Article IV Specific Use Regulations

§ 155-47 Applicability; setback measurements.

Applicability. It is the intent of this article to provide special controls and regulations for particular uses that are permitted by right, special exception, or conditional use within the various zones established in this chapter. All uses must comply with the standards expressed within the underlying zone and all other applicable sections of this chapter, unless those standards expressed within this article differ; in such case, the specific standards listed within this article shall apply.

Permitted uses. For uses permitted by right, these standards must be satisfied prior to approval of any application for a land development (when applicable) or a zoning permit. The applicant shall have the burden of proof that the proposed use is in compliance with these standards and all applicable regulations contained within this chapter and must furnish whatever evidence is necessary to demonstrate such compliance.

Special exceptions. For uses permitted by special exception, this article sets forth standards that shall be applied to each respective special exception. The applicant shall have the burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2) and those contained within this Article IV. The applicant shall also submit competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board.

Conditional uses. For uses permitted by conditional use, this article sets forth standards that shall be applied to each respective conditional use. The applicant shall have the burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B and those contained within this Article IV. The applicant shall also submit competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter. These standards must be satisfied prior to approval of any application for a conditional use by the Board of Supervisors.

Setback measurements. For the purposes of this Article IV, any required setbacks imposed upon any use, building and/or structure shall be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a property line or a lease line.

§ 155-48 Adaptive reuse of agricultural buildings.

Within the (A) Zone, the adaptive reuse of agricultural buildings that existed on the effective date of this chapter is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Any use proposed under this section must be permitted within the Township, but not be permitted by right or by special exception within the (A) Zone. The addition of new dwelling units is permitted, subject to the limitations expressed within § 155-14D of this chapter.

Any number of uses may be permitted under this section, provided that the Zoning Hearing Board finds that such multiple uses are designed and developed to function in a coordinated fashion, and that the uses are not inherently incompatible by reason of impact.

Any use proposed under this section that has specific criteria applied to it within other nonagricultural zones and listed in this Article IV of this chapter shall comply with such other specific criteria, unless the Zoning Hearing Board finds that such other specific criteria are not necessary because:

(1)

The specific criteria provide a level of protection that exceeds that necessary to protect the character of the site and its surroundings; and/or

(2)

The specific criteria provide a level of protection that exceeds that necessary to protect adjoining properties because of man-made and/or natural conditions upon the site.

The applicant shall furnish evidence of an approved means of water supply and sewage disposal to serve all proposed uses.

The applicant shall obtain any necessary land development approvals.

The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all of those uses proposed. All off-street parking and/or loading areas shall be screened from adjoining residences, and off-street loading areas shall be screened from adjoining roads.

The Zoning Hearing Board will approve the proposed use(s) only upon finding that the site and buildings provide for a logical location for such use(s) that:

(1)

Can be effectively accommodated without adverse impact to adjoining uses; and

(2)

Will not introduce uses that would be adversely impacted by other uses, activities or operations contained either on or adjoining the site.

§ 155-49 Adult uses.

Within the (I) Zone, adult uses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

An adult use shall not be permitted to be located within 1,000 feet of any other adult-related use.

No adult use shall be located within 1,000 feet of any land within the R-1, R-2, R-3, MU and VC Zones.

No adult use shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

The distance between any two adult uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each establishment. The distance between any adult use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use.

No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.

Any building or structure used and occupied as an adult use shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure.

No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

No adult use may change to another adult use, except upon approval of an additional special exception.

The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

No unlawful sexual activity or conduct shall be permitted.

No more than one adult use may be located within one building or industrial park.

§ 155-50 Airports/heliports.

Within the A and I Zones, airports/heliports are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Minimum lot area: 30 acres for airports and five acres for heliports;

Within the (I) Zone, such facilities shall be confined to heliports that are accessory to other principal uses;

All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;

The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the special exception application;

The applicant shall furnish evidence of the techniques that will be used to employ "fly neighborly" guidelines to avoid adverse audiovisual impacts to nearby residents and livestock; and

No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet to any property line.

§ 155-51 Alternative energy production facilities.

Within all zones, alternative energy production facilities are permitted accessory uses, subject to the following criteria:

All facilities for the production of energy from alternative sources (e.g., solar panels, windmills, turbines, hydro-powered generators, etc., excluding outdoor furnaces) shall be set back from all property lines at least the minimum distance as required for principal buildings in the zone where the facility is to be located.

All structures that exceed the maximum permitted height within their respective zone shall demonstrate compliance with § 155-32 of this chapter.

All outdoor furnaces, as defined herein, shall comply with the following:

(1)

Outdoor furnaces which utilize any fuel or combustible material other than wood, natural gas, kerosene, propane, domestic heating oil, or electricity are prohibited and banned in all zones within the Township. For the purposes of this definition, "wood fuel" shall include all wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing processes (butt-offs, shavings, turnings, sander dust), wood pellets, slabs, bark, chips, and waste pallets. "Wood fuel" does not include materials chemically treated with any preservative, paint, or oil.

(2)

Within the (A) Zone, outdoor furnaces are permitted by right, subject to the following criteria:

(a)

No outdoor furnace shall be located upon a property that has a minimum lot area of less than one acre.

(b)

No more than one outdoor furnace shall be permitted per principal use.

(c)

No outdoor furnace shall be located within the front yard.

(d)

No outdoor furnace shall be located within 100 feet of any front, side or rear property line or the closest principal use located on the subject property.

(e)

No outdoor furnace shall be operated between May 1 and September 30 of each calendar year.

(f)

Except for limitations and requirements that may impose greater restrictions than listed in this section, the operation, location and fuels to be used within an outdoor furnace shall comply with the applicable manufacturer's specifications. A copy of the manufacturer's specifications shall be submitted to the Zoning Officer at the time of zoning permit application.

(g)

Should an applicant design and construct his/her own outdoor furnace without manufacturer specifications, the applicant shall be required to obtain a special exception and meet his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within this § 155-51 and § 155-174C(2) of this chapter. In addition, the applicant must present qualified expert evidence that his/her outdoor furnace is suitable and safe for the use of that fuel to be consumed, as limited by § 155-51C(1) of this chapter. Then, if approved, the fuel to be used within the outdoor furnace shall be limited to those that the Zoning Hearing Board determines can be safely consumed.

(h)

For the purposes of this section, the term "elevation" shall mean the specified vertical distance measured in relation to the National Geodetic Vertical Datum of 1929 (NGVD). At all times, a completely enclosed exhaust chimney from an outdoor furnace shall extend to its emissions release point at an elevation equal to no less than two feet higher than the highest elevation of the principal building that the unit serves and any other principal use located with 300 feet of the outdoor furnace release point. Notwithstanding the foregoing, in no event shall the exhaust chimney height for any outdoor furnace be less than the manufacturer's guidelines or, for outdoor furnaces that are designed and built without manufacturer specifications, the height as suggested by qualified expert evidence that will enable suitable and safe operation and emissions. Any exhaust chimney exceeding 35 feet in height shall comply with § 155-32 of this chapter.

(i)

The design and use of an outdoor furnace must be such that no exterior surface of the outdoor furnace or its exposed aboveground appurtenances shall at any time exceed a temperature of 120° F.

(j)

All components used to convey between the outdoor furnace and the principal use building must be located within the outdoor furnace enclosure, buried underground and contained within the enclosed principal use building. No exposed conveyances shall be permitted between the outdoor furnace and the principal use building.

§ 155-52 Amusement arcades.

Within the VC and HC Zones, amusement arcades are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All activities shall take place within a completely enclosed building;

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade;

A minimum of one parking space for each 80 square feet of gross floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 155-37F of this chapter; and

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 155-53 Amusement, theme and/or zoo parks.

Within the (HC) Zone, amusement, theme and/or zoo parks are each permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

Purpose. This section provides for a two-stage review process for large-scale amusement uses that is consistent with the Pennsylvania Municipalities Planning Code[1] by encouraging innovation and promoting flexibility, economy and ingenuity in the development process. Specifically, applications submitted under this section will be required to obtain a conditional use approval of a master concept plan that will require detailed explanation of the proposed use's design, operation and impacts. Then, once the master concept plan is approved, subsequent revisions or adjustments that were contemplated under the approved master concept plan will be regulated as permitted uses. Subsequent alterations that were not contemplated by the previously approved master concept plan will require another conditional use approval.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Design and operational objectives. Applications submitted pursuant to this section are required to demonstrate, to the satisfaction of the Board of Supervisors, that:

(1)

The proposed uses are coordinated to function as a single site;

(2)

The proposed design will provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impact;

(3)

The proposed use has access to adequate utilities and public services to ensure the public welfare upon the site and will not overburden such utilities and services to the detriment of the rest of the Township;

(4)

The proposed use is designed, where practicable, to properly integrate and protect important natural features contained upon the site both during and after construction and during subsequent operation of the use;

(5)

The proposed use presents a pleasant appearance on the site and as viewed from adjoining roads and properties; and

(6)

The applicant has a management structure and capacity that can ensure that these preceding objectives will be continuously satisfied.

Stage 1: concept master plan. Prior to, or coincidental with, the approval of a land development for any of the uses regulated in this section, the applicant shall submit a concept master plan for conditional use approval by the Board of Supervisors in accordance with § 155-185 of this chapter. The requirements of this § 155-53 shall be used as the specific criteria for evaluating the conditional use application. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(1)

The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use.

(2)

The specific types and mixture of uses proposed for the land to be included within the proposed use. This will require submission of a schematic drawing of proposed use types within their respective areas, along with a disturbance envelope within which all development activities will be confined.

(3)

A listing of the relevant design standards applied to the use as required by this chapter and a determination of the proposed use's compliance with such standards. Should the Board of Supervisors attach a condition of approval pursuant to § 155-185C of this chapter that imposes a different standard than that of this chapter, such conditioned standard shall be listed along with the use's determination of compliance.

(4)

The circulation network contained upon the land to be included within the proposed use, including roads, sidewalks, off-street parking lots, unimproved overflow parking areas, off-street loading areas, emergency access points, major intersections and any traffic improvements proposed to accommodate the proposed use.

(5)

The name, location, center line and present right-of-way width of all abutting streets.

(6)

The natural and cultural features information as required by Article V of this chapter.

(7)

Any regional facilities that are proposed and will serve more than one lot within the proposed development. Examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, signs, and wastewater or water facilities.

(8)

Qualified expert testimony and impact reports that demonstrate compliance with each of the following requirements and provide for an upset limit of impact regarding each requirement (e.g., maximum traffic volume, maximum sound pressure, maximum structure height, maximum glare, etc.).

(9)

A traffic impact report as required by § 155-46 of this chapter.

(10)

Access management so as not to cause traffic backup onto adjoining roads during peak entrance and exit periods. This shall require special attention to, and description of, the on-site stacking volumes caused by toll booth locations and the number, location, and times of traffic control personnel posting.

(11)

Noise as regulated by § 155-35 of this chapter.

(12)

Lighting as regulated by § 155-33 of this chapter.

(13)

Methods of water supply and sanitary sewage disposal in accordance with applicable state regulations; if public water and/or sewer is to be used, documentation by the respective agency of the adequacy of such system to serve the proposed use.

(14)

Methods of policing and security, to include a written statement from the ranking police officer that adequate police protection is available to serve the proposed use. Also, the applicant is required to provide expert evidence regarding security measures that will be used on the site to ensure adequate public safety during and after conduct of the proposed use.

(15)

Methods of fire protection and ambulance service, to include written statements from the Chiefs of the first-due fire company and ambulance company that will serve the proposed use that attest that adequate fire protection and ambulance service are available to serve the proposed use.

(16)

Capacity of off-street parking lots and off-street loading areas in relation to the schedules of required spaces listed in §§ 155-37F and 155-36D, respectively, of this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site.

(17)

The handling and disposal of materials and wastes as required by § 155-40F of this chapter.

(18)

Methods used to contain, collect and dispose of litter on the site. This shall include a written description of an acceptable working plan for litter cleanup.

(19)

For uses involving the keeping of animals, a written plan that describes the methods used to contain and prevent their escape; dispose of deceased animals in compliance with applicable state laws; handle and dispose of animal wastes in a manner that is compatible with surrounding uses, both on and off of the site; and offer the humane treatment and care of animals at all times.

(20)

Scaled graphic representations of those signs used to attract the public onto the site in accordance with § 155-45 of this chapter.

(21)

Exterior areas used for the storage of automobiles or other vehicles shall be completely enclosed by a six-foot-high fence and shall be subject to the (HC) Zone's setback, landscaping and screening requirements imposed upon off-street parking lots. The outdoor storage of vehicle parts, lubricants and fuels or other materials or equipment used in the service of motor vehicles and the demolition or junking of vehicles is prohibited.

(22)

Maximum permitted height for uses regulated by this section can exceed 45 feet, provided that:

(a)

The proposed structure is set back a horizontal distance at least equal to its height from each property line;

(b)

The applicant must demonstrate that adequate local rescue and fire-fighting capacity exists to ensure the safety of those who might be located above 45 feet by reason of adequate emergency vehicles and equipment and/or employed fire-suppression measures;

(c)

The applicant must submit that the proposed structure does not violate Federal Aviation Regulations No. 77;

(d)

For new buildings and building expansions, the applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended;

(e)

If applicable, the applicant must demonstrate compliance with the American Society of Testing Materials (ASTM) F770-88 Standard Practice for Operation Procedures for Amusement Rides and Devices;

(f)

An integrated telephone system that has a two-hour fire rating shall be provided on all floors;

(g)

If proposed, standpipe and sprinkler connection fixtures shall be located so as to be readily accessible to fire-fighting personnel, and hose preconnects for full access to each floor shall be provided;

(h)

For new buildings and building expansions, Knox-Boxes® shall be provided where any automatic fire alarm, detection or suppression systems are used;

(i)

For new buildings and building expansions, forcible entry tools, including a pick head axe, halligan, K-tool and rabbit tool, shall be provided on each floor; and

(j)

If applicable, the applicant must demonstrate that the rescue of patrons on each amusement ride can occur in a safe and expedient manner during times of emergency.

Modifications of standards. As part of the master concept plan conditional use review, the Board of Supervisors may permit the modification of the standards applied to the proposed use in order to encourage the use of innovative design. An applicant desiring to obtain such approval shall, when making application for the master concept plan, also make application for modification under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the standards shall be subject to the following standards:

(1)

Such modifications of standards better serve the design and operational objectives listed in § 155-53B of this chapter;

(2)

Such modifications of standards would not result in adverse impact to adjoining properties, nor future potential inhabitants within the vicinity;

(3)

Such modifications will not result in an increase in permitted lot coverage for the site; and

(4)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the requirements of this § 155-53 of this chapter.

Stage 2: site development plan. Upon approval of a conditional use for the concept master plan, the applicant must apply for a zoning permit before constructing the proposed use pursuant to § 155-181 of this chapter. As part of the granting of a zoning permit for uses proposed and contained in the Concept Plan, the Zoning Officer shall review an application submitted by the applicant. Such application shall include but not be limited to the following:

(1)

Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter, plus any conditions of approval imposed upon the use; and

(2)

A scaled site plan that demonstrates the proposed use's compliance with the approved master concept plan, plus any conditions of approval attached to the grant of the master concept plan. The Zoning Officer may require additional review by other Township staff or Township-appointed consultants. Such zoning permit shall be approved and issued in accordance with the time limits of § 155-181A(11) of this chapter, provided that:

(a)

The proposed uses are consistent with those contemplated in the master concept plan;

(b)

The area to be disturbed for each use is consistent with the respective disturbance area depicted on the master concept plan;

(c)

The application complies with the applicable design standards and regulations of this and other Township ordinances, plus any conditions of approval attached to the grant of the master concept plan; and

(d)

The impact of the proposed uses are consistent with that upset limit of impact authorized in the master concept plan.

§ 155-54 Auction houses.

Within the VC and HC Zones, auction houses, excluding automobile auctions, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All auction activities shall be conducted within a completely enclosed building.

No outdoor storage or display is permitted.

Off-street parking shall be provided at the rate of one space per each two persons of legal occupancy within the auction house, plus one space per employee on the site at any one time. Oversized off-street parking shall be provided at the rate of one space per each 15 persons of legal occupancy within the auction house.

A minimum of four off-street loading spaces shall be provided, subject to increases in accordance with the schedule listed in § 155-36D of this chapter.

Should the proposed use include a cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

§ 155-55 Automobile and/or animal racing facilities.

Within the (HC) Zone, automobile and/or animal racing facilities, with or without related wagering, are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Design and operational objectives. Applications submitted pursuant to this section are required to demonstrate, to the satisfaction of the Board of Supervisors, that:

(1)

The proposed uses are coordinated to function as a single site;

(2)

The proposed design will provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impact;

(3)

(4)

(5)

The proposed use presents a pleasant appearance on the site and as viewed from adjoining roads and properties; and

(6)

The applicant has a management structure and capacity that can ensure that these preceding objectives will be continuously satisfied.

Stage 1: concept master plan. Prior to, or coincidental with, the approval of a land development for any of the uses regulated in this section, the applicant shall submit a concept master plan for conditional use approval by the Board of Supervisors in accordance with § 155-185 of this chapter. The requirements of this § 155-55 shall be used as the specific criteria for evaluating the conditional use application. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(1)

The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use.

The name, location, center line and present right-of-way width of all abutting streets.

(6)

The natural and cultural features information as required by Article V of this chapter.

(7)

(8)

(9)

A traffic impact report as required by § 155-46 of this chapter.

(10)

(11)

Noise as regulated by § 155-35 of this chapter.

(12)

Lighting as regulated by § 155-33 of this chapter.

(13)

Hours of public operation, which will be limited between 12:00 noon and 10:00 p.m.

The handling and disposal of materials and wastes as required by § 155-40F of this chapter.

(19)

Methods used to contain, collect and dispose of litter on the site. This shall include a written description of an acceptable working plan for litter cleanup.

(20)

(21)

Scaled graphic representations of those signs used to attract the public onto the site in accordance with § 155-45 of this chapter.

(22)

(23)

Maximum permitted height for uses regulated by this section can exceed 45 feet, provided that:

(a)

The proposed structure is set back a horizontal distance at least equal to its height from each property line;

(b)

(c)

The applicant must submit that the proposed structure does not violate Federal Aviation Regulation No. 77;

(d)

The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended;

(e)

If applicable, the applicant must demonstrate compliance with the American Society of Testing Materials (ASTM) F770-88 Standard Practice for Operation Procedures for Amusement Rides and Devices;

(f)

An integrated telephone system that has a two-hour fire rating shall be provided on all floors;

(g)

(h)

Knox-Boxes® shall be provided where any automatic fire alarm, detection or suppression systems are used; and

(i)

Forcible entry tools, including a pick head axe, halligan, K-tool and rabbit tool, shall be provided on each floor.

(1)

Such modifications of standards better serve the design and operational objectives listed in § 155-55B of this chapter;

(2)

Such modifications of standards would not result in adverse impact to adjoining properties, nor future potential inhabitants within the vicinity;

(3)

Such modifications will not result in an increase in permitted lot coverage for the site; and

(4)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the requirements of this § 155-55 of this chapter.

Stage 2: site development plan. Upon approval of a conditional use for the concept master plan, the applicant must apply for a zoning permit before constructing the proposed use pursuant to § 155-181 of this chapter. As part of the granting of a zoning permit for uses proposed and contained in the concept plan, the Zoning Officer shall review an application submitted by the applicant. Such application shall include but not be limited to the following:

(1)

Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter, plus any conditions of approval imposed upon the use; and

(2)

(a)

The proposed uses are consistent with those contemplated in the master concept plan;

(b)

The area to be disturbed for each use is consistent with the respective disturbance area depicted on the master concept plan;

(c)

(d)

The impact of the proposed uses are consistent with that upset limit of impact authorized in the master concept plan.

§ 155-56 Automobile auctions and storage yards.

Within the (I) Zone, automobile auctions and storage yards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

The subject property must front upon and have direct vehicular access to a collector or arterial road as listed in § 155-43 of this chapter.

The applicant shall be required to submit an expert-prepared on-site circulation plan prepared by a professional traffic engineer certified by the Commonwealth of Pennsylvania. Such circulation plan must fully describe the location and manner in which vehicles for auction arrive, are registered, are stored, are displayed, are readied for sale, are stacked for sale, are sold, are road tested, are stored post-sale and then depart the site. It is incumbent upon the applicant to demonstrate that the proposed circulation pattern can be operated safely and will not interfere with the on-site circulation and parking of customers and employees or the flow of traffic on adjoining streets. Such plan shall clearly delineate exterior areas of the site that are to be used solely for the storage of vehicles as opposed to display and sales areas and required off-street parking spaces.

Exterior areas used solely for the storage of vehicles shall be connected to other areas of the site and the adjoining street via one or more access drives in accordance § 155-25 of this chapter.

Exterior areas used solely for the storage of vehicles shall comply with the off-street parking design requirements of § 155-37 of this chapter, except that such areas:

(1)

May be arranged with blocks of horizontally stacked vehicles/equipment that do not provide for the independent movement of each vehicle. No vehicle or piece of heavy equipment shall be located more than 100 feet from an on-site interior drive. Such interior drives must be a minimum of 18 feet wide, unless greater width is required under § 155-37 of this chapter;

(2)

May employ vertical stacking of vehicles. Vehicles stacked vertically shall either be located within an enclosed structure or be located at least 100 feet from the closest property line. Vertical stacking shall not exceed 15 feet;

(3)

Need not be paved, but must have an all-weather and dust-free surface;

(4)

Shall be completely enclosed by a six-foot-high fence, which shall be subject to the (I) Zone's setback requirements imposed upon off-street parking lots;

(5)

Shall be lighted to provide an average of a minimum one-footcandle level of illumination at an elevation of three feet above grade for the detection of suspicious movement. All such lighting shall be arranged so as to reflect the light away from adjoining properties and roads; and

(6)

Need not comply with the interior landscaping requirements, but must be screened from adjoining roads and properties.

Exterior areas used for the display and sales of automobiles shall comply with the off-street parking design requirements of § 155-37 of this chapter.

Areas to be used by employees or customers after dusk shall be lighted to provide an average of a minimum two-footcandle level of illumination at an elevation of three feet above grade for the safe movement of vehicles and pedestrians. All such lighting shall be arranged so as to reflect the light away from adjoining properties and roads.

If an exterior amplified public address system is to be utilized, the applicant shall submit qualified expert evidence that the proposed public address system will be designed and operated in a manner to comply with § 155-35 of this chapter.

The applicant shall prepare, submit and explain and continuously implement an acceptable working plan of the collection and proper disposal of litter and debris. Exterior trash receptacles shall be provided amid any exterior sales and/or display area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.

The proposed use must be connected to public utilities, and all on-site rest rooms, comfort facilities and toilets must rely upon public sewer for disposal of human waste. No "porta-potties" are permitted.

The subject property may contain facilities for the service, repair and reconditioning of vehicles, provided:

(1)

All service, repair and reconditioning uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads, and such stacking lanes will be fully integrated within the site's on-site circulation plan as required in § 155-56B of this chapter;

(2)

All service, repair and/or reconditioning activities shall be conducted within a completely enclosed building and shall be limited to vehicles that are to be auctioned on the site;

(3)

No outdoor storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the service, repair and/or reconditioning operation, shall be permitted; and

(4)

The demolition and/or junking of vehicles is prohibited. No vehicle shall remain on the site for more than one year.

The subject property shall contain a road test track which shall be conveniently linked to the sales area. The test track shall be strictly operated so that customers must use the track for test drives rather than the site's circulation system and adjoining roads. The applicant must demonstrate the means by which patrons will be directed and required to conduct road tests on the site's test track. The test track shall be set back at least 20 feet from adjoining property lines and 50 feet from adjoining roads. If such test track is to be used after dusk, it shall be lighted to provide an average of a minimum two-footcandle level of illumination at an elevation of three feet above grade for the safe movement of vehicles and pedestrians. All such lighting shall be arranged to reflect the light away from adjoining properties and roads.

The applicant shall furnish evidence that the disposal of all materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

No part of the subject property shall be located within 300 feet of any land within the R-1, R-2, R-3, MU and VC Zones.

A traffic impact report shall be prepared in accordance with § 155-46 of this chapter and shall devote particular emphasis on movements of vehicles that may be moving between the subject property and other nearby uses that assist in making vehicles ready for sale.

One truck driver lounge with comfort and bathing facilities, a restaurant, cafeteria or refreshment counter and a filling station is a permitted accessory use, provided such use is located, designed and operated in a manner that is meant to serve those persons directly associated with the principal use while they are on the site. No entrances and/or signage shall be oriented towards attracting patrons from off the site. Should the proposed use include a restaurant, cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

One off-street parking space shall be provided for each 1,000 square feet of total interior and exterior display, sales and storage area for vehicles. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site.

§ 155-57 Automobile filling stations.

Within the VC and HC Zones, automobile filling stations (including minor incidental repair) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The subject property shall have a minimum width of 125 feet;

The subject property shall front on an arterial or collector road;

The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, park or playground, library, hospital or nursing, rest or retirement home;

The outdoor storage of any motor vehicles (whether capable of movement or not) for more than one month is prohibited. Any vehicle stored outside of a completely enclosed building must be awaiting needed parts to perform needed repair, located within a side or rear yard, and be screened from adjoining roads and properties;

All structures (including air compressors, kiosks, gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line;

No outdoor storage of auto parts shall be permitted;

A 28 feet and a maximum of 35 feet wide and separated by 75 feet from one another if located along the same frontage, as measured from edge to edge;

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any land within an R-1, R-2, R-3, MU and VC Zone; and

The applicant shall furnish evidence that the storage, dispensing and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

§ 155-58 Bed-and-breakfasts.

Within the A, R-1, MU and VC Zones, bed-and-breakfasts are permitted by right, subject to the following criteria:

Bed-and-breakfasts shall only be permitted within single-family detached dwellings that existed on the effective date of this chapter;

Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character;

All floors above or below grade shall have a permanently affixed direct means of escape to ground level;

One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit;

All parking areas shall be set back a minimum of five feet from all property lines within the A, R-1 and MU Zones and 10 feet from all property lines within the (VC) Zone and shall be screened from adjoining lots and streets;

A bed-and-breakfast may erect one sign, no larger than eight square feet in size, which must be set back 10 feet from all lot lines;

Breakfast is the only meal that can be served associated with a bed-and-breakfast, and then only to registered overnight guests;

The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used; and

The applicant shall furnish proof of any needed approval from the Pennsylvania Department of Labor and Industry.

§ 155-59 Beekeeping.

Within the A, R-1 and Q Zones, beekeeping is a permitted accessory use to an agricultural or horticultural use or single-family detached residence, subject to the following criteria:

The site shall contain a minimum of one acre;

It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance;

Colonies shall be maintained in movable hives;

Hives shall be situated to maximize sunshine exposure and/or natural wind protection;

In no case shall hives be located within 25 feet of any property line;

All beehives must be registered in accordance with the Pennsylvania Department of Agriculture, Entomology Section; and

Hives shall not be oriented to children's play areas, either on the site or an adjoining property.

§ 155-60 Billboards.

Within the (I) Zone, billboards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

No billboard shall be located within 1,000 feet of another billboard, as measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each land use;

Billboards shall only be permitted upon properties with frontage along an arterial road as listed in § 155-43 of this chapter;

All billboards shall be a minimum of 50 feet from all property lines and 100 feet from any street right-of-way;

All billboards shall be set back at least 300 feet from any land within an R-1, R-2, R-3, MU and VC Zone;

No billboard shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification;

No billboard shall exceed an overall size of 300 square feet, nor exceed 20 feet in height. Billboards must provide for an open space of at least three feet between the lowest point of the sign and the underlying grade; however, this area shall be shielded by an ornamental lattice;

All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation;

Any lighting used for billboards shall be designed in accordance with § 155-33F(11) of this chapter to only illuminate the face of the billboard and not cast glare on adjoining areas or in an upward direction;

Billboards incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like display shall comply with § 155-45C(28) of this chapter; and

The applicant must demonstrate that the proposed use will comply with the Pennsylvania Outdoor Advertising Control Act.[1]

[1]

Editor's Note: See 36 P.S. § 2718.101 et seq.

§ 155-61 Boardinghouses.

Within the R-3, MU and VC Zones, boardinghouses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Boardinghouses must include a full-time on-site resident manager who is not a boarder upon the site;

The following minimum lot area requirements shall be provided:

	Minimum Required Lot Size (square feet)	Plus	Additional Lot Area Per Boarder (up to 10 boarders) (square feet)
	10,000	Plus	2,500

The applicant shall furnish evidence that approved systems for public sewage disposal and water supply shall be used;

No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted;

All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level;

One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit;

One sign, not to exceed eight square feet, shall be permitted, provided such sign is not a freestanding sign as defined herein;

The applicant shall furnish proof of any needed approval from the Pennsylvania Department of Labor and Industry; and

Upon approval of a special exception for a boardinghouse, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the boardinghouse ceases to exist. At such time, the applicant shall be required to furnish a list of those occupants of the boardinghouse on a form provided by the Township. A fee, in the amount to be set by the Zoning Hearing Board, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

§ 155-62 Campgrounds.

Within the (A) Zone, campgrounds are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Minimum lot area: 10 acres;

Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street line;

Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile, which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

An internal road system shall be provided, as required by the SLDO;[1]

[1]

Editor's Note: See Chapter 135, Subdivision and Land Development.

All outdoor play areas shall be set back 100 feet and screened from adjoining properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet and screened from adjoining properties. Such facilities shall be designed and maintained so as to be secure from native animals, such as raccoons, bears, etc.;

Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road, rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels;

All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as listed in § 155-43 of this chapter;

A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any adjoining lot lines;

A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within 100 feet of any property line. Responsibility for maintenance of the recreation area shall be with the landowner;

During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground; and

The applicant shall furnish evidence that all water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.

§ 155-63 Car washes.

Within the VC and HC Zones, car washes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Gray water recycling is required;

For automatic and self-service car washes, each washing bay shall provide a minimum one-hundred-foot-long on-site stacking lane which precedes the washing process. For full-service car washes, such on-site stacking shall be a minimum of 300 feet per lane. Within the VC Zone, only self-serve car washes shall be permitted;

For full-service car washes, a post-washing drying area shall be provided for no less than three vehicles per washing lane;

All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line;

Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement an acceptable working plan for the cleanup of litter and debris;

The subject property shall front on an arterial or collector road; and

The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.

§ 155-64 Casinos, off-track betting parlors and/or slot machine parlors.

Within the (I) Zone, casinos, off-track betting parlors and/or slot machine parlors are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

Casinos, off-track betting and/or slot machine parlors shall not be permitted to be located within 1,000 feet of any other casinos, off-track betting and/or slot machine parlors.

No casino, off-track betting and/or slot machine parlor shall be located within 1,000 feet of any land within the R-1, R-2, R-3, MU and VC Zones.

No off-track betting parlor shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

The above-required distances shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each land use.

No more than one casino, off-track betting parlor or slot machine parlor may be located within one building or shopping center.

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.

The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

Off-street parking shall be provided at the rate of one space per each 65 square feet of gross floor area, including related dining, restaurant and snack bar areas.

All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's rules and regulations pertaining to nonprimary locations, as defined therein, and casinos and slot machine parlors shall be licensed by the Pennsylvania Gaming Control Board.

§ 155-65 Churches and related uses.

Within the R-1, R-2, R-3, MU and VC Zones, churches and related uses are permitted by right, subject to the following criteria:

House of worship:

(1)

Minimum lot area: two acres;

(2)

Minimum lot width: 200 feet;

(3)

All houses of worship shall have vehicular access to an arterial or collector highway;

(4)

Side yard setback: 50 feet on each side for the buildings and 10 feet for off-street parking lots; and

(5)

All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.

Church-related residences (rectories and convents).

(1)

All residential uses shall be accessory and located upon the same lot or directly adjacent to a lot containing a house of worship; and

(2)

All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the R-3 Zone, except that any number of church-related persons (pastors, priests, rabbis, ministers, nuns, caretakers, employees) may share group quarters.

Church-related schools or day-care facilities.

(1)

All schools or day-care uses shall be accessory and located upon the same lot as a house of worship;

(2)

If school or day care is offered below the college level, an outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

(3)

"Enrollment" shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period;

(4)

Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site;

(5)

All schools or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the R-3 Zone; and

(6)

Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled below grade 10 and/or one off-street parking space for each three students grades 10 and above.

Cemeteries.

(1)

All burial plots or structures shall be located at least 50 feet from any street line and 20 feet from any property line;

(2)

In areas not served by public water, the applicant must submit written evidence to assure that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery; and

(3)

No burial plots or facilities are permitted in Floodplain Zone.

§ 155-66 Communications antennas co-located upon existing structures.

Within the A, I and Q Zones, communications antennas that are co-located upon existing structures (e.g., utility transmission towers, observation towers, communications towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures) are permitted by right, subject to the following criteria:

The applicant submits a copy of the written agreement with the landowner upon whose structure the antenna is to be located;

The applicant shall be required to demonstrate that it is licensed by the Federal Communications Commission to operate the proposed use;

The applicant shall demonstrate that the proposed use will comply with the applicable standards governing human exposure to electromagnetic radiation by the Federal Communications Commission;

The applicant shall demonstrate that the proposed use will comply with the Federal Aviation Administration, Commonwealth Bureau of Aviation, and § 155-24 of this chapter;

The applicant shall submit, from a structural engineer registered in the Commonwealth of Pennsylvania, a written certification of the existing structure's and the antenna's ability to meet the structural standards required by either the Electronic Industries Association or the Telecommunications Industry Association and that the construction methods or other measures used will prevent the toppling of any communications antenna onto adjoining properties and/or roads and prevent the wind-borne scattering of ice onto adjoining properties and/or roads; and

When one or more freestanding telecommunications and wireless communications antennas are to be located on an existing structure, and the general public has access to the structure on which the freestanding telecommunications and wireless communications facilities are to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, and other metals. For purposes of this subsection, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.

§ 155-67 Commercial day-care facilities.

Within the VC, HC and I Zones, commercial day-care facilities are permitted by right, subject to the following criteria, and within the (MU) Zone, commercial day-care facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

An outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining properties with the R-1, R-2, R-3, MU and VC Zones. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

"Enrollment" shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

One off-street parking space shall be provided for each six persons enrolled; and

All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

§ 155-68 Commercial produce operations.

Within the (A) Zone, commercial produce operations are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and within the (I) Zone, commercial produce operations are permitted by right, both subject to the following criteria:

The minimum lot area is 10 acres, except that this may be reduced if the applicant can demonstrate compliance with the Pennsylvania Right to Farm Law.[1]

[1]

Editor's Note: See 3 P.S. § 951 et seq.

The maximum permitted lot coverage is 30%, including all impervious surfaces.

If applicable, the applicant shall submit written evidence from the appropriate review that the proposed use has an approved nutrient management plan. All subsequent operations and activities shall be conducted in accordance with such plans. If, at any time, the nutrient management plan is amended, the applicant must again submit written evidence of plan approval to the Zoning Officer.

The applicant shall furnish evidence from the Adams County Conservation District that the proposed use has an approved conservation plan. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If, at any time, the conservation plan is amended, the applicant must again furnish evidence from the Adams County Conservation District that the amended plan has been approved.

The applicant shall abide by, and demonstrate a working knowledge of, those methods that will be employed to comply with the above-required nutrient management plan and conservation plan.

If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with § 155-33 of this chapter.

Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any adjoining property lines.

Any driveway or access drive providing for vehicular access to the proposed use shall be paved and shall maintain a fifty-foot-wide radius for all turns and intersections.

Any on-site materials and/or waste storage facilities shall comply with the requirements of § 155-40F of this chapter.

While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property.

The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

(1)

In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development to estimate the impact of the new development on existing wells in the vicinity.

(2)

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Township.

(3)

A water feasibility study shall include the following information:

(a)

Calculations of the projected water needs;

(b)

A geologic map of the area, with a radius of at least one mile from the site;

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(d)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(f)

A determination of the long-term safe yield based on the geologic formation(s) underlying the site;

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

Should the proposed use not make use of public water and require more than 100,000 gallons of water per day, the applicant shall furnish written evidence of approval from the Susquehanna River Basin Commission.

The applicant shall be required to obtain an approved land development under the requirements of the SLDO.[2]

[2]

Editor's Note: See Chapter 135, Subdivision and Land Development.

The applicant shall be required to submit a traffic impact report in accordance with § 155-46 of this chapter.

The applicant shall be required to submit a written qualified plan for the removal of all buildings and the reclamation of all topsoil in the event of discontinuance of the commercial produce operation. If the site is graded during construction and operation of the commercial produce operation, all topsoil shall remain on the site in a manner which makes it conveniently accessible for reclamation. Should the applicant not adequately guarantee the removal of such buildings and reclamation of topsoil upon discontinuance of the commercial produce operation at his/her expense, the use shall be denied.

The site shall include one off-street parking space for each employee during the largest work shift.

The applicant may conduct a roadside stand, as defined herein, within one of the permanent buildings, but such use shall be limited to no more than 3,000 square feet of display area.

All buildings and storage/processing structures shall be set back at least 100 feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least 50 feet and screened from adjoining roads and properties.

One sign, as provided for in § 155-45, shall be permitted.

The applicant shall be required to install and maintain a riparian buffer along any watercourse that is located upon the subject property according to those specifications listed in § 155-143 of this chapter.

§ 155-69 Commercial recreation facilities.

Within the VC and HC Zones, commercial recreation facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Within the (VC) Zone, no exterior activities shall be permitted.

If the subject property contains more than two acres, it shall front on an arterial or collector road.

Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.

Maximum permitted height for structures regulated by this section can exceed 45 feet, provided that:

(1)

Such structures shall not be used for occupancy;

(2)

The proposed structure is set back a horizontal distance at least equal to its height from each property line;

(3)

The applicant must demonstrate that adequate emergency vehicles and equipment and/or employed fire-suppression measures are available;

(4)

The applicant must submit that the proposed structure complies with § 155-24 of this chapter; and

(5)

The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended.

The applicant shall furnish qualified written evidence regarding the character of the proposed use and management strategies to assure that activities conducted upon the site will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.

Required parking will be determined based upon the types of activities proposed and the schedule listed in § 155-37F of this chapter. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.

Any outside pedestrian waiting lines shall be provided with a means of shade.

§ 155-70 Concentrated animal feeding operations; concentrated animal operations.

Within the (A) Zone, concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from any land within the R-1, R-2, R-3, MU and VC Zones.

Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 150 feet from all permanent surface waters, wetland areas, and wells that provide water for human consumption.

Any new concentrated animal feeding operation and all expansions to existing operations shall be required to submit a plan for control of erosion and sedimentation prepared by a professional engineer and consistent with the requirements of the Nutrient Management Act.[1] This plan shall be required even if not required by the provisions of the Nutrient Management Act itself. All subsequent operations and activities shall be conducted in accordance with such plans. If at any time the nutrient management plan is amended, the applicant must submit written evidence of plan approval to the Zoning Officer.

[1]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

The applicant shall submit and abide by written qualified evidence describing those methods that will be employed to:

(1)

Minimize odor on nearby properties in accordance with an approved odor management plan under the Pennsylvania Nutrient Management Act;

(2)

Dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture. In the event of a catastrophic event in which mass disposal is warranted, the Pennsylvania Department of Agriculture can require whatever disposal methods are deemed appropriate to safeguard animal and public health; and

(3)

Comply with the above-required nutrient management plan and conservation plan.

Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any adjoining property lines.

Any driveway or access drive providing for vehicular access to the proposed use shall maintain a fifty-foot-wide radius for all turns and intersections.

Any on-site manure storage facilities shall comply with the requirements of § 155-102 of this chapter.

All buildings used for the housing of livestock shall be fitted with a solid concrete slab or slotted floor.

The property whereupon the concentrated animal feeding operation is located shall be graded such that runoff from the area of the operation is not discharged onto surrounding properties, onto public roads, or into any permanent surface water.

Applicants for any new concentrated animal feeding operation and all expansions to existing such operations must demonstrate compliance with all state and federal regulations governing the specific operation.

The applicant shall establish and maintain a riparian buffer along any watercourse that is located upon the subject property in accordance with § 155-143 of this chapter.

§ 155-71 Convenience stores.

Within the VC and HC Zones, convenience stores are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All uses must comply with applicable standards contained throughout this chapter. The following lists some of those typically associated with convenience stores and their respective requirements:

	Use	Section Number
	Amusement arcade	§ 155-52
	Automobile filling station	§ 155-57
	Car wash	§ 155-63
	Drive-through or fast-food restaurant	§ 155-74

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.

A minimum of one parking space for each 80 square feet of gross floor area shall be provided. In addition, any exterior accessory uses (e.g., auto filling station, car wash, etc.) shall also require parking to be provided in accordance with the schedule listed in § 155-37F of this chapter.

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 155-72 Convention and/or conference centers.

Within the (HC) Zone, convention and/or conference centers are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

Convention and/or conference centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development (e.g., shared parking, signage, access, lighting, stormwater management, etc.) to serve those persons or groups of persons attending the convention and/or conference center and not the general public:

(1)

Offices;

(2)

Hotels and motels;

(3)

Meeting rooms and auditoriums;

(4)

Banquet and social halls;

(5)

Restaurants and taverns (excluding fast-food restaurants);

(6)

Nightclubs, subject to the requirements of § 155-107 of this chapter;

(7)

Indoor theaters and arenas;

(8)

Sports stadiums;

(9)

Retail shops and concessionaires;

(10)

Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, but excluding adult-related uses);

(11)

Commercial day-care facilities;

(12)

Information centers and booths; and

(13)

Outdoor activities, provided that no such activities shall be conducted upon any area of required off-street parking or off-street loading, including, but not limited to, outdoor amusements, shows for automobiles, consumer goods, agricultural equipment, supplies and livestock, sports equipment, boats, home and building materials and landscaping, community festivals, carnivals, circuses, concerts and other similar events.

Minimum required lot area: 10 acres.

All uses shall be served by both public sewer and public water utilities.

The subject property shall provide a suitable means of vehicular access that conveniently connects to an arterial road.

Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 155-37F of this chapter. In addition, an unimproved, grassed, overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Board of Supervisors determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Board of Supervisors can require the applicant to revise and/or provide additional on-site parking space.

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means to relieve the undue congestion.

Any outside pedestrian waiting lines shall be provided with a means of shade.

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. All lighting on the site must comply with § 155-33 of this chapter.

Those uses involving extensive outdoor activities and/or displays shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted.

A traffic impact report shall be prepared in accordance with § 155-46 of this chapter.

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines. Any noise generated on the site must comply with § 155-35 of this chapter.

The convention and/or conference center is eligible to utilize planned center signage, as listed in § 155-45 of this chapter.

All uses within the convention and/or conference center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.

§ 155-73 Domestic composts.

Within any zone, one domestic compost is a permitted accessory use to a residence, subject to the following requirements:

The placement of a framed enclosure for composting is subject to all accessory use setbacks;

Only waste materials from the on-site residence shall be deposited within the compost enclosure;

In no case shall meat or meat by-products be composted; and

All composting enclosures shall be maintained such that they will not create a nuisance to nearby properties.

§ 155-74 Drive-through and/or fast-food restaurants.

Within the VC and HC Zones, drive-through and/or fast-food restaurants are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Within the (VC) Zone, drive-through windows and lanes and curbside service are prohibited;

Exterior trash/recycling receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of an acceptable working plan for the cleanup of litter;

Within the (HC) Zone, all drive-through window lanes shall be separated from the parking lot's interior driveways and shall provide at least 200 feet of on-site stacking per lane preceding the food order location. Furthermore, each drive-through lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open vs. closed);

Any exterior speaker/microphone and lighting systems shall be arranged, operated and/or screened to comply with § 155-44 of this chapter;

All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence; and

All lighting systems shall be arranged, operated and/or screened to comply with § 155-33 of this chapter.

§ 155-75 Dry cleaners, laundries and laundromats.

Within the VC and HC Zones, dry cleaners, laundries and laundromats are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Public sewer and water shall be used;

All activities shall be conducted within a completely enclosed building;

During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed; and

Any exhaust ventilation equipment shall be directed away from any adjoining properties within the R-1, R-2, R-3 and MU Zones.

§ 155-76 ECHO housing.

Within the A and Q Zones, one ECHO housing unit, as defined herein, is permitted by right as an accessory use to one principal dwelling unit, subject to the following requirements:

The elder cottage shall be of portable construction and may not exceed 900 square feet of floor area.

The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum lot coverage requirement for the respective zone.

The elder cottage shall be occupied by:

(1)

One person who is at least 50 years of age, handicapped and/or a disabled person who is related by blood, marriage or adoption to the occupants of the principal dwelling; or

(2)

The caregiver who is related by blood, marriage or adoption to the elderly, handicapped or disabled occupant(s) of the principal dwelling.

The elder cottage shall be occupied by a maximum of two people.

For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling; no separate utility systems or connections shall be constructed or used, unless required by the PA DEP. All connections shall meet the applicable utility company standards. If on-site sewer or water systems are to be used, the applicant shall submit evidence that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the sewage enforcement officer.

A minimum of one all-weather, off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.

Unless provided within an existing building, the elder cottage shall be installed and located only in the side or rear yards and shall adhere to all side and rear yard setback requirements for principal uses.

The elder cottage shall be removed from the property within three months after it is no longer occupied by a person who qualifies for the use. The applicant shall be required to post a bond with the Township, for a value equal to the cost of lawful removal of the use from the property, prior to issuance of a zoning permit for the proposed use.

Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

§ 155-77 Emergency services.

Within the R-1, R-2, R-3, MU, VC, HC, and I Zones, emergency services, as defined herein, are permitted by right, subject to the following requirements:

A minimum lot size of one acre is required.

A maximum impervious coverage of 60% is permitted.

The buildings and any outdoor storage, off-street loading spaces, waste receptacles and outdoor recreation areas shall be set back at least 50 feet from each lot line. Off-street parking lots shall maintain a minimum twenty-foot setback from each lot line, which shall be fitted with landscaping in accordance with § 155-44 of this chapter. In addition, off-street parking lots, off-street loading spaces, waste receptacles and outdoor storage areas shall be screened from adjoining properties within the R-1, R-2, R-3, MU and VC Zones.

Off-street parking shall be prohibited within the front yard to ensure ease of ingress and egress to and from the station.

Off-street parking requirements for the station shall be based upon the sum of its various features that would be occupied at one time in accordance with the schedule listed in § 155-37F of this chapter.

No outdoor storage of vehicle parts, equipment, lubricants, fuel, or other materials used or discarded shall be permitted.

§ 155-78 Equestrian centers and riding stables.

Within the (A) Zone, equestrian centers and riding stables, as defined herein, are permitted by right, subject to the following requirements:

Minimum lot area: 10 acres;

Any structure used for the boarding of horses shall be set back at least 100 feet from any adjoining property within the R-1, R-2, R-3, MU and/or VC Zones;

All stables shall be maintained so as to minimize odors perceptible at the property line;

All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence, which will be located at least 10 feet from all property lines;

Required parking will be determined based upon the types of activities proposed and the schedule listed in § 155-37F of this chapter. Specifically, with respect to parking, the applicant shall demonstrate that adequate parking facilities exist in form and number to accommodate all anticipated activities as they occur, taking into consideration the highest number of employees at a given time, the highest number of visitors at a given time, the seasonal or permanent nature of each event and the number of events which can occur simultaneously on the property. Should the use cause parking backups onto adjoining roads, the Township may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines;

The applicant shall furnish evidence of an effective means to dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture;

All animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties; and

§ 155-79 Family day-care facilities.

Within the A, R-1, R-2, R-3, MU, VC and Q Zones, family day-care facilities are permitted as a permitted accessory use, subject to the following criteria:

Family day-care facilities must be conducted within detached dwellings having a minimum lot size of 10,000 square feet;

A family day-care facility shall offer care and supervision to no more than six different nonresidents during any calendar day;

All family day-care facilities with enrollment of more than three nonresidents shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare;

An outdoor area shall be provided at a minimum rate of 100 square feet per nonresident. Off-street parking lots shall not be used as outdoor areas. Outdoor areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned properties. The use of outdoor areas shall be limited to the hours between 8:00 a.m. and 8:00 p.m. or civic sunset, whichever occurs sooner. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor areas must provide a means of shade, such as a shade tree(s) or pavilion(s); and

Passenger dropoff and pickup areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

§ 155-80 Farm occupations.

Within the A and Q Zones, farm occupations, as defined herein, if conducted as an accessory use to a principal agricultural use of the property, are permitted by right, subject to the following requirements:

Residents and up to four nonresidents may be employed by the farm occupation;

The use must be conducted within one completely enclosed building. Where practicable, the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings or must be no less than 100 feet from any adjoining roads or properties;

Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use or removed if the farm occupation is discontinued;

No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 300 feet of any adjoining land within an R-1, R-2, R-3, MU and VC Zone. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line;

The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any access drive serving the farm occupation and the farm shall not be calculated as land serving the farm occupation;

No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces;

Any sign used for a farm occupation shall not exceed eight square feet in size;

For farm parcels of up to 50 acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted;

The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Adams County, which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the farm occupation change in the future, such that the materials used or wastes generated change significantly, either in type or amount, the owner of the farm occupation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section; and

The applicant shall submit the following signed and notarized statement:

"I understand that this use has prescribed limitations that are imposed to protect the rural character of the Township. I also recognize that continued success of my business that requires expansion beyond such limitations at this location would constitute a zoning violation. Should expansion beyond these limitations occur, I will be required to find another, more suitable, location with the appropriate zoning."

§ 155-81 Farmers and/or flea markets.

Within the (HC) Zone, farmers and/or flea markets are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape, which encompasses all display stands, booths, tables, or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above;

The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;

Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area and shall be designed and used in accordance with § 155-37F of this chapter. No required off-street parking spaces shall be used for the display and/or storage of items for sale;

Off-street loading shall be provided at the rate similar to that imposed on retail sales as listed in § 155-36D of this chapter. The retail sales area, as described above, shall be used to calculate needed loading space(s);

All outdoor display and sale of merchandise shall occur between official sunrise and no later than one hour prior to civil sunset;

Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties, and the applicant shall demonstrate compliance with § 155-35 of this chapter;

All lighting systems shall be arranged, operated and/or screened to comply with § 155-33 of this chapter; and

Trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of an acceptable working plan for the cleanup of litter.

§ 155-82 Fences and walls.

Within the A, R-1, R-2, R-3, MU and VC Zones, fences and walls are permitted by right within required yard areas, provided that no fence or wall (except agricultural, required junkyard, athletic court or outdoor shooting range walls or fences, or retaining walls as noted below) shall be erected to a height of more than:

[Amended 2-20-2017 by Ord. No. 2017-B]

(1)

Four feet in a front yard, except that fences and walls erected upon reverse frontage lots may extend up to a height of six feet within those yards that do not contain vehicular access onto an adjoining road; and

(2)

Six feet in any side or rear yard.

Within the HC, I and Q Zones, no fence or wall (except agricultural, required junkyard or tennis court walls or fences, or retaining walls as noted below in § 155-82D) shall be erected to a height of more than 10 feet in any yard.

No fence or wall shall interfere with the required clear sight triangle as listed in §§ 155-25C, 155-27 and 155-28C of this chapter.

The use of retaining walls higher than four feet, up to a maximum height of 12 feet, is permitted, subject to the following findings:

[Amended 2-20-2017 by Ord. No. 2017-B]

(1)

That the proposed height of the retaining wall is necessary to facilitate an efficient use of the site and/or protect an important or sensitive natural or cultural feature of the site;

(2)

That the applicant has submitted written expert evidence from a professional engineer registered to practice within the Commonwealth of Pennsylvania that the proposed retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern and/or underground utility lines, nor interfere with their rights-of-way;

(3)

That the applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and/or vehicle movement areas to ensure adequate vehicle and pedestrian safety; and

(4)

That the base of the retaining wall is set back a horizontal distance at least equal to its height from each property line.

The use of barbed wire and electric fences is expressly prohibited, except in the case of agricultural fences used to contain livestock.

Fences and walls shall be constructed of durable materials suited for their purpose, and the use of discarded materials, vehicles, and appliances is prohibited. No wall or fence shall be constructed of corrugated metal, corrugated fiberglass, or sheet metal.

§ 155-83 Fish hatcheries and/or fish farms.

Within the (I) Zone, fish hatcheries and/or fish farms are permitted by right, subject to the following criteria:

The applicant must furnish:

(1)

Evidence of receipt of an approved artificial propagation license from the Pennsylvania Department of Agriculture, Bureau of Animal Health.

(2)

A written plan that describes the methods used to contain and prevent animal escape; dispose of deceased animals in compliance with applicable state laws; handle and dispose of animal wastes in a manner that is compatible with surrounding uses, both on and off of the site; and offer the humane treatment and care of animals at all times.

§ 155-84 Flag lots; joint-use driveways.

Flag lots. Within the (A) Zone, the use of flag lots for single-family detached residences is permitted by right only when it will enable the preservation of some important natural or cultural feature (including but not limited to productive farmland) which would otherwise be disturbed by conventional lotting techniques.

(1)

For the purposes of this section, a flag lot shall be described as containing two parts:

(a)

The "flag" shall include that portion of the lot that is the location of the principal and accessory buildings.

(b)

The "pole" shall be considered that portion of the site that is used for vehicular access between the site and its adjoining road.

(2)

Requirements for the flag.

(a)

The minimum lot area and lot width requirements of this chapter shall be measured exclusively upon the flag.

(b)

For purposes of determining required yards and setbacks, the following shall apply:

[1]

Front yard: the area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to be within the front yard;

[2]

Rear yard: the area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above; and

[3]

Side yards: the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. (See the Flag Lot Diagram for a graphic depiction of the yard locations.)

(3)

The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to and egress from the lot is in the forward direction.

(4)

Requirements for the pole:

(a)

The pole shall maintain a minimum width of 25 feet.

(b)

The pole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands or some other significant natural or cultural feature.

(c)

No part of the pole shall be used for any portion of an on-lot sewage disposal system, nor any other improvement, except a driveway and other permitted improvements, such as landscaping, fencing, utility connections to off-site facilities, mailboxes, and signs.

(d)

The cartway contained on the pole shall be located at least five feet from any adjoining property line and 20 feet from any existing structures on the site or on any adjoining property.

(e)

No pole shall be located within 120 feet of another on the same side of the street, unless adjoining poles share a joint-use driveway, regulated as follows.

Joint-use driveways. When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access. Such joint-use driveways shall comply with those requirements listed in § 155-28, unless superseded as follows:

(1)

A joint-use driveway must serve at least one flag lot, but may also serve conventional lots, up to a maximum of four total lots.

(2)

All joint-use driveways shall have a minimum easement width of 24 feet and a minimum cartway width of 16 feet, which shall be maintained with a dust-free surface.

(3)

Cross-access easements shall be required to ensure common use of, access to, and maintenance of joint-use driveways; such easements shall be recorded in language acceptable to the Township Solicitor and depicted on the subdivision plan. (See Appendix 1.[1])

[1]

Editor's Note: Appendix 1 is on file in the Township offices.

§ 155-85 Forestry uses.

In accordance with state law, forestry (as defined herein) uses are permitted by right in every zone, subject to the following standards:

Timber harvesting plan requirements. Every landowner on whose land timber harvesting is to occur shall obtain a zoning permit, as required by this chapter. In addition to the zoning permit requirements listed in § 155-181 of this chapter, the applicant shall prepare and submit a written timber harvesting plan in the form specified below. No timber harvesting shall occur until a zoning permit has been issued. The provisions of the permit shall be followed throughout the operation. The timber harvesting plan shall be available at the harvest site at all times during the operation and shall be provided to the Zoning Officer upon request. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the timber harvesting plan and the zoning permit. All timber harvesting operations will be conducted only in accordance with this chapter and the approved timber harvesting plan.

(1)

A forest regeneration plan that identifies the principal species of trees intended to be logged and their respective method or methods of forest regeneration, including each species' respective forest regeneration schedule (i.e., in terms of years). As soon as practical and consistent with sound forest management practices, after the conclusion of the timber harvesting operation, the applicant(s)/owner(s) shall cause to be implemented the forest regeneration schedule of the timber harvesting plan.

(2)

Site plan. Each timber harvesting plan shall include a scaled drawing containing the following information:

(a)

Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

(b)

Significant topographic features related to potential environmental problems and all of the natural and cultural features required within Article V of this chapter;

(c)

Location of all earth disturbance activities, such as roads, landings and water control measures and structures;

(d)

Location of all crossings of waters of the commonwealth; and

(e)

The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

(3)

Required approval of a forest stewardship plan. All applications for timber harvesting shall include written approval of a forest stewardship plan by the PA DCNR, Bureau of Forestry.

(4)

Compliance with state law. The application for timber harvesting shall include evidence that the timber harvesting plan addresses and complies with the requirements of all applicable state regulations, including, but not limited to, the following:

(a)

Erosion and sedimentation control regulations contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.); and

(b)

Stream crossing and wetlands protection regulations contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).

(5)

Relationship of state laws, regulations and permits to the timber harvesting plan. Any permits required by state laws and regulations shall be attached to and become part of the timber harvesting plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Chapter 102 of Title 25 of the Pennsylvania Code shall also satisfy the requirements for the timber harvesting plan and associated maps specified in § 155-85A, provided that all information required by these sections is included or attached.

(6)

Required marking of trees. Before any permitted timber harvesting operation begins, all trees that are at least six inches in diameter, as measured 4.5 feet above grade, to be felled in connection therewith shall be clearly marked on the trunk and the stump so that the same may be easily identified both before and after a tree has been felled. No tree shall be felled which has not been designated for removal on the approved timber harvesting plan.

Required notifications.

(1)

The holder of a permit to conduct a timber harvesting operation shall notify the Township, in writing, at least 48 hours before any cutting of trees is to begin, including, but not limited to, those in connection with the construction of roads or trails. Such notification shall also indicate an estimated completion date.

(2)

The holder of a permit to conduct a timber harvesting operation shall notify the Township, in writing, within 48 hours of the completion date of the timber harvesting operation.

Required forest practices. The following requirements shall apply to all timber harvesting operations:

(1)

Timber harvesting shall be accomplished with those professionally accepted silvicultural practices that are most appropriate to the particular timber stand, as indicated in the approved timber harvest plan.

(2)

No tree tops or slash shall be left within 50 feet of any public street, private roadway providing access to any adjoining residential property or residential zone, adjoining property or designated trail or within 10 feet of any natural or artificial swale or drainage ditch. All tree tops and slash shall be lopped to a maximum height of four feet above the ground.

(3)

Felling or skidding on or across property of others is prohibited without the express written consent of the owners of such property. No tree tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.

(4)

Littering is prohibited, and litter resulting from a timber harvesting operation shall be removed from the site on a daily basis.

(5)

All cutting, removing, skidding and transporting of trees shall be planned and performed in such a manner as to minimize the disturbance of or damage to other trees and vegetation and the land itself, unless authorized in the approved timber harvesting plan.

(6)

Roads and trails shall be constructed, maintained and abandoned in such manner as to prevent soil erosion and permanent damage to soil and waterways.

(7)

Roads and trails shall be only wide enough to accommodate the type of equipment used, and grades shall be kept as low as possible.

(8)

Where possible, stream crossings shall be avoided, but where deemed to be necessary, crossings shall be made at a right angle across suitable culverts or bridges.

(9)

Skidding across live or intermittent streams is prohibited, except over bridges or culverts.

(10)

Unless superseded by the erosion and sedimentation control regulations contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.), "No Timber Harvesting Buffer Zones" are established in accordance with the following table. Except for the construction and use of roads and trails described in the approved timber harvesting plan, no trees shall be cut, removed, skidded or transported in a No Timber Harvesting Buffer Zone.

	No Timber Harvesting Buffer Zones
	Use	Required Minimum Setback (feet)
	Adjoining street, except as noted below for scenic roads	50
	Adjoining property	50
	Streams or other watercourse	50
	Designated trails	25
	Springs, vernal ponds, seeps, natural or artificial swale or drainage ditches	25

(11)

Everything practicable shall be done to prevent damage or injury to young growth and trees not designated for cutting, unless authorized within the approved timber harvesting plan.

(12)

All limbs and stubs shall be removed from felled trees prior to skidding.

(13)

All trees bent or held down by felled trees shall be released promptly.

(14)

No trees shall be left lodged in the process of felling, with as little damage as possible to the remaining trees.

(15)

Felling or skidding on or across any public street is prohibited without the express written consent of the Township in the case of Township streets or the Pennsylvania Department of Transportation in the case of state highways.

(16)

The stumps of all felled trees shall be permitted to remain for soil for stabilization, provided that they extend no more than two feet above grade.

(17)

During the periods of abnormal forest fire danger, the Township shall have the right to order a suspension of timber harvesting operations until the danger subsides.

(18)

Upon completion of a timber harvesting operation, all roads shall be graded to eliminate any wheel ruts, and access to such roads from any public street by motor vehicles of any kind shall be effectively blocked.

Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 of the Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation, to the extent the damage is in excess of that caused by normal traffic, and shall be required to furnish a bond to guarantee the repair of such potential damages, as determined by the Township Board of Supervisors with advice from the Township Engineer.

Township's right to inspect.

(1)

The Township may, by its own personnel or outside agent, go upon the site of any proposed timber harvesting operation after an application to conduct such operation has been filed for the purpose of reviewing the plans for the proposed operation and thereafter recommending or opposing the proposed operation or recommending or requiring changes or modifications thereto.

(2)

After a permit for a timber harvesting operation has been issued, the Township shall have the right, by its own personnel or agent, to go upon the site before, during and after the timber harvesting operation to insure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.

§ 155-86 Freestanding communications antennas, towers and equipment.

Within the A and I Zones, freestanding communications antennas, towers and equipment that are not co-located are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Prerequisite co-location analysis.

(1)

Approval of new freestanding communications antennas, towers and equipment will only be permitted after qualified expert demonstration by the applicant that no other opportunity exists within a two-mile radius of the proposed site to co-locate such antenna onto any of the following:

(a)

Utility transmission towers;

(b)

Observation towers;

(c)

Communications towers;

Silos;

Steeples;

Smokestacks;

Water towers;

Flagpoles; and

Other similar structures.

(2)

In order to demonstrate compliance with this section, the applicant must prepare and submit an inventory map of all such co-location opportunities within a two-mile radius of the proposed site and list the specific reason why each co-location site is not possible, for one or more of the following reasons:

(a)

Written refusal by current tower owner to accommodate proposed antenna;

(b)

Topographic limitations that prevent adequate transmission coverage;

(c)

Adjacent impediments blocking adequate transmission coverage;

(d)

Technical limitations of the system that prevent adequate transmission coverage;

(e)

Proposed antenna exceeds structural capacity of structure or tower;

(f)

Inadequate space on structure or tower;

(g)

Reserved space on existing structure or tower for other antennas; and/or

(h)

Other specifically described limiting factors rendering the existing structure or tower unusable.

Siting requirements. The applicant shall demonstrate, using technical evidence, that the proposed location is necessary for the efficient operation of the system. All other uses associated with the communications antenna or tower, such as a business office, maintenance depot, business sign, or vehicle storage, shall not be located on the site, unless the use is otherwise permitted in the zone in which the site is located.

Future co-location requirements. In order to reduce the number of towers needed in the Township in the future, any proposed new tower or other support structure shall be designed to accommodate other co-located antennas, including, but not limited to, police, fire and emergency services.

Required antenna towers. Except as provided below, a monopole antenna tower shall be required when new towers are proposed, unless the applicant can conclusively demonstrate that:

(1)

The cost of erecting a monopole would preclude the provision of adequate service to the public;

(2)

The use of a monopole would produce an unsafe antenna support structure at the proposed location;

(3)

The proposed alternative antenna structure would have the least adverse visual impact on the environment and surroundings; and/or

(4)

The proposed alternative antenna support structure is more architecturally compatible with surrounding uses and blends in better with the existing characteristics of the site and its surroundings.

Permitted height. The applicant shall submit expert testimony that the communications antenna or tower is the minimum height required to function satisfactorily. In no case shall an antenna or tower exceed 199 feet in height.

Required setbacks. Any communications antenna or tower shall be set back from each property line a distance equal to its height, plus 50 feet. This setback shall also be applicable to guy wire anchors for the communications antenna or tower. No antenna or tower shall be located within 500 feet of:

(1)

Any land within the R-1, R-2, R-3, MU and VC Zones;

(2)

The nearest property line of any existing residence;

(3)

The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed; and

(4)

The nearest property line of any lot proposed for residential purposes that has been submitted for preliminary or final subdivision approval.

Required finishes and lighting. Communications antennas or towers shall be painted with silver or gray paint or have a galvanized finish in order to reduce visual impact. Support structures may be painted green, up to the height of nearby trees, to lessen visual impact. No communications antenna or tower may be artificially lighted, except when required by the Federal Aviation Administration, state regulations or by Township requirements.

Anti-climbing requirements. All communications antennas or towers shall be fitted with anti-climbing devices, as approved by the manufacturers.

Compliance with communications requirements. The applicant shall be required to demonstrate that it is licensed by the Federal Communications Commission to operate the proposed use, and that it will comply with the applicable standards governing human exposure to electromagnetic radiation by the Federal Communications Commission. The applicant shall also demonstrate compliance with guidelines recommended by the American National Standards Institute (ANSI) (ANSI/EEEC95-1-1992) with respect to radio frequency emissions.

Compliance with aviation requirements. The applicant shall demonstrate that the proposed use will comply with all applicable requirements of the Federal Aviation Administration, Commonwealth Bureau of Aviation, and § 155-24 of this chapter.

Required historic site findings. In accordance with Section 106 of the National Historic Preservation Act,[1] as an undertaking requiring a federal permit, license or approval, the applicant shall be required to obtain a letter of determination from the State Historic Preservation Office of the Pennsylvania Historical and Museum Commission, determining that the proposed use will not adversely affect any historic resources.

[1]

Editor's Note: See 16 U.S.C. § 470 et seq.

Required construction certification. The applicant shall furnish a sealed statement from a registered engineer that the support methods employed will prevent the collapse, toppling or falling of the communications antenna or tower, or portion thereof, and will prevent the wind-borne scattering of ice onto adjoining properties and/or roads.

Required fencing and signage. All communications antennas or towers and guy wire anchors shall be completely enclosed by a minimum eight-foot-high nonclimbable fence. All ground-mounted satellite dishes that are used to transmit video format data shall also require prominent posting on the fence of signage warning of dangerous radiation levels. Any gates within the fence shall be self-closing and shall be locked when the site is unattended.

Required parking. If a tower site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift but, in any event, may not be less than two off-street parking spaces.

Required landscaping. The applicant shall be required to provide landscaped screening, as defined herein, around the ground-level features of the proposed use (e.g., tower base, fence, parking and loading, related buildings, guy wire anchors, etc.). In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

Required removal plan. The applicant shall submit a plan for the removal of the communications antenna when it becomes functionally obsolete or is no longer in use. The applicant shall be responsible for the removal of the antenna within three months from the date it ceases operation or the antenna becomes obsolete.

Required as-built plan. Prior to issuance of a certificate of use and occupancy, the applicant shall be required to submit an as-built site plan, prepared by either a registered surveyor or a professional engineer, depicting elevations, the communications antenna or tower, buildings, fences, screening, access, and any accessory structures.

Required biennial inspection. Beginning in December of 2008, and by December 1 of each even-numbered year thereafter, any approved communications antenna or tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of such antennas or towers. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures." A copy of said inspection report shall be provided to the Township, along with a review fee in the amount to be determined by resolution by the Board of Supervisors. Failure to provide this inspection report and review fee shall constitute a violation of this chapter.

§ 155-87 Funeral homes.

Within the VC and HC Zones, funeral homes are permitted by right, subject to the following criteria, and within the (MU) Zone, funeral homes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Sufficient off-street parking shall be provided and designed to prevent backups onto adjoining roads; the applicant shall describe what measure will be used (e.g., overflow parking, parking attendants, etc.) to prevent such backups;

All parking areas shall be set back at least 10 feet from adjoining lot lines, and no joint off-street parking areas shall be permitted; and

No direct vehicular access shall be permitted onto an arterial road from the site.

§ 155-88 Garage, yard and moving sales.

Within the A, R-1, R-2, R-3, MU and Q Zones, and upon properties with principal residential dwelling units, garage, yard and/or moving sales are an accessory permitted use, subject to the following standards:

Such sales may only be conducted by an owner or occupant of a lot.

No more than three total sales may be conducted during any calendar year.

No garage/yard/moving sale shall be conducted for a period longer than three consecutive days. No garage/yard/moving sale shall be conducted on a Sunday.

Such sales may offer personal possessions for sale; no import or stocking of inventory shall be permitted.

Only one sign, not to exceed four square feet in area, shall be permitted to advertise the garage/yard sale. Said sign shall be located on the lot where the sale occurs and shall be removed within six hours of the completion of the sale.

In no case shall any aspect of the garage/yard sale be conducted in the street right-of-way.

The conduct of a garage/yard/moving sale beyond the extent described herein represents a commercial business and shall require appropriate zoning authorization.

§ 155-89 Golf courses and driving ranges.

Within the A, R-1, and R-3 Zones, golf courses and driving ranges are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows. Golf courses must comply with all of the following criteria, while freestanding driving ranges must comply with § 155-89A, B, E and I:

In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.

Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.

(1)

The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform to the following:

(a)

Each crossing shall be perpendicular to the traffic movements;

(b)

Only one street, access drive or driveway may be crossed at each location;

(c)

No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection;

(d)

The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path, five feet from the edge of the roadway. No permanent obstruction over 30 inches high shall be placed within this area;

(e)

Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 155-25C of this chapter;

(f)

The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing;

(g)

Golf path crossings shall be signed, warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes; and

(h)

Golf path crossings of collector or arterial streets shall consist of a tunnel or bridge that is not located at street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.

All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.

Golf courses may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:

(1)

Clubhouse, which may consist of:

(a)

Restaurant, snack bar, lounge, and banquet facilities;

(b)

Locker and rest rooms;

(c)

Pro shop;

(d)

Administrative offices;

(e)

Golf cart and maintenance equipment storage and service facilities;

(f)

Guest lodging for those using the golf course, provided:

[1]

No lodging units have separate exterior means of ingress/egress;

[2]

All lodging units shall be contained within the main clubhouse; and

[3]

Such guest lodging shall have a total occupancy of no more than 20 persons;

(g)

Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;

(h)

Game rooms, including card tables, billiards, ping-pong, and other similar table games; and

(i)

Babysitting rooms and connected fence-enclosed play lots.

(2)

Accessory recreation amenities located outside of a building, including:

(a)

Driving range, provided that no lighting is utilized;

(b)

Practice putting greens;

(c)

Swimming pools;

(d)

Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;

(e)

Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;

(f)

Picnic pavilions, picnic tables, park benches, and barbecue pits;

(g)

Hiking, biking, horseback riding, and cross-country ski trails; and

(h)

Playground equipment and play lot games, including four-square, dodgeball, tetherball, and hopscotch.

(3)

Freestanding maintenance equipment and supply buildings and storage yards.

All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. A water feasibility study shall include the following information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area, with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall demonstrate that proposed lighting will comply with § 155-33 of this chapter.

§ 155-90 Health, fitness, social, fraternal and other private clubs.

Within the VC and HC Zones, health, fitness, social, fraternal and other private clubs are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

Off-street parking shall be provided, as required by the combination of elements comprising the use, including accessory uses in accordance with § 155-37F of this chapter;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line and 25 feet from all other lot lines;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building;

All lighting of outdoor recreation areas shall be designed and arranged to comply with § 155-33 of this chapter;

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant; and

This use shall expressly exclude adult uses, casinos, nightclubs, off-track betting parlors and outdoor shooting ranges.

§ 155-91 Heavy equipment and/or commercial truck sales, service and/or repair facilities.

Within the (I) Zone, heavy equipment and/or commercial truck sales, service and/or repair service facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All service and/or repair activities shall be conducted within a completely enclosed building;

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded, as part of the service or repair operation, shall be permitted. All exterior storage and/or display areas shall be screened from adjoining properties within the R-1, R-2, R-3, MU and VC Zones. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather, dust-free surface;

The demolition or junking of vehicles, boats, machinery, trucks, trailers, mobile homes, and heavy equipment vehicles, and/or parts thereof, on the property is prohibited;

Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within the R-1, R-2, R-3, MU and VC Zones;

All vehicles shall be repaired and removed from the premises promptly, and no vehicle shall remain on the site for more than 45 days unless it is stored within a completely enclosed building; and

The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 155-92 Heavy industrial uses.

Within the (I) Zone, heavy industrial uses, as defined herein, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1)

The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;

(3)

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of §§ 155-33, 155-35 and 155-40 of this chapter; and

(4)

A traffic impact report prepared by a professional traffic engineer, according to § 155-46 of this chapter.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-93 Historic structure conversions.

Within the A, R-1, R-2, R-3, MU and VC Zones, historic structure conversions are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The proposed use will enable the preservation, restoration or rehabilitation of the historic structure, as defined herein. The applicant is required to submit expert evidence that any alterations, improvements, extensions, additions or other modifications to the historic structure will be accomplished in a manner that does not jeopardize the historic status of the site and/or its structures. The applicant shall be required to participate in a meeting with the Pennsylvania Historic and Museum Commission (PHMC) or the Adams County Historical Society (ACHS) according to § 155-150C(2) of this chapter and present the PHMC's/ACHS's written findings as part of the special exception application for this use;

The proposed use is compatible with the surrounding area. In determining compatibility, the Zoning Hearing Board shall consider the likely impacts of the proposed use, including but not limited to traffic, lighting, noise, litter, activity levels, buffer and screen plantings, signs, hours of operation and the number of proposed employees. The Zoning Hearing Board shall also consider any public health and safety impacts that will be generated by the proposed use. All uses must demonstrate adequate means of water supply and sewage disposal. These characteristics of the proposed use will be evaluated within the context of the property, considering the nature and character of the surrounding area, topography, pedestrian and vehicular access, and any other relevant factors or circumstances;

The proposed use is consistent with the purpose of the underlying zone, and it satisfies all applicable requirements of the underlying zone and any specific criteria attached to the proposed use as listed within this Article IV of this chapter. The Zoning Hearing Board shall deny or reject any proposal if, in the Board's judgment, such proposed use is incompatible with the zone and the neighborhood in which the subject property is located. As required, land development approvals must be obtained;

All proposed off-street parking, off-street loading and waste storage containers shall be screened from adjoining roads, residences and properties within the R-1, R-2, R-3, MU and VC Zones; and

Notwithstanding other regulations contained elsewhere within this chapter, no more than one sign shall be permitted, containing up to a maximum of eight square feet and located at least 10 feet from each lot line.

§ 155-94 Home improvement and building supply stores.

Within the VC and HC Zones, home improvement and building supply stores are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Within the (VC) Zone, no outdoor storage and display is permitted. Within the (HC) Zone, all outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties;

Within the (VC) Zone, the subject property shall contain no more than one acre. Within the (HC) Zone, if the subject property contains more than two acres, it shall front along an arterial or collector road;

The retail sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas, as listed above;

Off-street parking shall be provided at the rate of one space for each 200 square feet of interior retail sales area, plus one space for each 500 square feet of exterior retail sales area;

All exterior retail sales areas shall include a dust-free surface and a completely enclosed, minimum six-foot-high fence;

Within the (VC) Zone, no exterior amplified public address system is permitted. Within the (HC) Zone, the applicant shall furnish expert evidence that any exterior amplified public address system has been arranged and designed so as to comply with § 155-35 of this chapter;

The applicant shall furnish expert evidence that any exterior lighting has been arranged and designed so as to comply with § 155-33 of this chapter;

Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building;

For uses upon properties greater than one acre, the applicant shall submit a traffic impact report, as governed by § 155-46 of this chapter; and

The applicant shall submit an acceptable working plan for the collection, recycling and disposal of litter and wastes.

§ 155-95 Home occupations.

Within the A, R-1, R-2, R-3, MU and VC Zones, home occupations, as defined herein, if conducted as an accessory use to a principal residence, are permitted by right, subject to the following requirements:

Up to two nonresident employees shall be permitted;

No more than one home occupation may be located in any dwelling unit;

The home occupation shall not alter the appearance of the building as a dwelling unit;

No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes;

No sales of any goods or merchandise shall occur on the premises that would require customer visitation to the site, other than those goods or merchandise which are produced on the premises;

No manufacturing shall occur on the premises, other than the products of customary hobbies and fabrication of garments by a seamstress or tailor;

No goods shall be displayed so as to be visible from the exterior of the premises;

Home occupations shall be limited to not more than 25% of the floor area of the dwelling unit;

No accessory building or structure shall be utilized as a home occupation, except that an accessory building or structure may be used as a storage area for the home occupation, provided that said area shall be included in the total area permitted for a home occupation use, and further, that no such accessory building or structure shall be accessible to the public for business purposes;

In addition to the required parking spaces for the dwelling unit, one parking space for each nonresident employee and patron on site at one time shall be provided;

Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to eight square feet in display area. Signs located within 100 feet of a road cartway may not be a freestanding sign as defined herein;

The applicant shall submit evidence of all applicable state approvals; and

The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Adams County, which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the home occupation change in the future, such that the materials used or wastes generated change significantly, either in type or amount, the owner of the home occupation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

§ 155-96 Hospitals with related uses.

Within the HC and I Zones, hospitals with related uses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

Minimum lot area: five acres.

The subject property shall have frontage along an arterial or collector road.

Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency vehicles and equipment.

Emergency entrances shall be located on a building wall which faces away from adjoining residential properties or properties within the R-1, R-2, R-3, MU and VC Zones or separated by at least 300 feet from properties within the R-1, R-2, R-3, MU and VC Zones.

The applicant shall submit a traffic impact report, as governed by § 155-46 of this chapter.

The applicant is required to submit written information indicating that adequate provision shall be made for the collection, disposal and recycling of garbage, trash, and medical and hazardous waste.

Where more than one of the uses enumerated in § 155-96H below are proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment.

The following uses are expressly permitted, provided they are designed, located and operated in a manner that supports the overall hospital use and campus:

(1)

Commercial day-care facilities;

(2)

Commercial schools with exclusively health-care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;

(3)

Health and fitness clubs;

(4)

Hospitals and hospices;

(5)

Intermediate care and skilled nursing facilities;

(6)

Medical and dental offices;

(7)

Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient-care facilities;

(8)

Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:

(a)

Administrative offices;

(b)

Automobile parking lots and parking garages;

(c)

Housing for students, employees and their families, in accordance with the standards of the (R-3) Zone;

(d)

Helistops [See § 155-96I(1)];

(e)

Incinerators and autoclaves [See § 155-96I(2)];

(f)

Lodging facilities for patients and their families;

(g)

Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility);

(h)

Retail sales of medical/health-care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings; and

(i)

Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers, or the public regarding health care issues.

Specific requirements for selected accessory uses.

(1)

Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health-care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards.

(2)

Incinerators and autoclaves. Only the processing of waste generated on site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leakproof and vectorproof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.

§ 155-97 Hotels, motels and similar lodging facilities.

Within the (HC) Zone, hotels, motels and similar lodging facilities are permitted by right, subject to the following criteria, and within the (VC) Zone, hotels, motels and similar lodging facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Both public sewer and public water shall be utilized.

Within the (HC) Zone, the following accessory uses may be approved as part of the application:

(1)

Auditoriums.

(2)

Barbershops and beauty shops.

(3)

Gift shops.

(4)

Meeting facilities.

(5)

Recreational uses and swimming pools.

(6)

Saunas, spas or steam rooms.

(7)

Solarium.

(8)

Valet shops.

(9)

Other similar retail sales and personal services.

The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main building.

Within the (HC) Zone, one restaurant, tavern or nightclub shall be permitted on the same lot as a principal hotel, subject to the following:

(1)

The proposed restaurant or tavern shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or take-out services shall be permitted.

(2)

No additional freestanding signs (other than those permitted for the principal hotel use) shall be permitted.

(3)

A nightclub shall be required to obtain special exception approval in accordance with § 155-107 of this chapter.

Individual rooms shall be assigned numbers such that the prefix shall indicate the floor number upon which the room is located (e.g., rooms located on the fourth floor shall begin with the number "4").

§ 155-98 Junkyards.

Within the (I) Zone, junkyards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant must demonstrate compliance with Chapter 88, Junkyards and Junk Dealers, of the Code of the Township of Conewago.

§ 155-99 Kennels.

Within the (A) Zone, kennels are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The following lists minimum required lot sizes and required setbacks based upon the number of animals kept:

Type and Number of Animals Kept	Minimum Required Lot Area (acres)	Minimum Required Setback of Unenclosed Animal Boarding Buildings, Pens, Stalls, Runways, and Running Areas from Nearest Property Line (feet)
1 dog to 50 dogs	5	150
1 animal to a maximum of 200 animals, other than dogs	5	150
1 dog to 50 dogs, plus 1 animal to a maximum of 200 animals, other than dogs	5	150
More than 50 dogs	10	300
More than 51 dogs, plus more than 200 animals, other than dogs	10	300

The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in § 155-35 of this chapter.

The applicant must furnish a plan for the storage and disposal of deceased animals within 24 hours of an animal's death.

The applicant must demonstrate evidence of compliance with the Pennsylvania Dog Law.[1]

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

The applicant must explain measures to be used to ensure that all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions.

§ 155-100 Man-made lakes, dams, ponds, and impoundments.

Within any zone, man-made lakes, dams, ponds, and impoundments are permitted as accessory uses by right, subject to the following:

All lakes, dams, ponds, and impoundments located along and connected to a stream that involve any of the following shall require a permit from the PA DEP, Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

(1)

The lake, dam, pond, or impoundment contains a volume of at least 50 acre-feet.

(2)

The dam reaches a height of 15 feet.

(3)

The lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres.

(4)

Those uses that do not exceed the preceding thresholds are subject to the requirements listed in § 155-110 of this chapter.

All such lakes, dams, ponds, and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation.

All lakes, dams, ponds, and impoundments not contiguous to a stream that have an intake, outlet or both and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP, Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.

All other lakes, dams, ponds, and impoundments require the submission of a statement and seal by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of 1.5 feet above the water surface elevation occurring during the base flood.

All lakes, dams, ponds, and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.

Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

§ 155-101 Manufactured home parks.

Within the (R-1) Zone, manufactured home parks are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

The minimum parcel size for any manufactured home park development shall be five acres.

The maximum permitted density shall be limited to five units per net acre.

Each single manufactured home lot shall contain no less than 4,200 square feet and be at least 40 feet wide.

No manufactured home lot shall be within 25 feet of a park boundary or within 50 feet of an outside street right-of-way. This area shall constitute the manufactured home park boundary area.

No manufactured home park office or service building shall be located within 30 feet of a park boundary or an outside street right-of-way, nor within 30 feet of the right-of-way of an interior park street or the paved edge of a common parking area or common walkway, nor within 30 feet of an adjacent structure or manufactured home.

Each manufactured home shall have a minimum front yard of 20 feet, rear yard of 15 feet, and two sides of 10 feet each. In no case shall the distance between any two manufactured homes be less than 20 feet.

A paved on-site walkway of a minimum width of four feet shall be provided to each manufactured home unit from an adjacent street.

Streets, curbs and sidewalks shall be constructed in accordance with the SLDO.[1]

[1]

Editor's Note: See Chapter 135, Subdivision and Land Development.

All roads in the park shall be private access drives and shall be paved with a bituminous or concrete surface at least 22 feet wide.

Each manufactured home lot shall abut on a park access drive with access to such access drive. Access to all manufactured home lots shall not be from public streets or highways.

Each manufactured home space shall contain no more than one manufactured home, nor more than one family.

No less than 10% of the total manufactured home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required manufactured home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area.

Each manufactured home stand shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal and water and electrical supply.

Protective skirting shall be placed around the area between the stand surface and the floor level of each manufactured home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions.

No recreation vehicle, travel or vacation trailer or other form of temporary living unit shall be placed upon any manufactured home stand or used as a dwelling within the manufactured home park.

Service and accessory buildings.

(1)

Construction. All service and accessory buildings, including management offices, storage areas, laundry buildings, and indoor recreation areas, shall conform to the requirements of any applicable building code, and such shall be maintained so as to prevent deterioration caused by decay, corrosion, termites, or other destructive elements. Attachments to manufactured homes in the form of a shed and lean-to are prohibited;

(2)

Manufactured home park office. Every manufactured home park shall have an office on site for the manufactured home park manager. Every manufactured home park containing 15 or more manufactured home spaces shall have a structure designed and clearly identified for such office;

(3)

Storage space. Occupants of each manufactured home unit shall be provided with a minimum of 150 cubic feet of storage space in an individual storage building placed to the rear of each manufactured home; and

(4)

Use. Service and accessory buildings located in a manufactured home park shall be used only by the occupants of the same and their guests.

Each manufactured home shall be provided with a minimum of two paved parking spaces which shall be located on the manufactured home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served.

Each manufactured home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the manufactured home it is to support. Every manufactured home shall be anchored to the manufactured home pad where it is located, prior to the unit being occupied, and no more than seven days from the arrival of the manufactured home. The anchoring system shall be designed by a registered professional engineer to prevent tilting of the unit and to resist a minimum wind velocity of 90 miles per hour.

All manufactured home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the special exception application.

§ 155-102 Manure storage facilities.

Within the A and Q Zones, manure storage facilities that are accessory to an agricultural or horticultural use are permitted by right, subject to the following requirements:

The applicant shall submit written evidence, from a professional engineer licensed to practice within the Commonwealth of Pennsylvania, that the design and construction of the manure storage facility shall be in accordance with the Pennsylvania Department of Environmental Protection's publication "Manure Management Manual for Environmental Protection," and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection;

All manure storage facilities associated with a concentrated animal operation or a concentrated animal feeding operation (both as defined herein) shall require written evidence of an approval of the applicant's nutrient management plan from the Adams County Conservation District or the Pennsylvania Conservation Commission under Title 25, Chapter 83, Subchapter D, of the Pennsylvania Department of Environmental Protection's Nutrient Management Rules and Regulations;

All manure storage facilities shall be operated and maintained in accordance with the Pennsylvania Department of Environmental Protection's publication "Manure Management Manual for Environmental Protection," and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection; and

Any design changes during construction or subsequent operation will require the issuance of another zoning permit, subject to the applicable regulations of this section.

§ 155-103 Mass transit and/or taxicab terminals.

Within the (I) Zones, mass transit and/or taxicab terminals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall submit a traffic impact report in accordance with § 155-46 of this chapter;

The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces if demand increases. The applicant shall also present credible evidence that the number of oversized off-street parking spaces provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

The subject property shall have a minimum of 200 feet of contiguous road frontage along an arterial road;

The subject property shall be located no closer than 200 feet to any R-1, R-2, R-3, MU and VC Zones and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line;

Access driveways shall be a minimum of 24 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

Trash and recycling receptacles shall be provided amid off-street parking areas, which shall be routinely emptied. Furthermore, an acceptable working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant;

All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted;

The outdoor storage of unlicensed and uninspected vehicles is prohibited;

The applicant shall submit qualified evidence that the proposed use will comply with applicable air quality standards;

The demolition or junking of vehicles is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the standards of § 155-35 of this chapter; and

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 155-104 Medical residential campuses.

Within the R-1 and R-3 Zone, medical residential campuses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old or possess some handicap that can be treated within a setting like the medical residential campus.

The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques.

Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers.

Commercial, medical and recreational uses shall be grouped together and located near the populations being served.

The minimum land area devoted to the campus shall be 10 contiguous acres.

The site shall front on and have access to a collector or arterial road.

All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 50 feet from all lot lines of the campus property.

The maximum permitted overall density is 10 dwelling units per acre. For purposes of this section, any two care beds associated with a medical use shall constitute one dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds. For the purposes of this section, "care beds" shall be defined as any bed where a resident of the medical residential campus may sleep that is not part of a dwelling unit upon which the maximum permitted density is computed. Examples of care beds would include, but not be limited to, those associated with medical and/or nursing care, or those associated with congregate or communal living quarters.

All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property.

The maximum permitted height is 60 feet, provided that, for buildings exceeding 35 feet in height, the minimum setback from each lot line is equal to the height of the structure, and the applicant must demonstrate compliance with § 155-24 of this chapter.

No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.

Each off-street parking lot shall provide at least 20% of the total parking spaces as those designed for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.

Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to, the following:

(1)

Dwelling, nursing homes, and congregate living facilities for the elderly or physically handicapped;

(2)

Medical facilities, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;

(3)

Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area; and

(4)

Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, or visitors.

The applicant must comply with all state requirements at all times.

§ 155-105 Methadone treatment facilities.

Within the (I) Zone, methadone treatment facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

A methadone treatment facility shall not be permitted to be located within 1,000 feet of any other methadone treatment facility.

No methadone treatment facilities shall be located within 1,000 feet of any land within the R-1, R-2, R-3, MU and VC Zones.

No methadone treatment facilities shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

The distance between any two methadone treatment facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any methadone treatment facilities and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use.

§ 155-106 Mini warehouses.

Within the (I) Zones, mini warehouses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

One off-street parking space shall be provided for each 25 storage units, plus one per each 250 square feet of office space, plus two per any residential use associated with an on-site manager.

Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.

Required parking spaces may not be rented as or used for vehicular storage. However, additional external storage area may be provided for the storage of privately owned recreation vehicles, so long as such external storage area is screened from adjoining land within the R-1, R-2, R-3, MU and VC Zones and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.

Except as noted above, all storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.

Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.

No door openings for any mini warehouse storage unit shall be constructed facing any property within the R-1, R-2, R-3, MU and VC Zones.

Mini warehouses shall be used solely for the dead storage of property. The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit the following examples of uses expressly prohibited upon the site:

(1)

Auctions, commercial wholesale or retail sales, or garage sales;

(2)

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

(3)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

(4)

The establishment of a transfer and storage business; and

(5)

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

The mini warehouses will be surrounded by a six-foot- to eight-foot-high fence.

All outdoor lights shall be shielded to direct light and glare only onto the site and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. The applicant shall demonstrate compliance with § 155-33 of this chapter.

§ 155-107 Nightclubs.

Within the (HC) Zone, nightclubs are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

No part of the subject property shall be located within 500 feet of any land within the R-1, R-2, R-3, MU and VC Zones;

The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation;

The applicant shall demonstrate compliance with §§ 155-33 and 155-35 of this chapter;

The applicant shall furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to loitering outside the building; and

An acceptable working plan for the cleanup and recycling of litter shall be furnished and implemented by the applicant.

§ 155-108 Noncommercial keeping of livestock.

Within the A and Q Zones, the noncommercial keeping of livestock, as defined herein, is permitted by right as an accessory use to a principal residence, subject to the following requirements:

Minimum lot area. All uses shall comply with the minimum lot area requirements within each respective zone; however, in no case shall a lot contain less than one acre for Group 1 and 2 animals and two acres for Group 3 animals. Additionally, the following list specifies additional requirements by size of animals kept. The keeping of a combination of animal types (Groups 1, 2 and 3) shall require an animal density equal to the ratio of the number of animals, by type. In no case shall a lot contain more than 50 total animals.

(1)

Group 1. Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre, with a maximum number of 50 animals;

(2)

Group 2. Animals whose average adult weight is between 10 and 65 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals; and

(3)

Group 3. Animals whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one per acre, with a maximum number of 10 animals.

The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock; should one structure be used to house a combination of animal types, the most restrictive setback shall apply:

(1)

Group 1 animals:

(a)

Up to 25 animals: a twenty-five-foot setback.

(b)

Above 25 animals: a fifty-foot setback.

(2)

Group 2 animals:

(a)

Up to two animals: a twenty-five-foot setback.

(b)

Above two animals: a fifty-foot setback.

(3)

Group 3 animals: 50 feet.

All structures used to house noncommercial livestock shall be fitted with a durable floor surface that can withstand the wear associated with the weight and movement of livestock without failure (portable storage shed floors are generally unsuitable for such purposes) and shall be prohibited from placement in the front yard.

All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface and enclosed with fencing to prevent the escape of the animals.

The applicant shall furnish evidence of an effective means to dispose of dead animals according to the regulations of the Pennsylvania Department of Agriculture.

§ 155-109 Nursing, rest or retirement homes.

Within the R-3 and MU Zones, nursing, rest or retirement homes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Within the (R-3) Zone, the minimum lot area shall be two acres;

Within the (R-3) Zone, all parking areas shall be set back a minimum of 25 feet from all property lines. All off-street parking and/or loading areas shall be screened from adjoining lots and streets;

A nursing, rest or retirement home may erect one sign no larger than eight square feet in size, which must be set back 10 feet from all lot lines;

Both public sewer and public water shall be utilized;

At least 10% of required parking spaces shall be designed for handicapped persons; and

No more than 27 care beds per acre shall be permitted.

§ 155-110 Ornamental ponds and wading pools.

Within any zone, ornamental ponds and wading pools are accessory uses permitted by right, subject to the following criteria:

Such uses shall comply with all side and rear yard accessory use setbacks and principal front yard setbacks;

No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons). No such impoundment shall have a length or diameter exceeding 15 feet, nor a maximum depth exceeding 1 1/2 feet;

All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as man-made lakes, dams and impoundments and are subject to the criteria listed in § 155-100 of this chapter;

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects; and

No such pond(s) shall be used for the commercial hatching of fish or other species.

§ 155-111 Outdoor residential athletic courts.

Within any zone, outdoor residential athletic courts are an accessory use to a residence permitted by right, subject to the following criteria:

All courts shall either be set back a sufficient distance from any lot line to prevent the trespass of balls or other play objects onto adjoining properties or be equipped with fences or other barriers that will prevent such trespass; and

Any lighting fixtures shall comply with § 155-33 of this chapter.

§ 155-112 Outdoor shooting ranges.

Within the (A) Zone, outdoor shooting ranges are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall submit a detailed written description of the methods used to ensure that outdoor shooting range operations:

(1)

Do not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2)

Do not substantially damage the health, safety or welfare of the Township or its residents and property owners;

(3)

Comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm;

(4)

Store ammunition only in an approved secure vault;

(5)

Limit the number of shooters to the number of firing points or stations identified on the development plan;

(6)

Require all shooters to satisfactorily complete an orientation safety program given in accordance with the Pennsylvania Game Commission or show a valid hunting permit or gun permit before they are allowed to discharge firearms without supervision;

(7)

Prohibit the consumption of alcoholic beverages within the area approved as the shooting range; and

(8)

Limit firing to the hours between one hour after official sunrise and one hour preceding official sunset, unless sufficient lighting is used in accordance with § 155-33 of this chapter, in which case all shooting shall cease by 9:00 p.m.

A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.

The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall red letters on a white background shall be posted at a maximum of one-hundred-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"

Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan.

All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.

All shooting range facilities, including buildings, parking, firing range, and safety fan, shall be set back a minimum of 100 feet from the property line and street right-of-way.

The applicant shall present credible evidence that the sounds of shooting comply with § 155-35 of this chapter.

Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats.

No part of a shooting range property shall be located within 1/4 mile of any land within R-1, R-2, R-3, MU and VC Zones.

§ 155-113 Parking and/or storage of recreational vehicles, personal cargo trailers and PODS® storage containers.

[Amended 7-16-2012 by Ord. No. 2012-K]

Within the A, R-1, R-2, R-3, Q, MV and VC Zones, the exterior storage of recreational vehicles, personal cargo trailers and PODS® storage containers is a residential accessory use permitted by right, only according to the following requirements:

The temporary parking of one recreational vehicle or personal cargo trailer for periods not exceeding 72 hours during any seven-day period is permitted in a driveway or atop any impervious surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines.

The storage of one recreational vehicle or personal cargo trailer shall be permitted per lot behind the building setback line, so long as the recreational vehicle or personal cargo trailer is set back no less than five feet from any adjoining lot line. Any area used for the storage of a recreational vehicle, travel trailer, boat or personal cargo trailer shall be maintained so as to keep vegetation properly trimmed, debris or litter disposed of regularly and some means to prevent the leakage of fuels and/or lubricants into the ground. All vehicles shall maintain required licensure, with license plates visible from the street, or require the submission of written proof of road worthiness upon request of the Zoning Officer.

The placement of one PODS® storage container, as defined herein, shall be permitted, provided such container is located at least 10 feet from any front property line, at least five feet from each side and rear property line and does not interfere with any clear sight triangle requirements of this chapter or the SLDO.[1] Prior to the placement of the PODS® storage container upon the site, the applicant shall be required to obtain a zoning permit. Such permit shall be issued for a period not to exceed an initial period of 14 days, after which such PODS® storage container must be removed. However, the applicant may request one additional fourteen-day extension, which shall be granted upon demonstration of good cause to the Zoning Officer.

[1]

Editor's Note: See Chapter 135, Subdivision and Land Development.

§ 155-114 Passenger motor vehicle and recreational vehicle sales, service and repair facilities.

Within the VC, HC and I Zones, passenger motor vehicle and recreational vehicle sales, service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All service and/or repair activities shall be conducted within a completely enclosed building;

Within the (VC) Zone, drive-through service bays shall be prohibited. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted;

All exterior vehicle storage areas shall be screened from adjoining roads and any adjoining land within an R-1, R-2, R-3, MU and VC Zone;

The storage of vehicles to be serviced on the property without current registration is prohibited;

Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within the R-1, R-2, R-3, MU and VC Zones;

All vehicles shall be repaired and removed from the premises promptly, and no vehicle shall remain on the site for more than 45 days unless it is stored within a completely enclosed building;

The demolition or junking of motor vehicles is prohibited; and

The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 155-115 Principal waste handling, recycling, processing, transfer and disposal facilities.

Within the (I) Zone, principal waste handling, recycling, processing, transfer and disposal facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any adjoining land within the R-1, R-2, R-3, MU and VC Zones.

Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by a minimum eight-foot-high fence, with no openings greater than two inches in any direction.

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

The use shall be screened from all adjoining land within the R-1, R-2, R-3, MU and VC Zones.

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads.

All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

Litter control shall be exercised to prevent the scattering of wind-borne debris, and an acceptable working plan for the cleanup of litter shall be submitted to the Township.

The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.

Any waste that is to be recycled shall be stored in leakproof and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.

All storage of waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation, but in no event for more than 72 hours.

A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Township.

Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required, and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.

All structures shall be set back at least a distance equal to their height, and all uses must demonstrate compliance with § 155-24 of this chapter.

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area, with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall provide a qualified traffic impact report, as described in § 155-46 of this chapter.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site and potential hazards regarding firefighting of waste materials upon the site.

§ 155-116 Processing, packaging, bottling, storage and/or wholesaling of food products.

Within the (I-1) Zone, processing, packaging, bottling, storage and/or wholesaling of food products, excluding pickling processes, rendering or slaughtering operations and sugar refineries, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1)

The nature of the on-site processing operations, the materials used in the operation, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the operation, the total number of employees on each shift, and an overall needed site size;

(3)

(4)

A traffic impact report prepared by a professional traffic engineer, according to § 155-46 of this chapter.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.

Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.

§ 155-117 Mining, quarrying and related processing facilities.

Within the (Q) Zone, mining, quarrying and related processing facilities are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

General. Operations:

(1)

Shall not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2)

Shall not adversely affect any public or private water supply source;

(3)

Shall not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township;

(4)

Shall not create any significant damage to the health, safety or welfare of the Township and its residents and property owners;

(5)

Shall not result in the land area subject to mining being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the mining operation; and

(6)

Must demonstrate compliance with all applicable state regulations at all times.

Site plan requirements. As a part of each application, the applicant shall submit those materials required by Section 7(b) of the Noncoal Surface Mining Conservation and Reclamation Act (Act No. 1984-219),[1] which shall include, at a minimum, an accurately surveyed site plan, on a scale no less than 1:2,400 (one inch equals 200 feet), showing the location of the subject property or properties to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor, with assistance from experts in related fields, and shall include the following:

(1)

The boundaries of the proposed land affected, together with the drainage area above and below the subject property;

(2)

The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the subject property;

(3)

The location of all buildings within 1,000 feet of the outer perimeter of the subject property and the names and addresses of the owners and present occupants;

(4)

The purpose for which each building is used; and

(5)

The name of the owner of the subject property and the names of adjacent landowners, the municipality, and the county.

[1]

Editor's Note: See 52 P.S. § 3307(b).

Minimum lot area: 50 acres.

Fencing.

(1)

Operations that have a highwall, as defined herein, 15 feet or higher shall be required to enclose the actual area of mining with a minimum eight-foot-high chain-link fence and like latching gates. Operations with no highwalls or highwalls of less than 15 feet high shall be required to enclose the area of mining with a minimum forty-seven-inch-high, minimum eleven-gauge woven wire fence that has openings no larger than six inches in any direction and has posts at intervals of no more than 10 feet. All woven wire fences shall be equipped with latching minimum six bar tube or panel gates at vehicular access points.

(2)

All gates shall be latched at times when the site is unattended. The Township will accept departures from the above-described fence/gate specifications only if the applicant can demonstrate that the proposed fence/gate will achieve an equal or higher level of protection.

(3)

Along all fences, the applicant will be required to post and maintain "no trespassing" and/or "danger" signs at intervals of no less than one sign per each 100 lineal feet of fence/gate. Such signs shall be no larger than two square feet per sign and shall not be posted higher than five feet above grade. All fences/gates shall be maintained in good condition and shall not be allowed to become deteriorated or unsightly.

(4)

There shall be no advertising placed upon the fencing/gate, except as may be permitted in § 155-45 of this chapter.

Setback. The following table identifies minimum setbacks imposed upon specific features of the mining and/or processing uses from adjoining and/or nearby uses:

Mining-Related Feature	Any Occupied Building Not Part of Mining and/or Processing Site (feet)	R-1, R-2, R-3, MU and VC Zones (feet)	Adjoining Road (feet)	Public/ Nonprofit Park (feet)	Cemetery or Stream Bank (feet)	Adjoining Property (feet)
Stockpiles or spoil pipes	300	1,000	100	300	100	100
Mineral processing equipment (e.g., crushers, sorters, conveyors, dryers, etc.)	300	1,000	100	300	100	100
Open mine pit and highwall	300	1,000	100	300	100	100
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities	300	1,000	100	300	100	100
Other operational equipment, structures and/or improvements	300	1,000	100	300	100	100

Access. Vehicular access shall be provided in accordance with § 155-26 of this chapter. All access drives serving the site shall have a paved, minimum thirty-five-foot-wide cartway for a distance of at least 100 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive shall be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

Reclamation. The applicant shall demonstrate compliance with Section 7(c) of Pennsylvania Act No. 1984-219,[2] as may be amended. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. A planting plan shall also be required for areas of the reclaimed site that are not to be under water. Such plan shall demonstrate the covering of the site with sufficient arable soil that can stabilize the site with a vegetative ground cover that prevents excessive soil erosion and will support a mix of indigenous vegetation. Finally, the applicant shall provide written notification to the Township, within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.

[2]

Editor's Note: See 52 P.S. § 3307(c).

Buffering and screening. A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. All uses shall be screened from adjoining roads and properties. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the subject property and placed so as to maximize the berm's ability to absorb and/or block views of the noise, dust, smoke, etc., generated by the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. Along any adjoining property line and road shall be located a minimum ten-foot-wide landscape screen. Such landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of deciduous and evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen trees and shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be located outside of the fence required by § 155-117D of this chapter and must be permanently maintained.

Operations progress report. Within 90 days after commencement of mining operations, and during the first 30 days of each calendar year thereafter, the operator shall file an operations progress report with the Zoning Officer, setting forth all of the following:

(1)

The name or number of the operation;

(2)

The location of the operation with reference to the nearest public road;

(3)

A description of the subject property or properties, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.;

(4)

The name and address of the landowner or his duly authorized representative;

(5)

An annual report of the type and quantity of mineral produced;

(6)

The current status of the reclamation work performed in pursuance of the approved reclamation plan;

(7)

A maintenance report for the site that verifies that all required fencing, signage, and berming has been specifically inspected for needed repairs and/or maintenance, and that such needed repairs and/or maintenance has been performed; and

(8)

Verification that the proposed use continues to comply with all applicable state and Township regulations and any conditions imposed at the time of approval. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.

Water restoration. In accordance with Section 11(g) of the Pennsylvania Noncoal Surface Mining Conservation and Reclamation Act,[3] any mining/processing operation that affects a public or private water supply due to contamination, interruption, or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the affected supply.

[3]

Editor's Note: See 52 P.S. § 3311(g).

Maximum permitted height. No piling of spoiled materials and/or waste materials shall exceed a height of 50 feet above the natural unexcavated grade. Such pilings must be periodically and sufficiently covered with earth and the seed of a year-round ground cover in order to achieve a stable condition. The applicant must demonstrate compliance with § 155-24 of this chapter.

§ 155-118 Recycling facilities for paper, plastic, glass and metal products.

Within the (I) Zone, recycling of paper, glass and metal products is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All operations, including collection, shall be conducted within a completely enclosed building.

There shall be no outdoor storage of materials and/or wastes processed, used or generated by the operation.

The applicant shall explain the scope of operation and offer expert testimony regarding the measures used to mitigate problems associated with fumes and dust.

The applicant shall demonstrate compliance with §§ 155-33 and 155-35 of this chapter.

The applicant shall be required to submit a written working plan to assure regular maintenance of the site to immediately collect stray debris and litter.

§ 155-119 Residential swimming pools.

Within any zone, a swimming pool is an accessory use to a residence permitted by right, subject to the following criteria:

Swimming pools and any related improvements (e.g., sidewalks, decking, pumps, equipment, etc.) shall not be located within the front yard and shall be set back at least 10 feet from any side or rear lot lines and any utility, stormwater or access easements or rights-of-way.

Except as noted in § 155-119E of this chapter, all pools shall be entirely enclosed with a continuous, rigid fence or wall that shows no evidence of flexing when climbed by an adult. Such fence shall be erected before the pool is filled with water.

The required fence shall have a minimum height of four feet. No openings shall be permitted between the various fence components that would allow the passage of a four-inch-diameter object through such opening. No openings shall be permitted between the fence and the ground that would allow the passage of a two-inch-diameter object through such opening.

The exterior side of the required fence must rise approximately perpendicular from the ground and shall not contain steps or any protrusions or recessions which could aid in the climbing of the fence.

Where the swimming pool is located above ground, the sides of the pool may be considered as part of the fence required to enclose the pool, provided that the pool walls are at least four feet in height and have a retractable ladder.

The required fence shall be equipped with a self-latching gate, which shall be locked or secured at all times when the swimming pool is unattended.

All pools must use operable filtration and an effective antibacterial agent (e.g., chlorine, bromine, ozone, etc.).

All pools must adhere to the strictest minimum requirements of the UCC and the Township Building Code,[1] both of which may be amended.

[1]

Editor's Note: See Ch. 56, Building Construction.

§ 155-120 Roadside stands.

Within the (A) Zone, roadside stands, as defined herein, for the seasonal sale of agricultural products are permitted by right as an accessory use to an agricultural or horticultural use, subject to the following requirements:

Roadside stands shall not exceed 300 square feet of total display area;

Roadside stands must be located at least 20 feet from the right-of-way line and must have at least three off-street parking spaces;

A maximum of two signs will be permitted, each of which shall not exceed eight square feet in total area, nor exceed a maximum height of 15 feet. Signs shall only be displayed during seasons when the roadside stand operates;

Any structure must be located at least 50 feet from any side or rear property line;

No structures housing a roadside stand or accompanying parking area may be located within 100 feet of any intersecting street rights-of-way; and

No more than one roadside stand per property shall be permitted.

§ 155-121 Routine repair of personal motor vehicles.

Within any zone, the routine repair and servicing of personal motor vehicles owned or leased by the person performing such services within a completely enclosed building is an accessory use to a residence permitted by right, provided that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations; and

Within the A, R-1, R-2, R-3, MU and Q Zones, the routine maintenance, repair and servicing of personal motor vehicles owned or leased by the person performing such services outside of a completely enclosed building is an accessory use to a residence permitted by right, subject to the following criteria:

(1)

All vehicles shall be maintained with proper licensure.

(2)

Work shall be limited to the following:

(a)

Servicing and replacement of spark plugs, batteries, distributors, and distributor parts;

(b)

Repair and replacement of tires and wheels, excluding recapping or regrooving;

(c)

Replacement of water hoses, fan belts, brake fluids, transmission fluid, oil filters, air filters, oil, grease, light bulbs, fuses, floor mats and carpeting, seat covers, seat belts, windshield wipers, mirrors, and engine coolants;

(d)

Repair and replacement of audio systems, amplifiers, and speakers;

(e)

Cleaning and flushing of radiators, only when flushed into a watertight container;

(f)

Repair and replacement of fuel pump, oil pump and line repairs;

(g)

Minor servicing and adjustment of carburetors and injectors;

(h)

Minor motor adjustments not involving the removal of the motor head or crankcase, nor the prolonged revving of the motor;

(i)

Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating; and

(j)

Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants.

(3)

The disposal of all by-products or waste fuels, lubricants, chemicals, and other products shall be accomplished in a manner that complies with state and federal regulations.

(4)

No vehicle shall be stored in a jacked-up position or on blocks.

§ 155-122 Rural occupations.

Within the (A) Zone, rural occupations, as defined herein, are permitted by right as an accessory use to a single-family detached dwelling unit, subject to the following requirements:

Only one rural occupation may be conducted on the same property as the owner's principal residence and shall not exceed the area of the principal residence's ground floor or 1,000 square feet, whichever is the lesser.

A rural occupation shall only be conducted within one completely enclosed outbuilding that satisfies at least one of the following:

(1)

The building will remain the same size and in the same location as it existed on the effective date of this chapter; or

(2)

The building is limited to one story in height or 15 feet, whichever is lesser, is no larger than the square footage that comprises the principal residence's main grade level, is located in the rear yard of the principal residence, and is set back at least 50 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings.

In no case shall any new rural occupation building be constructed before the owner resides on the subject property. In addition, rural occupations may only be conducted so long as the sole owner of the business resides on the site.

In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation and/or other accessory uses.

All off-street parking and loading spaces shall be screened from adjoining roads and properties.

No outdoor storage or display shall be permitted, except that one commercial truck of not more than 11,000 pounds gross vehicle weight may be parked behind the principal residence, so long as it is screened from adjoining roads and properties.

One nonilluminated sign not exceeding eight square feet shall be permitted and must be set back at least 10 feet from all property lines.

No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to or from the site. The applicant shall furnish a written and sworn statement regarding the expected numbers of vehicle trips associated with the proposed use.

Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street that serves the principal residence. No additional roadway connections shall be permitted.

Only residents of the site may be employed in the rural occupation. For the purposes of this section, "employees" shall be defined as those involved in the on-site conduct of the rural occupation.

Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. No rural occupation shall be conducted on Sundays.

No manufacturing, mechanical, or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at or beyond the line of the nearest residential lot. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted, except for wastewater treatment.

Any area devoted to retail sales display shall be limited to 20% of the overall size of the rural occupation.

The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized, and further, that such means is part of the same system in use for the principal residence.

The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Adams County, which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the rural occupation change in the future, such that the materials used or wastes generated change significantly, either in type or amount, the owner of the rural occupation shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

§ 155-123 Sales, storage and/or wholesaling of certain items for local delivery.

Within the (I) Zone, the sales, storage and/or wholesaling for the local delivery of home and auto-related fuels, nursery and garden materials and stock, ready-mix concrete, contractor supplies and plumbing, heating, air-conditioning, electrical, and other structural components of buildings is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties within the R-1, R-2, R-3, MU and VC Zones.

If the subject property contains more than two acres, it shall front along an arterial or collector road.

Off-street parking shall be provided at the rate of one space for each 200 square feet of interior retail sales area, plus one space for each 500 square feet of exterior retail sales area.

All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence.

The applicant shall furnish expert evidence that any exterior amplified public address system has been arranged and designed so as to comply with § 155-35 of this chapter.

The applicant shall furnish expert evidence that any exterior lighting has been arranged and designed so as to comply with § 155-33 of this chapter.

The applicant shall submit a traffic impact report, as governed by § 155-46 of this chapter.

The applicant shall submit an acceptable working plan for the collection, recycling and disposal of litter and wastes.

No storage of bulk fuels shall be located within 1,000 feet of any property within the R-1, R-2, R-3, MU and VC Zones and/or any property that contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-124 Satellite dish antennas.

Within any zone, roof- or window-mounted satellite dish antennas up to one meter (39.4 inches) in diameter are permitted by right. Residential properties shall contain no more than two such devices.

Within the A, R-1, R-2, R-3, MU and VC Zones, one ground-mounted satellite dish antenna up to one meter (39.4 inches) in diameter is permitted by right as an accessory use to a single-family dwelling unit, subject to the following requirements:

(1)

All accessory residential installations must comply with all residential accessory use requirements specified within the zone;

(2)

All installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties;

(3)

All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna. Required screening shall consist of evergreen plantings that provide eighty-percent visual blockage of the area between ground level and a height of six feet along the antenna's nonreception window axes. Required low-level ornamental landscaping shall consist of vegetative materials that are planted with sufficient density to form an enclosure with the required screening around the base of the antenna. Ornamental landscaping height will be determined by the installation's required elevation alignments. The above diagrams present illustrative examples of a required screening and landscaping treatment. All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any property line;

(4)

All installations shall be securely anchored to the ground to prevent detachment during foul weather conditions. The applicant shall furnish evidence (statements and/or drawings) indicating the foundation method to be employed;

(5)

No transmission of video format data shall be permitted; and

(6)

The allowance of a satellite dish antenna shall in no way place any liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Township.

In any A, R-1, R-2, R-3, MU and VC Zone, roof- or window-mounted satellite dish antennas larger than one meter (39.4 inches), up to 12 feet in diameter, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

(1)

The applicant shall demonstrate that compliance with the applicable accessory yard, setback and height requirements would cause obstruction of a ground-mounted satellite dish antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control;

(2)

All applications must include certification by a commonwealth-registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished;

(3)

No transmission of video format data shall be permitted;

(4)

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height from all property lines; and

(5)

Any granting of a special exception for a satellite dish antenna shall in no way place any liability upon the Township or its Zoning Hearing Board for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Township.

In any HC, I and Q Zone, satellite dish antennas are permitted by right, subject to the following criteria:

(1)

All installations shall comply with the area, height, bulk and setback standards imposed upon principal uses;

(2)

(3)

All ground-mounted installations shall be screened from any adjoining properties. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the adjoining property;

(4)

Those ground-mounted installations used to transmit video format data shall be completely enclosed by an eight-foot-high fence. Such fence shall include signs warning of dangerous radiation levels, must be screened from adjoining properties, and must be locked at all times. This screening requirement can be waived if the fence is set back a distance at least five times the diameter of the satellite dish antenna from the adjoining property; and

(5)

The allowance of a satellite dish antenna(s) shall in no way place any liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Township.

§ 155-125 Sawmills.

Within the (I) Zone, sawmills are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

No material shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any land within an R-1, R-2, R-3, MU and VC Zone.

All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads.

Litter control shall be exercised to prevent the scattering of wind-borne debris, and an acceptable working plan for the cleanup of litter shall be submitted.

The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.

The applicant must demonstrate compliance with § 155-35 of this chapter.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-126 Septage and compost processing.

Within the (A) Zone, septage and compost processing is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leakproof and vectorproof.

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

The use shall be screened from all roads and adjoining properties.

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.

All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

The unloading, processing and transfer of septage and compost shall be continuously supervised by a qualified facility operator.

Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations.

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area, with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip.

The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.

Any structure used for the storage, loading, processing and/or packaging of compost shall be set back at least 300 feet from all property lines and 500 feet from any land within the R-1, R-2, R-3, MU and VC Zones. In addition, any ventilation outlets must be oriented away from any land within the R-1, R-2, R-3, MU and VC Zones.

§ 155-127 Shopping centers.

Within the VC and HC Zones, shopping centers are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The initial approval of the shopping center shall require special exception review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites, the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the special exception application. Any subsequent substitution of uses within the shopping center shall be permitted by right so long as the proposed use is permitted and does not require amendment of the site plan approved by the original special exception. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require special exception approval under § 155-174C of this chapter.

Shopping centers shall front on an arterial road. Drive-through lanes for any use contained within the shopping center shall connect only to internal access drives and parking lots. Access drives serving all shopping centers shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street.

In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with any nearby areas, even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.

Unless deferred by the Zoning Hearing Board, all shopping centers must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.

Shopping centers with more than 200 parking spaces must integrate a designated location for a minimum of 20 park-and-ride off-street parking spaces that is readily identifiable and conveniently accessible to passing motorists. Such park-and-ride spaces can include those spaces required to serve the shopping center and shall be designed, signed, lighted and maintained in accordance with § 155-37 of this chapter.

The applicant's site plan shall clearly depict the proposed locations and dimensions of all on-site circulation improvements which must demonstrate safe vehicular and pedestrian movements both upon and abutting the subject property.

A traffic impact report shall be submitted by the applicant, in accordance with § 155-46 of this chapter.

Both public sewer and public water utilities shall be required.

The following tabulates required off-street parking and loading and interior landscaping standards for shopping centers:

	Use	Minimum Required Off-Street Parking Spaces Per 1,000 Square Feet of Gross Floor Area	Minimum Required Interior Landscaping as Described in § 135-32S of the SLDO	Minimum Required Off-Street Loading Spaces
	Shopping center	4.5*	5%	2, plus 1 per 50,000 square feet, or fraction thereof, of gross floor area over 20,000 square feet
	Freestanding restaurants that are integrated within the shopping center	4.5*	5%	1 for uses with at least 2,000 square feet, plus 1 per 10,000 square feet, or fraction thereof, of gross floor area over 10,000 square feet

	NOTES:
	*	Shopping centers within the VC Zone that provide for fully integrated sidewalks that connect to the adjoining streetscape and have uses that can be safely and conveniently accessed by pedestrians need only provide off-street parking spaces at a rate of 3.5 per 1,000 square feet of gross floor area.

The proposed shopping center design shall comply with the applicable regulations contained within the following table:

Shopping Center Design Requirements
Design Standard		HC Zone		VC Zone
Required lot area		Minimum 5 acres		Minimum 1 acre
Minimum required lot width		250 feet at the building setback line and street line		200 feet at the building setback line and street line
Minimum required lot depth		250 feet		N/A
Required minimum yard setbacks		The following lists required setbacks between features of the shopping center and perimeter lot lines. No specific setbacks are required between buildings located upon the shopping center site, except those that may be required by the ISO (as defined herein) or by the Pennsylvania Uniform Construction Code.[1]
	Front, as measured from the street right-of-way	50 feet for buildings and structures (except permitted signs); 25 feet for off-street parking; no off-street loading, nor dumpsters, are permitted within the front yard		10 feet for buildings and structures (except permitted signs) and for off-street parking; no off-street loading, nor dumpsters, are permitted within the front yard
	One side	50 feet for buildings and structures (except permitted signs); 25 feet for off-street parking and loading spaces and dumpsters		10 feet for buildings and structures (except permitted signs), off-street parking and loading spaces and dumpsters
	Both sides	100 feet for buildings and structures (except permitted signs); 50 feet for off-street parking and loading spaces and dumpsters		20 feet for buildings and structures (except permitted signs), off-street parking and loading spaces and dumpsters
	Rear	50 feet for all buildings, structures, off-street parking and loading spaces and dumpsters		10 feet for all buildings, structures, off-street parking and loading spaces and dumpsters
Minimum required setback from residential zone, as measured to the closest point of area devoted to the use		1.	500 feet for uses with more than 60,000 square feet of gross floor area that operate between the hours of 10:00 p.m. and 6:00 a.m.	1.	200 feet for uses that operate between the hours of 10:00 p.m. and 6:00 a.m.
		2.	200 feet for uses with less than 60,000 square feet of gross floor area that operate between the hours of 10:00 p.m. and 6:00 a.m.	2.	20 feet for uses that do not operate between the hours of 10:00 p.m. and 6:00 a.m.
		3.	100 feet for uses that do not operate between the hours of 10:00 p.m. and 6:00 a.m.
Maximum permitted impervious lot coverage		65%, subject to increase under § 155-21S of this chapter		70%, subject to increase under § 155-20D of this chapter
Maximum permitted building height		See § 155-21G		See § 155-20F

[1]

Editor's Note: See Ch. 56, Art. IV, Uniform Construction Code.

The applicant shall submit written expert evidence that demonstrates compliance with the lighting requirements of § 155-33 of this chapter.

The applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of § 155-44 of this chapter. Such plans shall include but not be limited to details depicting:

(1)

Landscape buffers and screens used to protect adjoining residential zones and residential uses;

(2)

Screening used to prevent the spillage of headlights onto adjoining properties;

(3)

Typical interior landscape island treatments;

(4)

Typical landscape strip treatments; and

(5)

Landscape treatments at the shopping center access drives' intersections with streets.

The applicant shall submit a sign plan that demonstrates compliance with Table 3[2] of § 155-45 of this chapter regulating planned center signs. Once approved as part of the special exception review, any subsequent substitution of a sign that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs shall require special exception approval.

[2]

Editor's Note: Said table is included at the end of this chapter.

§ 155-128 Slaughtering, processing, rendering and packaging of food products and by-products.

Within the (I) Zone, slaughtering, processing, rendering and packaging of food products and their by-products are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Minimum lot area: five acres;

Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;

All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;

All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;

The applicant shall furnish an acceptable written working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines and which shall be continuously implemented;

The applicant shall furnish an acceptable written working plan for the regular cleanup and disposal of all animal wastes, so as not to be objectionable at the site's property line;

The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;

The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels. The applicant must demonstrate those methods that will be used to comply with § 155-35 of this chapter;

The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;

No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within an R-1, R-2, R-3, MU and VC Zone;

All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip;

Both public sewer and public water shall be utilized. Sewer lines and waterlines shall not meet within or beneath the plant and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than waterlines;

Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;

All unusable animal by-products shall be stored indoors in leakproof and vectorproof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;

The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations;

The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, in accordance with § 155-46 of this chapter; and

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-128.1 Principal solar energy systems.

[Added 10-21-2024 by Ord. No. 2024-D]

Within the (I) Industrial Zone, principal solar energy systems are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-185B, and specifically as follows:

Solar energy systems constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing solar energy system, whether or not existing prior to the effective date of this section that materially alters the solar energy system shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.

A land development plan submission and approval in accordance with the Conewago Township Subdivision and Land Development Ordinance[1] is required for all solar energy systems that are not considered accessory solar energy systems.

[1]

Editor's Note: See Ch. 135, Subdivision and Land Development.

The solar energy system layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations.

The applicant for a building permit and land use permit shall submit certificates of design compliance obtained by the applicable equipment manufacturers listed above.

The solar energy system shall be constructed to comply with the PA Uniform Construction Code Act 455 of 1999 as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the Uniform Construction Code except where an applicable standard has been approved by the Department of Labor and Industry under its regulatory authority, and as enforced by Conewago Township and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

Upon completion of installation, the solar energy system shall be maintained in good working order in accordance with standards of the Conewago Township codes under which the solar energy system was constructed. Failure of the owner to maintain the solar energy system in good working order is grounds for appropriate enforcement actions by Conewago Township in accordance with applicable ordinances.

All on-site power transmission and collection lines shall be placed underground to the maximum extent feasible.

Glare.

(1)

All solar energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways. Exterior surfaces shall have a non-reflective finish.

(2)

The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

No portion of the solar energy system shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.

No trees or other landscaping otherwise required by Conewago Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a solar energy system.

Prior to the issuance of a zoning or land use permit, solar energy system applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

(1)

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

(2)

The right to prohibit the development on or growth of any trees or vegetation on such property.

This acknowledgement shall be submitted to Conewago Township and placed on any required subdivision and/or land development plans.

Other provisions of this chapter and the Conewago Township Subdivision and Land Development Ordinance notwithstanding, for a solar energy system permitted under this chapter, the following regulations shall apply:

(1)

Minimum setback requirements shall be:

Front: 50 feet.

Side: 25 feet.

Rear: 25 feet.

There shall be no requirement for a minimum amount of open space.

(3)

All solar equipment/infrastructure that generates noise, including, but not limited to, inverters, transformers, etc., shall be located a minimum of 200 feet from all property lines and at least 400 feet from any residence.

Solar easements.

(1)

Where a subdivision or land development proposes a solar energy system, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.

(2)

Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:

(a)

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;

(b)

Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;

(c)

Enumerate terms and conditions, if any, under which the easement may be revised or terminated;

(d)

Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.

(3)

If necessary, a solar energy system owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).

Stormwater requirements.

(1)

Stormwater management for the solar energy system shall be in accordance with the Conewago Township Stormwater Management Ordinance[2] and the Pennsylvania Department of Environmental Protection (DEP) FAQ Document entitled "Chapter 102 Permitting for Solar Panel Farms", dated January 2, 2019, as applicable and as most recently revised. In the event that criteria within the PA DEP FAQ document discussed above cannot be fully met, a detailed stormwater analysis including post construction stormwater management (PCSM) and BMP requirements will be required.

[2]

Editor's Note: See Ch. 76, Stormwater Management.

(2)

The surface area of the arrays of a solar energy system, regardless of the mounted angle of any solar panels, shall be considered impervious from a zoning perspective and calculated in the lot coverage of the lot on which the system is located.

(3)

The applicant shall submit a stormwater management plan that demonstrates compliance with Conewago Township stormwater management regulations.

(4)

The individual solar modules within an array are arranged in a fashion that:

(a)

Allows the passage of runoff between each module, minimizing the creation of concentrated runoff.

(b)

Individual solar panels shall not exceed one meter in width to allow for adequate vegetative cover to be established and maintained.

Agrivoltaics are permitted when:

(1)

Only shade-tolerant crops are permitted.

(2)

Plowing is prohibited, no-till application is required.

(3)

Cutting or mowing is limited to a height of no less than four inches.

(4)

Application of chemical fertilization or herbicides/pesticides is limited to the agronomic needs of the crop(s).

A single identification sign of a maximum of six square feet per sign side shall be permitted at each PSES site.

Plan requirements. A report and plan highlighting the existing conditions of the property shall be included in the submission to Conewago Township. The information should highlight existing vegetation, topography, and other existing natural features.

(1)

Ground mounted PSES require submission and approval of a land development plan in accordance with the Conewago Township Subdivision and Land Development Ordinance if the solar project is considered a principal use of the property.

(2)

Roof mounted PSES do not require submission of a land development plan.

Permit requirements.

(1)

PSES shall comply with the Conewago Township Subdivision and Land Development Ordinance requirements through submission of a land development plan. The installation of PSES shall be in compliance with all applicable permit requirements, codes and regulations.

(2)

The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

Decommissioning.

(1)

The developer of a solar energy system shall enter into a decommissioning agreement, with such agreement being in a form acceptable to the Conewago Township Solicitor.

(2)

The solar energy system owner shall, at the end of each calendar year or fiscal year, provide information concerning the amount of energy generated by the solar energy system in the last 12 months.

(3)

The solar energy system owner is required to notify Conewago Township immediately upon cessation or abandonment of the operation. The solar energy system shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of six continuous months.

(4)

The solar energy system owner shall then have 12 months from abandonment in which to completely dismantle and remove the solar energy system including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. The decommissioning shall be conducted in a manner so that any agricultural ground upon which the solar energy system is located is again tillable and suitable for agricultural use, unless the landowner requests in writing, that the access roads or other land surface areas not be restored. All posts, foundations, framing, fencing, and all structural components of the solar energy system shall be fully removed, as well as all electrical and communications cabling that is less than 42" in depth. If the owner fails to dismantle and/or remove the solar energy system within the established timeframes, Conewago Township may complete the decommissioning at the owner's expense.

(5)

At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to Conewago Township to secure its obligations under this section. Initial performance security for decommission shall be $100,000 per megawatt proposed to be generated. Performance security may be in the form of an escrow account with a federal or Commonwealth of Pennsylvania chartered lending institution or held by the Township, an irrevocable letter of credit issued by a federal or Commonwealth of Pennsylvania chartered lending institution, or a bond issued by a bonding company authorized to conduct such business in the Commonwealth of Pennsylvania. The approved amount and form of performance security shall be submitted to the Township no later than the submission of the application for a building or electric permit (where required and whichever is submitted first) or 30 calendar days prior to the start of development of the lot for the use, whichever occurs first.

(a)

The PSES developer shall, at the time of application, provide Conewago Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities + administrative factor of 25% - salvage and resale credit of 80% = the decommissioning cost estimate.

(b)

On every 5th anniversary of the date of providing the decommissioning financial security the PSES owner with the help of a Pennsylvania licensed engineer shall provide an updated decommission cost estimate, utilized the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the PSES owner shall remit the increased financial security to Conewago Township within 30 days of the approval of the updated decommissioning security estimate by Conewago Township.

(c)

Decommissioning security estimates shall be subject to review and approval by Conewago Township and the PSES developer/owner shall be responsible for administrative, legal, and engineering costs incurred by Conewago Township for such review.

(d)

At no time shall the financial security be an amount less than $500,000.

(e)

The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.

(f)

Prior to approval of any plan or permit for a PSES, the PSES developer shall enter into a decommissioning agreement with Conewago Township outlining the responsibility of the parties under this agreement as to the decommissioning of the PSES.

Environmental protection.

(1)

All PSES must be set back a distance of 25 feet from any area designated as a wetland, a FEMA floodplain, or an area containing 15% slope or greater.

(2)

All PSES shall be set back 100 feet from a property listed on, or eligible for listing on the National Register of Historic Places as designated by the State Historic Preservation Office of the National Park Service.

Ground mounted PSES shall be screened from adjoining residential uses or zones according to the standards found in § 140-32 of the Conewago Township Zoning Ordinance.

Landscape screening shall be provided along all roads rights-of-way and shall visually screen the solar energy system from the roadway. Landscaping shall be installed between the solar energy system fencing and road right-of-way and shall consist of one evergreen tree and one deciduous tree for every 20 feet of road frontage adjacent to the solar energy system. The required screening shall be planted in a staggered manner and shall have a mixture of varieties. Landscaping shall also blend in with existing treelines and existing vegetation, wherever possible. All coniferous trees shall be a minimum of six feet in height at time of planting, and all deciduous trees shall not be less than two-inch caliper at time of planting.

PSES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system. This shall include any agricultural BMPs that are still required to be maintained within the lifespan of the practice, unless approval is obtained by the funding agency for any impact associated with the PSES project.

The solar energy system shall be sited in such a way that it presents minimal impact to traffic and no impact to public health and safety.

The structures comprising the solar energy system shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot, and in no event shall wooded acreage comprising more than 2% of the deed acreage of the lot or portion of the lot devoted to the solar energy system use be removed without demonstrating that such removal is necessary for the reasonable construction and efficient performance of the use.

Security.

(1)

All ground mounted PSES shall be completely enclosed by a minimum eight-foot and maximum ten-foot high fence with a self-locking gate to prevent or restrict unauthorized persons or vehicles from entering the property. The fence shall meet setback requirements noted in this section.

(2)

A clearly visible warning sign shall be placed at the base of all pad mounted transformers and substations and on the fence, barrier, or facility perimeter surrounding the PSES informing individuals of potential voltage hazards.

AA.

Access.

(1)

At a minimum, a 25 feet wide access road must be provided from a state or municipal roadway for at least 100 feet into the site. Access points must be designed to accommodate the largest construction traffic that will be entering the site.

(2)

Between the solar arrays, an emergency access drive shall be provided to allow access for maintenance vehicles and emergency management. The width of this aisle/drive shall be confirmed with the local EMS providers but in no case shall it be less than 12 feet in width. Emergency access width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from it.

(3)

If the PSES is exempt from stormwater requirements as specified in this section, vegetation must be maintained or replaced after maintenance and/or emergency use.

(4)

Access to the PSES shall comply with all access requirements in the Conewago Township Subdivision and Land Development Ordinance.

(5)

All access points, whether temporary or permanent, shall be required to obtain a PennDOT or Township roadway occupancy permit.

(6)

All sites shall be designed such that the construction traffic, to the greatest degree possible, shall utilize access points from state highways instead of local Township roadways.

BB.

PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority. This shall include any indicator lights/beacons which shall not be visible beyond the property line of the project site, whether solid or flashing.

CC.

The owner of a PSES shall provide Conewago Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system. The written confirmation shall include a statement of capacity and approval of the proposed connection.

(1)

Roof and wall mounted principal solar energy systems:

(a)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Conewago Township that the roof or wall is capable of holding the load imposed on the structure.

(b)

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

§ 155-128.2 Accessory solar energy systems.

[Added 10-21-2024 by Ord. No. 2024-D]

Regulations applicable to all accessory solar energy systems:

(1)

ASES shall be a permitted accessory use by right in all zoning districts.

(2)

Permit requirements.

(a)

Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.

(b)

The zoning/building permit shall be revoked if the ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this section.

(c)

The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.

Roof mounted and wall mounted accessory solar energy systems:

(1)

A roof mounted or wall mounted ASES may be located on a principal or accessory building.

(2)

ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying zoning districts.

(3)

Wall mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

(4)

Solar panels shall not extend beyond any portion of the roof edge.

(5)

Roof mounted solar panels shall be located only on rear or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates that, due to solar access limitations, no location exists other than the street-facing roof, where the solar energy system can perform effectively.

(6)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Conewago Township, that the roof or wall is capable of holding the load imposed on the structure.

Ground mounted accessory solar energy systems:

(1)

Setbacks.

(a)

The minimum yard setbacks from side and rear property lines shall be equivalent to the principal structure setback in the zoning district.

(b)

A ground mounted ASES shall not be located in the required front yard.

(2)

The total surface area of the arrays of ground mounted ASES on the property shall not exceed more than 15% of the lot area. The area of the ASES for the purposes of this coverage calculation would include the area of the panels/arrays and any drive aisle area between arrays.

(3)

Height: Ground mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.

(4)

Appropriate safety/warning signage concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

(5)

Ground mounted ASES shall not be placed within any legal easement or right-of- way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

§ 155-129 Truck or motor freight terminals.

Within the (I) Zone, truck or motor freight terminals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by the applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken within 30 days of application by a certified independent air-testing firm during peak use periods of the day. Terminals not in compliance with the National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by the EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Zoning Hearing Board a plan within 60 days for reducing PM 2 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2 levels have been reached, or it will be found in violation of this chapter. Upon approval of special exception, terminal owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air-testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the property and at a distance of 75 feet from the terminal building.

The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, in accordance with § 155-46 of this chapter.

The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.

If the subject property adjoins any property that a) is located in an R-1, R-2, R-3, MU or VC Zone and/or b) contains a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus (each, a "protected property"), then all buildings and structures (except permitted signs) on the subject property shall be set back at least 100 feet from the lot line of any protected property.

[Amended 4-17-2023 by Ord. No. 2023-A]

All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to the street.

Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.

Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.

All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties.

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system and any other use of the property will not violate § 155-35 of this chapter.

The applicant shall demonstrate compliance with § 155-33 of this chapter.

The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted.

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-130 Truck stops.

Within the (I) Zone, truck stops are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, in accordance with § 155-46 of this chapter.

The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.

The subject property shall be located no closer than 500 feet to any R-1, R-2, R-3, MU and VC Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.

Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop according to the schedule contained within § 155-37F of this chapter. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.

The applicant shall demonstrate compliance with § 155-33 of this chapter.

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

§ 155-131 Two-family conversions.

Within the R-2 and MU Zones, a detached single-family dwelling that existed on the effective date of this chapter and contained (at that time) at least 3,000 square feet may be converted by right into two dwelling units by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized;

No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted;

All floors above and/or below grade shall have direct means of escape to ground level;

Four off-street parking spaces shall be provided; however, such uses may share the same driveway, provided that vehicles entering and/or exiting the property are unimpeded by a parking space; and

The applicant shall obtain any required land development approvals.

§ 155-132 Uses in Mixed-Use Zone.

Within the (MU) Zone, various uses (medical, dental, vision and counseling clinics; offices; personal services; restaurants, excluding drive-through and fast-food restaurants; and retail sale of goods) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

Within the (MU) Zone, the applicant shall demonstrate those measures employed to incorporate the design features listed in § 155-19O of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.

§ 155-133 Veterinary offices permitted by right.

Within the A, MU, VC, HC and I Zones, veterinary offices are permitted by right, provided that the applicant meets the following criteria:

No outdoor keeping or running of animals is permitted.

The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in § 155-35 of this chapter.

The applicant must furnish a plan for the storage and disposal of deceased animals within 24 hours of an animal's death.

The applicant must explain measures to be used to ensure that all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions.

§ 155-134 Veterinary offices and kennels permitted by special exception.

Within the HC and I Zones, veterinary offices and kennels are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

No outdoor keeping or running of animals is permitted.

The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in § 155-35 of this chapter.

The applicant must furnish a plan for the storage and disposal of deceased animals within 24 hours of an animal's death.

The applicant must demonstrate evidence of compliance with the Pennsylvania Dog Law.[1]

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

The applicant must explain measures to be used to ensure that all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions.

§ 155-135 Warehousing and wholesale trade establishments.

Within the (I) Zone, warehousing and wholesale trade establishments are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1)

The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size;

(3)

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in Articles III and V of this chapter; and

(4)

A traffic impact report prepared by a professional traffic engineer, according to § 135-16 of the SLDO.[1]

[1]

Editor's Note: See Chapter 135, Subdivision and Land Development.

The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by the applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken within 30 days of application by a certified independent air-testing firm during peak use periods of the day. Warehouses not in compliance with the National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by the EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Zoning Hearing Board a plan within 60 days for reducing PM 2 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2 levels have been reached, or it will be found in violation of this chapter. Upon approval of special exception, warehouse owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air-testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the warehouse and at a distance of 75 feet from the warehouse building.

Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

[Amended 4-17-2023 by Ord. No. 2023-A]

Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.

The applicant shall demonstrate compliance with § 155-33 of this chapter.

The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted.

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 155-136 Wind farms.

Within the (A) Zone, wind farms (as defined herein) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 155-174C(2), and specifically as follows:

The applicant shall prepare and submit a narrative and mapping describing the proposed wind farm, including:

(1)

An overview of the project.

(2)

The project location.

(3)

The approximate generating capacity of the wind farm.

(4)

The approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers.

(5)

A description of accessory facilities.

(6)

An affidavit or similar evidence of agreement between the property owner(s) and the applicant demonstrating that the applicant has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind farm.

(7)

A listing and map of the properties on which the proposed wind farm will be located and the properties adjacent to where the wind farm will be located.

(8)

A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind farm to the substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

The applicant shall demonstrate, with credible expert evidence, that:

(1)

To the extent applicable, the wind farm shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142.

(2)

The design of the wind farm shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.

(3)

Each of the proposed wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(4)

All electrical components of the wind farm shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.

(5)

Wind turbines shall be a nonobtrusive color, such as white, off-white, gray or some color similar to the background of the proposed wind turbine.

(6)

Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(7)

Wind turbines shall not display advertising, other than an incidental insignia of the turbine manufacturer.

(8)

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

(9)

A clearly visible warning sign concerning voltage must be placed at the base of all at-grade transformers and substations.

(10)

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of each guy wire and along each guy wire up to a height of 10 feet from the ground. The applicant shall also submit an acceptable working plan for the regular inspection of such guy wires and replacement of any needed flags, reflectors, or tape.

(11)

Wind turbines shall be designed and constructed to be nonclimbable up to 15 feet above ground surface.

(12)

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(13)

Wind turbines shall be set back from the nearest principal building of a property owner who has agreed to locate the proposed wind farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the principal building.

(14)

Wind turbines shall be set back from the adjoining property line of a property owner who has not agreed to locate the proposed wind farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the adjoining property line.

(15)

Wind turbines shall be set back from the right-of-way of any street a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the street right-of-way.

(16)

The applicant shall be responsible for the prompt repair and maintenance of all roads used to transport equipment and parts for construction, operation or maintenance of the wind farm. The applicant shall prepare an engineering report that documents road conditions prior to construction, and again within 30 days after construction is complete or as weather permits. Such reports shall be reviewed by the Township Engineer; any discrepancies shall be mediated by a third engineer selected by mutual acceptance by the applicant's and Township's engineers. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads, and the Township may bond the road in compliance with state regulations.

(17)

The applicant shall provide a copy of the project summary and site plan as required in § 155-136A to the Township Emergency Management Coordinator. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind farm, acceptable to the Township Emergency Management Coordinator, prior to the issuance of a zoning permit for the proposed use.

Audible sound from a wind farm shall not exceed 55 dBA, as measured at the following minimum distances. Methods for measuring and reporting acoustic emissions from the wind farm shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 -1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier."

(1)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the nearest principal building of a property owner who has agreed to locate the proposed wind farm upon his/her property;

(2)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the adjoining property line of a property owner who has not agreed to locate the proposed wind farm upon his/her property; and

(3)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the right-of-way of any street.

The applicant shall make reasonable efforts to minimize shadow flicker and to avoid any disruption or loss of radio, telephone, television or similar signals. The applicant shall mitigate any such harm caused by the wind farm on any adjoining property whose owner has not agreed to locate the proposed wind farm upon his/her property.

The applicant shall maintain a current general liability policy covering bodily injury and property damage, with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates of insurance coverage shall be made available to the Township each year that the wind farm operates.

The applicant shall be responsible for the removal of the wind farm in accordance with the following requirements:

(1)

The applicant shall, at his/her expense, complete removal of the wind farm or individual wind turbines within 12 months after the end of the useful life of the wind farm or individual wind turbines. The wind farm or individual wind turbine will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2)

Removal shall include the elimination of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(3)

Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.

(4)

An independent and certified professional engineer shall be retained to estimate the total cost of removal ("removal costs"), without regard to salvage value of the equipment, and the cost of removing net salvage value of the equipment ("net removal costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter at the applicant's and/or any successor's expense.

(5)

The applicant shall post and maintain removal funds in an amount equal to net removal costs, provided that at no point shall removal funds be less than 25% of removal costs. The removal funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

(6)

Removal funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

(7)

If the applicant fails to complete removal within the period prescribed by § 155-136F(1) of this chapter, then the landowner shall have six months to complete removal.

(8)

If neither the applicant nor the landowner complete removal within the periods prescribed by Subsection F(1) and (7) of this section, then the Township may take such measures as necessary to complete removal. The entry into and submission of evidence of a participating landowner agreement to the Township in accordance with Subsection A(6) of this section shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the removal plan.

(9)

The escrow agent shall release the removal funds when the applicant has demonstrated, and the municipality concurs, that removal has been satisfactorily completed or upon written approval of the municipality in order to implement the removal plan.