Township of Independence, PA Article XI Express Standards and Criteria for Certain Permitted Uses, Conditional Uses and Uses by Special Exception

§ 410-80 Applicability.

The following procedures shall apply to all applications for approval of a conditional use or use by special exception in all zoning districts.

§ 410-81 Procedure for approval.

A. Approval of conditional uses. The Township Supervisors shall hear and decide requests for conditional uses; however, the Township Supervisors shall not approve a conditional use application unless and until:

(1) A written application for conditional use approval is submitted to the Code Enforcement Officer no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

[Amended 5-16-2012; 5-21-2014]

(a) A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

(b) A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c) A list of the names and addresses of all property owners within 300 feet of the entire perimeter of the property for which conditional use approval is requested, taken from the most recent records of the Washington County Tax Assessor's Office. At least 14 days prior to the public hearing, the Code Enforcement Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.

(d) A traffic impact analysis prepared by a registered traffic engineer for the following proposed conditional uses:

[1] Any proposed use that involves the construction of 50 or more multifamily dwellings.

[2] Any proposed use in the B or I District that involves the construction of a new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

(e) The application fee required by § 410-136 of this chapter.

(2) A written recommendation is received from the Township Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.

(3) A public hearing is conducted by the Township Supervisors pursuant to public notice, and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time.

(4) Each subsequent hearing before the Board of Supervisors shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

(5) The Board of Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

(6) Prescription of conditions and safeguards; concurrent approvals.

(a) In considering an application for conditional use approval, the Township Supervisors may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 410-130 of this chapter.

(b) If land development plan approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development plan required by the Township Subdivision and Land Development Ordinance may be processed concurrently, provided all application requirements of both ordinances for a conditional use and a land development plan are met.

(7) Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection A(3) and (4) above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

(8) Notwithstanding the foregoing, the maximum review period for action on a conditional use application for oil and gas operations shall not exceed 120 days. A conditional use application for oil and gas operations shall be deemed approved if more than 120 days elapses after application without a final decision from the governing body.

[Added 11-14-2012 by Ord. No. 12-01]

B. Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Board of Supervisors, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

C. Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for use by special exception unless and until:

(1) A written application for approval of a use by special exception is submitted to the Code Enforcement Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

[Amended 5-16-2012; 5-21-2014]

(a) A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

(b) A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c) A list of the names and addresses of all property owners within 300 feet of the entire perimeter of the property for which approval of the use by special exception is requested, taken from the most recent records of the Washington County Tax Assessor's Office. At least 14 days prior to the public hearing, the Code Enforcement Officer shall mail a copy of the notice by certified mail to each property owner within 300 feet of the entire perimeter of the property, including those located across a street right-of-way. The cost of mailing the certified notices shall be paid by the applicant.

(d) A traffic impact analysis prepared by a registered traffic engineer for the following proposed conditional uses:

[1] Any proposed use that involves the construction of 50 or more multifamily dwellings.

[2] Any proposed use in the B or I District that involves the construction of a new building or remodeling for a change of use of an existing building having a gross floor area of 10,000 square feet or more.

(e) The application fee required by § 410-136 of this chapter.

(2) A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time. Said hearing shall be conducted in accordance with the procedures specified in § 410-122 of this chapter.

(3) Each subsequent hearing before the Board of Supervisors shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

(4) The Board of Supervisors shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts.

(5) Where the Board of Supervisors fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearing as specified in Subsection C(3) and (4) above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. The Board of Supervisors shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If the Board of Supervisors shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

(6) In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 410-130 of this chapter.

(7) If land development approval is required for the use by special exception, the application for approval of a land development required by the Township Subdivision and Land Development Ordinance shall be submitted to the Township Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

D. Expiration of approval of a use by special exception. Approval of a use by special exception shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

§ 410-82 General standards.

In addition to the specific standards and criteria listed for each use in § 410-83 below, all applications for conditional use and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:

A. The use shall not endanger the public health, safety or welfare nor deteriorate the environment as a result of being located on the property where it is proposed.

B. The use shall comply with the performance standards of § 410-85 of this chapter.

C. The use shall comply with all applicable requirements of Article XIII, governing parking and loading; Article XIV, governing signs; § 410-86, governing screening and landscaping; and § 410-93, governing storage.

D. Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

E. Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.

F. For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

§ 410-83 Standards for specific uses.

[Amended 11-14-2012 by Ord. No. 12-01]

In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 410-82 above, an application for any of the following uses that are listed in any zoning district as a permitted use, conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.

A. Adult businesses, subject to:

(1) Adult businesses shall not be permitted in any zoning district other than the I, Industrial, District.

(2) An adult business shall not be located within 1,000 feet of a church; public or private preelementary, elementary or secondary school; public library; day-care center or nursery school; or public park adjacent to any residential district, measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.

(3) An adult business shall not be located within 1,000 feet of any other adult business, measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.

(4) No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.

(5) An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit, of a church, public or private preelementary, elementary or secondary school, public library, day-care center or nursery school or public park within 1,000 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.

(6) Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:

(a) At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

(b) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

(c) It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Township as an area in which patrons will not be permitted.

(d) No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

(e) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle, as measured at the floor level. It shall be the duty of the owners and operators and any agent and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

(f) If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, nor shall the performers have easy access to the viewers present.

(g) Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.

(h) The applicant shall agree to renew the certificate of occupancy annually in accordance with the requirements contained in § 410-133 of this chapter.

B. Agribusiness, subject to:

(1) The minimum site required shall be 10 acres.

(2) The agribusiness shall be supplementary to the principal use of the property for agriculture.

(3) The operator of the agribusiness shall be a member of the family of the operator of the farm and shall be a resident of the farm.

(4) The agribusiness shall be conducted from one or more accessory farm structures unless the nature of the activity is that it is usually performed outdoors.

(5) The maximum floor area in all structures devoted to the agribusiness shall be 5,000 square feet.

(6) Excluding seasonal workers, no more than five persons who are not residents on the farm shall be employed in the agribusiness.

(7) If customers or clients routinely visit the agribusiness, a minimum of five parking spaces shall be provided adjacent to the farm structure in which the agribusiness is conducted. The parking spaces and driveway leading to them from the public street shall be improved with gravel, slag or other aggregate material.

(8) Agrotourism hotel, bed-and-breakfast, commercial recreation, on-site sales accessory to a farm and tourism shall not be considered agribusinesses and shall only be authorized in accordance with the express standards and criteria for those specific uses.

(9) The annual income derived from the agribusiness shall not exceed the annual income derived from the agricultural operations on the farm.

C. Agrotourism hotel, large or small, subject to:

(1) The application shall include drawings that need not be drawn to scale, but that provide sufficient detail to show:

(a) Existing structures;

(b) Proposed structures;

(c) The order of construction;

(d) Sewage treatment facilities;

(e) The use of each structure or facility;

(f) A detailed description of the farm and educational activities proposed;

(g) Trails, walkways and any other amenities to be used by guests; and

(h) Proposed lighting and signage.

(2) Buildings and facilities shall be located in reasonable proximity to one another.

(3) Noncontiguous parcels that are under the same ownership and control may be included in educational and farming activities for guests, provided they are being actively used for agriculture and no lodging facilities are erected thereon.

(4) An agrotourism hotel shall not be located within 1,500 feet of any other agrotourism hotel (whether small or large). Such measurement shall be made along the public streets between the entrances to each facility. This spacing requirement may be waived by the Zoning Hearing Board if the applicant demonstrates the following:

(a) The two agrotourism hotel uses are compatible in location and the arrangement of facilities and will not change the character of the surrounding properties.

(b) The traffic generated on the local roads will not cause congestion or interfere with normal farming activities in the immediate area.

(5) The facility shall be owner-operated or operated by a resident manager.

(6) At least one meal each day shall be provided to guests, included with the fee for the accommodations.

(7) Guests shall not stay longer than 30 consecutive days in any calendar year.

(8) Opportunities for guests to participate in farm life shall be provided.

(9) The facilities shall be integrated into the farm and shall not be isolated from normal farm activities; provided, however, the arrangement of facilities must be sensitive to farming activities that might be dangerous to those inexperienced with farm life.

(10) Parking shall be provided in accordance with § 410-103C of this chapter. Where educational or entertainment activities, such as, but not limited to, arts and crafts shows, hoe downs or folk music, are contemplated, sufficient off-street parking shall be provided to handle expected attendance. Such parking areas shall be shown on the drawings submitted with the application. Where such events are not held more than six times in any calendar year, the parking area need not meet the requirements of § 410-102B, but if expected attendance is in excess of 100 persons, regardless of the frequency of said event or events, temporary parking facilities must be designated and approved by the Code Enforcement Officer prior to the holding of said event, and the number of appropriate traffic control persons and/or parking attendants shall be provided on the basis of one person for each 25 vehicles. If the same event is planned or does occur on more than one occasion per calendar year, and the same attendance is expected, an annual application may be made wherein the subsequent event or activity does not change, notice of the same shall be given to the Code Enforcement Officer two weeks in advance, and no further application is needed. For those events that are in excess of 100 persons, there shall be a minimum of one parking space for every two employees and/or staff member and a minimum of one parking space for every five expected attendees.

[Amended 5-16-2012; 5-21-2014]

(11) Signage shall be in accordance with § 410-108I, except that no wall signs shall be permitted, except use identification signs, and one freestanding monument sign shall be permitted to face each public road adjacent to the agrotourism hotel use area, as designated in the site plan. Directional signs between facilities shall be permitted, as necessary, not to exceed eight square feet per sign. All signs shall be shown on the site plan.

(12) Sewage facilities for the buildings and permanent structures shall be in-ground facilities and shall be erected, installed and maintained in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection and/or the Environmental Protection Agency and as otherwise may be required by the ordinances of the Township based on the maximum overnight guest accommodation for purposes of determining EDUs. For daily activities as opposed to overnight accommodations, the same being such as, but not limited to, those referred to in Subsection C(10) above, wherein attendance is expected to be 100 persons per day or more, the appropriate amount of portable or temporary bathroom facilities as determined necessary by the Code Enforcement Officer shall be provided and appropriately maintained, wherein there shall be no on-site disposal of the contents from the same and the supplier or suppliers of said facilities must be licensed or certified by the Pennsylvania Department of Environmental Protection or such other departments and/or agencies of the Commonwealth of Pennsylvania as therein have jurisdiction. Therein, there shall be a minimum of one portable or temporary facility for each 40 expected attendees.

[Amended 5-16-2012; 5-21-2014]

(13) The applicant must demonstrate that sufficient sewage treatment capacity exists, either on site or through a community treatment facility, to handle peak effluent loads generated by the guest facilities and/or those in attendance at various functions and/or activities.

(14) The use shall comply with all other Township ordinances, rules and regulations.

(15) For large agrotourism hotels or large or small agrotourism hotels that provide parking for 100 or more cars, the applicant shall provide a traffic study by a qualified Pennsylvania licensed engineer, demonstrating that the use will not adversely impact adjacent public streets.

D. Animal hospital, subject to:

(1) In the B, Business, District, the minimum lot area required for an animal hospital shall be 20,000 square feet. In the A, Agricultural, District, the minimum lot area required for an animal hospital with an outdoor kennel or outdoor runs shall be two acres. In the A, Agricultural, District, the minimum lot area for an animal hospital without an outdoor kennel or outdoor runs shall be one acre.

(2) All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.

(3) Outdoor kennels shall be located at least 200 feet from any property line adjoining any residential use or any A, R-1, R-2 or V zoning classification and at least 50 feet from any other property line.

(4) In the B, Business, District, overnight boarding of animals, other than for medical supervision, shall be permitted if the animals are housed overnight within a completely enclosed building.

(5) Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of § 410-130 of this chapter.

(6) Odors shall be controlled so as to comply with the performance standards of § 410-85 of this chapter.

E. Bed-and-breakfast, subject to:

(1) In the R-2 District, the minimum lot area shall be one acre and the lot shall have frontage on and direct vehicular access to an arterial or collector street. In all other districts where authorized, the lot shall comply with the minimum requirements for a single-family dwelling.

(2) The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

(3) No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

(4) The maximum length of stay for any guest shall be 14 days in a calendar year.

(5) Evidence shall be submitted that the Pennsylvania Department of Environmental Protection (PA DEP) has approved the proposed system for sewage disposal as adequate for the proposed number of occupants.

(6) In addition to the parking required for the dwelling, one parking space shall be required for each sleeping room offered to overnight guests.

(7) Off-street parking shall not be located in any minimum required front or side yard. Parking shall be screened from existing dwellings on adjoining properties in an R-1, R-2 or V District by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the parking from the dwelling and its rear yard.

(8) One identification sign shall be permitted and such sign may either be attached to the wall of the dwelling or may be freestanding in the front yard, provided the surface area of any sign shall not exceed six square feet, the height of any freestanding sign shall not exceed four feet, and the freestanding sign shall be located at least 15 feet from any property line.

(9) The identification sign shall contain no information other than the following items:

(a) The street address.

(b) The name of the establishment.

(c) The name of the proprietor.

(d) A small logo or other decorative symbol.

F. Billboards, subject to:

(1) All billboards shall be subject to the express standards and criteria contained in § 410-111 of this chapter.

G. Boarding stable; riding academy, subject to:

(1) The minimum site shall be 10 acres.

(2) If horses are pastured, a minimum of one acre per horse shall be provided. If horses are stabled and provided with grain, an adequate area for exercising horses shall be provided; however, no minimum acreage per horse shall be required.

(3) All animals shall be properly sheltered and humanely kept.

(4) All stables and other buildings in which animals are kept shall be located at least 300 feet from any occupied dwelling, other than the stable owner's dwelling.

(5) The storage of manure shall be at least 200 feet from any property line.

(6) The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.

(7) If there is no occupied dwelling on the site of the boarding stable or riding academy, twenty-four-hour security and supervision shall be provided.

H. Bore holes; ventilating shafts, subject to:

(1) The conditional use application shall provide the following information:

(a) A description of the character, timing and duration of the proposed operation, including maps and plans showing the location of the site, all access routes from the public roads, area and extent of the proposed activity.

(b) The location and identity of ownership of all structures and land uses that may be affected by the proposed operation, and measures that will be taken to protect all structures and land uses from adverse impacts from the proposed use.

(c) The plans for restoring and reclaiming the areas following discontinuance of the underground mining.

(d) A description of plans for transportation of materials and equipment to construct the facility; measures that will be taken to maintain all roads within the Township that are used to transport materials and equipment, and repairing any damage to the roads that may occur as a result of this activity.

(e) A description of how the proposed use and facility will meet all applicable regulations concerning construction standards, sewage disposal, water supply and fire protection.

(f) A site plan of the proposed facility showing all structures, facilities, accessways, fencing and screening provisions.

(2) Every bore hole shall be constructed and landscaped in a manner appropriate to the uses of adjacent property. The lot for a bore hole shall not be less than 1/2 acre, and such bore hole shall not be located within 50 feet of any property line. Open areas shall be covered with an appropriate vegetative material and properly maintained.

(3) Every ventilating shaft, including all structures intended to supply air or power to underground coal mines, shall be constructed and landscaped in a manner appropriate to the uses of adjacent property. The lot for a ventilating shaft shall not be less than one acre, and such ventilating shaft shall not be located within 100 feet of any property line. Open areas shall be covered with an appropriate vegetative material and properly maintained. Suitable baffles shall be utilized to protect the adjacent properties from noise of exhaust fans consistent with the following requirements:

(a) Maximum noise level 7:00 a.m. to 10:00 p.m.: 75 dBA.

(b) Maximum noise level 10:00 p.m. to 7:00 a.m.: 70 dBA.

(c) Noise level readings shall be taken in accordance with the provisions of § 410-85B.

(4) All uses shall be completely enclosed by a metal fence not less than six feet high, with the top portion above the height of six feet (above ground level) to be constructed of barbed wire or other security material, with the entire fence being constructed in such a manner so as to prevent the entry by unauthorized persons, domestic animals or livestock onto the portion of the premises on which the use is situated.

(5) Buffer Area "A," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining existing dwellings within 500 feet of the facility for a distance sufficient to screen the dwellings and their rear yards from the facilities and associated accessways and parking.

I. Car wash, subject to:

(1) All automated washing facilities shall be in a completely enclosed building, as defined by this chapter. All other car washing facilities shall be under a roofed structure that has at least two walls.

(2) Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

(3) Standing spaces shall be provided in accordance with the requirements specified in § 410-90 for drive-through facilities.

(4) The facility shall be connected to public sanitary and storm sewers.

(5) Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

J. Cemetery, subject to:

(1) A cemetery shall not be established on any parcel of property that is less than 10 acres.

(2) A family plot shall be located on property that comprises at least 10 acres; however, there shall be no minimum lot area required for the family plot. The applicant shall submit a registered survey with the conditional use application, indicating the boundaries of the family plot.

(3) A drainage plan shall be submitted with the application for the use, showing existing and proposed runoff characteristics.

(4) Except for family plots, a groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

(5) Except for family plots, plans for ingress/egress to the site shall be referred to the Township Police Department for comments regarding public safety.

(6) Except for family plots, all property lines adjoining residential use or an R-1, R-2 or V zoning classification shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter.

(7) Parking for principal structures, such as chapels or mausoleums, shall be provided in accordance with the requirements for places of public assembly specified in Article XIII.

(8) All maintenance equipment shall be properly stored in an enclosed building when not in use.

(9) Burial sites or burial structures in cemeteries and family plots shall not be located within 100 feet of any property line adjoining residential use or zoning classification.

K. Church; school, subject to:

(1) The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other uses shall be one acre.

(2) If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

(3) A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

(4) If the school includes dormitories, the dormitories shall be screened along any property line adjoining an existing dwelling in an R-1, R-2 or V District by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard from buildings and parking.

(5) Ingress and egress to and from police and fire stations shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

(6) Fire stations, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

(7) All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment.

(8) All outside storage shall be screened from public view from streets and adjoining properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

(9) The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.

L. Commercial recreation, subject to:

(1) The minimum lot area required for outdoor recreation facilities shall be one acre. All indoor facilities shall meet the minimum lot area required for the zoning district in which the property is located.

(2) The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3) If the property is not served by public water, a community water supply system approved by the Pennsylvania Department of Environmental Protection (PA DEP) shall be provided that is adequate to serve the proposed occupancy.

(4) Adequate sanitary facilities available to the public shall be provided. Evidence of the Pennsylvania Department of Environmental Protection (PA DEP) and local sanitary council approval of the proposed sanitary sewage treatment system adequate to serve the proposed occupancy shall be submitted to the Township.

(5) Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.

(6) Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

(7) Any outdoor facility shall be completely enclosed by a fence which is at least six feet in height with one or more locking gates that shall remain secured when the facility is not in use.

(8) Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 10:00 p.m.

(9) Any use that includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational use.

M. Communications antenna mounted on an existing building or existing public utility storage or transmission structure, subject to:

(1) Building-mounted antennas shall not be permitted on any single-family dwelling or two-family dwelling.

(2) The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

(3) The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

(4) Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility, storage or transmission tower shall not project more than 20 feet above the height of the tower.

(5) Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

(6) Directional or panel antennas shall not exceed five feet in height or two feet in width.

(7) Satellite and microwave dish antennas mounted on the roof of a building or on a self-supporting communications tower shall not exceed six feet in diameter.

(8) Satellite and microwave dish antennas mounted on a monopole communications tower or existing public utility, storage or transmission structure shall not exceed two feet in diameter.

(9) The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.

(10) Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet shall be provided to the Township.

(11) The placement of the equipment cabinet shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site, and shall not obstruct any right-of-way or easement.

(12) Unless located within a secured building, the equipment cabinet shall be fenced by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet is visible from any public street or adjoining residential property, the equipment cabinet shall be screened by a minimum six-foot-high dense, compact evergreen hedge or opaque fence.

(13) If vehicular access to the equipment cabinet is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and that shall be improved with a dust-free all-weather surface for its entire length.

(14) At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet to facilitate periodic visits by maintenance workers.

N. Communications tower, subject to:

(1) The applicant shall demonstrate that it is licensed or has made application to be licensed by the Federal Communications Commission (FCC) to operate a communications tower.

(2) Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-fourth-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

(a) The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure, and reinforcement of the existing building tower or other structure cannot be accomplished at a reasonable cost.

(b) The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.

(c) Existing buildings, communications towers or other structures do not have adequate space or height to accommodate the proposed equipment.

(d) Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels that exceed any adopted local, federal or state emission standards.

(3) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

(4) The base of the communications tower shall be set back from all property lines a minimum distance that represents 50% of the tower height, measured from the base of the antenna support structure at grade to the highest point of the structure.

(5) An antenna that is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than 20 feet.

(6) The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

(7) In the case of a freestanding communications tower, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

(8) The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

(9) All guy wires and guyed towers shall be clearly marked and fenced in compliance with Subsection N(10) below.

(10) Unless the communications tower is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six-foot-high chain link fence with self-latching gate to limit accessibility to the general public.

(11) All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

(12) All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

(13) No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

(14) The tower structure's supporting antennas shall be painted or finished in accordance with FAA regulations in order to reduce visual impact.

(15) If the communications tower is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the commercial communications tower is not fully automated, one parking space shall be provided for each employee on peak shift.

(16) No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA), the Pennsylvania Department of Aviation or the Federal Communications Commission (FCC).

O. Comparable uses not specifically listed, subject to:

(1) Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

(a) The number of employees;

(b) The floor area of the building or gross area of the lot devoted to the proposed use;

(c) The type of products, materials and equipment and/or processes involved in the proposed use;

(d) The magnitude of walk-in trade; and

(e) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 410-85 of this chapter.

(2) The proposed use shall comply with all applicable area and bulk regulations for the zoning district in which it is located.

(3) The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

(4) The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

P. Crematorium, subject to:

(1) The minimum site required shall be five acres.

(2) The crematorium shall not be located within 500 feet of any existing dwelling.

(3) The use shall comply with the performance standards of § 410-85 of this chapter.

(4) The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

Q. Day-care center or preschool facility, subject to:

(1) In the A, R-1 and R-2 Districts, the facility shall be permitted to be located only in a church or school.

(2) The facility shall be registered with or licensed by the Commonwealth of Pennsylvania, if applicable.

(3) Outdoor play areas shall be provided that shall have a minimum area of 65 square feet per child and that shall be secured by a four-foot-high fence with self-latching gate.

(4) The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children.

(5) Off-street parking shall be provided in accordance with the requirements of Article XIII of this chapter.

R. Family day-care home, subject to:

(1) An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four-foot-high opaque fence.

(2) Outdoor play areas shall have a minimum area of 400 square feet.

(3) A safe area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street.

(4) The family day-care home shall be licensed by, or approved by, the Commonwealth of Pennsylvania, as required by the laws of the commonwealth, and continued compliance with the license or approval and all applicable laws of the commonwealth shall be maintained throughout the operation of the family day-care home.

(5) All applicable criteria of § 410-83V, governing home occupations, shall be met.

S. Funeral home, subject to:

(1) The site shall have frontage on and direct vehicular access to an arterial or collector street.

(2) All off-street parking areas that adjoin an existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard.

(3) Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

T. Golf course, golf or country club, subject to:

(1) The minimum site required shall be 30 acres.

(2) Clubhouses shall be located at least 200 feet from any property line adjoining property in an R-1, R-2 or V District and at least 50 feet from all other property lines.

(3) Where eating and/or drinking facilities are provided, off-street parking requirements of Article XIII for restaurants shall be met.

(4) Where a swimming pool is provided, parking requirements for swimming pools shall apply in addition to the parking requirements for golf courses.

(5) All off-street parking that adjoins any existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard.

(6) The clubhouse and any other outdoor recreation facility, other than the golf course, such as a swimming pool or tennis courts, shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter, along all property lines that adjoin an existing dwelling on property in any R-1, R-2 or V District for a distance sufficient to screen the facilities from the dwelling and its rear yard.

(7) Outdoor operations shall be discontinued between the hours of 11:00 p.m. and 6:00 a.m.

U. Group care facility; personal care boarding home; transitional dwelling, subject to:

(1) The minimum area and bulk regulations for a group care facility, personal care boarding home or transitional dwelling shall be the same as those required for all other principal uses in the district in which the facility is located.

(2) In the V District, a group care facility or personal care boarding home shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3) No group care facility, personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, personal care boarding home or transitional dwelling.

(4) Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.

(5) Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

(6) Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs.

(7) Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Code Enforcement Officer in January of each year.

[Amended 5-16-2012; 5-21-2014]

V. Home occupation, subject to:

(1) The home occupation shall be carried on by a member of the family residing in the dwelling. No more than one person who is not a resident of the dwelling shall be employed in the dwelling.

(2) In the R-2 and V Districts, the home occupation shall be conducted entirely within the principal dwelling and shall not be conducted in any accessory structure. No more than 25% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

(3) In the A and R-1 Districts, the home occupation may be carried on in the principal dwelling or in an accessory structure, provided the gross floor area devoted to the home occupation shall not exceed 25% of the gross floor area of the principal dwelling.

(4) Products produced on the site shall be limited to handicrafts made by the residents, provided they are offered for sale off the premises. Such articles shall not be displayed on the premises, except that samples may be displayed for the purpose of accepting orders.

(5) There shall be no display on the premises of merchandise for sale that has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway™, Tupperware® or similar products stored for distribution to customers or salespersons at their residence or place of business.

(6) There shall be no exterior displays or signs, either on or off the premises, other than a small identification sign no more than one square foot in surface area containing only the name of the resident and the nature of the home occupation. Such sign may be attached to the mailbox or to the wall of the dwelling.

(7) The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.

(8) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 410-85 of this chapter.

(9) The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the immediate area.

(10) There shall be no use of materials or equipment except that of a similar power and type normally used in a residential dwelling for domestic or household purposes.

(11) The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the immediate area.

(12) In the R-2 and V Districts, commercial vehicles in excess of 8,000 pounds GVW shall not be parked on the premises.

(13) In the R-2 and V Districts, there shall be no storage of materials or equipment used in the home occupation outside a completely enclosed building.

(14) Any home occupation where customers, clients or students routinely visit the premises shall provide an off-street parking area with a dust-free, all-weather surface in accordance with the requirements of Article XIII for the specific use. These parking spaces shall be in addition to the parking spaces required for the dwelling.

(15) The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(a) Artist, photographer or handicrafts studio;

(b) Beauty shop or barbershop containing no more than two chairs;

(c) Catering off the premises;

(d) Contracting business, excluding on-site storage of equipment;

(e) Computer programmer, data processor, writer;

(f) Consultant, clergy, counselor, bookkeeping, drafting or graphics services;

(g) Dressmaker, tailor;

(h) Professional offices that involve routine visitation by customers or clients;

(i) Housekeeping or custodial services;

(j) Interior design;

(k) Jewelry or watch repair, not including wholesale or retail sales;

(l) Lawnmower or small engine repair in the A and R-1 Districts only;

(m) Locksmith;

(n) Mail order business;

(o) Manufacturer's representative;

(p) Repair of small household appliances that can be hand carried;

(q) Telemarketing;

(r) Travel agent;

(s) Tutoring or any other instruction to no more than five students at a time; and

(t) Word processing, typing, secretarial services.

(16) The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

(a) Beauty shops and barbershops containing more than two chairs;

(b) Blacksmith and metal working;

(c) Boarding stable or riding academy;

(d) Clinic, hospital or nursing home;

(e) Funeral home;

(f) Group care facility, personal care boarding home or transitional dwelling;

(g) Kennel, veterinary clinic;

(h) Private club;

(i) Private instruction to more than five students at a time;

(j) Restaurants, tea rooms;

(k) Retail or wholesale sales;

(l) Tanning, nail or massage salon;

(m) Tourist or boarding home, other than bed-and-breakfast;

(n) Vehicle or equipment rental, repair or sales; and

(o) Vehicle repair garages.

(17) The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 410-83V and the applicable criteria for comparable uses not specifically listed in § 410-83O.

W. Hospital, clinic or nursing home, subject to:

(1) The minimum lot area required for a hospital shall be five acres. The minimum lot area required for a clinic or nursing home shall be one acre.

(2) The property shall be served by public water and public sewers.

(3) All hospitals and nursing homes shall be licensed by the commonwealth.

(4) Water pressure and volume shall be adequate for fire protection.

(5) Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(6) The parking and circulation plan shall be referred to the Township Police Department and volunteer fire company for comments regarding traffic safety and emergency access.

(7) Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

(8) All property lines adjoining an existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter, for a distance sufficient to screen the building and parking areas from the dwelling and its rear yard.

(9) Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

(10) A private-use helipad for air ambulance shall be permitted as part of a hospital, provided all of the following criteria are met:

(a) Helipads shall be located at least 250 feet from any property line or public street.

(b) Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

(c) Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.

(d) The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private-use helipad.

(e) The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.

(f) An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.

(g) Lighting shall be shielded away from adjacent properties and streets.

X. Junkyard, subject to:

(1) The minimum site required shall be 20 acres.

(2) The premises shall be maintained so as to not constitute a nuisance or menace to public health and safety.

(3) No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

(4) The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 410-130 of this chapter.

(5) The manner of storage of junk or other materials or equipment on the site shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

(6) The junk or salvage yard operation shall comply with the performance standards of § 410-85 of this chapter.

(7) No junk shall be stored or accumulated and no structure shall be located within 100 feet of any dwelling or within 40 feet of any property line or public street.

(8) The premises shall be enclosed by a metal chain link fence not less than eight feet in height, supported on steel posts, with a self-latching gate. The fence shall be located on the inside of the buffer area required by Subsection X(10) below.

(9) The fence shall be supplemented with screening material that creates a visual barrier that is at least eighty-percent opaque.

(10) Buffer Area "A," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining an existing dwelling in an R-1, R-2 or V District for a distance sufficient to screen the storage and/or salvage area and any building from the dwelling and its rear yard.

(11) The site shall be designed utilizing natural topography and/or constructed earthen mounds so as to obstruct visibility from adjacent public streets.

(12) In January of each year, the operator shall apply to the Code Enforcement Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and any required state permits.

[Amended 5-16-2012; 5-21-2014]

Y. Kennel, subject to:

(1) In the A and R-1 Districts, kennels shall be accessory to a farm or, when proposed as a principal use, shall have a minimum site area of five acres.

(2) Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in an A, R-1, R-2 or V District.

(3) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence at least eight feet in height secured with self-latching gate, and shall be screened from any existing dwelling on adjacent properties by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the facility from the dwelling and its rear yard.

Z. Mineral extraction, subject to:

(1) Removal of minerals encountered during the routine grading of a site for the purposes of an approved land development or for the construction of public improvements shall be excluded from these regulations and the requirement to obtain approval of a conditional use application, provided evidence is presented to the Township that all applicable requirements of the Pennsylvania Department of Environmental Protection (PA DEP) are met.

(2) There shall be no removal of minerals or vegetative cover within 100 feet of the bank of any stream or natural watercourse identified on maps prepared by the United States Geologic Survey (USGS).

(3) Mineral removal shall be prohibited in watersheds or rivers or streams now or hereafter designated by the Pennsylvania Fish Commission as a "wilderness trout stream," by the Pennsylvania Department of Environmental Protection as part of the Scenic Rivers System or designated under the Federal Wild and Scenic Rivers Act.

(4) No mineral removal shall be conducted within 300 feet of any public building, school, church, community or institutional building, commercial building, public park or recreational area.

(5) No mineral removal shall be conducted within 100 feet of the outside right-of-way line of any public street, except where access roads or haulage roads join the right-of-way line and where the appropriate state or federal agency having jurisdiction over the conduct of mineral removal operations shall permit it in accordance with law.

(6) No mineral removal shall be conducted that will adversely affect any publicly owned park or places included in the National Register of Historic Sites, unless approved by the governmental agency with jurisdiction over the park or historic site.

(7) No mineral removal shall be conducted within 100 feet of a cemetery.

(8) No mineral removal shall be conducted within 300 feet of an occupied dwelling, unless the consent of the owner has been obtained in advance of the filing of the application for zoning approval.

(9) The applicant shall present expert testimony to demonstrate that the proposed mineral removal operation will not adversely affect any of the following:

(a) Lawful existing or permitted use of adjacent properties.

(b) The quality or adequacy of any public or private water supply source.

(c) Any flood-prone or landslide-prone areas within the Township.

(10) The applicant shall present expert testimony to demonstrate that the use of explosives, if proposed, shall not cause injury to any adjacent structures or shall not substantially diminish underground water resources.

(11) If blasting is to be undertaken, a seismograph shall be placed on the site of the operation during all times when blasting is performed, which shall be monitored by an independent engineering consultant whose credentials are acceptable to the Township and whose fee is paid by the applicant.

(12) The applicant shall provide reclamation plans for the site that demonstrate that the condition of the land after the operation is completed will allow economically and ecologically productive uses of the type permitted in the district in which the site is located. Acceptance of the reclamation plan shall not constitute approval of any aspect of any future development plan.

(13) The applicant shall show the proposed routes of all trucks to be utilized for hauling and the estimated weights of those trucks. The applicant shall show evidence of compliance with designated weight limits on state and Township roads and shall design the hauling routes for the mineral removal operation to minimize the impact on local streets within the Township.

(14) The operator shall post a bond in favor of the Township and in a form acceptable to the Township prior to beginning operations to guarantee restoration of Township streets that may be damaged during the mineral removal operations.

(15) Portions of the site where mineral removal operations are conducted may be required to be fenced or screened, as necessary, to provide security and protect adjacent properties.

(16) If the duration of the mineral removal is expected to be more than 18 months, Buffer Area "A," as defined by § 410-86A of this chapter, shall be provided along all property lines that adjoin existing dwellings within 500 feet of the property line for a distance sufficient to screen the dwellings and their rear yards from the mineral removal operations, any structures and any related facilities or haul roads.

(17) The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. Any suspension or revocation of the required state or federal permits shall constitute a violation of zoning approval and will result in the suspension or revocation of zoning approval and/or enforcement of the penalty provisions of this chapter.

(18) Approval of the conditional use shall expire if work authorized in the application for the conditional use is not commenced within six months of the date of approval of the conditional use application by the Board of Supervisors, unless the applicant submits a written request for an extension prior to the expiration of the six months after the date of approval.

(19) Once work is initiated under an approved application for conditional use, zoning approval shall be valid for a period of one year from the date of conditional use approval by the Board of Supervisors. An application for renewal of zoning approval shall be submitted prior to the expiration of zoning approval and shall be approved by the Code Enforcement Officer upon demonstration by the applicant that all conditions of approval of the conditional use and the required federal and state permits remain in full force and effect and that the applicant is diligently pursuing the completion of the mineral removal operation.

[Amended 5-16-2012; 5-21-2014]

(20) During the mineral removal operation, the Township Engineer may inspect the site, at the request of the Board of Supervisors, to determine continuing compliance with these standards and criteria and any conditions of approval. The cost of inspection by the Township Engineer shall be borne by the operator.

AA. Mini warehouse; self-storage buildings, subject to:

(1) The minimum site area required shall be one acre.

(2) The site shall have frontage on and direct vehicular access to an arterial street, as defined by this chapter.

(3) Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

(4) All interior driveways shall be improved with an aggregate surface sufficient for the loads the driveways are expected to bear. Concrete aprons shall be provided at the unit entrances.

(5) Parking shall be provided in accordance with the following:

(a) Two spaces for manager's quarters, if any;

(b) One space for each 25 storage units, which spaces shall be located near the manager's quarters or office to be used by prospective customers;

(c) One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

(6) Buffer Area "C" shall be provided in accordance with the requirements of § 410-86A of this chapter along all property lines that adjoin an existing dwelling on property in an R-1, R-2 or V District for a distance sufficient to screen the dwelling and its rear yard from the driveway, buildings and storage areas.

(7) The perimeter of the site shall be fenced with a minimum eight-foot-high chain link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material that creates a visual barrier that is at least eighty-percent opaque.

(8) Maximum building height shall be 20 feet.

(9) The maximum length of any storage building shall be 200 feet.

(10) The minimum distance between storage buildings shall be 20 feet.

(11) Maximum lot coverage by all buildings shall be 60%.

(12) Office space for the management of the site may be provided that shall not exceed 5% of the total floor area of all buildings devoted to storage.

(13) Storage units shall not be equipped with water or sanitary sewer service.

(14) No business activity other than rental of storage units shall be conducted on the premises or from any storage unit.

(15) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.

(16) Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(17) No advertising sign shall be placed on the buildings or on their rooftops.

(18) Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

(19) If public water is available, a minimum of one fire hydrant shall be provided on the site, subject to approval by the Township. The facility shall comply with the Township Fire Code.

BB. Mobile home park, subject to:

(1) The application shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance governing mobile home parks.

(2) The minimum site required for a mobile home park shall be 15 acres.

(3) The site shall have frontage on and direct vehicular access to a street defined by this chapter as arterial or collector.

(4) The site shall be served by public sewers or a community treatment system approved by the Pennsylvania Department of Environmental Protection (PA DEP) that is adequate to serve the proposed number of units.

(5) The site shall be served by public water or a community supply system approved by the Pennsylvania Department of Environmental Protection (PA DEP) that is adequate to serve the proposed number of units.

(6) The minimum mobile home lot shall be 3,000 square feet.

(7) The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.

(8) A minimum fifty-foot setback shall be provided around the entire perimeter of the mobile home park site.

(9) Buffer Area "B," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining existing dwellings on property in an A, R-1, R-2 or V District for a distance sufficient to screen the dwellings and their rear yards from the mobile homes, parking areas and other structures.

(10) Every mobile home slab shall have access to a public or private street paved in accordance with the requirements of the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 360, Subdivision and Land Development.

(11) Each mobile home lot shall provide two off-street parking spaces.

CC. Municipal or residual waste disposal, subject to:

(1) The minimum site required shall be 50 acres.

(2) The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3) The site shall not be located in the watershed of any high quality stream identified by the commonwealth.

(4) The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public street.

(5) A tire-washing station shall be located on the site to service trucks exiting the facility.

(6) Bond.

(a) Prior to beginning operations, the operator shall post a bond in favor of the Township and in a form acceptable to the Township Solicitor in the amount of $100,000 for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the zoning certificate is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road.

(b) Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Township roads that have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township specifications for street construction.

(7) Operations shall not be conducted within 1,000 feet of any property lines adjoining an existing dwelling in an R-1, R-2 or V District.

(8) All property lines adjoining an existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "A," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard from the operation.

(9) Fencing at least eight feet in height shall be provided around any work area for security and to control windblown refuse.

(10) The applicant shall show compliance with all applicable federal and state laws regulating landfills.

(11) The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency (EPA) prior to initiating any operation.

(12) The required federal or state permits shall be maintained throughout the duration of all operations.

(13) Any suspension or revocation of the required state or federal permits shall constitute a violation of this chapter and shall result in the suspension or revocation of the zoning certificate or enforcement of the penalty provisions of this chapter, or both.

(14) In January of each year, the operator shall apply to the Code Enforcement Officer for renewal of the zoning certificate and shall present evidence of continuing compliance with all conditions of approval and the required state or federal permits.

[Amended 5-16-2012; 5-21-2014]

DD. Oil and gas operations, subject to:

[Amended 11-14-2012 by Ord. No. 12-01]

(1) In the R-2 District, the minimum site required to establish one or more oil and gas wells shall be 15 acres. There shall be no minimum site required in any other zoning district where oil and gas wells are authorized.

(2) All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act (Act 1984-223), as amended, and any other applicable federal, state, county and Township statutes.

(3) The applicant shall have obtained from appropriate state and other applicable regulatory agencies or authorities permits issued in accordance with all applicable laws and regulations for the proposed use. In the event such permits have not been issued at the time Township conditional use approval is requested, the applicant's conditional use approval shall be expressly conditioned on the granting of necessary permits as required by the above agencies or authorities. At the time of making application to such authorities, the applicant shall file with the Township Secretary a copy of each state or federal application with supporting documentation for the proposed use.

(4) The applicant shall provide a description of plans for the transportation of materials and equipment to construct the facility and measures that will be taken to maintain all roads within the Township that are used to transport materials and equipment and to repair any damages to the roads that may occur as a result.

(5) Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls or evergreen plant material in order to minimize visibility if the storage area is readily visible from adjoining occupied residential properties. Such materials shall not be deemed to include operable vehicles.

(6) An emergency response plan shall be submitted addressing methods to handle the following:

(a) Well leakage.

(b) Spill containment.

(c) Vandalism creating unknown conditions.

(d) Defective casing or cementing.

(e) Potential communication between the well and the public water supply.

(7) The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (PA DEP) to ensure proper plugging when the well is classified as inactive by the PA DEP.

(8) The applicant shall provide a schedule indicating the following dates:

(a) Site preparation beginnings and ends.

(b) Anticipated drilling activity beginnings and ends.

(c) Anticipated completion (perforating) work to begin and end.

(d) Anticipated stimulation (fracturing) work to begin and end.

(e) Anticipated production work to begin and end.

(f) Anticipated plugging date.

(9) Adequate security measures shall be proposed to protect wellheads that are in a remote location.

(10) The access road to the well site shall be improved with a dust-free, all-weather surface in such a manner that no water, sediment or debris will be carried onto any public street.

(11) An off-street area for maintenance vehicles to stand while gaining entrance to the access road shall be provided that does not disrupt the normal flow of traffic on the public street.

(12) Notwithstanding the area and bulk regulations for each district, the following regulations apply to oil and gas operations in all districts:

[Added 11-14-2012 by Ord. No. 12-01]

	Use	Minimum Setback	Noise Limitation
	Impoundment area	300 feet from an existing building	N/A
	Compressor station	750 feet from an existing building or 200 feet from the property line, whichever is greater, unless waived by the owner of the building or the adjoining lot	Not to exceed 60 dBA at the nearest property line or the applicable standard imposed by federal law, whichever is less
	Processing plant	750 feet from an existing building or 200 feet from the property line, whichever is greater, unless waived by the owner of the building or the adjoining lot	Not to exceed 60 dBA at the nearest property line or the applicable standard imposed by federal law, whichever is less
	Oil and gas operations other than an impoundment area, compressor station or processing plant*	Edge of well pad: 300 feet from an existing building (in R-1, R-2 and V Districts only) Wellhead: 500 feet from any existing building without written consent of the building owner (R-1 and R-2 Districts only) Gas pipelines, water pipelines, access roads and security facilities: none All other oil and gas operations: 300 feet from an existing building (in R-1, R-2 and V Districts only)	N/A

	NOTES:
	*Well location sites failing to meet the minimum setback requirements of 58 Pa.C.S.A. § 3215, including setbacks from various water sources, must follow the variance procedures outlined in said subsection.

EE. Outdoor storage, subject to:

(1) Outdoor storage shall be incidental to the principal use of the lot.

(2) Materials, vehicles and equipment stored shall be directly related to the principal use of the lot.

(3) In the I District, outdoor storage shall be located to the rear of the building or in an alternate location that screens the storage area from public view from the street or any adjacent dwellings that are located at similar elevations within 500 feet of the I District zoned property.

(4) In the B District, outdoor storage areas that total 1,000 square feet or more shall be screened from view from any street or adjoining property.

(5) All dumpsters shall be located in the side or rear yard and shall be screened from view from any street or adjoining property.

(6) Screening shall be comprised of a wall, a solid fence or a compact evergreen hedge. In each case the minimum height of the screening material shall be six feet.

FF. Private club, subject to:

(1) Any establishment that includes a restaurant or tavern shall be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to the restaurant or tavern use, in addition to the parking required for the private club.

(2) Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

(3) Activities on the site and within the building shall comply with the noise standards specified in § 410-85 of this chapter.

(4) All off-street parking that adjoins an existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard from the building and parking area.

GG. Public parking lot or public parking garage, subject to:

(1) All public parking lots or public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

(2) All public parking lots or public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.

(3) The design of any parking garage proposed to be located on property that adjoins an R-1, R-2 or V District shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas that are compatible with the residential character of adjoining properties.

(4) Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

HH. Public recreation; noncommercial recreation, subject to:

(1) A minimum lot area of one acre shall be required; however, the minimum lot area required may be reduced to not less than 12,000 square feet for public facilities that are located in established neighborhoods within walking distance of the residents they are intended to serve and where no off-street parking is proposed for the facility.

(2) All principal structures shall be located at least 30 feet from any property line.

(3) Buffer Area "C," as defined by § 410-86A of this chapter, shall be provided where parking for the use or other intensively used facilities such as ball fields, tennis courts, shelters and the like are proposed adjacent to any property line adjoining an existing dwelling in an R-1, R-2 or V District for a distance sufficient to screen the dwelling and its rear yard from the parking and intensively used facilities. Open space and passive recreation, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from adjoining properties.

(4) The use shall comply with the performance standards of § 410-85 of this chapter.

(5) All lighting shall be shielded away from adjoining streets and properties.

(6) Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 10:00 p.m.

II. Public utility installation, subject to:

(1) In the case of unmanned accessory structures such as equipment cabinets and regulators, there shall be no minimum lot area required. For all other installations, the minimum lot area required shall be 20,000 square feet.

(2) Outdoor storage of materials or equipment, including maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high fence with locking gate.

(3) Any area of the building that is used for business offices shall comply with the parking requirements of Article XIII of this chapter for that use. Any area of the building that is used for storage of material, vehicles or other equipment shall provide one parking space for each 1,500 square feet of gross floor area devoted to that use.

JJ. Retirement community, subject to:

(1) The minimum site required for a retirement community shall be 20 acres.

(2) The site proposed for a retirement community, as defined herein, shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein. A secondary access may be provided from a local street.

(3) A retirement community shall include one or more of the following:

(a) Single-family dwellings.

(b) Two-family dwellings.

(c) Townhouse buildings containing no more than five dwelling units per building.

(d) Garden apartment buildings containing no more than 50 dwelling units per building.

(4) In addition to the foregoing dwelling types, a retirement community shall include common leisure and/or recreational areas.

(5) In addition, a retirement community may include one or more of the following supporting uses, subject to approval by the Township:

(a) Common dining area;

(b) Postal station for use of the residents and staff only;

(c) Banking facility for use of the residents and staff only;

(d) Pharmacy and/or medical offices for use of the residents only;

(e) Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities and dry cleaning valet;

(f) Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

(g) Personal care boarding home licensed by the commonwealth;

(h) Nursing home licensed by the commonwealth;

(i) Elderly day-care center licensed by the commonwealth; and

(j) Taxi, van or similar transportation services for the residents.

(6) The maximum dwelling unit density permitted in a retirement community shall be 12 dwelling units per acre.

(7) No principal structure shall be less than 50 feet from any property line adjoining property in an A, R-1, R-2 or V District. Along all other property lines, no principal structure shall be less than 20 feet from any property line of the development site.

(8) Buffer Area "B," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining property in an A, R-1, R-2 or V District for a distance sufficient to screen the buildings and parking from the adjoining property.

(9) There shall be a minimum of one parking space for each dwelling unit plus one parking space for each employee on peak shift. In the event that a nursing home or personal care boarding home is proposed, parking shall be provided in accordance with the requirements of § 410-103 of this chapter for those uses. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

KK. Slaughterhouse.

(1) In the A District, the primary purpose of the slaughterhouse shall be to slaughter and dress farm animals raised on-site for sale.

(2) Nonfarm animals killed in hunting season may be butchered at the slaughterhouse.

(3) The minimum site required for a slaughterhouse in the A District shall be 20 acres.

LL. Sportsmen's club, subject to:

(1) The minimum site required shall be 10 acres.

(2) All buildings shall be set back at least 200 feet from any property line adjoining an existing dwelling.

(3) In the A District, operating a firing range shall not be permitted within 1,000 feet of any existing dwelling.

(4) One parking space shall be provided for each shooting position or station.

(5) All activities on the site comply with the performance standards of § 410-85 of this chapter.

(6) All off-street parking that adjoins any existing dwelling on property in an R-1, R-2 or V District shall be screened by Buffer Area "C," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard from the parking area.

(7) Unless the perimeter of the site is densely wooded, all property lines that adjoin an existing dwelling on property in any R-1, R-2 or V District shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter, for a distance sufficient to screen the building and any outdoor activity areas from the dwelling and its rear yard.

(8) Any club that includes a restaurant or tavern shall further be subject to the off-street parking requirements of Article XIII for the portion of the building devoted to restaurant or tavern use.

(9) Any use of the facility by nonmembers shall require on-site management and/or security personnel during the event.

MM. Temporary use or structure, other than a construction trailer, model home or sales office, subject to:

(1) Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Code Enforcement Officer determines compliance with the standards of this section as a condition of issuing a certificate of occupancy.

[Amended 5-16-2012; 5-21-2014]

(2) Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall not be subject to the provisions of this section. Any such activity that exceeds 72 consecutive hours in duration shall be subject to approval under this section.

(3) A transient merchant license as may be required by Township ordinance shall be obtained.

(4) Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Code Enforcement Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

[Amended 5-16-2012; 5-21-2014]

(5) All temporary uses or structures shall be removed within 10 days of the expiration of the specific time period for which the structure or use is approved.

(6) All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 410-103 for the proposed use.

(7) Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

(8) All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located for principal structures. All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

(9) Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

NN. Tourism, subject to:

(1) In the V District, the minimum lot area required for new construction of a building devoted to tourism shall be one acre.

(2) In the V District, the use of an existing building or historic structure for tourism may include any of the following uses, in addition to the uses specifically listed in the definition of "tourism," provided the lot has frontage on and direct vehicular access to an arterial or collector street:

(a) Owner-occupied dwelling in combination with an authorized business listed herein.

(b) Antique shop.

(c) Candy shop.

(d) Coffee shop.

(e) Craft or hobby shop.

(f) Florist or gift shop.

(g) Ice cream parlor.

(h) Tea room.

(3) The use of an accessory building for a tourism use shall be permitted.

(4) Minimum site area.

(a) In the A District, the minimum site area required for tourism shall be based on the number of parking spaces required for the use, as follows:

[1] Fifty or fewer parking spaces: 10 acres.

[2] Fifty-one to 75 parking spaces: 25 acres.

[3] Seventy-six to 100 parking spaces: 50 acres.

[4] More than 100 parking spaces: 100 acres.

(b) A tourism use shall not be expanded to provide additional parking unless the foregoing minimum site area requirements are met.

(5) Tourism on farm.

(a) When tourism is proposed on a farm, the farm shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter, if more than 50 parking spaces are provided to support the proposed use.

(b) An existing tourism operation on a farm shall not be expanded to include more than 50 total parking spaces unless the farm has frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(6) Parking for the tourism use shall be based on the following ratios:

(a) One parking space for each guest room.

(b) One parking space for each 250 square feet of retail sales, educational or recreational area located indoors.

(c) One parking space for each 500 square feet of display or growing area accessible to the public, retail sales area, educational or recreational area located outdoors.

(7) Off-street parking accessory to tourism and the driveway leading to the parking spaces from the public street shall be improved with gravel, slag or other aggregate surface.

(8) When tourism is proposed on a farm, the operator of the tourism use must be the owner, operator or resident of the farm.

(9) When tourism that involves retail sales is proposed on a farm, 50% of the gross sales shall come from products grown, raised, produced or processed on the farm.

(10) If guest rooms are provided as part of the tourism use on a farm, the number of guest rooms shall be limited to one guest room for each two acres of the site area of the farm, unless approved as an agrotourism hotel (large or small), as defined by this chapter.

(11) Excluding seasonal workers and temporary workers hired for special events, the maximum number of employees employed in the tourism use shall be related to the size of the site devoted to tourism, as follows:

	Site Size	Employees
	10 acres	5
	11 to 25 acres	10
	26 to 50 acres	15
	51 to 99 acres	20
	100 or more acres	25 for each 100 acres

(12) All buildings and parking areas shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter, along any property line adjoining any existing dwelling in an A, R-1, R-2 or V District for the distance necessary to screen the dwelling and its rear yard from the buildings, parking areas and outdoor activity areas.

(13) If the proposed use is a seasonal use, the use shall be further subject to all applicable criteria of § 410-83MM.

(14) Adequate sanitary facilities available to the public shall be provided. Evidence of PA DEP and local sanitary council approval of the proposed sanitary treatment system adequate to serve the proposed occupancy shall be submitted to the Township.

OO. Truck/heavy equipment rental, sales, service, subject to:

(1) The minimum site required shall be one acre.

(2) The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(3) No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

(4) Storage of parts, dismantled vehicles or equipment and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

PP. Two-family dwelling, subject to:

(1) The minimum site required to develop two-family dwellings shall be five contiguous acres.

(2) The site shall have frontage on and direct vehicular access to a street defined by this chapter as an arterial street or collector street.

(3) The minimum lot area required for a two-family dwelling shall be 10,000 square feet (that is, 5,000 square feet per dwelling unit).

(4) If the properties are proposed to be subdivided for fee simple ownership of each dwelling unit, the units may be divided along the common walls without a variance for the side yard required in the R-2 District, provided the minimum lot area of 5,000 square feet per dwelling unit is provided and the minimum lot width of 50 feet is provided for each dwelling unit's lot and all other applicable area and bulk regulations are met for each lot.

(5) Two off-street parking spaces shall be provided for each dwelling unit. The spaces may be integral or on a paved driveway or parking pad.

QQ. Vehicle rental, sales and service, subject to:

(1) New and used vehicle sales and service establishments shall be limited to those establishments that are factory authorized dealerships or that have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

(2) The minimum lot area required shall be one acre.

(3) The property shall have frontage on and direct vehicular access to an arterial or collector street.

(4) The area used for display of merchandise offered for sale or rental and the area used for parking of customer and employee vehicles shall be surfaced and maintained in gravel, slag or other aggregate material.

(5) The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 410-130 of this chapter.

(6) All lots used for the outdoor display of vehicles shall have a completely enclosed building on the same lot which has not less than 2,000 square feet of gross floor area where all repair, servicing, sales, rental and customer car washing shall be performed.

(7) No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

(8) No vehicle shall be displayed for sale that has a registration with an expiration date of more than one year. Vehicles displayed for sale or rental shall have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

(9) All lights and light poles shall be located at least 10 feet from any street right-of-way or property line, and all lighting shall be shielded and reflected away from adjacent streets and properties.

(10) No oscillating or flashing lights shall be permitted on the lot, on any of the structures or poles on the lot or on any merchandise displayed outdoors.

(11) All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

(12) Storage of parts, dismantled vehicles or vehicles awaiting repair shall be kept in an enclosed building or in an outdoor storage area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

(13) Buffer Area "B," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining an existing dwelling in an R-1, R-2 or V District for a distance sufficient to screen the dwelling and its rear yard from the buildings, parking, display and storage areas.

RR. Vehicle repair garage, subject to:

(1) Such use shall not be located within 100 feet of an existing dwelling on property in an R-1, R-2 or V District.

(2) Buffer Area "B," as defined by § 410-86A of this chapter, shall be provided along all property lines adjoining an existing dwelling in an R-1, R-2 or V District for a distance sufficient to screen the dwelling and its rear yard from the buildings, parking and storage areas.

(3) Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high dense, compact evergreen hedge or opaque fence.

(4) There shall be no more than four vehicles displayed for sale on the premises at any one time.

(5) All repair work shall be performed within an enclosed building that has adequate ventilation and fire protection provisions in accordance with the Township Building Code.

(6) All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

(7) The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health or safety.

(8) Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

SS. Warehouse; wholesale business, subject to:

(1) Any site that involves a warehouse or wholesale sales shall have direct access to an arterial or collector street, as defined by this chapter.

(2) All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent properties containing existing dwellings by a six-foot-high dense, compact evergreen hedge or opaque fence.

(3) No shipping or receiving shall be permitted within 300 feet of property in an R-1, R-2 or V District between the hours of 7:00 p.m. and 7:00 a.m.

(4) All shipping and receiving facilities adjoining an existing dwelling in an R-1, R-2 or V District shall be screened by Buffer Area "B," as defined by § 410-86A of this chapter, for a distance sufficient to screen the dwelling and its rear yard from the buildings, driveways, parking and loading areas.

(5) The storage or handling of hazardous or potentially hazardous materials shall not be permitted.

TT. Wind-energy system, individual, subject to:

(1) The minimum site required to install an individual wind-energy system shall be 10 acres.

(2) The maximum height of an individual wind-energy system shall be 100 feet.

(3) The applicant shall provide evidence that the proposed height of the individual wind-energy system does not exceed the height recommended by the manufacturer or distributor of the system.

(4) The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission governing generation of electricity for private use.

(5) The individual wind-energy system generators and alternators shall be constructed so as to prevent the emission of radio and television signals. The applicant shall correct any signal disturbance problem identified after initiation of the operation within 90 days of identification.

(6) The minimum distance between the ground and any protruding blades utilized on an individual wind-energy system shall be 15 feet, measured at the lowest point of the arc of the blades.

(7) The lowest point of the arc of the blades utilized on an individual wind-energy system shall be 10 feet above the height of any structure located within 150 feet of the base of the individual wind-energy system.

(8) The supporting tower shall be enclosed by a six-foot-high fence, unless the tower is fitted with anticlimbing devices for a distance of 12 feet above the ground.

(9) The applicant shall submit evidence from the manufacturer regarding the structural integrity of the tower, base and footings and the installation's ability to withstand expected wind loads.

(10) The individual wind-energy system shall be set back a distance of 150% of the tower height plus the blade length from any inhabited dwelling on adjacent property, unless notarized consent of the adjacent property owner is presented.

(11) The individual wind-energy system shall be set back a distance of 110% of the height of the tower plus the blade length from all adjacent property lines.

(12) Individual wind-energy systems shall comply with all applicable requirements of the Federal Aviation Administration (FAA).

(13) Individual wind-energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

(14) No tower shall have any sign, writing or picture that may be construed as advertising.

(15) Individual wind-energy system towers shall maintain a galvanized steel finish, unless FAA standards require otherwise.

(16) Individual wind-energy systems shall not exceed 60 decibels (60 dBA), as measured at the closest property line, except during short-term emergencies such as utility outages and/or severe windstorms.

(17) An individual wind-energy system that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner pursuant to an enforcement notice issued in accordance with § 410-130 of this chapter.

UU. Wind farm, subject to:

(1) The minimum site required shall be 10 acres.

(2) Each wind turbine shall be set back from the nearest inhabited dwelling, school, hospital, church or public building a distance no less than two times the total height of the tower plus the length of the turbine blades or 1,000 feet, whichever is greater.

(3) Each wind turbine shall be set back from the nearest property line a distance no less than 1.1 times the total height of the tower plus the length of the turbine blades, unless easements are secured from adjacent property owners.

(4) Each wind turbine shall be set back from the nearest public street a distance no less than 1.1 times the height of the tower plus the length of the turbine blades, measured from the nearest right-of-way of the public street.

(5) Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance not less than 1.1 times the total height of the tower plus the length of the turbine blades, measured from the existing power line or telephone line.

(6) The blade tip of any wind turbine shall have ground clearance at its lowest point of no less than 75 feet.

(7) Wind turbines shall be painted a nonreflective, nonobtrusive color.

(8) Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority.

(9) Wind turbines shall not be used for displaying any advertising except for the reasonable identification of the manufacturer or operator of the wind farm.

(10) Electrical controls, control wiring and power lines shall be wireless or not above ground, except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

(11) The applicant shall minimize or mitigate any interference with electromagnetic communications such as radio, television or telephone signals caused by the wind farm.

(12) Audible noise due to wind farm operations shall not exceed 50 decibels (dBA) for any period of time when measured at any residence, school, hospital, church or public building existing on the date of conditional use approval of the wind farm.

(13) In the event that audible noise due to a wind farm operation contains a steady pure tone, such as a whine, screech or hum, the above standards for audible noise shall be reduced by five decibels.

(14) Appropriate warning signage shall be placed on wind farm towers, electrical equipment and wind farm entrances.

(15) Wind turbine towers shall be equipped with anticlimbing devices for a distance of 15 feet above the ground.

(16) All access doors to wind turbine towers and electrical equipment shall be kept locked when the site is unattended.

VV. Recreational vehicle parks, subject to:

[Added 1-7-2013 by Ord. No. 13-01]

(1) Size:

(a) Minimum lot size of 10 acres.

(2) Occupancy: Maximum amount of pads/berths per recreational vehicle park is 10.

(a) Any park which exceeds the maximum standards for number of recreational vehicles allowed shall be subject to § 410-83BB, Mobile home park.

(3) Individual pad/berth requirements:

(a) Must designate each individual pad/berth on site plan drawing to be submitted as part of a conditional use application. Said plan does not have to be recorded unless the applicant so desires.

(b) Each pad/berth must be adequately leveled with gravel bedding subject to approval of a Township-designated officer.

(c) Adequate lighting must be provided.

(d) Each pad/berth shall be located a minimum of five feet from the side or rear space line of any other pad/berth.

(e) Each pad/berth shall be located a minimum of 10 feet from any other side or rear space line.

(f) In addition to the setbacks for individual pads/berths contained herein, each pad/berth and the park site as a whole must meet all other setback requirements for the Township's Agricultural District.

(4) Utilities:

(a) Any electricity provided/used must be in accordance with all applicable Township, county, state or federal laws and/or codes.

(b) Prior to approval, applicant must secure the appropriate permits for an on-lot sewage system as required by and in accordance with the applicable regulations of the Township, county and the Department of Environmental Protection. RV units cannot connect to existing on-site septic system.

(c) In addition to a properly issued permit, the sewage disposal system must be maintained in accordance with any imposed regulations and provide an adequate supply of potable water for all pads/berths on the property.

(d) All organic rubbish or storage shall be contained in airtight, verminproof containers which shall be screened from view of any public right-of-way or abutting property. Refuse containers shall be located not more than 150 feet from any mobile home berth or at a distance approved by the Township.

(5) Roadways:

(a) Access roadways to/from any public roadway and/or highway must be a minimum of 30 feet wide.

(b) Interior roadways shall be designed so as to prevent blockage of recreational vehicles entering or leaving the site.

(c) Access and interior roadways to be constructed with materials to limit dust and debris and require final approval by the Township.

(d) At all times, every access and interior roadway must be kept in a condition so as to provide adequate ingress/egress for any emergency vehicles. The Township reserves the right to inspect said roadways to determine their ability for ingress/egress. Failure to keep all roadways open shall be the sole responsibility and liability of the property owner.

(6) Registration of occupants:

(a) At the time an individual(s) occupies a designated pad/berth in an RV park, the landowner shall be responsible for reporting said occupant to the Township within 72 hours of the occupancy commencing. Reporting compliance shall entail submitting the information form as provided by the Township, said form to be set by resolution and amended from time to time.

(b) The recreational vehicle park landowner must report and register any/all individuals using said park as their domicile, in order to comply with the reporting requirements of the Township's Earned Income and Net Profits Tax Ordinance and the Local Tax Enabling Act.