Township of East Cocalico, PA
Lancaster County
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Table of Contents
Table of Contents
The regulations contained within Article III shall apply to all uses within the Township. In some cases, the regulations contained within this article reference regulations contained within Chapter 194, Subdivision and Land Development. In such cases, any relief to be granted to such applicable standards shall be obtained according to the appropriate procedures within Chapter 194, Subdivision and Land Development, and will not require approval of a variance under the terms of this chapter.
A. 
Fences and walls.
[Amended 2-15-2006 by Ord. No. 2006-03; 10-18-2006 by Ord. No. 2006-08]
(1) 
Except as noted below for retaining walls, no fence or wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) shall be erected to a height of more than four feet in a front yard, and more than six feet in any other yard within the (A, C, R, R-1, R-2, R-3, MHP, and VO) Zones. Except as noted below for retaining walls, within any (C-1, C-2, I-1, and I-2) Zones, no fence nor wall (except livestock, required junkyard or tennis court walls or fences, or the wall of a building permitted under the terms of this chapter) 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 § 220-40C of this chapter;
(2) 
The use of retaining walls higher than: four feet in a front yard within the (A, C, R, R-1, R-2; R-3, MHP and VO) Zones; six feet in any side or rear yards within the (A, C, R, R-1, R-2, R-3, MHP and VO) Zones; and 10 feet in any yard within the (C-1, C-2, I-1, and I-2) Zones; up to a maximum height of 30 feet is permitted, subject to the following findings:
(a) 
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;
(b) 
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 underground utility lines and/or interfere with their rights-of-way;
(c) 
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
(d) 
That the base of the retaining wall is set back a horizontal distance at least equal to its height from each property line.
B. 
Swimming pools. Swimming pools may be permitted in any zone. No permanent swimming structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to aboveground pools having a wall measuring no less than four feet in height at any perimeter point, and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools must be set back at least 10 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.
C. 
Tennis courts. Tennis courts may be permitted in any zone. All tennis courts in residential zones shall include an open mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface, unless the entire court is enclosed. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining property.
D. 
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the (A, C, R, R-1, R-2, R-3, MHP, and VO) Zones shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the (C-1, C-2, I-1, and I-2) Zones that are used to transmit video format data shall be completely enclosed by an eight-foot-high, nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the (C-1, C-2, I-1, and I-2) Zones shall comply with all principal use standards.
E. 
Except as noted for outdoor furnaces in § 220-31E(21) of this chapter, within every zone, alternative energy systems, as defined herein, are permitted accessory uses by right, subject to the following requirements:
[Amended 6-19-2014 by Ord. No. 2014-05]
(1) 
Alternative energy systems constructed prior to the effective date of this section shall not be required to meet the requirements specified under this section of the Zoning Ordinance. Any physical modification to an existing alternative energy system that materially alters the size, type and quantity of the facilities shall require a building permit and shall comply with the applicable provisions specified under this section of the Zoning Ordinance.
(2) 
Alternative energy systems shall be primarily utilized by the principal use of the lot upon which they are located, and energy generated must first be used to meet the demand on site. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, if the applicant submits written expert evidence that the proposed alternative energy system is designed not to generally exceed the peak energy demands of the principal use, including foreseeable expansions.
(3) 
The owner of any alternative energy system connected to an electric utility grid shall provide the Township with written authorization from the utility acknowledging and approving such connection.
(4) 
Alternative energy systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems do not exceed the permitted height requirements of the zone in which they are located, except that:
(a) 
The total height of a building or structure with solar panels shall not exceed by more than one foot the maximum permitted height in the applicable zone;
(b) 
Ground-mounted solar panels shall not exceed a height of 20 feet at the highest point of the structure;
(c) 
The maximum height of a freestanding wind turbine and any supporting structure shall be 50 feet for residential uses and 150 feet for nonresidential uses, as measured from the ground surface to the tip of the blade at its highest turning movement; and
(d) 
A roof-mounted wind turbine and any supporting structures may extend no more than 10 feet above the highest roof surface to the tip of the blade at its highest turning movement or the highest point of any feature of the turbine at its maximum height, whichever is the highest point, provided such height is not greater than five feet higher than the maximum permitted height for the attached roof.
(5) 
Except as noted in § 220-31E(17)(b) of this chapter, alternative energy systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the zone in which they are located.
(6) 
Alternative energy systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems comply with all applicable setbacks of the zone in which they are located. Detached accessory systems shall comply with applicable accessory use setbacks. Systems attached to a principal structure will be required to comply with principal use setbacks. In zones with no accessory use setbacks, principal use setbacks shall apply.
(7) 
Aboveground alternative energy systems shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white or gray and a flat finish. Wind turbine towers may be painted brown up to the height of nearby trees. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8) 
On-site electrical transmission and power lines connected to or associated with the alternative energy system that are not contained within a building shall be located underground.
(9) 
Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(10) 
The applicant shall provide written evidence that the proposed alternative energy system shall comply with the noise standards listed in § 220-48A of this chapter. A manufacturer's certificate of specification may be used to demonstrate compliance with this standard.
(11) 
The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the alternative energy system.
(12) 
The design and installation of the alternative energy system shall conform to applicable industry standards, including those of the American National Standards Institute, and the Township's Building Code and be subject to all applicable permit requirements thereof as well as all other applicable laws, codes and regulations.
(13) 
In addition to those materials required in § 220-148B of this chapter for a building permit, applicants for alternative energy systems shall be required to submit:
(a) 
A narrative describing the system and its principal components, including, but not limited to, related ancillary facilities;
(b) 
Information about its potential energy generating capacity and anticipated generation; and
(c) 
A site plan depicting the system and its principal components, including, but not limited to, related ancillary facilities, as they relate to property lines, required setbacks, adjoining roads, utility rights-of-way and lines, and on-site buildings and structures. Such information shall be depicted upon the site plan even if the system and its principal components are located underground.
(14) 
All solar energy systems shall comply with the following requirements:
(a) 
Solar energy panels and solar shingles shall be designed and located in order to minimize reflective glare and/or heat towards any adjoining use and/or road.
(b) 
All solar energy systems must be installed by a professional firm from a list of approved solar electric installers provided on the PA Sunshine Program website operated by the PA Department of Environmental Protection or from the North American Board of Certified Energy Practitioners.
(c) 
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.
(d) 
Solar energy systems shall not be used for displaying advertising except for reasonable identification of the manufacturer of the system. In no case shall such identification exceed 200 square inches.
(e) 
Upon residential properties, when a building is necessary for the storage of cells and/or equipment or components related to the solar energy system, the building must not exceed 400 square feet in area, must not exceed 15 feet in height and must comply with all applicable accessory use setbacks. Where no accessory use setbacks apply, principal use setbacks shall apply.
(f) 
All solar panels shall, to the extent feasible, be sited inconspicuously when viewed from adjacent street rights-of-way and be sited so that tree removal is not required.
(g) 
Stone stormwater infiltration trenches or other best management practices shall be installed that, in the opinion of the Township Engineer, properly manage stormwater runoff from the solar panels in accordance with Chapter 185 of the Township Code and other requirements such as NPDES permitting if deemed applicable.
(h) 
The location of all solar panels shall comply with the following locational hierarchy. In order for an applicant to use a lower locational rank as listed below, he/she must demonstrate by credible evidence that the higher locational rank prevents the solar energy system from operating as designed, as certified in writing by the manufacturer or installer. An applicant's reluctance to remove potential obstructions such as vegetation shall not be considered sufficient cause for permitting panel installation on a lower locational rank.
Rank
Solar Panel Locational Hierarchy*
1
Rooftop or attached mounts facing opposite any front lot line(s)
2
Rooftop or attached mounts facing any side lot lines
3
Rooftop or attached mounts facing any front lot lines
4
Freestanding - located within the rear yard
5
Freestanding - located within the side yard
6
Freestanding - located within the front yard, provided that the solar panel(s) is(are):
Located within the C, A or R Zone;
No less than 100 feet from each property line; and
Screened in accordance with § 220-31E(17)(d) of this chapter
NOTES:
*
Regardless of the preceding ranking system, freestanding solar panels located upon lots of 5 or more acres where such panels are located no closer than 200 feet from the nearest property line are permitted.
(i) 
All owners of property upon which a solar energy system is installed shall maintain the solar energy system in a safe condition and good repair at all times. Whenever a solar energy system becomes structurally unsafe or endangers the safety of the structure or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the solar energy system is located that such solar energy system shall be made safe or removed. The disposal of solar energy systems shall comply with all applicable Township, county, state, and federal regulations.
(j) 
All owners of property upon which a solar energy system is installed shall be required, as a condition of the issuance of the building permit, to acknowledge in writing to the Township that the issuance of a building permit for a solar energy system 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.
(15) 
Roof-mounted solar energy systems shall also comply with the following requirements:
(a) 
Solar panels shall not extend horizontally beyond any portion of a roof's surfaces nor above the roof ridge at its highest point.
(b) 
Solar panels on sloped roofs shall be affixed to roofs by solar panel standoffs, as defined herein. Solar panel standoffs shall be used that raise the solar panel at least three inches above the surface of the roof and incorporate flashing of such design that does not violate any warranty (materials and workmanship) of the roof and is a minimum of at least 2.5 inches wide.
(16) 
Ground-mounted solar energy systems shall also comply with the following requirements:
(a) 
The surface area of a ground-mounted solar energy system, regardless of the mounted angle of any solar panels, shall be considered part of and cumulatively calculated in the lot coverage of the lot on which the system is located. The surface area of a ground-mounted solar energy system shall not exceed 3% of maximum lot coverage of the lot.
(b) 
Solar panels shall not be mounted on any pole or tower such that the closest point of the solar panel is less than three feet above the grade directly below the solar panel. Vegetation beneath a ground-mounted, freestanding solar energy system shall be properly maintained at all times in accordance with Chapter 63 of the Township Code. Ground-mounted solar panels must have a fence.
(c) 
In those instances when the solar energy system is proposed as a freestanding installation within the front yard, the applicant must provide vegetative screening to serve as a barrier to visibility and glare, in accordance with § 220-44 of this chapter. Prior to issuance of a building permit, a site plan showing the proposed arrangement, placement, species and size of all screen planting material shall be submitted for approval to the Zoning Officer.
(17) 
The following provisions shall specifically apply to ground-mounted wind turbines:
(a) 
One ground-mounted wind turbine shall be permitted upon lots with a minimum of one acre. Only one wind turbine shall be permitted per principal residential use.
(b) 
The minimum height of a ground-mounted wind turbine shall be such that there shall be maintained a minimum of 15 feet of ground clearance, as measured between the ground surface and the tip of the blade at its closest point of the turning movement or any other feature of the turbine at its closest point to the ground.
(c) 
Ground-mounted wind turbines shall be set back the following distances as measured from the center of the wind turbine base to the nearest point of the respective feature listed below:
Feature
Minimum Setback
Occupied building on site
Turbine height plus 10 feet
Aboveground utility line right-of-way
Turbine height plus 10 feet
Adjoining property
1.5 times turbine height
Adjoining street right-of-way or private street*
1.5 times turbine height
NOTES:
*
This section shall not be interpreted to permit the location of a wind turbine in the front yard if such structure is not permitted in the front yard within its respective zone.
(d) 
Ground-mounted wind turbines and any supporting structure shall be enclosed by a six-foot fence with locking gate, or the base of the wind turbine and any supporting structure shall not be climbable for a minimum height of 12 feet. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(18) 
The following provisions shall specifically apply to all wind turbines:
(a) 
The design and installation of all wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters' Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electrotechnical Commission, or any other wind certification program recognized by the American Wind Energy Association (AWEA) or the United States Department of Energy. The manufacturer's specifications shall be submitted as part of the application.
(b) 
All wind turbines and wind energy systems shall be equipped with a redundant braking system, which shall include 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.
(c) 
The applicant shall make reasonable efforts to minimize shadow flicker to adjoining properties.
(d) 
No wind turbine shall cause ground vibrations perceptible beyond the property line of the site.
(e) 
No wind turbine shall cause ice to be thrown or shredded beyond the property line of the site.
(f) 
No trees or landscaping required by Township ordinance, or as otherwise required by the Board of Supervisors or Zoning Hearing Board as a condition of approval for any plan, application or permit, may be removed to facilitate installation or operation of a wind turbine.
(g) 
Prior to the issuance of a building permit for the installation of a wind energy system, the applicant shall provide the Zoning Officer with:
[1] 
A site plan showing:
[a] 
Lot lines, structures and physical features of the subject and adjoining properties within two times the total height of the turbine height as measured from the base of the turbine location.
[b] 
Location, dimensions, and types of existing structures on the property.
[c] 
Location of the proposed wind energy system tower, foundations, guy anchors, and associated equipment.
[d] 
The right-of-way of any public and private street abutting the property.
[e] 
Any overhead utility lines.
[2] 
Wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type — freestanding or guyed.
[3] 
Certification from a professional engineer registered by the Commonwealth of Pennsylvania that the tower has been designed and will be constructed in accordance with the current industry standards and applicable requirements of the Township Building Code. A copy of the foundation analysis shall also be provided.
[4] 
Confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approval of such connection. Off-grid systems shall be exempt from this requirement.
(h) 
The owner of the wind energy system shall be required to dismantle and remove the wind energy system, including all structures, facilities, appurtenances, etc., within 60 days of the time when the wind energy system is no longer in use.
(i) 
The owner of the wind energy system shall be required to maintain the wind energy system in a safe condition and good repair at all times. Whenever a wind energy system becomes structurally unsafe or endangers the safety of the structure or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the wind energy system is located that such wind energy system shall be made safe or removed. The disposal of wind energy systems shall comply with all applicable Township, county, state, and federal regulations.
(19) 
The following provisions shall specifically apply to geothermal systems:
(a) 
Only closed-loop geothermal systems shall be permitted. Any antifreeze fluid circulated through the pipes shall be a biodegradable mixture such as food-grade propylene glycol.
(b) 
The vertical geothermal system well (or wells) installation will be made only by a Pennsylvania-licensed well driller.
(c) 
No geothermal system subsurface loops and/or related geothermal boreholes shall be located closer than 100 feet from any existing or planned drinking water wells that serve one principal use, 25 feet from any existing or planned on-lot sewage disposal systems or 20 feet from any property lines and street rights-of-way.
(d) 
In addition to the preceding setbacks, each geothermal borehole shall be set back no less than 500 feet from each public water well, except that each geothermal borehole shall be set back no less than 1/2 mile from Public Water Wells 3, F and M, as referenced in § 220-27D(2) of this chapter and depicted on the Zoning Map. Any variance requested to the setbacks listed in this section shall require, prior to approval, a finding by the Zoning Hearing Board that, in addition to those required by § 220-142D(2), the design, installation and maintenance methods used for each borehole will prevent the contamination or loss of water to any public water wells or public water treatment facilities. The applicant must submit written credible expert evidence to support such a finding as part of the variance application.
(e) 
The vertical loop in a geothermal system well (or wells) shall be pressure-grouted bottom to top with a bentonite-based or cement-based material of 0.0000001 centimeter per second or lower permeability.
(f) 
The applicant shall maintain the geothermal system in a safe condition and good repair at all times. Whenever a geothermal system endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the geothermal system is located that such geothermal system shall be made safe or removed. The disposal of geothermal systems shall comply with all applicable Township, county, state, and federal regulations.
(g) 
With respect to each geothermal system well installation, the Pennsylvania-licensed well driller and/or system installer shall provide to the Township, before activation of the system, copies of:
[1] 
Accurate written records and a written geologic log;
[2] 
Accurate records with respect to grouting for each such well;
[3] 
Proposed plans and related documentation for each such system and geothermal well location showing the relation to property lines and street rights-of-way, existing or planned drinking water wells that serve one principal use within 100 feet, existing or planned on-lot sewage disposal systems that serve one principal use within 25 feet and the distance to the closest public water wells or public water treatment facilities.
[4] 
Written documentation of the geothermal system testing and certification; and
[5] 
A written "plan" for the operation of the geothermal system proposed by the applicant and approved by the system installer which, among other matters, provides that:
[a] 
Any geothermal system leaks or releases will be reported by the applicant (and subsequent owner) to the Township Zoning Officer within 24 hours of the discovery of same, and the applicant (and subsequent owner) covenants and agrees to take appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks; and
[b] 
In the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Township for its approval by the landowner prior to the conveyance by the landowner of the land to any third party.
(20) 
Manure digester facilities are permitted as an accessory use to a principal agricultural use within the Agricultural Zone, subject to the following requirements:
(a) 
A manure digester facility shall provide power for use on site, except that a manure digester facility may serve more than one farm when operated as a community digester system. Excess electric power generated incidentally may be sold to a power utility with written authorization from the power utility. Interconnection and net metering shall be in accordance with the policies of the power utility.
(b) 
Manure (primary catalysts) and feedstock or other organic materials (secondary catalysts) to be used for the digestion or co-digestion process shall be stored in accordance with Pennsylvania Nutrient Management Program requirements, as may be amended.
(c) 
Manure digester facilities shall be designed and constructed in accordance with the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management guidelines for such systems, as may be amended. Evidence of applicable federal and state regulatory agencies' written approvals shall be included with the building permit application.
(d) 
Manure digester facility structures shall be located in accordance with the special setback requirements of Chapter 220 Attachment 1 - Agricultural Zone Area and Design Requirements.
(e) 
Manure digester facilities, except for appurtenant electrical wiring, shall be located a minimum of 100 feet from existing potable water wells and surface waters, such as streams, springs, ponds, and lakes.
(f) 
Manure storage associated with a manure digester facility shall be sited and operated as required under an approved nutrient and odor management plan.
(g) 
The applicant for a manure digester facility permit shall provide the following information at the time of application for the zoning permit:
[1] 
A sketch plan depicting the location of all structures, significant trees, existing potable water wells and surface waters, such as streams, springs, ponds, and lakes, within 100 feet of the proposed manure digester facility;
[2] 
Information provided by the manufacturer of the manure digester facility, including, but not limited to, the make and model, the manufacturer's design data, construction plans and installation instructions;
[3] 
Documentation of the intent and proposed capacity of the digester system, including holding ponds, tanks, and/or pools;
[4] 
The type and quantity of wastes and supplemental feedstock for which the digester is designed;
[5] 
Evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(h) 
Decommissioning.
[1] 
The owner/operator shall submit a plan for shutdown of the manure digester facility when it becomes functionally obsolete or is no longer in use. The plan shall specify the dismantling and disposal of operational components and associated wastes.
[2] 
The owner/operator shall notify the Township at least 30 days prior to cessation or abandonment of the operation.
[3] 
The owner/operator shall ensure that all pits, tanks, and pipes are empty and clean by removing the liquids and accumulated sludge. Tanks shall be covered securely with lids or hatch covers after content removal.
[4] 
Insulation, piping, and similar materials that cannot be reused or recycled shall be disposed of in the appropriate manner consistent with Pennsylvania DEP's waste management program requirements.
(21) 
Within the (A, C and R) Zones, outdoor furnaces are permitted as an accessory use to a principal residence or an agricultural or horticultural use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within Chapter 79 of the Code and the following specific criteria:
(a) 
Outdoor furnaces which utilize any fuel or combustible material other than wood, natural gas, kerosene, propane, domestic heating oil, or electricity are prohibited. For the purposes of this definition, wood fuel shall only 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. The use of lighter fluids, gasoline and chemicals to start combustion within an outdoor furnace is expressly prohibited.
(b) 
The installation and use of Phase 2 outdoor furnaces is permitted subject to the following criteria:
[1] 
No outdoor furnace shall be located upon a property that has a minimum lot area of less than one acre.
[2] 
No more than one outdoor furnace shall be permitted per principal use.
[3] 
No outdoor furnace shall be located within the front yard.
[4] 
No outdoor furnace shall be located within 200 feet of any front lot line, 100 feet of any side or rear property line or the closest principal use located on the subject property or 500 feet from:
[a] 
Any land within the (R-1, R-2, R-3, MHP, VO and MR) Zones;
[b] 
The nearest property line of any existing residence;
[c] 
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
[d] 
The nearest property line of any lot proposed for residential purposes for which has been submitted a plan for preliminary or final subdivision approval.
[5] 
Outdoor furnaces shall only be operated between September 15 and May 15 of each calendar year.
[6] 
Except for limitations and requirements that may impose greater restrictions as 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 building permit application.
(c) 
Should an applicant design and construct his/her own outdoor furnace without manufacturer specifications, the applicant shall be required to obtain a special exception in accordance with all applicable regulations contained within this Code, including but not limited to those general criteria contained within § 220-142C(2) and the following specific criteria:
[1] 
The applicant must submit written evidence demonstrating that the unit has been certified by the United States Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pound per million British thermal units (BTUs) of output.
[2] 
The proposed use meets all applicable regulations contained within this § 220-31E of the Code.
[3] 
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 § 220-31E(21)(a) of the Code.
[4] 
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.
(d) 
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 within 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 § 220-34 of this chapter.
(e) 
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.
(f) 
All components used to convey heat 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.
(g) 
All outdoor furnaces shall be equipped with a properly functioning spark arrestor.
(h) 
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 Lancaster 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 building permit for the outdoor furnace 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 method of waste disposal change in the future, the owner of the outdoor furnace shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
[1] 
Any outdoor furnace or other wood-fired heating or energy source device installed and in use prior to the effective date of this section shall be permitted to remain in its present location and continue to be used, provided the owner shall register the device with the Township Zoning Officer within 60 days of the effective date of this section. Registration shall not be complete unless all information requested in the registration form has been timely provided. No fee shall be imposed for the registration of such device. The use of any such device not so registered shall be discontinued and the device shall be promptly removed from the property.
[2] 
Upon the expiration of the useful life of such device, but in no event later than 30 years from the effective date of this section, the use of such device shall be discontinued and the device shall be removed from the property, provided nothing herein shall be construed to prohibit the installation or use of an outdoor furnace which fully complies with the provisions of the Code, any amendments thereto, and with all applicable local, state or federal laws or regulations.
F. 
Ornamental ponds and wading pools. Ornamental ponds and wading pools may be permitted in any zone, subject to the following:
(1) 
Such structures shall comply with all accessory use setbacks;
(2) 
No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons); 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 § 220-31G of this chapter;
(3) 
No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;
(4) 
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
(5) 
No such pond(s) shall be used for the commercial hatching of fish or other species.
G. 
Man-made lakes, dams, ponds, and impoundments. All lakes, dams, ponds, and impoundments may be permitted in any zone, subject to the following:
(1) 
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: the lake, dam, pond, or impoundment contains a volume of at least 50 acre feet; the dam reaches a height of 15 feet; and the lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres. 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.
(2) 
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.
(3) 
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 one foot above the water surface elevation occurring during the base flood.
(4) 
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.
(5) 
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.
(6) 
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.
H. 
Garage/yard sales. Within any zone, an owner and/or occupant may conduct up to four garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four square foot sign shall be permitted advertising the garage/yard sale located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.
I. 
Accessory repair of personal motor vehicles. The routine maintenance, repair and servicing of personal motor vehicles, owned or leased by the person performing such services when performed outside of a completely enclosed building within the (R-1, R-2, R-3, MHP, and VO) Zones, is permitted by an occupant of the residence, but only in compliance with the following:
(1) 
All vehicles shall be maintained with proper registration;
(2) 
All work shall be performed on the vehicle owner's (lessee's) property of residence;
(3) 
Work shall be limited to the following:
(a) 
Servicing and replacement of spark plugs, batteries, distributors, distributor parts, 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;
(b) 
Repair and replacement of tires and wheels, excluding recapping or regrooving;
(c) 
Repair and replacement of car radios, tape players, amplifiers, and speakers;
(d) 
Repair and replacement of fuel pump, oil pump and line repairs;
(e) 
Minor servicing and adjustment of carburetors;
(f) 
Minor motor adjustments not involving the removal of the motor head or crankcase, nor the prolonged revving of the motor;
(g) 
Minor body repairs, excluding the replacement of body parts, the complete repainting of the body and the application of undercoating; and
(h) 
Cleaning of all exterior and interior surfaces, including washing, shampooing, vacuuming, rubbing, polishing, waxing, and the application of paint sealants;
(4) 
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of; and
(5) 
No vehicle shall be stored in a "jacked-up" position, or on blocks for more than 72 continuous hours.
J. 
Horse and livestock boarding requirements. Within any zone the noncommercial keeping of horses and other livestock owned by a resident and/or owner of the subject property is permitted by right as an accessory use to a single-family detached residence, provided that:
[Amended 10-1-2008 by Ord. No. 2008-03]
(1) 
Where all of the horses to be boarded are used as the residents' principal mode of transportation, the following requirements shall apply:
(a) 
No more than two horses shall be permitted per dwelling unit unless the subject property contains more than two acres in which case the applicant is permitted no more than one horse per acre of lot area. On any property where more than one horse is kept per acre, such horses shall not be regularly pastured and shall be kept and fed within a completely enclosed structure;
(b) 
All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line;
(c) 
All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties;
(d) 
Any building or stable used to house such horses shall have a natural ground surface or be fitted with a suitable and durable floor surface that can withstand the wear associated with the weight and movement of horses without failure (portable storage shed floors are generally unsuitable for such purposes). Any building or stable used to house such horses shall not be permitted within the front yard and must be set back at least 50 feet from any side and/or rear property line; and
(e) 
All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface that is enclosed by a minimum four-foot-high permanent fence to prevent the escape of the animals.
(2) 
Where horses to be boarded are not used as the residents' and/or owners' principal mode of transportation, the following requirements shall apply:
(a) 
No more than one horse shall be permitted per each two acres of lot area;
(b) 
All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line;
(c) 
All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties;
(d) 
Any building or stable used to house or shelter such horses shall have a natural ground surface or be fitted with a suitable and durable floor surface that can withstand the wear associated with the weight and movement of horses without failure (portable storage shed floors are generally unsuitable for such purposes). Any building or stable used to house such horses shall not be permitted within the front yard and must be set back at least 100 feet from any side and/or rear property line; and
(e) 
All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface that is enclosed by a minimum four-foot-high permanent fence to prevent the escape of the animals.
(3) 
Where livestock other than horses are to be boarded, the following requirements shall apply:
(a) 
The minimum lot area shall be one acre except for Group 3 animals in which case it shall be two acres and the following list specifies additional area 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 numbers 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 200 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 200 pounds shall be permitted at an animal density of one per two acres, with a maximum number of 10 animals.
(b) 
The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house or shelter noncommercial livestock:
[1] 
Group 1 animals.
[a] 
Up to 25 animals; a setback of 25 feet.
[b] 
Above 25 animals; a setback of 50 feet.
[2] 
Group 2 animals.
[a] 
Up to two animals; a setback of 50 feet.
[b] 
Above two animals; a setback of 100 feet; and
[3] 
Group 3 animals: 100 feet.
(c) 
All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line.
(d) 
All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties;
(e) 
Any building or stable used to house such livestock shall have a natural ground surface or be fitted with a suitable and 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 Group 2 and 3 animals). Any building or stable used to house such livestock shall not be permitted within the front yard; and
(f) 
All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface that is enclosed by a minimum four-foot-high permanent fence to prevent the escape of the animals.
A. 
Recreational vehicles, boats, campers, trailers, and trucks. Within any (R-1, R-2, R-3, MHP, and VO) Zones, the unenclosed storage of recreational vehicles, travel trailers, trucks, buses, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:
(1) 
For purposes of this section, recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:
(a) 
Class I vehicles: Those recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console; and
(b) 
Class II vehicles: Those recreational vehicles, travel trailers, buses, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(2) 
The temporary parking of one Class I or Class II vehicle for periods not exceeding 72 hours during any seven-day period is permitted on a paved or gravel 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.
(3) 
The storage of one Class I vehicle shall be permitted per lot behind the building setback line, so long as the unit is set back no less than five feet from any adjoining lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and current inspection and shall prevent the leakage of fuels and/or lubricants into the ground.
(4) 
Except as permitted in § 220-32A(2), and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zone, or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements:
(a) 
In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(b) 
All vehicles shall be set back a horizontal distance equal to twice the vehicle's height from every side and rear lot line.
(c) 
No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
(d) 
Screening, as described in § 220-44C of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot, and stores the vehicle on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.
(e) 
All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
B. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. The outdoor stockpiling of material (including firewood) is subject to all accessory use setbacks. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than 180 days is prohibited.
C. 
Trash, garbage, refuse, or junk. Except as provided in §§ 220-99 and 220-120, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
D. 
Dumpsters. All trash dumpsters shall be located as specified in the (C-1, C-2, I-1, and I-2) Zones and screened as set forth in § 220-44 of this chapter.
E. 
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
A. 
Front yard setback of buildings on built-up streets. Except within the (R-3) Zone, where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than that required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 20 feet from any abutting street right-of-way line.
B. 
Accessory or appurtenant structures. The setback regulations do not apply to:
(1) 
Telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions, but do apply to porches and patios whether covered or not;
(2) 
Open fire escapes;
(3) 
Minor public utility structures, articles of ornamentation or decoration;
(4) 
Fences, hedges, and retaining walls; and
(5) 
Driveways, sidewalks and access drives.
[Amended 5-6-2009 by Ord. No. 2009-02; 6-19-2014 by Ord. No. 2014-05]
A. 
The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1) 
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, flagpoles, or other similar structures, excluding wind turbines and solar panels;
(2) 
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances, excluding wind turbines and solar panels; and
(3) 
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roof line.
B. 
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.
A. 
On comer lots, there shall be provided and maintained a clear sight triangle of at least 100 feet, as measured along the center line from the intersecting roads. No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than 30 inches within such area. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans and sketch plans for building permit applications. A public right-of-way shall also be reserved for the purpose of removing any visual obstruction within the clear sight triangle.
[Amended 10-1-2008 by Ord. No. 2008-03]
B. 
In addition, any vegetative material that is greater than 30 inches in height, that existed on the effective date of this chapter, and that is located within the above-described clear sight triangle, shall be considered nonconforming. Such vegetation may continue for a period not to exceed six months from the effective date of this chapter. After the six-month period, such vegetation shall be removed by the owner.
C. 
Should the owner fail to remove such vegetation within the six-month period, the Township shall notify the owner of the need to remove such vegetation within 30 days. Should the owner fail to remove such vegetation after notification within 30 days, the Township may remove such vegetation and seek reimbursement for the cost of such removal from the owner, as prescribed by law.
A. 
All dwelling units must conform to the minimum habitable floor area following:
(1) 
Single-family, duplex and townhouse dwelling units: 700 square feet per dwelling unit;
(2) 
Multifamily dwellings: 400 square feet per dwelling unit; and
(3) 
Cabins, ECHO housing, temporary farm employee housing, and apartments of two-family conversions: 250 square feet per dwelling unit.
No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground for periods of up to 240 days in any calendar year or on the property of a friend or relative for periods of no more than two weeks.
[Amended 10-1-2008 by Ord. No. 2008-03; 6-19-2014 by Ord. No. 2014-05]
More than one principal use may be established on a single lot, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure, as though it were on an individual lot. In addition, such proposals shall gain approval for any required land development or subdivision plan and provide individually approved methods of sewage disposal. Two-family conversions do not require a land development plan.
[Amended 2-15-2006 by Ord. No. 2006-03; 6-19-2014 by Ord. No. 2014-05]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, except those buildings or structures for minor municipal service and utility facilities. For the purposes of this section, such building erected or moved on a lot must adjoin and have direct physical vehicular access onto a public or private street that is designed, improved and maintained in accordance with § 194-25 (Streets - Subdivision and Land Development). The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 194, Subdivision and Land Development, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings shall be via driveways (see § 220-40); access to lots containing other uses shall be via access drives (see § 220-41).
A. 
Number per lot. No more than two driveway connections per lot shall be permitted.
B. 
Setbacks. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant. Furthermore, no part of a driveway shall be located within five feet from any adjoining side lot line, except as permitted in §§ 220-40I, J, K and L and 220-53B of this chapter.
C. 
Clear sight triangle. Driveways shall be located and constructed so that a clear sight triangle of 75 feet, as measured along the street center line, and five feet along the driveway center line, is maintained; no permanent obstructions and/or plant materials over 30 inches high shall be placed within this area.
D. 
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines.
E. 
Road classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
F. 
Driveway width. No driveway shall provide a curb cut exceeding 24 feet in width.
G. 
PennDOT permit. Any driveway intersecting with a Township-owned or a state-owned road shall require the obtainment of a driveway permit from the Township or Pennsylvania Department of Transportation, respectively.
H. 
Drainage. Driveways shall not be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street.
I. 
Townhouses on individual lots are permitted to utilize front-yard driveways and garages, if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, are only connected to local roads, and comply with the following as depicted below:
(1) 
Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Lots 1-6), except that one end unit within a townhouse grouping containing three, five or seven units may use one freestanding driveway (see Lot 7);
(2) 
Such driveway shall be at least 43 feet in length (see Lot 7), and the side-by-side, off-street parking spaces shall be set back at least 23 feet from the street line (see Lot 1);
(3) 
Such driveways must be set back at least:
(a) 
Twelve feet from any lot line of an adjoining townhouse that does not share the joint-use driveway, as measured at the street line (see Lots 2 and 3);
(b) 
Two feet from any lot line of an adjoining townhouse that does not share the joint-use driveway (see the inset in the above diagram);
(c) 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
(d) 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
(e) 
Five feet from the closest point of any building other than a garage (see Lot 1).
(4) 
No individual driveway shall be narrower than 20 feet (See Lot 7);
(5) 
Garages must be attached to, and rely upon, a driveway as permitted above;
(6) 
Garages must be set back at least:
(a) 
Twenty-three feet from the street right-of-way (see Lot 1);
(b) 
Twelve feet from any lot line of an adjoining townhouse that does not share a joint-use driveway (see Lot 5);
(c) 
Five feet, when detached from any building on the site (see Lot 1); and
(d) 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7).
J. 
Townhouses on individual lots are permitted to utilize rear yard driveways and garages, if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, and comply with the following as depicted below:
(1) 
Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Lots 1-7);
(2) 
Such driveways must be set back at least:
(a) 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
(b) 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
(c) 
Five feet from the closest point of any building other than a garage.
(3) 
No individual driveway shall be narrower than 20 feet (see Lot 2);
(4) 
Garages must be attached to, and rely upon, a driveway as permitted above;
(5) 
Garages must be set back at least:
(a) 
Twenty feet from the alley right-of-way (see Lot 4);
(b) 
Twelve feet from any townhouse unit that is not directly attached to the garage (see Lot 5);
(c) 
Five feet, when detached from any building on the site;
(d) 
Five feet from any adjoining lot line that does not share the same garage structure (see Lot 4); and
(e) 
Eighteen feet from the lot line of an end unit that abuts another end unit or a non-townhouse use.
K. 
Townhouses on common property are permitted to utilize front-yard driveways and garages, if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, are only connected to local roads, and comply with the following as depicted below:
(1) 
Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Units 1-6), except that one end unit within a townhouse grouping containing three, five or seven units may use one freestanding driveway (see Unit 7);
(2) 
Such driveway shall be at least 43 feet in length (see Unit 7), and the side-by-side, off-street parking spaces shall be set back at least 23 feet from the street line (see Unit 1);
(3) 
Such driveways must be set back at least:
(a) 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
(b) 
Twenty-four feet from any other driveway or access drive that is not connected to the driveway, as measured at the street line (see Units 2 and 3);
(c) 
Four feet from any other driveway or access drive that is not connected to the driveway (see the inset in the above diagram);
(d) 
Twenty feet from any outside boundary of the development site or a non-townhouse use (see Unit 7);
(e) 
Forty feet between two different driveways serving end units; and
(f) 
Five feet from the closest point of any building other than a garage (see Unit 1).
(4) 
No driveway shall be narrower than 20 feet (see Unit 7);
(5) 
Garages must be attached to, and rely upon, a driveway as permitted above;
(6) 
Garages must be set back at least:
(a) 
Twenty-three feet from the street right-of-way (see Unit 1);
(b) 
Fourteen feet from any adjoining townhouse that does not share a joint-use driveway (see Units 2 and 3);
(c) 
Five feet, when detached from any building on the site (see Unit 4);
(d) 
Eighteen feet from an outside boundary of the development site or a non-townhouse use; and
(e) 
Thirty-six feet between two different garages serving end units.
L. 
Townhouses on common property are permitted to utilize rear yard driveways and garages, if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, and comply with the following as depicted below:
(1) 
Such driveways must be arranged as a side-by-side, joint-use driveway with an adjoining townhouse (see Units 1-7);
(2) 
Such driveways must be set back at least:
(a) 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
(b) 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Unit 7); and
(c) 
Five feet from the closest point of any building other than a garage.
(3) 
No individual driveway shall be narrower than 20 feet;
(4) 
Garages must be attached to, and rely upon, a driveway as permitted above, and shall be no wider than 48 feet (see Units 3 and 4);
(5) 
Garages must be set back at least:
(a) 
Twenty feet from the alley right-of-way (see Unit 4);
(b) 
Twelve feet from any townhouse unit that is not directly attached to the garage (see Unit 5);
(c) 
Five feet, when detached from any building on the site;
(d) 
Twelve feet from any adjoining garage that does not share the same garage structure (see Units 2 and 3); and
(e) 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Unit 7).
M. 
Townhouses on individual lots are permitted to utilize front-yard driveways and garages, if:
(1) 
Such townhouses have garages contained on the ground floor of the unit;
(2) 
Such garages share the front wall on the same vertical plane as the townhouse unit;
(3) 
Such driveways are only connected to local roads;
(4) 
Such townhouses, garages and their driveways comply with the following as depicted below:
(a) 
Such driveways must extend entirely between the cartway of the adjoining local road and the garage contained within the townhouse unit (see Lots 1-7);
(b) 
Such driveway shall be at least 40 feet in length as measured from the street right-of-way line (see Lot 5);
(c) 
Such driveways must be set back at least:
[1] 
One foot from any side lot line (See inset on Lots 1 and 2);
[2] 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
[3] 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
[4] 
No individual driveway shall be narrower than 12 feet or wider than 14 feet.
N. 
Townhouses on common property are permitted to utilize front-yard driveways and garages, if:
(1) 
Such townhouses have garages contained on the ground floor of the unit;
(2) 
Such garages share the front wall on the same vertical plane as the townhouse unit;
(3) 
Such driveways are only connected to local roads;
(4) 
Such townhouses, garages and their driveways comply with the following as depicted below:
(a) 
Such driveways must extend entirely between the cartway of the adjoining local road and the garage contained within the townhouse unit (see Units 1-7);
(b) 
Such driveway shall be at least 30 feet in length as measured from the street right-of-way line (see Unit 5);
(c) 
Such driveways must be set back at least:
[1] 
Two feet from any other driveway and neighboring townhouse unit (See between Units 1 and 2);
[2] 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
[3] 
Twenty feet from a neighboring end unit or a non-townhouse use (see Unit 7); and
[4] 
No individual driveway shall be narrower than 12 feet or wider than 14 feet.
O. 
Townhouses on individual lots are permitted to utilize rear-yard driveways and garages, if:
(1) 
Such townhouses have garages contained on the ground floor of the unit;
(2) 
Such garages share the rear wall on the same vertical plane as the townhouse unit;
(3) 
Such driveways are only connected to alleys as regulated by § 194-26 of Chapter 194, Subdivision and Land Development; and
(4) 
Such townhouses, garages and their driveways comply with the following as depicted below:
(a) 
Such driveways must extend entirely between the alley and the garage contained within the townhouse unit (see Lots 1-7);
(b) 
Such driveway shall be at least 40 feet long as measured from the closest edge of the alley cartway (see Lot 4);
(c) 
Such driveways must be set back at least:
[1] 
One foot from any side lot line (See Lots 4 and 5);
[2] 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Lot 1);
[3] 
Twenty feet from the lot line of an end unit that abuts another end unit or a non-townhouse use (see Lot 7); and
[4] 
No individual driveway shall be narrower than 12 feet or wider than 14 feet.
(5) 
For units employing the above design, the minimum required front yard setback is reduced to 25 feet and the maximum permitted lot coverage is increased to 60%.
P. 
Townhouses on common property are permitted to utilize rear-yard driveways and garages, if:
(1) 
Such townhouses have garages contained on the ground floor of the unit;
(2) 
Such garages share the rear wall on the same vertical plane as the townhouse unit;
(3) 
Such driveways are only connected to alleys as regulated by § 194-26 of Chapter 194, Subdivision and Land Development;
(4) 
Such townhouses, garages and their driveways comply with the following as depicted below:
(a) 
Such driveways must extend entirely between the alley and the garage contained within the townhouse unit (see Units 1-7);
(b) 
Such driveway shall be at least 40 feet long as measured from the closest edge of the alley cartway (see Unit 4);
(c) 
Such driveways must be set back at least:
[1] 
Two feet from any other driveway and neighboring townhouse unit (See Inset on Units 1 and 2);
[2] 
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (see Unit 1);
[3] 
Twenty feet from a neighboring end unit or a non-townhouse use (see Unit 7); and
[4] 
No individual driveway shall be narrower than 12 feet or wider than 14 feet; and
(5) 
For units employing the above design, the minimum required front yard setback is reduced to 25 feet and the maximum permitted lot coverage is increased to 60%.
Access drives shall be provided in accordance with § 194-28 of Chapter 194, Subdivision and Land Development.
A. 
Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. All parking exclusively serving agricultural and/or forestry-related activities shall be exempt from off-street parking requirements. Off-street parking shall be provided whenever:
(1) 
A building is constructed or a new use is established;
(2) 
The use of an existing building is changed to a use requiring more parking facilities; and
(3) 
An existing building or use is altered or enlarged so as to increase the amount of parking space required.
B. 
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Additional regulations pertaining to driveways are contained in § 220-40 of this chapter.
C. 
Parking for all other uses.
(1) 
Site plan. Each application for a zoning permit (or a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required by § 194-30 of Chapter 194, Subdivision and Land Development.
[Amended 10-1-2008 by Ord. No. 2008-03]
(2) 
Schedule of required spaces. The following lists required numbers of automobile and oversized parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use.
[Amended 10-1-2008 by Ord. No. 2008-03]
COMMERCIAL USES
Type of Use
Minimum of One Automobile Parking Space for Each
Minimum of One Oversize Parking Space for Each
Automobile filling station
1/2 filling nozzle (i.e., 2 per nozzle) and 1 per employee on the largest shift
8 pumping nozzles
Automobile, truck, trailer, bus, and recreational vehicle repair, filling and washing facilities
400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage and one per employee on major shift
10,000 square feet of gross floor and ground area devoted to repair and service facilities
Automobile, boat, and trailer sales
1,000 square feet of gross indoor and outdoor display areas
10,000 square feet of gross indoor and outdoor display areas
Carpeting, drapery, floor covering, and wall covering sales
500 square feet of gross floor area
10,000 square feet of gross indoor and outdoor display areas
Convenience stores
75 square feet of gross floor area
1,000 square feet of gross floor area, or fraction thereof
Drive-through and/or fast-food restaurants
Two seats and one per each two employees
30 seats or fraction thereof
Food markets and grocery stores
150 square feet of gross floor area for public use and one per each employee on two largest shifts
5,000 square feet of gross floor area, or fraction thereof
Funeral homes
100 square feet of gross floor area, one per each employee, and one per each piece mobile equipment, such as hearses and ambulances
Funeral home
Furniture sales
500 square feet gross floor area
10,000 square feet of gross floor area, or fraction thereof
Hotels, motels
Guest sleeping room and one per each employee on two largest shifts; (restaurants and other accessory uses shall add to this requirement)
10 guest sleeping rooms, or fraction thereof
Mini-warehouses
25 units plus one per 250 square feet of office space, plus two per any resident manager
25 units, or fraction thereof
Nightclubs
Two seats plus one per each employee on site at one time
30 seats of legal occupancy or fraction thereof
Office buildings
300 square feet of gross floor area
10,000 square feet of gross floor area, or fraction thereof
Professional offices of veterinarians, physicians, dentists, etc.
Six spaces per each physician or dentist, etc.
10,000 square feet of gross floor area, or fraction thereof
Retail stores or shops (except those listed above)
200 square feet of gross floor area of display area or sales area and one per each employee on two largest shifts
5,000 square feet of gross floor area, or fraction thereof
Restaurants and taverns
Three seats plus one per each employee on largest shift
30 seats or fraction thereof
Shopping centers or malls
See § 220-121D of this chapter
5,000 square feet of gross floor area, or fraction thereof
Other commercial buildings
400 square feet of gross floor area
5,000 square feet of gross floor area, or fraction thereof
INDUSTRIAL USES
Type of Use
Minimum of One Automobile Parking Space for Each
Minimum of One Oversize Parking Space for Each
Industrial and heavy manufacturing establishments
Two employees on the two largest shifts or at least one space per each 1,000 square feet of gross floor area, whichever is the greatest number
10,000 square feet of gross floor area, or fraction thereof
Warehousing
Employee on the two largest shifts
10,000 square feet of gross floor area, or fraction thereof
RECREATION USES
Type of Use
Minimum of One Automobile Parking Space for Each
Minimum of One Oversize Parking Space for Each
Amusement arcades
80 square feet of gross floor area
30 persons of legal occupancy or fraction thereof
Athletic fields
Four seats of spectator seating; however, if no spectator seating is provided, an unimproved parking area shall be provided on the site. Such area must provide sufficient numbers of spaces to serve all users of the site, and include a means to control vehicular access so as not to cross neighboring properties.
1/2 field (i.e., 2 per field)
Bowling alleys, billiards rooms
1/4 lane/table (i.e., 4 per lane/table) and one per each two employees
100 persons of legal occupancy or fraction thereof
Campgrounds
Non-RV campsite, plus one per employee, plus 50% of the spaces normally required for accessory uses
RV campsite, plus 1 per 20 non-RV campsites or fraction thereof
Golf courses
1/4 hole (i.e., 4 per hole), plus one per employee, plus 50% of the spaces normally required for accessory uses
9 holes or fraction thereof
Golf driving ranges
One per tee and one per employee
20 tees or fraction thereof
Miniature golf courses
1/2 hole (i.e., 2 per hole) and one per employee
18 holes or fraction thereof
Riding schools or horse stables
Two stalls plus one per every four seats of spectator seating
Four stalls or fraction thereof
Picnic areas
Per table
20 tables or fraction thereof
Skating rinks
Four persons of legal occupancy
100 persons of legal occupancy, or fraction thereof
Swimming pools (other than one accessory to a residential development)
Four persons of legal occupancy
100 persons of legal occupancy, or fraction thereof
Tennis or racquetball clubs
1/4 court (i.e., 4 per court), plus one per employee plus 50% of the spaces normally required for accessory uses
10 courts or fraction thereof
RESIDENTIAL USES
Type of Use
Minimum of One Automobile Parking Space for Each
Minimum of One Oversize Parking Space for Each
Single-family detached dwellings, two-family conversions, and conversion apartments
1/2 dwelling unit (i.e., two spaces per dwelling unit)
See § 220-32 of this chapter
Boardinghouses, group homes, and bed-and-breakfasts
Bedroom
See § 220-32 of this chapter
Duplex, townhouse and multiple-family, dwellings
1/2 dwelling unit (i.e., two spaces per dwelling unit); such parking spaces can take the form of private driveways, or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served
See § 220-32 of this chapter
SOCIAL AND INSTITUTIONAL USES
Type of Use
Minimum of One Automobile Parking Space for Each
Minimum of One Oversize Parking Space for Each
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly
200 square feet, but not fewer than one space per each three seats
100 persons of legal occupancy, or fraction thereof
Clubs, lodges and other similar places
200 square feet of gross floor area and one per each employee on two largest shifts
30 persons of legal occupancy, or fraction thereof
Nursing, rest or retirement homes
Three accommodations (beds) in addition to those needed for doctors and support staff
100 persons of residency, or fraction thereof
Hospitals, sanitariums
Spaces shall be provided for visitors, at the rate of at least one space per each 1.5 accommodations (beds); such spaces shall be in addition to those necessary for doctors and other personnel
100 accommodations (beds), or fraction thereof
Museums, art galleries, cultural centers, libraries
400 square feet of gross floor area
100 persons of legal occupancy, or fraction thereof
Rehabilitation centers (without overnight accommodations)
One per each employee and per each three people anticipated to be handled through the facility
30 persons of legal occupancy, or fraction thereof
Schools below grade 10, including principal day-care and kindergarten
Six students enrolled
60 students enrolled, or fraction thereof
Schools, 10th grade and above, including colleges
Three students enrolled
40 students, or fraction thereof
Vocational training and adult education facilities
1.5 students enrolled
60 students enrolled, or fraction thereof
(3) 
Joint parking lots:
(a) 
In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed on the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores.
(b) 
Required parking spaces may be provided in parking lots designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall not be less than the total required separately for all such establishments or uses. However, where it can be conclusively demonstrated that one or more uses will be generating a demand for parking spaces, primarily during periods when the other use(s) is not in operation, the total number of required parking spaces may be reduced to:
[1] 
That required number of spaces that would be needed to serve the use generating the most demand for parking; plus
[2] 
Twenty percent of that number of required parking spaces needed to serve the use(s) generating the demand for lesser spaces;
[3] 
Each use must reserve sufficient land area on its respective site to accommodate required parking independently.
(4) 
Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:
(a) 
The sale, display or storage of automobiles or other merchandise;
(b) 
Parking/storage of nonpassenger vehicles accessory to the use;
(c) 
Performing services (including services to vehicles); nor
(d) 
Loading and unloading purposes, except during hours when business operations are suspended.
A. 
Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
(1) 
A new use is established;
(2) 
The use of a property or building is changed, and thereby requiring more loading space; or
(3) 
An existing use is enlarged, thereby requiring an increase in loading space.
B. 
Site plan. Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below. No zoning permit shall be issued for any use for which a loading area is required, unless the site plan has been approved or necessary variances have been approved.
[Amended 10-1-2008 by Ord. No. 2008-03]
C. 
Location. Except as provided elsewhere, a ground level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a (R-1, R-2, R-3, MHP, or VO) Zone. Off-street loading facilities shall be located on the face of a building not facing any adjoining land in a (R-1, R-2, R-3, MHP, or VO) Zone.
D. 
Design. All off-street loading spaces shall be provided in accordance with § 194-31 of Chapter 194, Subdivision and Land Development.
E. 
Sizes. The following lists required minimum loading space sizes (excluding access drives, entrances and exits):
Facility
Length
Width
Height
(if Covered or Obstructed)
Industrial, wholesale and storage uses
65 feet
12 feet
15 feet
All other uses
33 feet
12 feet
15 feet
F. 
Schedule of Required Loading Spaces:
[Amended 10-1-2008 by Ord. No. 2008-03]
Type of Use
Number Spaces Per
Gross Floor Area/Dwelling Unit
Hospital or other institution
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Hotel, motel and similar lodging facilities
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Industry or manufacturing
None
First 2,000 square feet
1.0
2,000 to 25,000 square feet
+1.0
Each additional 40,000 square feet (or fraction)
Multifamily dwelling
None
Less than 100 dwelling units
1.0
100 to 300 dwelling units
+1.0
Each additional 200 dwelling units (or fraction)
Office building, including banks
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Planned centers
To be determined through the addition of all loading spaces required for each separate use within the planned center
Retail sales and services, per store, and restaurants
None
First 2,000 square feet
1.0
2,000 to 10,000 square feet
2.0
10,000 to 40,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Shopping centers
See § 220-121 of this chapter
+1.0
Each additional 100,000 square feet
Theater, auditorium, bowling alley, or other recreational establishment
None
First 10,000 square feet
1.0
10,000 to 100,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Undertaking establishment or funeral parlor
None
First 3,000 square feet
1.0
3,000 to 5,000 square feet
+1.0
Each additional 100,000 square feet (or fraction)
Wholesale or warehousing (except mini-warehousing)
None
First 1,500 square feet
1.0
1,500 to 10,000 square feet
+1.0
Each additional 40,000 square feet (or fraction)
A. 
Yard ground cover. Any part of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover approved by the Board of Supervisors (e.g., grass, mulch, ivy, pachysandra, etc.). In addition, gravel can be substituted if done in a manner to complement other vegetative materials. It shall be maintained to provide an attractive appearance, and all nonsurviving plants shall be replaced promptly.
B. 
Landscaping requirements.
(1) 
Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.
(2) 
For each 750 square feet of required area for landscape strips, one shade/ornamental tree shall be provided. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard.
C. 
Screening. The following materials may be used: evergreens (trees, hedges or shrubs), walls, fences, earth berms, or other approved similar materials. Fences and walls shall not be constructed of corrugated metal, corrugated fiberglass or sheet metal. Screening shall be arranged so as to block the ground level views between grade, and a height of six feet. Landscape screens must achieve this visual blockage within two years of installation.
D. 
Selection of plant materials.
(1) 
Trees and shrubs shall be typical of their species and variety; have normal growth habits, well-developed branches, dense foliage, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.
(2) 
Any tree or shrub which dies shall be replaced so as to maintain ground cover and/or screening. All landscaping and screening treatments shall be properly maintained.
[Amended 12-5-2007 by Ord. No. 2007-08; 10-1-2008 by Ord. No. 2008-03]
A. 
General regulations for all signs.
(1) 
Signs must be constructed of durable material and maintained in good condition;
(2) 
No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings;
(3) 
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises or endangers public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign be made safe or removed within five days;
(4) 
Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply;
(5) 
Each sign shall be removed when the circumstances leading to its erection no longer apply;
(6) 
Signs must be positioned so that they do not interfere with any clear sight triangle;
(7) 
Determination of size. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-faced sign, if the interior angle formed by the two faces of the double-faced sign is less than 45°, and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included;
(8) 
No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, but not limited to:
(a) 
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;
(b) 
Scenes wherein a person displays the vulva or the anus or other genitals;
(c) 
Scenes wherein artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above; and
(d) 
Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.
(9) 
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape;
(10) 
No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger;
(11) 
No sign shall be permitted within the right-of-way of any street;
(12) 
No sign located within any floodplain shall exceed six square feet of area per side;
(13) 
In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area;
(14) 
Except in the cases of billboards, as regulated by § 220-45B, and off-premises signs, as regulated by § 220-45B, only those signs referring directly to materials or products made, sold or displayed on the premises, to services offered on the premises, and/or to activities conducted on the premises, shall be permitted;
(15) 
Banners, ribbons pennants, or other similar materials shall not be permitted to be located on any building, structure (including signs) or on the premises;
(16) 
Except in the case of billboards and school bus shelters, all signs must relate to a use or activity that is located and/or conducted within East Cocalico Township;
(17) 
All signs, except permitted temporary signs as specifically regulated by this § 220-45, shall be affixed at a permanent and stationary location.
(18) 
No advertising sign shall contain lighting that is not shielded, and any lighting shall be of such low intensity as not to cause glare or impair the vision of the operator of any motor vehicle. The brightness of a sign can be no more than 0.5 footcandles per square foot of display area.
(19) 
No advertising display or device shall be illuminated by any rapid flashing, intermittent light, scrolling, or motion lights.
(20) 
No regulation contained within this chapter shall be interpreted to prevent the display of a flag of the state or federal government.
(21) 
The lighting of new, or relighting of existing, billboards and signs shall be subject to the following requirements:
(a) 
Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded, so there is no direct light transmitted to other properties or public rights-of-way;
(b) 
Except in the case of dynamic message displays as defined and regulated herein, no sign shall be of the intermittent-flashing or rotating type;
(c) 
No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or neon tubing;
(d) 
All electrically illuminated signs shall be constructed to the standard and listing of the Underwriters Laboratories, Inc.(UL). All electrical devices and wiring shall be installed in accordance with the International Code Council (ICC) Electrical Code and the National Fire Protection Association, National Electrical Code, (NFPA 70).
(e) 
Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto the billboard or sign and not to project their output into the windows of neighboring residences, adjacent uses, past the face of the billboard or sign, skyward or onto a public roadway. Lighting shall be by linear fluorescent sources.
(f) 
The light source for internally illuminated signs and billboards shall not exceed. 1,000 initial lumens per square foot of sign face.
(g) 
The illumination of billboards shall be limited to the (C), (I-1) and (I-2) Zones, and the illumination of billboards within 500 feet of a residential use or (R), (R-1), (R-2), (R-3), (MHP), (MR) and/or (VO) Zone shall not be permitted.
(h) 
Except as superseded by § 220-45A(21)(c) of this chapter, the maximum illumination on the face of an externally illuminated billboard or sign shall not exceed 30 footcandles and shall have a maximum to minimum uniformity ratio not to exceed 6:1.
(i) 
Rotating, traveling, pulsing, flashing, or oscillating light sources, lasers, beacons, or strobe lighting shall not be permitted except within the (I-2) Zone and not within 500 feet of a signalized traffic intersection, a residential use or any (R), (R-1), (R-2), (R-3), (MHP), (MR) and/or (VO) Zone.
(j) 
The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.
(k) 
Applications for the lighting or relighting of signs and billboards shall be accompanied by a point-by-point plot of illuminance on the sign or billboard face, catalog cuts of proposed fixtures and any glare-reduction devices and a description of lamps, mounting locations, aiming angles and proposed hours of operation and method for automatically extinguishing the lighting.
(l) 
The light from any illuminated sign shall not adversely affect the vision of operators of vehicles moving on public or private streets or parking areas, any (R), (R-1), (R-2), (R-3), (MHP), (MR) and/or (VO) Zone, or property used for residential purposes.
(m) 
No lighting shall be permitted to outline signs or parts thereof through the use of exposed neon tubing, strings of lights, or other means with the exception of customary holiday decorations, which may be installed 30 days prior to and removed not later than 21 days after the holiday.
(n) 
Business signs in other than (C-1), (C-2), (I-1) and/or (I-2) Zones shall not be illuminated when the business is closed.
(22) 
Dynamic message display signs. Signs incorporating dynamic message displays, as defined herein, shall not be permitted except within the (C-1, C-2, I-1 and I-2) Zones and not within 500 feet of:
(a) 
A signalized traffic intersection;
(b) 
The intersection of Hill Road and Pennsylvania Route 272;
(c) 
The intersection of Muddy Creek Road and Pennsylvania Route 272;
(d) 
The intersection of Kurtz Road and Pennsylvania Route 272;
(e) 
A residential use; and/or
(f) 
Any (R), (R-1), (R-2), (R-3), (MHP), (MR) and/or (VO) Zone; and shall comply with the following requirements:
[1] 
Dynamic message display sign size. The dynamic message display sign may not exceed 50% of the total sign area.
[2] 
Brightness. All electronic message signs must be equipped with automatic day/night dimming capabilities. At nighttime, the sign must be displayed in red and its brightness shall not exceed 0.5 foot candles per square foot of display area.
[3] 
Such signs shall employ sufficient size lettering and/or symbols for immediate recognition;
[4] 
Such signs shall display simple and static messages for immediate recognition. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning;
[5] 
Such signs shall use instantaneous transitions from one message display cycle to the next with no blankouts, scrolling, fading, streaming, zooming, flashing or any other animated effect.
[6] 
Each message display cycle shall comply with the following minimum time standards based upon the lowest speed limit of the road travel lane from which the sign is visible:
Required Minimum Message Display Cycles
(seconds)
Speed Limit
(miles per hour)
Total Dynamic Message Display Sign Area With up to 64 Square Feet
Total Dynamic Message Display Sign Area With Between 64 and 300 Square Feet
Total Dynamic Message Display Sign Area With More Than 300 Square Feet
25
17 seconds
28 seconds
56 seconds
30
14 seconds
24 seconds
48 seconds
35
12 seconds
20 seconds
40 seconds
40
11 seconds
18 seconds
36 seconds
45
10 seconds
16 seconds
32 seconds
50
9 seconds
14 seconds
28 seconds
55+
8 seconds
12 seconds
24 seconds
[7] 
Community service. All dynamic message display sign owners must use at least 20% of the operating time per eight-hour cycles for community service (i.e., time, temperature, and school closing, weather, nonprofit, announcements). All owners must notify Amber Alert and register its location for use as needed.
[8] 
Temporary message signage. All property owners utilizing a dynamic message display sign must remove all exterior promotional banners and sandwich board signs, and may not use any temporary signage.
B. 
Specific standards. The following tables[1] present specific standards imposed upon permanent and temporary signs, respectively. However, it is noted that the total number of permitted signs and the total sign area vary for properties that conform with the Township's Corridor Assessment Policy. See § 220-60 of this chapter for additional information.
[1]
Editor's Note: The tables of sign requirements are included as attachments to this chapter.
C. 
All signs requiring the obtainment of a permit (as listed in the preceding tables) shall be required to submit zoning permit applications that include scaled plans or diagrams showing the following:
(1) 
Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected;
(2) 
Exact size, dimensions and location of the said sign on the lot or building together with its type, construction, materials to be used, and the manner of installation; and
(3) 
Any other lawful information which may be required of the applicant by the Zoning Officer.
D. 
Application for permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign or the proposed alterations conform to all the requirements of this chapter; and
E. 
No sign permit shall be issued except in conformity with the regulations of this chapter except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
Notes
AMENDMENT:
Created: 2015-08-07|Updated: 2015-08-07
RESOLUTION 2013-07 (amended 1-16-2013 by Ord. No. 2013-01): Functional roadway classification in the Transportation Impact Fee Program Roadway Sufficiency Analysis. [LINK TO LATEST AMENDMENT]
[Amended 1-16-2013 by Ord. No. 2013-01]
For purposes of this chapter, the roads within the Township shall be classified in accordance with the functional roadway classification in the Transportation Impact Fee Program Roadway Sufficiency Analysis.[1]
[1]
Editor's Note: Specific road designations were removed from this section. For current designations, see Exhibit A to the East Cocalico Township Roadway Sufficiency Analysis, added 8-7-2013 by Res. No. 2013-07.
A. 
Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwaters. Such determinations will be made by the PA DEP, through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection.
B. 
All on-lot sewers must comply with Township Ordinances Nos. 1999-02 and 1992-05,[1] and PA DEP Title 25, Chapters 71, 72 and 73.
[1]
Editor's Note: These ordinances were repealed 8-6-2003 by Ord. No. 2003-02. See now Ch. 172, Sewers, Art. V.
All uses proposed within East Cocalico Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended. The following lists known governmental regulations associated with various land use impacts or specific requirements imposed by this chapter. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
A. 
Noise.
(1) 
Except for agricultural, horticultural and forestry-related uses, no use shall regularly generate exterior noise levels in excess of those listed in the following table:
Measurement Taken Along an Adjoining Property Within the Following Districts
Time Period
Maximum Permitted Noise Level
A, C, R, R-1, R-2, R-3, MHP, and VO
7:00 a.m. to 10:00 p.m.
50 dBA
A, C, R, R-1, R-2, R-3, MHP, and VO
10:00 p.m. to 7:00 a.m.
45 dBA
C-1 and C-2
7:00 a.m. to 10:00 p.m.
60 dBA
C-1 and C-2
10:00 a.m. to 7:00 a.m.
55 dBA
I-1 and I-2
Anytime
70 dBA
(2) 
Should the ambient noise level at any location exceed the above standards, that ambient noise level shall become the maximum permitted noise level at that location. The maximum permitted noise level shall be applied to regularly occurring uses and activities; short-term temporary noises and infrequent instantaneous noises may be permitted at noise levels 20 dBA higher than the above-described standards, but only between 7:00 a.m. and 10:00 p.m.
B. 
Glare and light.
(1) 
All on-site lighting shall be provided within the following ranges for periods when the use is in operation and shall be, except as noted in § 220-48B(2), otherwise extinguished between the hours of 10:00 p.m. and 6:00 a.m.:
On-Site Area
Range of Required Illumination
Roadside sidewalks and bikeways (without stairways and/or tunnels)
0.2 to 0.9 footcandles
Freestanding sidewalks, paths and bikeways (without stairways and/or tunnels)
0.5 to 0.8 footcandles
Sidewalk, path and bikeway stairways and/or tunnels
20 to 50 footcandles
Playgrounds, parks and athletic courts/fields where on-site lighting is required
5.0 to 30 footcandles
Off-street loading areas
2.0 to 20 footcandles
Off-street parking areas
0.5 to 2.0 footcandles
Building facades, monuments, fountains, signs, architectural features, and similar objects
0 to 15 footcandles
Building entries for public, quasi-public, commercial, and industrial uses
1.0 to 5.0 footcandles
(2) 
In all zones, exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged, and of sufficient illumination, to enable the detection of suspicious movement, rather than the recognition of definitive detail. For security lighting of grounds and parking lots, the level of illumination shall not exceed one footcandle. Security lighting for buildings/structures shall be directed toward the face of the building/structure, rather than the area around it, and shall not exceed five footcandles.
(3) 
In all zoning districts, all exterior lighting provided in conjunction with any nonresidential or nonfarm use shall be hooded and/or screened so as not to permit the source of illumination nor lenses to be seen from off of the premises.
(4) 
Adequate lighting shall be provided in parking lots and loading areas that will be used at night. The primary lighting sources shall be pole-mounted fixtures, not building-mounted fixtures. The maximum height of lighting standards shall not exceed the maximum permitted height of principal buildings or 20 feet whichever is less.
C. 
Air pollution, airborne emissions and odor: "Rules and Regulations" of the Pennsylvania Department of Environmental Protection.
D. 
Water pollution: the Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. § 691.1, as amended.
E. 
Workplace safety: the General Safety Law, No. 174, P.L. 654, and Regulations of the Pennsylvania Department of Labor and Industry.
F. 
Handicap access: the latest version of the Americans With Disabilities Act.
In those instances where open space is required elsewhere in this chapter, or when an applicant proposes the use of open space, such open space shall comply with § 194-50 of Chapter 194, Subdivision and Land Development.
A traffic impact report shall be required in accordance with § 194-14E(4) of Chapter 194, Subdivision and Land Development, and as required elsewhere within this chapter.
All agricultural uses shall comply with the Pennsylvania "Nutrient Management Act" of 1993, as may be amended.[1]
[1]
Editor's Note: Said Act was repealed 7-6-2005 by P.L. 112, No. 38. See now 3 Pa.C.S.A. § 501 et seq.
All uses relying upon on-lot wells shall comply with the East Cocalico Township Well Drilling Ordinance.
A. 
Within any zone, the use of flag lots is permitted for public uses, public utilities and minor municipal service or utility facilities, and within the (A) Zone the use of residential flag lots is permitted only when it will enable the preservation of some important natural and cultural feature (as defined herein), which would otherwise be disturbed by conventional lotting techniques (for an applicant to qualify for the use of flag lots, the proposed development plan must successfully incorporate said important natural and/or cultural features onto one lot which will be subject to protection under § 220-49 of this chapter and § 194-50 of the SLDO ); better preserve prime farmlands and/or an agricultural operation which would otherwise be disturbed by conventional lotting techniques; and result in the retention of a farm with at least 20 acres.
[Amended 10-1-2008 by Ord. No. 2008-03]
(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.
[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 preceding 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 28 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 six feet from any adjoining property line, and 20 feet from any existing structures on the site or any adjoining property;
(e) 
No pole shall be located within 200 feet of another on the same side of the street, unless an adjoining pole utilizes a joint-use driveway, regulated as follows.
B. 
Joint-use driveways.
(1) 
When one or more flag-lots are proposed, such lots may rely upon a joint-use driveway for vehicular access;
(2) 
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;
(3) 
All joint-use driveways shall have a minimum cartway width of 16 feet; and
(4) 
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. A sample easement is contained in Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A. 
No property shall be developed, used or maintained in a state that creates litter, either on the property or upon any adjoining properties and/or roads.
B. 
Any property containing litter on the effective date of this chapter shall be considered nonconforming. Such litter may continue for a period not to exceed 10 days from the effective date of this chapter. After the ten-day period, such litter shall be removed by the owner.
C. 
Should any property or use be conducted or maintained in a condition that causes repeated litter complaints or violations, the owner shall be required, upon the instruction of the Zoning Officer, to prepare and implement a working plan for the cleanup of such litter as a condition of zoning compliance.
All principal commercial, industrial, institutional, and health-care related uses shall be required to provide detailed information regarding materials and waste handling, including:
A. 
Listing of all materials to be used and/or produced on the site;
B. 
Listing of all wastes generated on the site; and
C. 
Written evidence that the storage, treatment, processing, transfer, and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, county, and Township requirements, including, but not limited to, the following:
(1) 
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101);
(2) 
The Pennsylvania Solid Waste Management Act (Act 97);
(3) 
The Federal Emergency Management Act;
(4) 
The Federal Superfund Amendment and Reauthorization Act;
(5) 
The Pennsylvania Hazardous Materials Emergency Planning and Response Act; and
(6) 
The Pennsylvania Low-Level Radioactive Waste Disposal Act.
A. 
Shopping cart storage. For grocery stores, or other stores containing grocery departments, the outdoor storage and collection of shopping carts is permitted under the following conditions:
(1) 
Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks, or under a canopy) and/or within the parking lot;
(2) 
In no case shall such designed shopping cart storage and collection areas be located upon any facilities used for vehicle circulation, parking, and loading, nor emergency vehicle access (e.g., fire lanes);
(3) 
Such shopping cart storage and collection areas shall be situated so as to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the storefront;
(4) 
Signage for such shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site informational signs, as regulated by § 220-45 of this chapter; and
(5) 
The applicant shall submit a working plan for the collection of shopping carts from the parking lot. Also, the applicant shall be required to depict intended shopping cart storage and collection areas upon any permits and/or plans required by the Township. No additional permits shall be required, unless such areas change location or size.
B. 
Seasonal sidewalk displays.
(1) 
Only seasonal merchandise (excluding fireworks of all classes) may be displayed, and shall be limited to the calendar periods between April 1 and October 1, and November 25 and January 5, of each year.
(2) 
The location of such outdoor displays shall be limited to sidewalks, under canopies, or other areas immediately in front of the building's storefront. The stacking and/or display of such items shall be arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the storefront.
(3) 
In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, parking, and loading, nor emergency vehicle access (e.g., fire lanes).
(4) 
In no case shall such sidewalk display area exceed 75% of the lineal storefront dimension. (For example, a two hundred-foot-long storefront could display no more than 150 lineal feet of a sidewalk display.)
(5) 
No signage, except as authorized by § 220-45 of this chapter, shall be permitted.
(6) 
The applicant shall submit a working plan to the Township for the cleanup of litter and debris which may result from such outdoor display. Also, the applicant shall depict intended sidewalk display areas upon any permits and/or plans required by the Township. No additional permits shall be required, unless such area is to change location or size.
C. 
Special event sales.
(1) 
In addition to the above, two special event sales shall be permitted per calendar year. Such special event sales shall be limited to no more than a total of 30 days per calendar year. The sales of fireworks of all classes shall be expressly prohibited.
(2) 
Special event sales displays shall be located no closer than 45 feet from an adjoining road, nor 10 feet from any side or rear lot lines.
(3) 
Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot, and those access drives that provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 220-42C of this chapter.
(4) 
Special event sales shall only be operated between the hours of dawn to 9:00 p.m.
(5) 
The area devoted to special event sales displays shall not exceed 20% of the gross leasable floor area of the uses(s) conducting the special event sale.
(6) 
All uses conducting a special event sale shall be responsible for the ongoing cleanup of litter and debris. Also, no exterior public address nor lighting systems shall be used which produce impacts beyond the subject property.
(7) 
Signage for special event sales shall comply with the applicable requirements contained within § 220-45 of this chapter.
A cell site with an antenna that is attached to an existing communication tower, smoke stack, water tower, farm silo, or other tall structure is permitted in all zones, provided that:
A. 
The height of the antenna shall not exceed the height of the existing structure by more than 10 feet.
B. 
All other uses associated with the cell site antenna, such as a business office, maintenance depot or vehicle storage, shall not be located on the cell site, unless the use is otherwise permitted in the zone in which the cell site is located.
[Amended 10-1-2008 by Ord. No. 2008-03; 6-19-2014 by Ord. No. 2014-05]
In accordance with state law, forestry (as defined herein) uses are permitted, by right, in every zone, subject to the following standards:
A. 
Timber harvesting plan requirements.
(1) 
Every landowner on whose land timber harvesting is to occur shall obtain a building permit, as required by this chapter. In addition to the building permit requirements listed in § 220-148 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 building 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 building permit. All timber harvesting operations will be conducted only in accordance with this chapter and the approved timber harvesting plan.
(a) 
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.
(b) 
Site plan. Each timber harvesting plan shall include a scaled drawing containing the following information:
[1] 
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;
[2] 
Significant topographic features related to potential environmental problems;
[3] 
Location of all earth disturbance activities, such as roads, landings and water-control measures and structures;
[4] 
Location of all wetlands and floodplains, as defined herein;
[5] 
Location of all crossings of waters of the commonwealth; and
[6] 
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(c) 
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.
(d) 
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:
[1] 
Erosion and sedimentation control regulations contained in Title 25, Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.); and
[2] 
Stream crossing and wetlands protection regulations contained in Title 25, Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(e) 
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 Title 25, Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the timber harvesting plan and associated maps specified in § 220-58A of this chapter, provided that all information required by this section is included or attached.
(f) 
Compliance with Township Stormwater Management Ordinance. The application must provide written evidence of compliance with Chapter 185 of the Code of the Township of East Cocalico.
(g) 
Required marking of trees. At least 48 hours before any permitted timber harvesting operation begins, all trees that are at least six inches in diameter as measured 4 1/2 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.
(h) 
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.
(i) 
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 treetops or slash shall be left within 50 feet of any public street, private roadway providing access to any adjoining residential property or R-1, R-2, R-3, MHP, VO and MR Zones, adjoining property or designated trail; or within 10 feet of any natural or artificial swale or drainage ditch. All treetops 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 treetops 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 Title 25, Pennsylvania Code, Chapter 102, 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 watercourses
50
Designated trails
25
Springs, vernal ponds, seeps, natural or artificial swales 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.
(j) 
Responsibility for road maintenance and repair, road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49, and Title 67, 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.
(k) 
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 ensure and require compliance with the plans for said operation as finally approved and all of the terms and provisions of this chapter.
Any use that involves the addition of 1,000 or more square feet of impervious cover, and is not considered a land development under the terms of Chapter 194, Subdivision and Land Development, shall be required to prepare, submit and abide by a stormwater management plan in accordance with Chapter 185, Stormwater Management. Information submitted for this stormwater management plan shall be in accordance with the standards listed in § 194-14E(3) of Chapter 194, Subdivision and Land Development.
A. 
Upon sites that have frontage with principal vehicular access via the new feeder road and frontage along PA Route 272, the minimum front yard building setback line from PA Route 272 shall be reduced to 20 feet. This area shall only be devoted to a required landscape strip, permitted signs, right-turn-in and right-turn-out access drives and a required sidewalk in accordance with § 194-32 of Chapter 194, Subdivision and Land Development.
B. 
Upon sites that have frontage with principal vehicular access via the new feeder road and frontage along PA Route 272, the front yard contained between any building and the new feeder road may be used for locating off-street parking spaces, off-street loading spaces, and outdoor storage, provided these are set back at least 10 feet from the street right-of-way.
C. 
Upon sites that have frontage with principal vehicular access via the new feeder road and frontage along PA Route 272, any use shall be permitted twice the number of signs and 1.5 times the permitted total sign area, as allowed in § 220-44 of this chapter, provided:
(1) 
At least one business sign is oriented to each road frontage; and
(2) 
No more than 2/3 of the permitted total sign area is oriented to either road frontage.
[Added 2-15-2006 by Ord. No. 2006-03]
Minor municipal services or utility facilities shall be a permitted use in all zoning districts subject to the following criteria:
A. 
The facility and any associated use shall not result in more than an average of 10 vehicle trips per day.
B. 
The facility shall be unoccupied.
C. 
The total combined footprint of all buildings associated with the minor municipal services or utility facilities site shall not exceed 12,000 square feet.
D. 
This use shall not be required to meet minimum lot area, minimum lot width, or maximum lot coverage requirements of the zoning district.
E. 
Any building associated with such a facility shall not be required to meet the minimum setback requirements of the zoning district in which it is located and shall not have to comply with any residential buffer strips but shall have a front and rear yard setback of 10 feet for buildings 15 feet or less in height, and a front, side and rear yard setback equivalent to the height of the building for any buildings greater than 15 feet in height measured from any property line or easement boundary.
F. 
Any paved surface other than a driveway, shall be set back at least 10 feet from any property line or easement boundary.
G. 
Two off-street parking spaces shall be provided. No off-street loading facilities shall be required.
H. 
A ten-foot-wide landscaped strip shall be provided around the perimeter of the property or leased area, except for driveways.
I. 
All such facilities shall be accessed by a driveway which meets the standards of § 220-40, except for the requirements of § 240-40B or F.
J. 
All such facilities shall not be required to comply with the regulations of § 220-43 of the chapter relating to the off-street loading requirements.