 spaces per 1,000 square feet of gross leasable area (no additional parking for employees)
Dance hall, nightclub and similar IBS assembly group Ad-2 structures 1 space per 2 people of total capacity, plus 1 space per employment on the shift of greatest employment
Boarding kennel (short-term) 1 space per employee, plus one space for every 10 animals accommodated in the kennel
(2) 
For any building or use not covered above, the Zoning Officer shall apply the standard of off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.
R. 
ADA-accessible spaces.
(1) 
The number of ADA accessible parking spaces shall meet the following guidelines:
Number of Spaces in Lot Number of ADA-Accessible Spaces Required
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of the total number of spaces
1,001 and over 20 spaces plus 1 for every 100 spaces over 1,000
(2) 
One in every 6 ADA accessible parking spaces, but not less than 1, shall be designated as van accessible.
(3) 
When only one ADA accessible parking space is required, that space shall be designated as van accessible.
(4) 
ADA accessible parking spaces shall be the spaces closest to the nearest accessible entrance to the building served by the parking lot.
(5) 
Each ADA accessible parking space shall have the appropriate signs erected at the front of the space. One set of signs shall be required for every space. All signs shall conform to PennDOT and ADA regulations.
(6) 
The signs shall be mounted on a secure post with the bottom of the lower sign being a minimum of 3.5 feet above the ground level. The required signs are as follows:
(a) 
For a standard ADA accessible parking space, a "Reserved Parking" sign (R7-8) shall be mounted on top and a "Violators Subject to Fine and Towing, Minimum Fine $50, Maximum Fine $200" sign (R7-8B) shall be mounted on the bottom.
(b) 
For a van ADA accessible parking space, a "Reserved Parking" sign (R7-8) shall be mounted on top, a "Van Accessible" sign (R7-8A) shall be mounted in the middle, and a "Violators Subject to Fine and Towing, Minimum $50, Maximum Fine $200" sign (R7-8B) shall be mounted on the bottom.
(7) 
Each ADA accessible parking space shall be at least eight feet wide and shall have an adjacent access aisle five feet wide minimum with diagonal white lines.
(8) 
The van ADA accessible parking space shall be at least 11 feet wide and shall have an adjacent access aisle five feet wide minimum with diagonal white lines.
(9) 
Each ADA accessible parking space shall have a length identical to the adjacent non-ADA accessible parking spaces in the same parking aisle or parking area.
(10) 
All ADA accessible parking spaces shall be identified by painting the pavement surface handicap blue in color, outlined with white lines.
(11) 
All ADA accessible parking spaces shall be further identified by having the universal handicapped/disabled symbol painted on the blue space. This symbol shall be white in color.
(12) 
All ADA accessible parking spaces and their respective signs shall be regularly maintained to ensure their continued compliance to the law.

§ 390-38 Driveways.

A. 
Single-family dwelling driveway entrances or exits into a street from a corner lot shall conform to the provisions of Subdivision and Land Development Ordinance.[1]
[1]:
Editor's Note: See Ch. 330, Subdivision and Land Development.
B. 
No entrance or exit for a driveway serving a single-family dwelling shall be less than 10 feet or more than 20 feet in width in aggregate if more than one driveway, excluding radii.
C. 
No driveway serving a single-family dwelling shall be located within two feet of any side lot line, except in the case of driveways which adjoin one another.
D. 
No driveway serving a nonresidential use shall be located within five feet of any rear or side lot line, provided that a driveway serving a nonresidential use shall not be located within 10 feet of a rear or side lot line when the adjoining land is located within an RC, AP, R, SR0, SR1, SR2, SR3 or UR District.
E. 
Driveways shall be so constructed and maintained that the materials of which the driveways are constructed will not wash nor be deposited upon public roads. Driveways in excess of ten-percent grade shall be paved.
F. 
At driveway intersections with streets, a clear sight triangle, as specified in § 390-43B shall be established for a distance of 10 feet from the point of intersection of the cartway lines. In addition, the sight distances at driveways shall meet the requirements of Pa. Code Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways and Local Roads.
G. 
Driveway entrances shall not intersect streets at angles of less than 60° nor more than 120°.
H. 
The grade of driveways shall conform to the Exeter Township Subdivision and Land Development Ordinance, § 330-36G.
I. 
The area between the street cartway and right-of-way lines shall be paved.

§ 390-39 No-impact home-based business regulations.

No-impact home-based business regulations are as follows:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
There shall be no customers coming to the dwelling.
C. 
The business shall employ no employees other than family members residing in the dwelling.
D. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
E. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
F. 
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
G. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
I. 
The business may not involve any illegal activity.

§ 390-40 Home occupation regulations.

A. 
Home occupations may be allowed by zoning permit issued by the Zoning Officer, subject to the applicant demonstrating compliance with the below-referenced provisions.
B. 
The following requirements must be met in order to have a home occupation:
(1) 
The home occupation must be conducted within a residential property and must be clearly incidental to the residential use.
(2) 
Only a resident of the dwelling unit may practice the home occupation (i.e., the owner cannot rent out a room in the house for someone to run a business).
(3) 
Any need for parking generated by the home occupation shall be met off-street on the lot and existing paved area, which the home occupation is carried out; any additional paving shall comply with the maximum allowed in the zoning district in question.
(4) 
Occupations requiring customers coming to the home may:
(a) 
Allow only two customers at a time; and
(b) 
Conduct business between the hours of 8:00 a.m. and 8:00 p.m.
(5) 
Only one person, whether paid or unpaid, may assist with the home occupation at the dwelling unit (off-street parking must be met for this person also).
(6) 
No more than 25% of the total floor area of a dwelling unit shall be used for the purposes of the home occupation.
(7) 
In the case of repair services, repairs must be made off the property on which the home office is located.
(8) 
There shall be no external storage of equipment.
(9) 
No emission of unpleasant gases or other odorous matter shall be permitted.
(10) 
No emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation shall be permitted.
(11) 
No discharge shall be permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature which could contaminate any water supply, or damage or be detrimental to any sewage system or any sewage treatment process or otherwise could cause the emission of dangerous objectionable elements. No hazardous waste or household hazardous waste shall be discharged into sewage disposal systems or public sewers.
(12) 
No vibration perceptible beyond the structure in which the home occupation is conducted shall be permitted.
(13) 
No noise shall be audible beyond the structure in which the home occupation is conducted which exceeds the average intensity of street traffic at the front lot line. Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled.
(14) 
No emission of any smoke shall be permitted (unless the smoke is from a wood-burning stove or fireplace being used for heating purposes).
(15) 
In the case of child-care services, a maximum of three children (unrelated to the operator) may attend. Caregiver must comply with all requirements of the Pennsylvania Code Title 55, Public Welfare (copies available in the Engineering Department).
(16) 
No hazardous, explosive or regulated material shall be produced or stored upon the premise in quantities exceeding National Fire Code standards for residences.
(17) 
No display of products related to the home occupation shall be visible from adjoining properties or streets.
(18) 
There shall be no outside advertising in residential areas. In nonresidential areas, there shall be no outside advertising other than one one-sided or two-sided sign of no more than six square feet in area of each side and must comply with all other requirements of the sign ordinance regarding placement of such sign.
(19) 
There shall be no alterations made to the outside of the dwelling in a manner inconsistent with the basic architecture of the dwelling.
(20) 
Person must register with the Municipal Tax Administrator for tax reporting purposes.
(21) 
A zoning permit shall be required.
(22) 
Neighbor impact letters must be submitted.
(23) 
All home occupations shall be subject to periodic inspections by the Township Zoning Officer or Assistant Zoning Officers to monitor compliance with the provisions of this chapter and any and all other Township, state and federal regulations.

§ 390-41 Front yard exceptions.

When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of this chapter and the improvements are located within 100 feet of the unimproved lot. For the purpose of this section, an "unimproved lot" shall be the same as a vacant lot and an "improved lot" shall be one on which a principal building is erected.

§ 390-42 Fences, walls and hedges.

A. 
Except as noted elsewhere in this chapter, fences, walls and hedges may be located within required yards. No fence, wall or hedge shall be erected or planted within the right-of-way lines of any street, nor shall they encroach upon any street right-of-way at any time.
B. 
Fences, walls or hedges shall comply with the requirements of § 390-43B.
C. 
Any fence or wall, except a retaining wall, greater than 10 feet in height shall be set back no less than five feet from a lot line, unless otherwise required by this chapter.
D. 
Fences shall be constructed of wood, chain link or similar appropriate materials approved by the Zoning Officer, be of uniform construction and be constructed in a workmanlike manner.

§ 390-43 Corner lot restrictions.

A. 
On every corner lot, a yard equal in depth to the front yard requirement of the zoning district in which the corner lot is located shall be provided on each side of the lot which is adjacent to a street.
B. 
Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing which impedes vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets shall be erected, placed, planted or allowed to grow, except street signs, traffic lights or signs, utility poles and mail boxes. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersecting streets, except that a clear sight triangle of 150 feet shall be provided for all intersections with arterial highways. In addition, sight distances shall meet the requirements of Pa. Code Title 67, Chapter 441, Access to and Occupancy of Highway by Driveways and Local Roads.

§ 390-44 Projections into yards.

The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
A. 
Terraces, patios, open porches and decks (provided that such terraces, patios, open porches and decks are not enclosed) are not to be closer than 10 feet to any lot line (except a lot line which is the projection of a common wall) and do not project into any required front yard.
B. 
Open balconies or fire escapes and projecting architectural features such as bay windows, cornices, eaves, roof overhang, chimneys and window sills, provided that all such features shall project no more than five feet into any required yard, and shall not be closer than six feet to any lot line (except lot lines which are the projection of party walls).
C. 
Uncovered stairs and landings, accessibility ramps and chair lifts, provided such stairs, landings, ramps or lifts do not project more than five feet into any required yard, and are not located closer than six feet to any lot line (except lot lines which are the projection of party walls).

§ 390-45 Existing principal and accessory building exceptions.

[Amended 8-26-2013 by Ord. No. 743]
A. 
On any lot on which a principal building existed at the effective date of this chapter, an accessory building to such existing principal building which is constructed after the effective date of this chapter does not have to be set back further from any street right-of-way than that of the principal building.
B. 
If the owner (or his/her agent) of a lot that has been developed in conformance with a prior iteration of this chapter applies for a building permit to expand the existing principal building and/or construct a permitted accessory building or structure, the owner may elect to proceed in conformance with a group of certain limited zoning regulations in effect at the time the owner acquired the lot at issue (the prior ordinance), but only if the owner provides the Zoning Officer with sufficient proof of the following and otherwise complies in all respects with this chapter:
(1) 
The lot is developed, and was developed pursuant to an iteration of this chapter;
(2) 
The owner of the lot for the building permit owned the lot continuously from the time the prior ordinance was in effect, up to the present; and
(3) 
That, in order to accomplish the expansion of the existing principal building and/or construction of a permitted accessory building or structure, the owner needs the benefit of the zoning regulations found in the prior ordinance for this group of --and only these --zoning regulations: lot coverage; paved area; building setback; rear yard; and/or side yard; the owner cannot elect to proceed with some but not all of this group of zoning regulations.

§ 390-46 Height exceptions.

The building height limitations contained within this chapter shall not apply to chimneys, spires, cupolas, antennas and other similar appurtenances customarily attached to principal buildings as determined by the Zoning Officer, usually required to be placed above the roof level provided they are not intended for human occupancy, provided that any such projection which exceeds the height limitations of the applicable zoning district shall not be greater in height above its base than the shortest distance from such base to any lot line, and provided that telecommunications towers and other such structures shall not be exempt. See also Chapter 344, Telecommunications.

§ 390-47 Conduct of agricultural activities.

Agricultural activities permitted to be conducted within the Township by this chapter may be conducted even though those activities may create an annoyance or inconvenience to neighboring residential uses due to sights, sounds, smells or other conditions resulting from the agricultural activities, provided that the agricultural activities are conducted in accordance with any and all regulations of the Township and the state and are not conducted in a manner which creates a definite danger to the health or safety of neighboring uses. To control erosion and pollution, there is established a riparian buffer along the edge of all waterways, wetlands, and water bodies of 12 feet or as provided in the Exeter Township Floodplain Ordinance,[1] whichever is greater.
[1]:
Editor's Note: See Ch. 126, Building Permits; Floodplain and Riparian Buffer Area Management.

§ 390-48 Steep slope controls.

A. 
Intent. Areas exist and are created during the subdivision and land development process within each zoning district that would have special constraints on development because of the topography. These concerns include soil erosion, stream siltation, unsatisfactory on-lot sewage disposal, excessive cut and fill requirements, loss of vegetation and increased runoff and flooding. The intent of this section is to establish certain restrictions relating to permitted uses, bulk, area and coverage requirements for property located on (mean) slopes of 15% or more and to control the creation of new, man-made very steep slope areas and their attendant problems. It is not the intent, however, to prohibit development, but merely to insure that adequate consideration has been given to these unique problems and that adequate safeguards will be taken.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CATEGORY I STEEP SLOPE AREA
Any area, whether existing or proposed, where the mean slope of the land is 15% or greater but less than 25%, and has an elevation change of 10 feet or greater.
CATEGORY II STEEP SLOPE AREA
Any area, whether existing or proposed, where the mean slope of the land is 25% or greater and has an elevation change of 10 feet or greater.
MEAN SLOPE
Determined by dividing the elevation change by the horizontal distance measured perpendicular to the contour lines over which the elevation change occurs.
C. 
Exceptions. The following existing features are excluded from the definition of steep slope areas:
(1) 
Approved stormwater detention and retention basins.
(2) 
Approved excavations which are the result of permitted surface mining activities.
D. 
Minimum lot area. The minimum lot area for a lot containing Category I and/or Category II steep slope shall be the greater of:
(1) 
The minimum lot area of the applicable zoning district; or
(2) 
The summation of the following:
(a) 
The percentage of the lot area having slopes less than 15% multiplied times the minimum lot area required for the district within which it is located; plus
(b) 
The percentage of the lot area having Category I steep slopes multiplied times three acres; plus
(c) 
The percentage of the lot area having Category II steep slopes multiplied times five acres.
E. 
Minimum lot width. The minimum lot width for a lot containing Category I and/or Category II steep slopes shall be the greater of:
(1) 
The minimum lot width of the applicable zoning district; or
(2) 
The summation of the following:
(a) 
The percentage of the lot area having slopes less than 15% multiplied times the minimum lot width required for the district within which it is located; plus
(b) 
The percentage of the lot area having Category I steep slopes multiplied times 200 feet; plus
(c) 
The percentage of the lot area having Category II steep slopes multiplied times 300 feet.
F. 
Existing Category II steep slopes.
(1) 
Existing (non-man-made) Category II steep slopes shall not be altered, regraded, cleared, built upon or otherwise disturbed unless such disturbance is necessary:
(a) 
To accommodate an access drive or driveway where the applicant has demonstrated to the Township's satisfaction there is no other feasible route for such an access drive or driveway and if the slope is disturbed to the minimum extent necessary to accommodate such access drive or driveway.
(b) 
To accommodate a trail or trails that are part of an existing or planned trail network and are located and constructed based upon accepted best management practices for minimizing erosion.
(c) 
To install underground utilities where the applicant has demonstrated to the Township's satisfaction that no alternative location is feasible and that the proposal consists of the minimum disturbance necessary to provide utility service.
(d) 
To construct a single-family detached dwelling unit on a lot that consists entirely of very steep slope area, provided that the following conditions are met:
[1] 
There shall be established a permanent conservation easement of at least 300 feet between any disturbance area [except as permitted in Subsection F(1)(a), (b) and (c) above] and the downslope property line.
[2] 
The applicant shall submit the methods proposed by a professional engineer to preclude any structural and/or foundation problems that may be caused by the steep slope conditions.
(2) 
In no case shall more than 10% of the area containing existing (non-man-made) Category II steep slopes be disturbed.
G. 
Except as permitted in Subsection F above, existing (non-man-made) Category II steep slope areas shall be left undisturbed and shall be subject to a permanent conservation easement that specifically prohibits:
(1) 
Removal of healthy trees and/or vegetation (exotic or noxious species excepted).
(2) 
Earthmoving, earth disturbance, or other alteration of the site ecology, including, but not limited to, the installation of roadways, driveways, on-lot septic systems, sanitary or storm sewers, infiltration systems and stormwater detention basins.
(3) 
Placement or construction of any structure without prior approval of Exeter Township, or unless exempted under § 390-56A.
H. 
In no case shall more than 25% of the area containing existing (non-man-made) Category I steep slopes be disturbed.
I. 
Creation of new, man-made steep slope areas.
(1) 
Surface mining activities, where permitted under this chapter, may create new steep slope areas or near vertical walls pursuant to the regulations established by the Commonwealth of Pennsylvania.
(2) 
Man-made embankments adjacent to street rights-of-way which are the result of cut-and-fill operations are permitted, provided that the following conditions are met:
(a) 
The full width of the street right-of-way shall be graded as required by the Exeter Township Subdivision and Land Development Ordinance and Exeter Township standards.
(b) 
The maximum man-made slope permitted adjacent to a street right-of-way shall be three horizontal to one vertical and begin or end at the edge of the street right-of-way and extend outwards from the right-of-way into the lot or property.
(c) 
No portion of a retaining wall or its supporting elements shall be placed or extend into the street right-of-way. All retaining walls located on the low side of a street shall be set back from the right-of-way a sufficient distance to permit repair work on the wall without adverse effects on any portion of the street right-of-way, sidewalk, curb, cartway or other features which may exist within the right-of-way.
(d) 
The maximum height of a retaining wall or stabilized rock face shall be limited to 10 feet.
(e) 
The proposed man-made steep slopes shall be included in the calculation of minimum lot area and minimum lot width as provided for in Subsections D and E, respectively.
(3) 
Stormwater detention basins as permitted by the Exeter Township Schuylkill River Stormwater Management Ordinance.[1]
[1]:
Editor's Note: See Ch. 320, Stormwater Management, Art. II, Schuylkill River Stormwater Management.
(4) 
Temporary excavations for the construction of buildings and structures are permitted, provided that the natural grade is restored postconstruction.
(5) 
No earth or soil slope shall be created that exceeds three horizontal to one vertical except for landscape berms or terraces having a height of five feet or less may have grades that exceed three horizontal to one vertical as long as the applicant stabilizes such berms/terraces to the satisfaction of the Township Engineer.
(6) 
Retaining walls.
(a) 
Retaining walls and/or exposed/stabilized/rock faces, adjacent to side and/or rear lot or tract boundary lines, shall be set back from said lines a minimum of 10 feet;
(b) 
Retaining walls and exposed/stabilized rock faces supporting an excavation or fill in excess of 10 feet shall be terraced (depth of each terrace segment shall not be less than the height of the wall segment immediately below) with no individual wall segment having a height greater than 10 feet.
J. 
Procedures. Existing lots not requiring subdivision or land development plan approval prior to development.
(1) 
In submitting a permit application for any construction or activity within Category I and/or Category II steep slopes, the applicant shall submit a plan showing the Category I and Category II steep slopes. The Zoning Officer will not issue a permit until a plan is submitted indicating, to the satisfaction of the Township Engineer, that all potential problems of steep slopes have been resolved.
(2) 
The applicant shall submit plans showing existing and proposed topography, proposed structure and building locations, streets and driveways location and grade, site drainage, sanitary facilities, grading plan, revegetation or planting plan prepared by a registered architect, engineer or landscape architect. Plans shall be accompanied by drawings or a statement of how problems of surface water runoff, erosion, soil stabilization, on-lot sewage disposal, revegetation, sediment control and all other associated problems are proposed to be overcome.
(3) 
Should the area designated as steep slopes be found to be inaccurate, based on a topographical survey prepared by a licensed surveyor or engineer, showing two-foot contour intervals, then the zoning requirements for such property shall be based upon the topographical survey.
K. 
Lots and parcels subject to subdivision and land development review and approval will be evaluated for conformance with this section during the review and approval process for the plan.

§ 390-49 Removal of natural resources.

A. 
Natural resources are defined to include: trees, water, topsoil, minerals, rocks and other products of the earth.
B. 
Except where listed as a permitted use elsewhere in this chapter, or where permitted as part of the land development process by the Exeter Township Subdivision and Land Development Ordinance, removal of natural resources from a lot is not permitted.

§ 390-50 Standards for public utility uses.

A. 
All areas for parking and loading shall be located between the building and rear lot line.
B. 
If adjoining land is zoned RC, AP, R, SR0, SR1, SR2, SR3 or UR all facilities, storage or activities outside a building shall be screened from view from public streets and adjoining lots.

§ 390-51 Historical area controls.

A. 
Designation of area. Areas to be regulated under this section shall be determined by the Township Supervisors acting upon the recommendations of the Township Planning Commission. The Planning Commission or Historical Commission may, under its own initiative after careful study or by request, recommend the inclusion of an area within this classification. The Supervisors shall consider each recommendation at a regularly scheduled meeting providing opportunity for public comment.
B. 
Markings.
(1) 
The boundaries of each area shall be indicated on a map maintained by the Planning Commission. A separate map shall be prepared for each specific area showing the location of each building and all property lines following approval by the Supervisors.
(2) 
A suitable plaque may be placed by the owner of an individual property within a classified area. The classified area may be indicated by suitable signs. Such identification plaques and signs must be approved by the Planning Commission and conform to the Exeter Township Sign Ordinance.[1]
[1]:
Editor's Note: See § 390-69, Regulations for signs.
C. 
Use regulations. Uses shall be regulated by the zoning district in which the land and/or buildings are situated. Other uses consistent with the historical nature of the area may be considered by special exception.
D. 
The owner must stabilize historic buildings to prevent demolition by neglect. Existing historical properties shall not be permitted to deteriorate either through willful neglect or natural occurrence.
E. 
Modification and alterations or demolition of existing structures. Each external alteration of an existing structure within an area regulated by these controls shall require the prior submission of sketch drawings to the Planning Commission. Such plans shall be examined to determine whether they are in conformance with the character of the area as required by historical review, § 390-51G.
F. 
New construction.
(1) 
The construction of any buildings within an area regulated by these controls shall require the prior submission of the following items to the Planning Commission:
(a) 
Sketch floor plans.
(b) 
Sketch elevations.
(2) 
Such plans shall be examined to determine whether they are in conformance with the character of the area as required by Subsection G.
G. 
Historical review. The Planning Commission or a group specifically appointed by the Township Supervisors for this purpose shall be charged with the review of all applications under this section. In the event that a special group is appointed, then the Planning Commission shall forward to them all materials necessary for such review:
(1) 
Within 30 days of receipt of such plans, the body charged with review shall authorize or deny the approval of the plans. If they are denied, then the reason for the denial shall be provided in a written format. No building permit shall be issued until approval is forthcoming.
(2) 
In evaluating any proposal under this classification, Subsection H shall be the sole basis for final decision.
H. 
Historical development standards. No approval shall be granted until the proposed building construction, reconstruction, modification or alteration conforms to the following standards:
(1) 
The architectural style, general design, arrangement, location and materials shall be in harmonious interrelationship with the exterior architectural features of other structures in the immediate surrounding area;
(2) 
The exterior shall be designed so as to retain and reaffirm the basic, underlying characteristics which are common to the immediate surrounding area;
(3) 
The architectural characteristics shall be such that the building blends and forms a part of the total appearance of the entire area which is subject to these regulations.

§ 390-52 Outdoor storage.

Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises, subject to requirements of the prevailing zoning district.

§ 390-53 Private airports/heliport.

A. 
A special exception is required from the Zoning Hearing Board if a person desires to maintain a private aircraft on his lot. In addition to the information required elsewhere in this chapter, the following information shall be submitted to the Zoning Hearing Board:
(1) 
A map of the lot indicating the runway/landing area, necessary approach zone and parking apron;
(2) 
A statement indicating the reasons for the need to utilize an aircraft and the flight experience of the applicant;
(3) 
A description of the type of aircraft to be used with its stated capacities;
(4) 
A statement of the intended use of the aircraft and prospective pilots.
B. 
The following standards shall be satisfied:
(1) 
There must be a setback called the lateral clear zone extending 500 feet from the center line of the runway/landing area to any lot line;
(2) 
No aircraft other than one single-engine propeller-driven aircraft or three-seat helicopter shall be permitted;
(3) 
No application shall be approved which does not provide a runway of 1,500 feet, an approach zone of 1,000 feet and a parking apron of 1,000 feet;
(4) 
No activities shall be permitted by which any commercial use is made of the aircraft;
(5) 
Approval from the Federal Aviation Administration shall be received and all FAA regulations shall be adhered to.
(6) 
No night landings shall be permitted;
(7) 
No runway/landing area shall be paved or equipped with landing lights unless required by FAA regulations.

§ 390-54 Manufactured and industrialized housing foundation requirements.

Each manufactured or industrialized housing unit shall be provided with a permanent foundation that will not heave, shift, settle or move due to frost action, inadequate drainage, vibration or other forces acting on the foundation. The foundation shall be of adequate size, material and construction so as to be durable and adequate for the support of the maximum anticipated loads during all seasons of the year. All open spaces between the floor and foundation shall be permanently enclosed to prevent unauthorized entry and to conceal supports and utility connections. Every unit shall be anchored to the foundation to prevent overturning or uplift. Manufactured or industrialized housing shall conform to all applicable provisions contained within the Pennsylvania Uniform Construction Code. The application for placement of the units shall be accompanied by specifications for the foundation and anchoring and calculations indicating that the foundation and anchoring are adequate to meet the standards of this section.

§ 390-55 Environmental assessment statement.

A. 
Content of environmental assessment statements. The purpose of the assessment is to determine the impact of the project on the existing site, and the resultant changes the proposal will have on the immediate site and surrounding area. In the preparation of this document only factual information, not subjective qualitative statements, shall be presented by the applicant. All sections below shall be addressed:
(1) 
Description of the proposal: describe the proposed or recommended action, its purpose, where it is to be located, when it is proposed to take place and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by reviewing agencies.
(2) 
Description of the environment: include a comprehensive description of the existing environment without the proposal and the probable future environment with the proposal. This description should focus both on the environmental details most likely to be affected by the proposal and on the broader regional aspects of the environment, including ecological interrelationships. Particular attention should be given to the potential effects of past or present use of the site as a repository of toxic or hazardous wastes.
(3) 
The environmental impact of the proposed action: describe the environmental impacts of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, either beneficial or detrimental. Whenever possible, these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land as well. Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.
(4) 
Mitigating measures included in the proposed action: include a discussion of measures which are proposed to be taken or which are required to be taken to enhance, protect or mitigate impacts upon the environment, including any associated research or monitoring.
(5) 
Any adverse effects which cannot be avoided should this proposal be implemented: include a discussion of the unavoidable adverse impact described in Subsection A(3) and (4) above, the relative values placed upon those impacts, and an analysis of who or what is affected and to what degree affected.
(6) 
The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity: discuss the local short-term use of the environment involved in the proposed action in relation to its cumulative and long-term impacts and give special attention to its relationship to trends of similar actions, which would significantly affect ecological trends of similar actions, which would significantly affect ecological interrelationships or pose long-term risk to health and safety. Short-term and long-term do not refer to any fixed time periods, but should be viewed in terms of the various significant ecological and geophysical consequences of the proposed action.
(7) 
Any irreversible or irretrievable commitments of resources which would be involved in the proposed action should it be implemented: discuss and quantify, where possible, any irrevocable uses of resources, including such things as resource extraction, erosion, destruction of archaeological or historical sites, elimination of endangered species' habitat and significant changes in land use.
(8) 
Alternatives to the proposed action: describe the environmental impacts, both beneficial and adverse, of the various alternatives considered.
B. 
Outline considerations for developing environmental assessment statements:
(1) 
Description of the proposal:
(a) 
Who is proposing the action?
(b) 
What is the nature of the action to be taken?
(c) 
What is it designed to accomplish? What identified needs will be met and to what degree?
(d) 
Where will it take place?
(e) 
When will it take place? Indicate phasing of acquisition and development items, if applicable, and timetables for completion.
(f) 
How does it fit in with the planning efforts, local agencies, comprehensive plans, etc.?
(2) 
Describe the environment:
(a) 
What are the present and past land uses of the site and of the surrounding area?
(b) 
Comment on any special topographic features which may be present.
(c) 
Describe the site's surface and subsurface geologic characteristics.
(d) 
Describe the nature of the soils in the area, particularly their fertility and susceptibility to erosion.
(e) 
Describe the area's water resources, with specific reference to groundwater, water quality, aquifers and aquifer recharge areas and areas subject of flooding.
(f) 
Describe the area's vegetation, including species composition, distribution, commercial utility and aesthetics. Special reference should be made to unusual or unique species.
(g) 
Describe the nature of existing transportation routes in the immediate area and the accessibility to the project site.
(3) 
Environmental impact of the proposed action:
(a) 
What will be the effect on land uses in the area?
(b) 
Will the project affect any site listed on the National Register of Historic Places?
(c) 
In what way will soils and topography to affected? Consider such things as soil compaction, erosion, exposure of slopes, excavation, creation of unstable slope/soil configurations, cutting and filling, removal of topsoil, paving, loss of existing natural landscape qualities, blockage of view lines to landmarks, blockage of view corridors, etc.
(d) 
Will solid wastes be generated? How and where will they be disposed of? Indicate what types and volumes will be generated and how and whether they will be stored prior to disposal and method of disposal. Discuss removal of clearance, demolition and construction wastes.
(e) 
How will water resources be affected? Consider the water table, runoff, sewer systems, rivers and streams, water supply, etc. Indicate content of any effluent which will be discharged. Address loss of floodwater absorption capacity in natural absorption areas, effects on stream volume, velocity and seasonal flows, diversions or blockage of surface water, alterations of natural watercourses, introduction or increase of effluents or toxic, hazardous or radioactive substances to runoff or water bodies, effects on aquatic life, any blockage or impairment of access to watercourses, effects on groundwater recharge, release of groundwater supply, withdrawal of groundwater supplies, blockage of groundwater flow, contamination of groundwater supply, effect on water temperatures, sedimentation, changes in levels of water bodies.
(f) 
How will vegetation be affected? Discuss the removal of ground cover, loss of valuable local species, loss of wildlife habitat, introduction of vegetation which will spread onto adjacent lands, introduction of exotic vegetation, creation of areas of highly visible, dying or decaying vegetation.
(g) 
How will fauna be affected? Consider habitat destruction, reduction of population, impact caused by human intrusion, mobility restrictions, food chains, etc.
(h) 
How will transportation routes be affected? Consider congestion, hazards, capacities of affected roads and intersections, traffic to be generated, generation of truck traffic.
(i) 
Effect on air quality and ambient noise level? Include what odors will originate; types and concentrations of gases, vapors, particulates and smoke; noise and vibration levels at property lines. Indicate whether heat or glare will be present near property lines and level of heat and/or glare. Indicate levels of electromagnetic radiation at property lines. Indicate effects on local temperatures and wind circulation and whether there are any plants, animals or materials in the area that are particularly susceptible to expected emissions. Indicate the nature, concentration and quantity of radioactive material to be discharged to the environment, pathways for entering the environment, dose to populations and biota and possible concentrations through food chains.
(j) 
Describe management practices proposed for the area.
(4) 
Mitigating measures included in the proposed action. Discuss actions or measures which will be taken to avoid or alleviate adverse environmental effects. Include reference to erosion control methods and adherence to air, noise or water pollution control techniques and standards.
(5) 
Unavoidable adverse effects. If adverse effects have been identified in Subsection B(3) and cannot be mitigated, they should again be identified here. Describe who or what will be affected, and to what degree. Quantify wherever possible.
(6) 
Relationship between the local and short-term use of man's environmental and the maintenance and enhancement of long-term productivity. What are the impacts of the proposal in the context of other similar projects. In what way will future generations be affected by the currently proposed action? How do the immediate and long-range impacts of the area with the project compare with the immediate and long-range impacts without the project?
(7) 
Any irreversible or irretrievable commitments of resources. Discuss any irrevocable commitments of resources resulting from implementation of the proposal. An evaluation must be made of the extent to which the proposed action curtails or restricts the range of possible resources uses. Such commitments may occur because of resources extraction, erosion, destruction of archeological, geological or historic features, destruction of fragile habitat or endangered species habitat, unalterable changes in land use and resources used in project development.
(8) 
Alternatives to the proposed action. Identify alternatives which may be considered, including modification of the present proposal and different approaches to gaining the same result. The beneficial and adverse effects of the alternatives should be discussed, along with the reasons for rejection. Where appropriate, consideration should be given to alternate construction methods which may avoid environmental degradation.

§ 390-56 Forestry controls/timber harvesting controls.

A. 
Timber harvesting is permitted as part of a timber harvesting plan, forest management plan or forest stewardship plan. A forest is more than a collection of trees. It is a dynamic ecosystem, defined by the interactions of living organisms with their environment. To use this resource wisely requires a broad understanding of the biological processes involved as well as an appreciation for the economic, social, and personal pressures that influence woodlot management decisions. By practicing sound forest management, the owner and community can reap great benefits from the forest: clean water, forest products, wildlife, and aesthetic enjoyment. For these reasons timber harvesting shall be done only in accordance with a forest management plan, a timber harvesting plan or forest stewardship plan prepared by a forester. Timber harvesting under this section shall not be in association with subdivision, land development, or construction activities. Tree removal in association with subdivision, land development, and construction activities is governed by the Exeter Township Subdivision and Land Development Ordinance,[1] as amended and the Exeter Township Tree Ordinance, as amended.[2] The applicant shall submit the following plans and reports at least 30 days prior to the scheduled start of the timber harvest for review and approval by the Zoning Officer, who may consider recommendations from the Exeter Township Environmental Advisory Council:
(1) 
Either a timber harvesting plan, a forest management plan or a forest stewardship plan shall be submitted, containing the following elements:
(a) 
Ecological considerations.
(b) 
Forest health.
(c) 
Soil resources.
(d) 
Water resources.
(e) 
Fauna resources.
(f) 
Flora resources.
(g) 
Silviculture/timber management.
(h) 
Nontimber forest products.
(i) 
Infrastructure.
(2) 
Methods.
(a) 
Timber harvesting shall only be permitted by one of the following methods:
[1] 
Improvement cutting;
[2] 
Salvage cutting; or
[3] 
Single tree selection or group selection method that avoids high grading (i.e., where all trees of high commercial value are selected).
(b) 
Clear-cutting is only permitted when the Forestry Bureau's applicable reservation guidelines are followed, and is fully justified by a forester preparing the timber harvesting plan, forest management plan or forest stewardship plan, as the timber harvest method necessary to improve regeneration of a forest.
(3) 
A harvested tree inventory report shall be prepared for the area included in the timber harvest. The harvested tree inventory report shall include the number of each species and diameter of trees harvested per acre and will be utilized by the Township to determine replacement tree requirements pursuant to Exeter Township Tree Ordinance, as amended,[3] in the event that a subdivision or land development plan is submitted within five years of the date that a zoning permit is issued to allow the timber harvest.
[3]:
Editor's Note: See Ch. 348, Trees.
(4) 
An erosion and sedimentation pollution control plan (E&SPC plan) utilizing best management practices (BMPs) designed to prevent erosion and sedimentation during and after the timber harvest operation shall be submitted at the same time the harvested tree inventory report and timber harvest plan, forest management plan or forest stewardship plan is filed. Evidence that the E&SPC plan has been approved by the Berks County Conservation District and/or the PA Department of Environmental Protection shall be submitted to the Zoning Officer prior to start of the timber harvest. The E&SPC plan shall also demonstrate compliance with and incorporate the following requirements:
(a) 
All cutting, removing, skidding and transporting of trees shall be planned and performed in such manner as to minimize the disturbance of or damage to other trees and vegetation and the land. The use of skid trails rather than skid roads is encouraged.
(b) 
Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways.
(c) 
Roads and trails shall be only wide enough to accommodate the type of equipment used, and grades shall be kept as low as possible.
(d) 
Where possible, stream crossings shall be avoided but, where deemed necessary, crossings shall be made at a right angle and shall incorporate suitable culverts or bridges.
(e) 
Skidding across a live or intermittent stream is prohibited except over bridges and culverts.
(f) 
Buffer zones.
[1] 
Buffer zones of 25 feet shall be maintained in the property on which the timber harvest is being conducted along all streets and abutting properties. No buffer zone shall be required between forested areas on abutting properties (which properties are not separated by a roadway), however, no tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.
[2] 
Improvement cutting, salvage cutting, single tree selection cutting or group selection cutting may be permitted by the Township Zoning Officer within the twenty-five-foot buffer zone, provided that the applicant demonstrates and agrees to utilize appropriate measures to ensure that:
[a] 
Trees shall not be felled such that they land within a public or private roadway without the express written consent of the Township, landowner (in the case of a private roadway) or Pennsylvania Department of Transportation, whichever entity being responsible for the maintenance of such roadway;
[b] 
Trees shall not be felled such that they create a public health, safety or welfare concern;
[c] 
Adequate erosion and sedimentation controls, measures and practices shall be utilized to prevent increased runoff or forest degradation; and
[d] 
Applicant shall be responsible for ensuring that no tops, slash or other debris resultant from the timber harvesting impedes any stormwater management facilities or matriculates into any roadway.
[e] 
Buffer zones of 25 feet shall be maintained along any streams and around ponds or springs. Improvement cutting, salvage cutting, single tree selection cutting or group selection cutting may be permitted within the twenty-five-foot pursuant to Subsection A(4)(f) above, subject to the additional restriction that an applicant shall ensure that trees shall not be felled such that they will land within a stream, without the express written consent of the Township and any other necessary outside agency approval; and applicant shall ensure that no tops, slash or other debris resultant from the timber harvesting matriculates into a stream.
[f] 
Everything practicable shall be done to prevent damage to young growth and trees not designated for cutting. Bumper trees should be used to protect residual trees.
[g] 
All limbs and studs shall be removed from felled trees prior to skidding.
[h] 
All trees bent or held down shall be released promptly.
[i] 
No trees shall be left lodged in the process of felling.
[j] 
Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding on or across streets is prohibited without the express written consent of either Exeter Township for Township streets or the PennDOT for state roads.
[k] 
No tops or slash shall be left within 25 feet of any public street right-of-way or adjoining property; within 25 feet of any stream or historic or scenic trail; or within 10 feet of any drainage ditch or floodplain.
[l] 
The stumps of all felled trees shall be permitted to remain in the soil for stabilization purposes.
[m] 
During periods of abnormal forest fire danger, as determined by the State Fire Marshal, the Township shall have the right to order a suspension of all timber harvesting operations until the danger subsides.
[1]:
Editor's Note: See Ch. 330, Subdivision and Land Development.
[2]:
Editor's Note: See Ch. 348, Trees.

§ 390-57 Dwelling unit determination.

In determining the maximum number of dwelling units permitted in a townhouse or apartment development or a mobile home park and the maximum number of travel trailer or tent sites permitted in a campground, the permitted maximum gross density shall be multiplied by the net acreage of the apartment or townhouse development, mobile home park or campground. The net acreage is the total acreage of the tract being developed minus the acreage of the tract that contains slopes of 25% or greater, one-hundred-year floodplains, wetlands, utility rights-of-way and road rights-of-way.

§ 390-58 Storage of vehicles.

A. 
Automotive vehicles or vehicular dwellings of any type, except agricultural equipment, without current license plates shall not be parked or stored within an RC, AP, R, SR0, SR1, SR2, SR3 or UR District other than in completely enclosed buildings.
B. 
In NC, HC, SCC, LI, and GI Districts, automotive vehicles or vehicular dwellings of any type must be stored within completely enclosed buildings unless the vehicles or vehicular dwellings are for sale at a sales agency dealing in automotive vehicles and/or vehicular dwellings or are stored within a junkyard permitted by this chapter.
C. 
No tractor-trailer truck, other than a vehicle used in conjunction with a lawful conforming or nonconforming use, shall be stored within an SR0, SR1, SR2, SR3 or UR District unless it is stored within a completely enclosed building.

§ 390-59 Energy systems.

A. 
Solar energy systems.
(1) 
The use of solar energy systems, including solar collectors, storage facilities, and distribution components, for space heating and cooling and water heating is a permitted accessory use in all zoning districts.
(2) 
Solar energy collectors and equipment used for the mounting or operation of such collectors are exempt from the height limitations stated in this chapter.
(3) 
Apparatus necessary for the operation of solar energy systems, such as overhangs, moveable insulating walls and roofs, and reflectors may project up to six feet into required yards, provided that they are not located closer than six feet to any lot line.
(4) 
Detached solar collectors used solely for such purpose shall be considered permissible accessory structures in all zoning districts, but shall not be included in computing lot coverage.
B. 
Small wind energy systems.
(1) 
Small wind energy systems shall be a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth in this section. Wind energy systems with a rated capacity of greater than 100kW shall only be permitted as accessory uses to nonresidential uses in the NC Neighborhood Commercial, HC Highway Commercial, SCC Shopping Center Commercial, GI General Industrial and LI Light Industrial Zoning Districts, noting that such uses shall be limited to use for on-site energy consumption and which shall be subject to compliance with the requirements in Subsection B(2) below.
(2) 
General requirements.
(a) 
Turbine height limitation. For property sizes less than one acre, the turbine height shall be limited to 80 feet. For property sizes of one acre or more, there is no limitation on turbine height, except as imposed by FAA regulations.
(b) 
Wind turbines. Only small wind energy systems approved under a small wind certification program recognized by the American Wind Energy Association are permitted. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Winder Energies, or other similar certifying organizations. The small wind energy system must conform to industry standards, including those of the American National Standards Institute.
(c) 
Compliance with Uniform Construction Code. To the extent applicable, small wind energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Pennsylvania Department of Labor and Industry, building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. The applicant must submit an engineering analysis of the tower showing compliance with the Uniform Construction Code certified by a licensed professional engineer.
(d) 
Wind turbines shall not be directly affixed to an existing building unless the applicant submits certification from an engineer as to the structural capacity of the building to handle such turbines.
(3) 
Controls and braking. All small wind energy systems shall be equipped with a redundant braking system, including aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(4) 
Power failure. If a small wind energy system is connected to the grid of an electric utility, the small wind energy system must incorporate controls to automatically cease any transmission of electricity from the small wind energy system to the electric utility grid in the event of a power failure. The approval of such controls must be obtained from the public electric utility provider to which the small wind energy system is connected.
(5) 
Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(6) 
Electrical components. All electrical components of the small wind energy system shall conform to the relevant and applicable local, state and national codes, and relevant and applicable international standards. Particularly, building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(7) 
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such utility has approved the same. Off-grid systems shall be exempt from this requirement.
(8) 
Inclement weather. All small wind energy systems shall be designed to lower or as a tilt down system in the event of inclement weather.
(9) 
Visual appearance; lighting; powerlines.
(a) 
Wind turbines shall be coated with a nonreflective, nonobtrusive color.
(b) 
Wind turbines shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(c) 
Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.
(d) 
On-site transmission and power lines shall, to the maximum extent possible, be placed underground. Electrical controls and control wiring and powerlines shall be wireless or not above ground except where the wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to the network.
(e) 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations for wind turbines.
(f) 
Visible, reflective colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet.
(10) 
Setbacks. The following setbacks and separation requirements shall apply:
(a) 
Property lines. Each small wind energy system shall be set back from the nearest property line a distance no less than 1.1 times the turbine height.
(b) 
Public roads. Each small wind energy system shall be set back from the nearest public road a distance no less than 1.1 times the turbine height, with the nearest public road a distance no less than 1.1 times the turbine height, with the nearest public road being determined at the nearest boundary of the underlying right-of-way for such public road.
(c) 
Communication and electrical lines. Each small wind energy system shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its turbine height, determined from the existing power line or telephone line.
(d) 
There are no setback requirements between wind turbines and other buildings or structures within an individual's property, provided that building and yard setbacks from adjacent properties are met (as are set forth in the area, yard and height regulations applicable to each zoning district). The owner shall accept liability for any damage caused by the small wind energy system.
(11) 
Noise. Noise due to small wind energy systems shall not exceed the sound decibel limitations set forth in the Township's Noise Ordinance[1] for any period of time, when measured at a the property line.
[1]:
Editor's Note: See Ch. 257, Noise.
(12) 
Minimum ground clearance. The blade tip of any wind turbine rotor shall, at its lowest point, have ground clearance of no less than 15 feet.
(13) 
Signal interference. The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals, caused by any small wind energy system.
(14) 
Safety.
(a) 
All wiring between small wind energy systems, wind turbines and the facilities served thereby shall be underground. Small wind energy systems attached to a building will require wiring to be placed in conduits.
(b) 
Wind turbine towers shall incorporate methods to prevent unauthorized persons from climbing the same up to 15 feet above ground level. All access to small wind energy systems, including wind turbines and the associated electrical equipment, shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.
(15) 
Insurance. The landowner on whose property a small wind energy system is proposed shall provide the Township with proof of insurance sufficient to cover any personal injury and/or property damage to adjacent property owners or others caused by installation or result of installation. Yearly proof of insurance must be submitted to the Township.
(16) 
Decommissioning; removal.
(a) 
Should any of the following events occur, the landowner shall be responsible to decommission and remove the small wind energy system:
[1] 
If the landowner has ceased use or operation of the system for a period of greater than six months, and, after notice from the Township of the same, the landowner has failed to certify its intent to recommence and to recommence its use or operation of the system within 30 days of receipt of such notice from the Township;
[2] 
If the Township, through its Zoning Officer or Codes Enforcement Office, as applicable and appropriate, determines that the system is not compliant with the requirements of this chapter and/or the permit approving the construction of the same; or
[3] 
If the system poses a threat to the public health, safety or welfare, which threat is not remedied by the landowner upon notice and within the time period prescribed by the Township.
(b) 
In the event that the system poses an immediate threat to the public health, safety or welfare, the Township is authorized to take appropriate steps to decommission the small wind energy system and/or to abate the immediate threat, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.
(c) 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches and any other associated facilities.
(d) 
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(e) 
In the event that the landowner does not complete the decommissioning within six months of the occurrence of any of the events set forth in § 390-59(16)(a)[1] through [3], the Township may decommission the system, the costs of which shall be borne by the landowner or, if the landowner refuses to remit payment for the same, may be imposed as a lien against the property.
(f) 
The issuance of any building permit for construction of a small wind energy system shall be conditioned upon the landowner, on behalf of itself, its heirs, successors and assigns, agreeing to the Township's entry onto the property to take such action as necessary to remedy an immediate threat to the public health, safety or welfare, or to decommission any system as provided for herein.

§ 390-60 Open space/conservation development.

A. 
Open space/conservation development shall be a use permitted by right in R, RC, SR0, SR1, SR2, SR3 and UR Zoning Districts. Conventional residential subdivision of lands in excess of 10 acres shall be permitted only by conditional use. Conventional residential subdivision of land less then 10 acres in size shall be a use permitted by right.
B. 
The following requirements are applicable to open space/conservation development in the above-mentioned zoning districts.
(1) 
A ten-acre minimum tract size is required.
(2) 
Public sanitary sewage disposal and public water supply is required or an alternative means provided if designed, constructed, owned, maintained and accepted by the municipal authority and/or public utility.
(3) 
A maximum impervious coverage of 35% is permitted as applied to the gross tract area.
(4) 
A minimum of 50% of the lot area shall be provided as open common space as follows:
(a) 
One hundred percent of environmentally sensitive lands [see Subsection B(6)(a)] shall be included within the common open space.
(b) 
Open space acreage requirement of the Subdivision and Land Development Ordinance shall be provided in addition to the fifty-percent common open space requirements unless a fee in lieu of open space option specifically for the Subdivision and Land Development Ordinance open space requirement is pursued.
(5) 
Residential unit type permitted shall be in accord with unit type or unit types permitted within the respective residential zoning district in which the open space/conservation development is proposed.
(a) 
Estate lots, meeting the following standards, shall be permitted:
[1] 
A minimum size of five acres of which a maximum of one acre may be developed with a single-family detached dwelling and customary accessory uses. Only the undeveloped portion of the estate lot may be used to meet the open space requirement of Subsection B(4).
[2] 
The one acre of the estate lot that may be developed shall include any portion of the site not left in its natural state or used for agricultural purposes: all dwellings, accessory building and structure, paved areas, lawns and gardens, etc.
[3] 
The developed area of the lot shall meet the setback standards of the applicable zoning district.
[4] 
Estate lots shall be restricted by permanent easement against further subdivision.
[5] 
Dwellings on estate lots shall be counted toward the maximum density permitted on a tract.
[6] 
Dwellings shall not encroach on environmentally sensitive area, and should not infringe upon scenic views from exterior roads or from the housing.
(6) 
The number of residential dwelling units permitted shall be determined as follows:
(a) 
Total acreage associated with environmentally sensitive lands prevalent on the tract, specifically areas associated with watercourses, ponds, wetlands, one-hundred-year floodplains, steep slopes in excess of 25%, and total acreage required for utility/water/sewer rights-of-way and/or easements, and on-site sewage disposal and/or water supply facilities, shall be subtracted from the gross tract area to arrive at the total buildable area. An additional 10% of the remaining acreage shall be subtracted for street rights-of-way.
(b) 
Acreage associated with the total buildable area of the tract shall be divided by the by the minimum lot size requirements of the respective residential unit type within the respective residential zoning district in which open space/conservation development is proposed to arrive at the total number of dwelling units permitted.
(c) 
A site analysis plan shall be required as part of the preliminary plan submission. The site analysis plan shall provide the following information on existing site conditions:
[1] 
Topography;
[2] 
Soils and geology;
[3] 
Watercourses, ponds, streams;
[4] 
Wetlands;
[5] 
One-hundred-year floodplain;
[6] 
Steep slopes of 15% to 25%;
[7] 
Steep slopes over 25%;
[8] 
Woodlands;
[9] 
Streets and rights-of-way;
[10] 
Utility rights-of-way and easements; and structures, buildings, utilities and land use.
(d) 
The site analysis plan shall include the following plan notes:
[1] 
Gross tract area;
[2] 
Area of environmentally sensitive lands; and
[3] 
Total buildable area.
(7) 
Area and bulk regulations for an open space/conservation development shall be provided in accord with the following:
(a) 
Minimum lot size requirements.
[1] 
Minimum lot size provided per residential dwelling unit shall be established by the developer in accord with respective residential dwelling type, architectural style and the minimum front yard, side yard and rear yard setback requirements of Subsection B(7)(b).
[2] 
Provision of an individual lot per residential dwelling unit is not required for condominium developments. However, minimum front yard, side yard and rear yard setback requirements shall be met as if individual lots had been created. Minimum side yard and rear yard setbacks function as minimum separation distances between residential dwelling units.
[3] 
Individual lots and/or side yard and rear yard setbacks shall not encroach upon common open space acreage.
(b) 
Minimum front yard, side yard and rear yard setback requirements:
[1] 
A minimum front yard setback of 30 feet is required.
[2] 
A minimum side yard setback of 10 feet is required.
[3] 
A minimum rear yard setback of 40 feet is required.
(c) 
Other setback requirements. All buildings shall be set back a minimum distance of 100 feet from all tract boundaries.
(d) 
One hundred percent of all dwelling units shall each have a minimum of 25 feet of lot line that directly abuts upon the common open space area. At least 50% of the lot line shall abut the open space.
(e) 
The area devoted to common open space shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area within the development containing no less than 30% of the required open space.
(f) 
All residential dwelling units shall obtain vehicular access from streets proposed as part of the open space/conservation development. No proposed residential dwelling unit shall obtain direct vehicular access from existing municipal and/or state roads.
(8) 
Streets shall be designed and constructed in accord with public road standards of the municipality regardless if streets are to be public or private. Curbs, sidewalks, streetlights and street trees shall be provided in accord with municipal standards.
(9) 
Buffer yard requirements:
(a) 
A thirty-foot wide buffer yard shall be provided along the front, side and rear tract boundaries.
(b) 
Common open space proposed that is situated either between existing municipal and/or state roads and proposed residential dwelling units or between existing developed lands and proposed residential dwelling units does not negate the buffer yard requirement to screen residential dwelling units from adjoining roads or existing development.
(c) 
The buffer yard shall be measured from the street right-of-way line in those circumstances that the tract and/or individual lot abuts upon a public or private street. The buffer yard shall be measured from the side and rear property line if the side or rear property line does not coincide with a public or private street.
(d) 
The buffer yard is required even if boundary or street right-of-way corresponds with lands or streets within an adjoining municipality.
(e) 
If a district boundary is coincident with the center line of a public and/or private street the buffer yard shall be measured from the street right-of-way line.
(f) 
The buffer yard may be coterminous with the required yards and in case of conflict, the larger yard requirements shall apply.
(g) 
A thirty-foot wide buffer yard shall contain a minimum fifteen-foot wide planting strip that extends the full length of the buffer yard along all boundary lines or street right-of-way lines as required. This planting strip shall be landscaped in accord with this chapter. The fifteen-foot wide planting strip may meander within the thirty-foot wide buffer yard. The entire width of the buffer yard may be utilized for plant material if so desired.
(h) 
In all buffer yards, the area not within the fifteen-foot wide planting strip shall be planted with grass sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass, except as specifically regulated otherwise by this chapter.
(i) 
No structure, manufacturing or processing activity, or material storage shall be permitted within the thirty-foot wide buffer yard. Off-street parking and access drives may extend within the thirty-foot wide buffer yard by 15 feet unless otherwise prohibited by other regulatory requirements of this chapter.
(j) 
All buffer yard landscape planting requirements shall be in accord with regulations contained herein.
(k) 
Quantity and characteristics of plant material required shall be determined as follows:
[1] 
For the determination of quantity of plant material to be utilized consider three rows of plant material, with plant material staggered 10 feet on center in each row with each row five feet apart.
[2] 
A combination of separation distances may be utilized depending upon the plant material selected by the owner. The quantity and characteristics of required plant material shall be required as a minimum regardless of the desired plant spacing. Increased spacing between plant materials may precipitate the need to expand the width of the planting strip in order to accommodate the plant materials.
[3] 
The buffer shall consist of a minimum 20% deciduous trees and shrubs, 10% flowering trees and shrubs and 70% evergreen trees and shrubs. The 70% of the buffer comprised of evergreen trees and shrubs shall be equally divided among the evergreen species selected.
[4] 
No more than 40% of the plant material may be shrubs except as otherwise permitted.
[5] 
Deciduous and evergreen hedge plant material may be incorporated within the buffer yard.
(l) 
Plant material may be arranged in a more natural configuration within the buffer yard.
(m) 
The use of earthen berms as part of the buffer yard is strongly encouraged. Earthen berms may undulate both horizontally and vertically to achieve a natural effect.
(n) 
The buffer yard planting shall be maintained permanently and any plant material which is determined not to be living, diseased, or in poor condition shall be replaced within 30 days of notification, season permitting.
(o) 
The buffer yard planting may be broken at points of vehicular or pedestrian access.
(p) 
The buffer yard shall not obscure required sight distance requirements.
(10) 
Use of common open space shall be in accord with the following:
(a) 
Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use;
(b) 
Agricultural uses, including horticulture and raising of crops. No structures or retail sales are allowed on the property. Intensive agricultural uses, including concentrated animal feeding operations are specifically prohibited;
(c) 
Stables, paddocks and pastureland for grazing of horses solely for noncommercial recreational purposes to be used exclusively by residents of the development and their guests. All other types of farm animals are specifically prohibited. Equestrian facilities shall be permitted but may not consume more than 50% of the minimum required common open space acreage;
(d) 
Conservation of land in its natural state such as woodlands, meadows and/or fallow fields;
(e) 
Forestry with established best management practices for selective harvesting and sustained-yield forestry;
(f) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens and similar low-impact passive recreational uses;
(g) 
Water supply and sewage disposal systems, including alternate sites and stormwater management provisions (excluding easements for drainage, access, sewer or water lines) designed, landscaped, and available for use as an integral part of the common open space acreage;
(h) 
Active noncommercial and non-municipally owned recreation areas, such as ball fields, playgrounds, tot lots, ball courts, or bikeways and their associated acreage may be attributable toward the 50% common open space requirement;
(i) 
Underground utility rights-of-way or easements proposed in conjunction with the open space/conservation development. Area associated with rights-of-way or easements for existing underground utilities or existing overhead utilities are excluded from open space area requirements.
(11) 
The designated open space land and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:
(a) 
The developer shall provide the Township with a description of the association, proof of incorporation of the association, a copy of its bylaws and satisfactory proof of adoption thereof, a copy of the declaration of covenants, easements or restrictions or similar document(s) regulating the use of the property and setting forth methods for maintaining the open space.
(b) 
The association shall be organized by the developer and operated with financial subsidization from the developer before the sale of any lots within the development.
(c) 
Membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to the homeowners shall be identified.
(d) 
The association shall be responsible for maintenance and insurance on open space owned by the association, enforceable by liens place by the homeowners' association. Maintenance obligations also may be enforced by the Township, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.
(e) 
The members of the association shall share equitably the costs of maintaining open space owned by the association. Shares shall be defined within the association bylaws or declaration. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
(f) 
In the event of a proposed transfer, within the methods here permitted, of open space by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all members of the association.
(g) 
The association shall have or hire adequate staff to administer common facilities and to properly and continually maintain the open space.
(h) 
The homeowners' association may lease open space lands to any other qualified person or corporation for operation and maintenance of such lands, but such a lease agreement shall provide:
[1] 
That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow);
[2] 
That the open space lands to be leased shall be maintained for the purposes set forth in this chapter; and
[3] 
That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners' association, as the case may be.
(12) 
Covenants and restrictions shall be established in accord with the following requirements. The following information shall be provided within any covenants and/or association documents. Ownership, administration, maintenance and use provisions associated with any and all commonly held amenities and facilities of a subdivision and/or land development shall be identified within a homeowner's association document, condominium association document or management association document. This information shall be submitted to the municipality for review and approval in conjunction with subdivision and/or land development plan submission. The document shall contain the following information at a minimum:
(a) 
Declaration of covenants.
[1] 
The declaration of covenants, grants of easement, conditions and restrictions shall state the requirement of mandatory membership for all residents of a development in a residents' association, if such an association is to be created for ownership, administration and maintenance of any and all commonly held amenities and facilities.
[2] 
Declaration of covenants shall include, but shall not be limited to, the following:
[a] 
Parties to the declaration.
[b] 
Effective date of declaration.
[c] 
Definition of terms used in the declaration.
[d] 
Establishment of an association (if applicable).
[e] 
Property rights of the landowner and of individual owners of property in any and all lands included within the limits of the subdivision or land development.
[f] 
Title to commonly held amenities and facilities including open space and recreational areas and infrastructure.
[g] 
Covenants, restrictions and use provisions associated with the commonly held amenities and facilities, including open space and recreational areas and infrastructure.
[h] 
Membership and voting rights of developer and of residents and/or property owners in the association, if applicable.
[i] 
Rights of tenants or lessees.
[j] 
Covenant for maintenance agreement for all commonly held amenities and facilities, including open space and recreational areas and infrastructure.
[k] 
Responsibility of owners of property concerning maintenance of individual property.
[l] 
Assessments for maintenance and special assessments.
[m] 
Collection of maintenance and special assessments.
[n] 
Exemptions from assessment.
[o] 
Architectural controls.
[p] 
Party wall agreements, where applicable.
[q] 
Exterior maintenance, including necessary enforcement of maintenance provisions.
[r] 
Stage developments, including rights of all owners of property in all developed areas.
[s] 
Number of occupants in an apartment unit and in townhouse unit based on number of bedrooms in the dwelling unit.
[t] 
Rights and responsibilities of the municipality.
(b) 
Articles, certificates and bylaws of association, including:
[1] 
Name of association.
[2] 
Organizational outline of association.
[3] 
Date, time and place for association meetings.
[4] 
Means of notification of meetings.
[5] 
Constitution of quorum for a meeting.
[6] 
Method of election and terms of office for officers.
[7] 
Board of Directors of association.
[8] 
Powers, duties and responsibilities of officers and of the board of directors of association.
[9] 
Date, time and place of meetings of board of directors.
[10] 
Record of association and of board of directors and means of public access to the records.
[11] 
Levying and collecting of assessments called for in declaration of covenants, conditions and restrictions.
[12] 
Membership and voting rights of developer and residents in association.
[13] 
Copies of any and all other restrictions which will run with the land and will become covenants in the deeds of the lots.
(c) 
Ownership, maintenance, use provisions and use restrictions associated with the common open space shall be identified.
(13) 
Utilities shall be designed and constructed in accord with requirements of the applicable authority. All utilities shall be underground.
(14) 
Management, maintenance and ownership of open space.
(a) 
The developer shall provide written agreements, satisfactory to the Board of Supervisors, for the perpetual preservation of the open space.
(b) 
The developer shall make arrangements, provisions or agreements to ensure that the common open space shall continue to be adequately managed and maintained.
(c) 
The developer shall have the following options for ownership, management, and maintenance of the common open space:
[1] 
Retain ownership and responsibility for the management and maintenance.
[2] 
Dedicate the land to a homeowners' association that includes all of the residents of the development.
[3] 
Convey the land to a land trust or similar nonprofit organization whose purpose is to hold property in perpetuity for preservation purposes. Endowments for ongoing maintenance and other ownership expenses, if required, shall be the sole responsibility of the developer.
(15) 
Maintenance standard.
(a) 
The ultimate owner of the open space shall be responsible for raising all monies required for operations, maintenance or physical improvements to the open space through annual dues, special assessments, etc. The homeowners' association shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues, assessments, etc.
(b) 
In the event that the association or any successor organization shall, at any time after establishment of a development containing undivided open space, fail to maintain the undivided open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the undivided open space in reasonable condition.
(c) 
Failure to adequately maintain the undivided open space in reasonable order and condition constitutes a violation of this chapter. The Township is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.
(d) 
Should any bill or bills for maintenance of undivided open space by the Township be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.

§ 390-61 Resubdivision.

A resubdivision within 10 years of a previous subdivision is discouraged and shall be carefully reviewed in accordance with SALDO to assure that all appropriate standards set forth in this chapter are maintained.

§ 390-62 Portable toilets.

A. 
All buildings and uses generating sewage shall be connected to public sewers if they are within 150 feet of said public sewers, or to approved, permitted and functioning on-site septic treatment systems if beyond 150 feet of public sewers.
B. 
Portable toilets shall be allowed only as follows:
(1) 
At construction sites for the use of workers while on site.
(2) 
Special events such as parades, inaugurations, etc.
(3) 
Municipal use.
(4) 
Seasonal use.

§ 390-63 Bed-and-breakfast.

A. 
The bed-and-breakfast shall remain incidental and secondary to the principal use of the buildings as a dwelling.
B. 
The operator of a bed-and-breakfast shall reside in the dwelling house of said facility. Nonresident employees shall be restricted to two in addition to the resident members of the family.
C. 
A maximum of six bedrooms shall be devoted to the bed-and-breakfast use.
D. 
Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by another government agency. Fire escapes, external stairways, or additional external doors shall be located either to the side or rear of the residence.
E. 
There shall be no separate cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and eating facilities shall be open only to guests.
F. 
When located within 100 feet of residential use, active outdoor recreation amenities, such as a swimming pool or tennis court, shall be limited to the hours of 9:00 a.m. to 10:00 p.m.
G. 
Where an on-lot sewage disposal system is to be used, the application for the use shall be accompanied by a valid Exeter Township Sewage Enforcement Officer permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the existing system fail.
H. 
Signs associated with the bed-and-breakfast facility shall be in accordance with § 390-69.
I. 
Bed-and-breakfast facilities shall provide overnight lodging accommodations not to exceed 14 consecutive nights per patron.

§ 390-64 Yard sales.

Yard sales shall be governed by the following:
A. 
Four yard sales are permitted per household in any calendar year.
B. 
The maximum duration of any yard sale shall be three consecutive calendar days.
C. 
Any individual, group, or corporation posting advertisements within the Township shall remove from the Township right-of-way all signs, flyers, posters, and bulletins no later than the date after the yard sale. Should the yard sale not be held, all signs, flyers, posters, and bulletins advertising the yard sale shall be removed no later than the scheduled last day of the yard sale.

§ 390-65 Tank farms.

The following shall apply to tank farms:
A. 
No materials or wastes shall be deposited upon a lot in such a form or manner that it may be transported off by natural causes or forces.
B. 
No substance which can i) contaminate groundwater or surface water; ii) render groundwater or surface water undesirable as a source of water supply or recreation; or iii) destroy aquatic life shall be allowed to enter any groundwater or surface water.
C. 
Tank farms shall be subject to all applicable regulations of the Pennsylvania Department of Environmental Protection.
D. 
Fencing.
(1) 
Fencing design. Fencing shall serve as a structural barrier for the protection of physical assets and personnel. Fencing shall be used to channel authorized vehicle and pedestrian traffic to specific gate locations at the facility.
(2) 
Fence fabric.
(a) 
The fence fabric shall be made of a heavy metal fabric appropriate to the service it is in; it should be clad with a protective coating of zinc, aluminum or aluminum alloy. The fence fabric shall withstand a breaking load sufficient to protect the fence from breaching under normally expected stress. Mesh openings in the fabric shall be no larger than two inches.
(b) 
The fence fabric shall have a minimum height of seven feet.
(3) 
Fence installation.
(a) 
In areas where the fence is over hard surfaces (soil or pavement), the bottom of the fence fabric shall be no more than two inches above the surface.
(b) 
In areas where the fence is over soft surfaces (soil, gravel or sand) the bottom of the fence fabric shall be below the soft surface to account for erosion. If this installation does not provide adequate protection, the bottom of the fence shall be anchored to the ground and shall have a bottom rail or support wire.
(c) 
In areas where the fence crosses uneven grades (streams, culverts or hills) the fence fabric will be extended with additional fence fabric or grating to deter penetration.
(d) 
Fence installations shall not disrupt the flow of water.
(e) 
There shall be no gaps in the fence line that would allow an individual unauthorized access.
(f) 
A top rail shall be installed on the top of the fence.
(g) 
Fencing fabric shall be stretched taut.
(h) 
Fencing installation hardware shall be of sufficient strength for the application and shall be resistant to environmental conditions and individual tampering.
(i) 
The fence shall have a three-strand barbed wire top guard facing outward from the facility at a 45° angle. The barbed wire strands in the top guard shall be spaced six inches apart. The arms supporting the barbed wire top guard shall withstand a weight of 250 pounds applied at the outer strand of barbed wire. The overall height of the fence with the barbed wire shall be a minimum of eight feet.
(4) 
Posts (fence and gate).
(a) 
Fence line posts shall be spaced equidistantly with no more than 10 feet between posts.
(b) 
Fence posts shall withstand a breaking load sufficient for the service it is being placed in (but not less than 1,000 pounds).
(c) 
The diameter of the post holes shall be at least four times the largest cross section of the post.
(d) 
The depth of the post holes shall be a minimum of 36 inches.
(e) 
After the post has been set plumb and is in alignment, the post hole shall be filled with concrete. The exposed surface of the concrete shall be crowned in order to shed water.
(f) 
Terminal posts shall be braced diagonally to the nearest line posts. The angle between the brace and the ground shall be no more than 50°.
(g) 
Post tops shall consist of ornamental tops or combination tops with barbed wire supporting arms as required for the fence service.

§ 390-66 Apartments and townhouses.

The following shall apply to apartments and townhouses.
A. 
The development shall be served by public or community sewage disposal and public or community water supply facilities.
B. 
The minimum amount of land in the development shall be five acres.
C. 
A system for pedestrian circulation throughout the development shall be provided.
D. 
The maximum height of any building shall not exceed 45 feet.
E. 
The minimum building setback line shall be 25 feet.
F. 
The maximum length of an apartment building or a row of townhouses shall be 160 feet.
G. 
No more than four continuous townhouses shall have the same front setback and the variations in front setback shall be at least two feet.
H. 
No more than six townhouses shall be in a continuous row.
I. 
The minimum width of a townhouse shall be 18 feet.
J. 
No townhouse or apartment building shall be located within 50 feet of a property line of the development.
K. 
No townhouse shall be located within 50 feet of a dwelling which is not in the same row of townhouses.
L. 
No more than 30% of the total area of the development shall be covered by buildings.
M. 
No more than 35% of the total area of the development shall be paved.
N. 
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in verminproof containers.
O. 
No less than 20% of the total area of the development shall be permanently set aside for noncommercial common open space purposes, such as parks, recreation or conservation of natural features. The common open space areas shall be suitable for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open space areas may be reserved for private use or dedicated to the Township, if acceptable to the Township. For land which is not dedicated to the Township, a written agreement satisfactory to and approved by the Township Supervisors shall be made for the perpetual preservation and maintenance of the undedicated common open space areas.
P. 
Off-street parking spaces shall be provided in accordance with § 390-37Q.
Q. 
All dead-end parking lots shall provide adequate areas into which cars parked in the end stall of the lots may back.
R. 
Common parking areas and access drives shall be located a minimum of 20 feet from all structures and from the exterior of lot lines of the development.
S. 
Entrance and exitways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
T. 
Parking areas shall not be designed or located to require cars to back into collector or arterial streets (as defined in the Township Subdivision and Land Development Ordinance) in order to leave the parking areas.
U. 
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
V. 
Entrances and exits from common parking areas shall be located a minimum of 50 feet from the point of intersection of the nearest street curblines.

§ 390-67 Electric power production.

The following shall apply to electric power production.
A. 
All generating stations, fuel storage facilities and yards, and electric substations shall be enclosed by a fence with a minimum height of eight feet.
B. 
All fuel stored within tanks is subject to § 390-65, Tank farms.
C. 
All federal, state and supplemental requirements as specified in this chapter pertaining to environmental regulations and performance standards shall be satisfied. It shall be the burden of the applicant to provide the Township with written proof that all said permits have been obtained from the various federal and state agencies having jurisdiction over the facility.
D. 
A screen buffer shall be provided between the facility and any residentially used or zoned property.
E. 
Area, yard and height regulations.
Electric Power Production
Maximum Permitted
Building heights (except for stack) 80 feet
Building lot coverage 65%
Minimum Requirements
Lot size 5 acres
Building setback 100 feet
Lot width
At street line 300 feet
At building setback line 300 feet
Open area 30%
Side yard
Total 150 feet
One side 75 feet
Rear yard 50 feet
Improvement setback 20 feet
Distance between highway access points 100 feet

§ 390-68 Cogeneration electric power production.

The following shall apply to cogeneration electric power production:
A. 
All generating stations, fuel storage facilities and yards, and electric substations shall be enclosed by a fence with a minimum height of eight feet.
B. 
All fuel stored within tanks is subject to § 390-65, Tank farms.
C. 
All federal, state and supplemental requirements as specified in this chapter pertaining to environmental regulations and performance standards shall be satisfied. It shall be the burden of the applicant to provide the Township with written proof that all said permits have been obtained from the various federal and state agencies having jurisdiction over the facility.
D. 
When the cogeneration facility is intended as an accessory use to an existing or proposed sanitary landfill on a site, and is intended to utilize methane generated on site as the source of fuel, the following conditions shall be met:
(1) 
The methane shall constitute at least 60% of the fuel source used to generate electricity.
(2) 
It shall be demonstrated that there is a net environmental benefit within the reading area air basin (as defined by EPA) in the operation of the cogeneration facility over not operating the facility.
E. 
A screen buffer shall be provided between the facility and any residentially used or zoned property.
F. 
Area, yard and height regulations.
Cogeneration Electric Power Production
Maximum Permitted
Building heights (except for stack) 80 feet
Building lot coverage 65%
Minimum Requirements
Lot size 5 acres
Building setback 100 feet
Lot width
At street line 300 feet
At building setback line 300 feet
Open area 30%
Side yard
Total 150 feet
One side 75 feet
Rear yard 50 feet
Improvement setback 20 feet
Distance between highway access points 100 feet
G. 
No access point shall be permitted to U.S. Route 422. All access points shall be to a road which intersects U.S. Route 422 at a traffic light.
H. 
The land on which all improvements are made shall be aesthetically improved so as to complement the neighborhood wherein they are constructed, and a landscaping plan shall be submitted in accordance therewith unto the Township for approval.

§ 390-69 Regulations for signs.

[Amended 6-13-2011 by Ord. No. 713]
A. 
Purpose and intent. The purpose and intent of this section is to regulate the potentially deleterious impact of signs on the Township; to improve the appearance of the Route 422 Corridor; to insure the compatibility of signs with adjacent and nearby land uses; to limit the aesthetic impact that a multitude of clustered signs has on the Township; and to limit and reduce the traffic safety problems that are caused by signs that distract a driver's attention away from the roadway.
B. 
General regulations. All signs shall comply with the following regulations:
(1) 
Except in the case of traffic control signs, school warning signs, time and/or temperature signs and electronic signs erected pursuant to Subsection D below, signs shall not contain moving parts nor use flashing or intermittent illumination, and the source of light shall be steady and stationary.
(2) 
No sign shall be placed in such a position, or have such a source of illumination, that it will cause any danger to pedestrians or vehicular traffic.
(3) 
At all street intersections, no sign, except traffic control signs, school warning signs, and similar signs as provided for by other portions of this chapter shall be permitted within a clear sight triangle. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersection streets, except that a clear sight triangle of 150 feet shall be provided for all intersections with or of arterial highways. In addition, sight distance shall meet the requirements of PennDOT Publication 201, Engineering and Traffic Studies, Section 201.6.16.
(4) 
No sign, other than traffic control signs, school warning signs, and similar signs shall be erected within the right-of-way lines of any street or extend over any street right-of-way.
(5) 
No sign shall be utilized in a manner that produces a noxious glare at or beyond the boundaries of the lot on which it is located. No direct beams of light shall be directed toward adjacent properties or public roads, and all light sources shall be shielded from adjoining properties, streets, and public roads.
(6) 
No sign shall be erected or located so as to prevent free ingress to or egress from any window, door, or fire escape.
(7) 
No sign that emits smoke, vapors or particulates, sound, or odor shall be permitted.
(8) 
No portion of any sign shall project over a lot line.
(9) 
The area immediately surrounding each sign shall be kept in a clean, sanitary, and healthful condition. No accumulations of loose paper, bottles, cans, garbage, or similar items shall be permitted.
(10) 
Every sign shall be constructed of durable material and kept in good condition. Peeling paint shall be removed and replaced; broken letters or other parts shall be repaired or replaced; broken lights shall be replaced; and similar maintenance tasks shall be performed when necessary. Any sign that becomes dilapidated or which creates a hazard to the public health, safety or welfare shall be removed at the expense of the owner or lessee. All signs shall be installed in compliance with building and electrical codes as adopted by the Township.
(11) 
Height  —  freestanding signs. The height of any part of a freestanding sign in the RC, AP, R, SR0, SR1, SR2, SR3, and UR Zoning Districts shall not exceed 10 feet, as measured from the edge of the cartway nearest the sign to the highest part of the sign. The height of a freestanding sign in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial or GI General Industrial Zoning Districts shall not exceed 30 feet, as measured from the edge of the cartway nearest the sign to the highest part of the sign.
(12) 
Height — building sign. No portion of a sign, which is attached to a building, or which projects from a building, shall extend more than five feet vertically above the height of the building.
(13) 
No building sign shall project more than 12 inches from the building facade to which it is attached, except that building signs may project from the front of a building perpendicularly to the front of the building a distance of not more than four feet, provided that such signs are entirely located underneath a roof overhang or similar architectural feature, such signs are no more than 12 square feet in area on any one side, and all portions of all such signs are at least eight feet above the ground.
(14) 
No vulgar, indecent or obscene signs may be displayed in any manner.
(15) 
No signs shall be permitted which are posted, stapled, or otherwise permanently attached to public utility poles or trees within a street right-of-way.
(16) 
All sign provisions of this chapter shall apply to the use of silos, smokestacks, water towers and other similar structures as signs.
(17) 
Signs on mobile stands, which can be moved from place to place, and vehicular signs or signs affixed to other moveable structure are prohibited.
(18) 
With the exception of traffic control signs, signs which make use of words such as "stop," "look," "one-way," "danger, "yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead, or confuse traffic, are prohibited.
(19) 
Portable signs are prohibited.
(20) 
Vehicular signs are prohibited.
(21) 
Temporary signs other than those recognized by this chapter are prohibited.
(22) 
Signs are prohibited on public property or public rights-of-way, unless erected by a governmental body or otherwise permitted by the Code Enforcement Officer and bearing no commercial advertising.
(23) 
Search lights, pennants, spinners, banners and streamers are prohibited, except as otherwise stated in this chapter.
(24) 
Electronic signs shall only be permitted pursuant to Subsection D below.
(25) 
All signs must comply with Exeter Township Ordinance No. 612 (i.e., the Outdoor Lighting Ordinance), as may be amended from time to time.[1] The provisions of the Outdoor Lighting Ordinance are expressly incorporated into this provision as if the same were set forth at length.
[1]:
Editor's Note: See Ch. 235, Lighting, Outdoor.
(26) 
The provisions of the Tree Ordinance, as may be amended from time to time,[2] are expressly incorporated into this provision as if the same were set forth at length.
[2]:
Editor's Note: See Ch. 348, Trees.
(27) 
A sign permit applicant must obtain all necessary outside agency approvals prior to erection of a sign, including, but not limited to, approval from the Pennsylvania Department of Transportation, as may be required.
C. 
Specific sign regulations. All signs shall comply with the corresponding requirements and regulations set forth on Table 390-69 (Signs).[3]
[3]:
Editor's Note: Table 390-69 is included at the end of this chapter.
D. 
Additional criteria for off-premises freestanding signs. In addition to the above criteria and the criteria set forth on Table 390-69, the following criteria shall apply to off-premises freestanding signs:
(1) 
Off-premises freestanding signs may only be erected and maintained in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial, or GI General Industrial Zoning Districts [noting, however, that off-premises freestanding signs shall not be permitted along Business Route 422 (a.k.a. Perkiomen Avenue) between East Neversink Road and the western Township boundary line with St. Lawrence Borough to the northwest] in compliance with this section.
(2) 
One off-premises freestanding sign shall be allowed for each street, highway or driveway having frontage on any one property. Off-premises freestanding signs may be permitted in a back-to-back configuration or a V-type configuration pursuant to the provisions of this section. Each off-premises freestanding sign in a V-shaped or back-to-back sign is permitted to be up to or equal to 300 square feet in size, noting that such signs shall require special exception approval pursuant to § 390-69F herein.
(3) 
All such signs shall be set back a minimum of 300 feet from any other off-premises freestanding sign and 600 feet from any V-type or back-to-back orientated off-premises freestanding sign. With respect to any off-premises freestanding signs proposed to be located on a limited access highway, as designated by the Pennsylvania Department of Transportation, such signs shall be setback a minimum of 500 feet from any other off-premises freestanding sign and 600 feet from any V-type or back-to-back orientated off-premises freestanding sign.
(4) 
Setback from residential dwelling unit. Except as governed by a greater setback required in § 390-69, all off-premises freestanding signs must be set back a minimum of 150 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated.
(5) 
V-type or back-to-back freestanding signs. Two signs are permitted in a V-type or back-to-back orientation, provided that:
(a) 
Such signs be set back a minimum of 600 feet from any other freestanding sign;
(b) 
With respect to V-type signs, the signs shall be at least five feet apart at the closest point, and the interior angles shall not be greater than 30°. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure; and
(c) 
With respect to back-to-back signs, the signs shall be parallel and directly opposite from each other and shall not be spaced more than 15 feet apart. The size and shape of the signs should not deviate from each other, and they shall utilize the same support structure.
E. 
Additional criteria for off-premises electronic signs. In addition to the above criteria and the criteria set forth on Table 390-69,[4] the following criteria shall apply to off-premises electronic signs:
(1) 
Off-premises electronic signs may only be erected and maintained in the HC Highway Commercial, SCC Shopping Center Commercial, LI Light Industrial, or GI General Industrial Zoning Districts [noting, however, on-premises electronic signs shall also be permitted in the NC Neighborhood Commercial Zoning District and that off-premises electronic signs shall not be permitted along Business Route 422 (a.k.a. Perkiomen Avenue) between East Neversink Road and the western Township boundary line with St. Lawrence Borough to the northwest] in compliance with this section.
(2) 
Off-premises signs must comply with all provisions of § 390-69D above.
(3) 
Off-premises electronic signs may not contain any flashing, scrolling or moving lights, text or graphics, or any full-motion video.
(4) 
Change interval. Off-premises electronic signs must provide a minimum change interval of at least 15 seconds. A "change interval" is defined as the time period in which the display of an electronic sign must remain static and during which the display may not transition to display another advertisement.
(5) 
Transition interval. Off-premises electronic signs must provide a maximum transition interval of one second. The "transition interval" is defined as the time period in which the display of an electronic sign transitions to another display.
(6) 
Setback from residential dwelling unit. All off-premises electronic signs must be set back a minimum of 300 feet from any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated.
(7) 
Off-premises electronic signs must comply with Exeter Township Ordinance No. 612 (i.e., the Outdoor Lighting Ordinance adopted on January 23, 2006, as may be amended from time to time).[5] Off-premises electronic signs may not operate before sunrise or after 11:00 p.m., consistent with outdoor lighting ordinance No. 612.
[5]:
Editor's Note: See Ch. 235, Lighting, Outdoor.
(8) 
At no point on the electronic sign shall the luminance exceed 340cd/m2 after sunset.
(9) 
Off-premises electronic signs may not be located in the Neighborhood Commercial Zoning District or the Restricted Office Commercial District.
(10) 
Off-premises electronic signs must be set back at least 500 feet from all street intersections, measured from the point of intersection of the center lines of the intersecting streets, nor may electronic signs be permitted in any area where they impinge upon the clear sight triangle of any street intersection.
[4]:
Editor's Note: Table 390-69 is included at the end of this chapter.
F. 
Special exception criteria. In addition to the above criteria and the criteria set forth on Table 390-69, an off-premises freestanding sign or an off-premises electronic sign, greater than 32 square feet and equal to or less than 300 square feet, shall be permitted only by special exception, upon an applicant:
(1) 
Demonstrating compliance with § 390-96H;
(2) 
Demonstrating compliance with the provisions of this § 390-69;
(3) 
Establishing that the proposed sign is set back a minimum of 300 feet from the boundary of any residential zoning district and from the boundary of any property on which a residential dwelling unit is situated;
(4) 
Establishing that the proposed freestanding sign will be set back at least 500 feet from all street intersections, measured from the point of intersection of the center lines of the intersecting streets, that the freestanding sign does not impinge upon the clear sight triangle for the intersection, and that the freestanding sign will not cause any danger to pedestrians or vehicular traffic; and
(5) 
Establishing that the proposed freestanding sign will not will not create a public health, welfare or safety concern.
(6) 
Off-premises freestanding signs greater than 300 square feet shall not be permitted.

§ 390-70 Adaptive reuse standards.

The adaptive reuse of an existing historic structure shall be permitted in all zoning districts and overlay districts when in accordance with the standards set forth below:
A. 
General criteria.
(1) 
The adaptive reuse of an existing historic structure shall comply with the use requirements of the applicable zoning district. Area and bulk requirements may be modified through the conditional use process. The Board of Supervisors, in reviewing a conditional use application for relief from the area and bulk requirements, shall, in conjunction with the requirements under § 390-96G, give favorable consideration where the applicant has demonstrated sensitive restoration, including preservation of facades, rehabilitation using material and design authentic and appropriate to the architecture, and preservation of the building mass as it appears from all public rights-of-way.
(2) 
Every effort shall be made to maintain or restore the building or structure to its original architectural style and bulk. Additions shall complement the existing architectural style and bulk of the structure and require approval of the Board of Supervisors upon recommendation by the Historical Commission and the Planning Commission.
(3) 
Additional entrances, when required, shall be placed on the side or rear of the building to avoid disruption of the facade.
(4) 
Removal or alteration of distinctive stylistic and architectural features of the structure which contribute to the character of the surrounding neighborhood or the historic value of the structure shall not be permitted without approval of the Board of Supervisors upon recommendation by the Historical Commission and the Planning Commission.
(5) 
Deteriorated architectural features that contribute to the character of the neighborhood or historical value of the structure shall be repaired rather than replaced. In the event that the applicant can demonstrate that the replacement is necessary, the new material shall match the material being replaced in composition, color, design, texture, and other visual qualities.
(6) 
An application for adaptive reuse shall be accompanied by the following information:
(a) 
A floor plan and proposed revisions and modifications to the interior and exterior of the existing structure(s).
(b) 
Information required by § 390-96H, Special exceptions, and § 390-96G, Variances, as it applies to the proposed adaptive reuse.
(7) 
The Planning Commission or Historical Commission may recommend that the Board of Supervisors designate the structure and surrounding property as an historical control area, subject to § 390-51.
B. 
Adaptive reuse standards. The following standards and criteria shall govern the design and review procedures for the adaptive reuse of existing historic structures for which conditional use approval is sought in accordance with the base or overlay zone of this chapter:
(1) 
Permitted adaptive reuse opportunities. In addition to the uses permitted by right, special exception or conditional use in the base or overlay zoning district, the following uses shall be permitted by right for adaptive reuse:
(a) 
Single-family detached dwelling (including single-farm dwelling).
(b) 
Retail sales subject to the following:
[1] 
No more than 10% of the floor area devoted to retail sales shall be permitted on display outside of a building.
[2] 
Drive-through sales are not permitted.
[3] 
The commercial use, including the storage, shall not exceed 2,500 square feet of floor area. The Board of Supervisors may permit such a commercial use to exceed 2,500 square feet by conditional use pursuant to § 390-90, provided that an applicant establish that:
[a] 
The property otherwise complies with the applicable area, yard and height requirements;
[b] 
The existing infrastructure is sufficient to accommodate the proposed use;
[c] 
The proposed parking is adequate to accommodate the proposed use; and
[d] 
The proposed retail use:
[i] 
Will not alter the essential character of the neighborhood or district in which the property is located;
[ii] 
Will not substantially impair the appropriate use or development of an adjacent property; and
[iii] 
Will not be detrimental to the character of the surrounding neighborhood.
[4] 
Vehicle fueling operations are not permitted.
[5] 
Adult bookstores are not permitted.
(c) 
Banks, savings and loan associations, finance companies and similar types of businesses subject to the restriction that drive-through services are not permitted.
(d) 
Business, professional or governmental offices or studios.
(e) 
Multiple- and single-family residential use above a business/professional office or retail use ("dual use") subject to the following:
[1] 
Each dwelling unit shall contain at least 500 square feet of indoor living space and shall include a kitchen and a private bathroom.
[2] 
The density shall not exceed two dwelling units per acre (two DU/acre).
[3] 
When an on-lot sewage disposal system is to be used, the applicant shall possess a valid Exeter Township sewage permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the system fail.
(f) 
Municipal use.
(g) 
No-impact home-based business subject to § 390-39.
(h) 
Hotels subject to the following:
[1] 
There shall be no cooking facilities or laundry facilities in any guest room as would require fire suppression systems by the Department of Agriculture.
[2] 
Overnight lodging accommodations shall not exceed 30 consecutive nights per patron.
[3] 
When an on-lot sewage disposal system is to be used, the applicant shall possess a valid Exeter Township sewage permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the system fail.
(i) 
Restaurants, taverns and similar types of establishments subject to the following:
[1] 
Cabarets are not permitted.
[2] 
Drive-through restaurants are not permitted.
[3] 
When an on-lot sewage disposal system is to be used, the applicant shall possess a valid Exeter Township sewage permit verifying that the existing or proposed sewage system can accommodate the maximum potential usage and that an appropriate site for a replacement system is available should the system fail.
(j) 
Accessory uses and structures to the above-permitted uses, when on the same lot as the permitted use, per §§ 390-29 and 390-30.
(2) 
Uses permitted by special exception. In addition to the uses permitted by right, special exception or conditional use in the base or overlay zoning district, the following uses are permitted when special exceptions are granted by the Zoning Hearing Board in accordance with § 390-96H:
(a) 
Churches or similar places of worship.
(b) 
State licensed day-care center and nursery school.
(c) 
Fire company.
(d) 
Accessory uses and structures to the above-permitted uses when on the same lot as the permitted use per §§ 390-29 and 390-30.
(3) 
Uses permitted by conditional use. The following uses are permitted when a conditional use is approved by the Board of Supervisors in accordance with § 390-90:
(a) 
Bed-and-breakfast per § 390-63.
(b) 
Home occupation subject to § 390-40.
(4) 
Area and bulk standards.
(a) 
The area and bulk standards for the base-zoning district shall apply to the adaptive reuse of existing structures. Variance to area and bulk standards may be granted by the Zoning Hearing Board upon recommendation of the Board of Supervisors after review by the Historical Commission and Planning Commission, taking into consideration the factors listed in Subsection A(1).
(b) 
Lot coverage. Relief of up to an additional 10% may be granted by the Board of Supervisors from the maximum permitted lot coverage (including buildings, paving and other impervious surfaces) permitted in the base zoning district, provided that stormwater management requirements are met, and there are no other adverse effects on the surrounding neighborhood without requiring a variance from the Zoning Hearing Board.

§ 390-71 Farmers markets.

The following shall apply to farmers markets:
A. 
A farmers market shall be permitted as an accessory, temporary use in any zoning district.
B. 
An applicant seeking to operate a farmers market (with the exception of the Township of Exeter as an applicant) must obtain a zoning permit from the Township Zoning Officer prior to such use. The permit application must include: the name, address, telephone number and emergency contact number of the individual(s) who shall be responsible for managing the farmers market; the name, address, and telephone number of each vendor; the type of commodity offered by each vendor; a plan that depicts the location of each vendor stall; and the proposed hours of operation of the farmers market. In the event that the applicant is not the legal or equitable owner of the property on which a farmers market is proposed, the applicant must submit written approval for such use on the property from the legal owner of the property.
C. 
A farmers market may not be permitted to operate for more than two days in succession, at any one time. An applicant may submit a single zoning permit application in order to utilize a property as a farmers market for multiple, discrete dates within a single calendar year.
D. 
In the event that a farmers market will operate for more than a single day on a property, the applicant shall ensure that: vendor stalls and vendor goods are removed overnight; or vendor stalls are adequately secured against theft, vandalism, and inclement weather.
E. 
Each vendor space in a farmers market must be at least 10 feet in width.
F. 
Parking. Two parking spaces shall be required for each 10 feet in width of vendor space. In the event that the farmers market is located on a property that has a principal use with days or hours of operation that do not overlap with the days or hours of operation of the farmers market, any parking spaces serving the principal use may be counted toward the required number of parking spaces for the farmers market. In the event that the farmers market is located on a property that has a principal use with hours of operation that overlap with the hours of operation of the farmers market, shared parking may be permitted only if the applicant can demonstrate that the parking provided will be sufficient for each use.
G. 
No vendor stall shall be situated such that it interferes with any clear sight triangle.
H. 
In the event that a farmers market will include more than 10 vendors, the applicant must provide event security and adequate traffic controls, as approved by the Township Board of Supervisors.

§ 390-71.1 Boarding kennel (short-term).

The following regulations shall apply to boarding kennels (short-term):
A. 
To the extent required by the Pennsylvania Dog Law,[1] the operator must possess a current, valid Pennsylvania Department of Agriculture kennel license.
[1]:
Editor's Note: See 3 P.S. § 459-101 et seq.
B. 
Noise control. The facility shall comply with all provisions of the Exeter Township Noise Ordinance, as amended.[2]
[2]:
Editor's Note: See Ch. 257, Noise.
C. 
Odor control. The facility shall comply with the provisions of the environmental protection standards (§ 390-35).
D. 
Rodent control. The facility shall be kept rodent-free (see Vector Control Ordinance, as amended[3]).
[3]:
Editor's Note: See Ch. 354, Vector Control.
E. 
Animal waste (fecal matter) shall be collected and properly disposed of daily (see Animal Control Ordinance, as amended[4]).
[4]:
Editor's Note: See Ch. 116, Animals.
F. 
Outdoor exercise area, if utilized, must be completely enclosed with a six-foot high (minimum) fence; fence gate(s) must be locked at all times; the fenced area shall not encroach into any required yard area (i.e., the required minimum front yard, rear yard or side yard) of the property on which the kennel is located.
G. 
Overnight stays are prohibited.

§ 390-71.2 Undefined or other land uses.

A. 
Other types of land uses, not specifically identified, regulated or recognized within this chapter of the Code, may evolve or become commonly acceptable as a reasonable use within the Township. It is the purpose of this section to provide for all reasonable and appropriate land uses and to establish a mechanism for the inclusion of such land uses within the Township.
B. 
All undefined or other reasonable land uses that are not otherwise regulated by this Code shall be permitted by conditional use within the GI General Industrial Zoning District.
C. 
Unless otherwise permitted by the Board of Supervisors as part of the conditional use application and proceedings, the following requirements shall apply to all undefined or other reasonable land uses which are not recognized by this Code:
(1) 
The applicant shall comply with § 390-90 (pertaining to conditional use applications).
(2) 
The applicant shall establish that the use complies with the area, yard and height requirements set forth in § 390-25.
(3) 
The applicant shall establish that the use complies with the performance standards, as set forth in § 390-35.
(4) 
The applicant shall establish that the use complies with the design standards set forth in § 390-34.
(5) 
The undefined use shall be serviced by public sanitary sewage facilities and public water supply facilities.
(6) 
Together with its conditional use application, the applicant shall submit to the Township a request for inclusion of an undefined or other reasonable land use that is not recognized as part of this Code, with illustrations and complete documentation that fully describes the land use activity and the manner in which it differs from the permitted uses defined or permitted by this Code.
(7) 
The applicant shall provide evidence that the undefined use shall comply with all provisions established within this Code. This may include the submission of a grading plan, utility plan, landscaping plan, architectural renderings, traffic impact study and/or environmental impact assessment report. Prior to the submission of the conditional use application, the applicant shall consult with the Township Engineer and Zoning Officer to initially discuss the supplemental documentation that may be required as part of the application.
(8) 
The applicant shall establish that it complies with all state, federal or other regulations pertaining to the proposed use.
(9) 
The applicant shall establish that the proposed use does not adversely affect the public health, safety or welfare.

§ 390-71.3 Group homes.

[Amended 6-13-2011 by Ord. No. 713]
A. 
A group home is permitted by special exception in only the R Rural, LI Light Industrial and RC Rural Conservation Zoning Districts.
B. 
Unless otherwise specified by this Code, all group homes shall be located on approved lots which comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations, which are further specified by the appropriate zoning district to which the group home is located.
C. 
All group homes shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:
(1) 
A site plan or land development plan shall be accurately prepared for a proposed group home. The site plan or land development plan shall show the location and the dimensions of the group home, off-street parking areas, private entrances, walkways, fencing and landscaping. These plans shall show the dimensions, intended use and square footage of each room and storage area within the group home.
(2) 
One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every four residents within the group home. Garage space shall not be used in calculating off-street parking.
(3) 
No more than two live-in employees or supervisors shall reside in a group home.
(4) 
The residential exterior appearance of the structure and premises shall be maintained. No external alterations, additions, or changes to the exterior of the structure are permitted, except as may be required by the Pennsylvania Department of Welfare or other governmental agency, or as may be needed for safety reasons or to accommodate the physically handicapped. When the group home use is abandoned, the dwelling shall be restored to its prior dwelling unit status.
(5) 
There shall be no more than one kitchen or cooking facility (with the exception of facilities existing as of the date of this chapter that contain more than one kitchen or cooking facility). Meals shall be served to employees, residents and visitors only. No separate cooking facilities are permitted for any occupant.
(6) 
The applicant shall provide documentation to the Township Code Enforcement Officer, Sewage Enforcement Officer and Zoning Officer that the group home complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities, and that the same meets the applicable standards established by the Exeter Township Code and by the Commonwealth of Pennsylvania.
(7) 
The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the group home has been licensed as a group home by the Pennsylvania Department of Public Welfare and shall meet all current DPW regulations, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license as a group home from DPW.
(8) 
Although live-in supervision is not mandatory, the applicant shall provide evidence and documentation to the Township that it will provide the residents of the group home with the physical safety and emotional support that is required. Immediate contact with a manager or supervisor of the agency or operator of the group home shall be available 24 hours per day, seven days per week, to the authorized representatives of the Township. The applicant shall further provide evidence to establish that its proposed group home, its facilities and its operation will neither cause a direct threat to the public health, safety or welfare, nor constitute a direct threat to the safety of the nearby residents or properties.
(9) 
No group home shall have more than 14 residents at any given time period, not including the live-in supervisors and employees. As a reasonable accommodation as set forth in the Federal Fair Housing Amendments Act, 42 U.S.C.A. § 3601 et seq., and in order to enable persons with handicaps equal access to housing, the Zoning Hearing Board may grant a reasonable accommodation, as defined in this chapter, from this provision.
(10) 
An emergency management plan must be developed in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit. The owner and operator of the group home shall provide a copy of the emergency management plan to the social workers and tenants of the group home.
(11) 
An applicant shall establish compliance with Exeter Township Code § 390-96H.
D. 
As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.

§ 390-71.4 Correctional facility and group institution.

[Amended 6-13-2011 by Ord. No. 713]
A. 
A correctional facility or a group institution is permitted by special exception in the LI Light Industrial Zoning District.
B. 
Unless otherwise specified by this Code, all correctional facilities and group institutions shall be located on approved lots that comply with all applicable dimensional requirements, the performance standards, the design standards, and the area, yard and height regulations for the LI Light Industrial Zoning District.
C. 
All correctional facilities and group institutions shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:
(1) 
A site plan or land development plan shall be accurately prepared for the proposed use. The site plan or land development plan shall show the location and the dimensions of the correctional facility or group institution, off-street parking areas, private entrances, walkways, fencing and landscaping.
(2) 
No correctional facility or group institution shall be located within one mile of an existing correctional facility, group institution, institutional use, or state licensed day-care center, nor shall an applicant be permitted to apply for special exception relief for a correctional facility or group institution within one mile of another correctional facility or group institution, be it existing or proposed. Another use or facility shall be deemed "existing" if such uses or facilities are/were in existence or operation at the time of the special exception application; if such uses or facilities have been granted special exception or other zoning approval at the time of the special exception application; if such uses or facilities have obtained preliminary subdivision or land development approval at any time prior to the Zoning Hearing Board's decision on the special exception application; or if such uses or facilities have obtained a zoning permit or building permit from the Township at the time of landowner's special exception application. In instances where an applicant has filed a special exception application for a correctional facility or group institution at a time when an application is pending for another correctional facility or group institution within one mile of the proposed correctional facility or group institution, then the filing date and time for the applications shall control and the earlier-filed application shall be considered "existing" for purposes of this section. The one-mile separation shall be measured:
(a) 
From the property line of the property upon which the correctional facility or group institution is proposed and the property line of the property on which any of the aforementioned use(s) and/or application are located; or
(b) 
Between the proposed correctional facility or group institution and the nearest building or structure in which such aforementioned use(s) and/or application exist; whichever is applicable and/or whichever results in the greater separation distance.
(3) 
No correctional facility or group institution shall be constructed within 250 feet of a residence or residentially zoned property, nor within 1,000 feet of a school, church, playground, park (inclusive of the portion of the property at tax parcel number 43-5344-05-09-4012 on which the Ida B. Mascaro Park has been planned), camp, community center, child-care facility or other area where minor children assemble or congregate. This setback shall be measured, on the one hand, from the location of the building, structure, or other component of a correctional facility or group institution that will house persons, or any administrative offices thereof, and, on the other hand, the property line of the property on which is situated the aforementioned uses (i.e., the property lines of the residence, residentially zoned property, school, church, playground, park, camp, community center, child-care facility or other area where minor children assemble or congregate).
(4) 
All correctional facility or group institution buildings, structures, or other component thereof shall be set back from the property line of the property a minimum of 50 feet.
(5) 
One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every 2.5 persons residing within the correctional facility or group institution.
(6) 
The Zoning Hearing Board shall attach to any approval conditions ensuring appropriate security measures, including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, patrolling of the property, the use of guard dogs, sirens and direct alarms with the Police Department.
(7) 
The applicant shall provide notice of any incidents at the correctional facility involving escapes, attempted escapes, physical altercations resulting in hospitalization, or improper releases of inmates or juvenile residents, to all Township residents and landowners seeking to receive the same, such as through AlertPA or a similar, Township-approved, notification system. Such notices shall be issued within 24 hours of the correctional facility becoming aware of the same.
(8) 
The design, construction and operations of the correctional facility shall be supported by expert study as to every aspect of the facility. The implementation of the conclusions of those studies shall be subject to the review and approval of the Township through the special exception process.
(9) 
The applicant shall provide documentation to the Township Code Enforcement Officer, Sewage Enforcement Officer and Zoning Officer that the correctional facility or group institution complies with all sewer, water, building, fire, plumbing, heating, electrical and similar facilities, and that the same meets the applicable standards established by the Exeter Township Code and by the Commonwealth of Pennsylvania.
(10) 
The applicant shall provide documentation to the Code Enforcement Officer and Zoning Officer that the correctional facility or group institution has been licensed by the appropriate federal and/or Pennsylvania agencies ("the agencies") and shall meet all current regulations of the agencies, including those standards governing indoor space and applicable state and local building and fire safety codes. The applicant shall maintain a current and valid license from the agencies, as applicable.
(11) 
The applicant shall provide evidence that a manager or supervisor of the agency or operator of the correctional facility or group institution shall be available 24 hours per day, seven days per week. Likewise, immediate, emergency contact with the agency or operator of the correctional facility or group institution shall be available to the authorized representatives of the Township.
(12) 
The applicant shall further provide evidence to establish that its proposed correctional facility or group institution, its facilities and its operation will neither cause a threat to the public health, safety or welfare, nor constitute a threat to the safety of the nearby residents or properties. The applicant shall, as a condition of any special exception approval for a correctional facility, be required to supply the Township Chief of Police, within three days of the admission, transfer or release of any individual inmate into or from the correctional facility, with the name, physical description, sentence and list of offenses for which the inmate has been convicted. This requirement shall not apply to inmates or juvenile residents adjudicated of violent offenses that are not expected to be housed within the correctional facility for fewer than five days. With respect to correctional facilities that provide housing for juveniles adjudicated of violent offenses, the applicant shall provide the Township Chief of Police, within three days of admission, transfer or release of any juvenile into or from such correctional facility, with a list of the offenses for which the juvenile has been adjudicated, noting that the aforesaid list of offenses shall not include personal or identifying information and shall comply with all applicable privacy laws. The applicant shall further be required, as a condition of any special exception approval for said use, to maintain a photograph of each current inmate or juvenile resident of a correctional facility, which may be supplied to the Chief of Police in the event of an emergency or other incident requiring police intervention.
(13) 
The applicant must develop an emergency management plan, subject to the annual review and approval of the Township, in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Police Chief, Zoning Officer and Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit and biannually (every other year) on or before January 31 of such year.
(14) 
An applicant shall establish compliance with Exeter Township Code § 390-96H.
D. 
As part of the special exception application, the Zoning Hearing Board may impose conditions as deemed necessary or appropriate.