Township of East Cocalico, PA Article IV Specific Use Criteria

§ 220-61 Specific criteria for permitted uses, special exceptions and conditional uses.

[Amended 10-1-2008 by Ord. No. 2008-03]

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

B. Permitted uses. For uses permitted by right, these standards must be satisfied prior to approval of any application for a land development (when applicable) and/or a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

C. Special exceptions. For uses permitted by special exception, in addition to the general criteria listed in § 220-142C(2) which are hereby specifically incorporated herein, this article sets forth standards that shall be applied to each respective special exception. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board. The applicant shall be required to demonstrate compliance with these general criteria and specific standards and must furnish whatever evidence is necessary to demonstrate such compliance.

D. Conditional uses. For uses permitted by conditional use, in addition to the general criteria listed in § 220-151B which are hereby specifically incorporated herein, this article sets forth standards that shall be applied to each respective conditional use. These standards must be satisfied prior to approval of any application for a conditional use by the Board of Supervisors. The applicant shall be required to demonstrate compliance with these general criteria and specific standards and must furnish whatever evidence is necessary to demonstrate such compliance.

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

§ 220-62 Adult-related uses.

Within the (I-2) Zone, adult-related uses are permitted by special exception, subject to the following criteria:

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

B. No adult-related use shall be located within 600 feet of any land within the (R, R-1, R-2, R-3, MHP, or VO) Zones;

C. No establishment shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child-care facility;

(4) Church or other similar location for religious congregation;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) School; or

(10) Other lands where minors congregate;

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

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

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

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

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

I. No adult-related use may change to another adult-related use, except upon approval of an additional conditional use;

[Amended 2-7-2007 by Ord. No. 2007-02]

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

K. No unlawful sexual activity or conduct shall be permitted; and

L. No more than one adult-related use may be located within one building and no adult-related use is permitted within a shopping center or planned center.

[Amended 10-1-2008 by Ord. No. 2008-03]

§ 220-63 Airports/heliports.

Within the (A) Zone, airports/heliports are permitted by conditional use, and within the (I-1 and I-2) Zones, heliports are permitted by conditional use, subject to the following criteria:

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

B. The applicant shall furnish evidence of the acquisition of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application; and

C. No part of the take-off/landing strip and/or pad shall be located nearer than 300 feet from any property line.

§ 220-64 Amusement and/or theme parks.

Within the (C-2) Zone, amusement and/or theme parks are permitted by conditional use, subject to the following criteria:

A. Amusement and/or theme parks may include any of the following uses, provided that each use is sized, designed and located to only serve employees and guests of the park; relies upon the circulation and parking facilities of the park; has signage that is oriented to those employees and guests of the park, except as permitted in § 220-45 of this chapter; and is owned, operated and maintained by the park:

(1) Museums, including tours of historic properties;

(2) Public parks, playgrounds and recreational facilities;

(3) Public or private conservation areas for uses for the conservation of open space, water, soil, and wildlife resources, including state or county-sponsored agricultural and/or conservation districts;

(4) Zoo;

(5) Lodging for guests and employees;

(6) Riding stables and related facilities (but not including horse racing);

(7) Arboretums;

(8) Commercial tennis, racquetball and similar facilities, whether indoors or outdoors;

(9) Agricultural, horticultural and forestry-related uses, as regulated by § 220-12 of this chapter;

(10) Hotels and motels;

(11) Bed-and-breakfasts;

(12) Fast-food restaurants and snack bars;

(13) Amusement arcades;

(14) Public or private utility service structures;

(15) Public or nonprofit fire services or public or nonprofit emergency services;

(16) Indoor or outdoor theaters and auditoriums;

(17) Information centers;

(18) Campgrounds in accordance with the requirements listed in § 220-73 of this chapter;

(19) Taverns, restaurants and nightclubs;

(20) Amusement exhibits and rides;

(21) Miniature golf courses;

(22) Sports and/or amusement arenas;

(23) Retail sales and/or rental of goods and services provided that such sales or rentals are related to or accessory to any of the commercial recreation uses listed above;

(24) Health and fitness clubs; and

(25) Accessory uses customarily incidental to the above permitted uses.

B. Special review process. Prior to the issuance of a zoning permit for any of those uses permitted under § 220-64A, the applicant must comply with the following two-stage review process:

[Amended 10-1-2008 by Ord. No. 2008-03]

(1) Stage 1: Concept master plan. Prior to, or coincidental with, the approval of a land development for any use or development, the applicant shall submit a concept master plan for conditional use approval by the Board of Supervisors in accordance with § 220-151 of this chapter. The requirements of this § 220-64 shall be used as the specific criteria for evaluating the conditional use application. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(a) The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use;

(b) The types and mixture of uses proposed of the land to be included within the proposed use (a schematic drawing of proposed use types shall be provided);

(c) The road network contained upon the land to be included within the proposed use including major points of access, intersections and any traffic improvements proposed to accommodate the proposed use;

(d) The name, location, center line and present right-of-way width of all abutting streets;

(e) Physical characteristics of the site, including:

[1] Areas with slopes exceeding 15%;

[2] One-hundred-year floodplains;

[3] Alluvial soils, wetlands, ponds, and streams;

[4] Sinkholes, caves, vistas, or other significant geologic features;

[5] Endangered or threatened species habitats;

[6] Archaeological resources;

[7] Historic sites; and

[8] Significant stands of mature trees;

(f) Any regional facilities that are proposed and will serve more than one lot/use within the proposed development; examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, and wastewater or water facilities; and

(g) Other information illustrating that the basic concept of the proposed uses are well-integrated, functional, efficient and attractive.

(2) Stage 2: Site development plan. As part of the granting of a zoning permit for a use proposed and contained in the concept plan, the Zoning Officer shall review a site plan submitted by the applicant to determine that it complies with the approved concept master plan, and any applicable regulation. Upon determining compliance, the Zoning Officer shall issue the permit. Upon determining noncompliance, the Zoning Officer may reject the permit for cause and/or may require additional review by other Township officials or their agents. Such site plan shall include, but not be limited to, the following:

[Amended 10-1-2008 by Ord. No. 2008-03]

(a) Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter; and

(b) A textual and graphic description of how the proposed use(s) complies with the concept master plan approved for the proposed development, plus any conditions of approval attached to the grant of the concept master plan.

C. Minimum lot area requirement. Unless otherwise specified, the permitted uses shall have a minimum lot size of 25 acres. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that functions as one development site and satisfies all of those requirements imposed upon this zone;

D. Minimum lot width: 500 feet;

E. Minimum lot depth. 1,000 feet;

F. Off-street parking.

(1) Off-street parking spaces shall be provided at the rate equal to that required by § 220-42 of this chapter. For parks that require more than 300 off-street parking spaces, up to 50% of the total number of spaces can be provided in a dust-free, nonpaved surface if:

(a) The applicant can adequately demonstrate that a maintenance plan will be employed that prevents excessive dust and erosion; and

(b) Adequate measures will be employed to prevent the spreading of mud onto adjoining roads;

(2) No direct access between a nonpaved parking lot and an adjoining road shall be permitted. The applicant shall be required to demonstrate those measures that will be employed to prevent vehicles from crossing and/or parking on adjoining properties that are not part of the park;

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

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

I. Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy, unless there is qualified evidence that there is sufficient emergency rescue capabilities available for the desired height from the "first-due" fire company;

J. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, litter, dust, and pollution. All noise and lighting shall comply with § 220-48 of this chapter;

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

L. An amusement/theme park shall be permitted to construct one interchange business sign as per § 220-45B of this chapter, if the subject property abuts an interchange of Routes I-76 or PA 222; and

M. Any use involving the keeping of wild and/or dangerous animals shall require the submission of qualified expert testimony that demonstrates sufficient care for, and containment of, such animals.

§ 220-65 Amusement arcades.

Within the (C-1) Zone, amusement arcades are permitted by special exception, subject to the following criteria:

A. All activities shall take place within a completely enclosed building;

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

C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided; in addition, any accessory uses (e.g., snack bar) shall also require one parking space per two seats, plus one parking space for each two employees; and

D. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 220-66 Any industrial use not permitted elsewhere within chapter.

Within the (I-2) Zone, any industrial use not permitted elsewhere within this chapter is permitted by special exception, subject to the following criteria:

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

(1) The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. Evidence shall be provided 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 the county, which have been contracted to dispose of the materials and wastes used, or generated, on-site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect, and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section;

[Amended 10-1-2008 by Ord. No. 2008-03]

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

(3) Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances;

(4) A traffic impact report prepared in accordance with § 220-50 of this chapter.

§ 220-67 Automobile auctions and/or automobile parking/storage compounds.

Within the (I-1) Zone, automobile auctions and/or automobile parking or storage compounds shall be permitted by conditional use, subject to the following criteria:

A. Any site used for the sale, parking and/or storage of more than 150 vehicles shall front solely upon collector or arterial roads;

B. All exterior areas used for the sale, parking and/or storage of automobiles shall be completely enclosed by a six-foot-high fence, which shall be subject to the zone's setback requirements imposed upon off-street parking lots;

C. Access drives shall be governed by § 194-28 of Chapter 194, Subdivision and Land Development, for a distance of 100 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle sales, parking or storage shall not be governed by § 194-30 of Chapter 194, Subdivision and Land Development; however, all areas shall include a nonpaved, all-weather, dust-free surface;

D. Vehicles may be parked and/or stored in a horizontally stacked configuration; however, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive;

E. All lighting shall be designed and constructed so as to comply with § 220-48 of this chapter;

F. In addition to the preceding requirements, automobile auctions shall comply with the following:

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

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

(3) Any exterior, amplified public address system shall be arranged and designed so as to comply with § 220-48 of this chapter;

(4) Exterior trash receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter;

(5) The servicing, reconditioning, demolition, or junking of vehicles is prohibited;

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

(7) No part of the auction shall be located within 300 feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones; and

G. A traffic impact report shall be prepared in accordance with § 220-50 of this chapter.

§ 220-68 Automobile filling stations (Including minor incidental repair).

Within the (C-1) Zone, automobile filling stations, (including minor incidental repair) are permitted by special exception, subject to the following criteria:

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

B. The subject property shall front on an arterial or collector road as defined herein;

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

D. The storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited;

E. Any parts removed from repaired vehicles shall not remain on the site longer than seven days;

F. All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line;

G. No outdoor storage of auto parts shall be permitted;

H. Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another if located along the same frontage as measured from edge to edge;

I. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residential properties; and

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

§ 220-69 Automobile, boat, farm machinery, recreational vehicle and trailer sales, service and/or repair facilities.

[Amended 12-5-2007 by Ord. No. 2007-08; 10-1-2008 by Ord. No. 2008-03]

Within the (C-1), (I-1) and (I-2) Zones, automobile, boat, farm machinery, recreational vehicle and trailer sales, service and/or repair facilities are permitted by special exception subject to the following criteria:

A. The subject property shall have a minimum lot size of one acre and have a minimum lot width of 200 feet as measured at the street line and the building setback line;

B. There shall be no portable office trailers or accessory sheds used for sales offices;

C. Any site used for the sale, parking and/or storage of more than 150 automobiles, boats, pieces of farm machinery, recreational vehicles and/or trailers shall be located adjacent to an arterial road;

D. All exterior areas used for the display of automobiles, boats, farm machinery, recreational vehicles and/or trailers shall be subject to the minimum front yard setback requirements imposed upon off-street parking spaces;

E. Automobiles, boats, farm machinery, recreational vehicles and/or trailers shall not be displayed for sale, or stored for service on an existing sidewalk, or within any street or alley right-of-way;

F. No automobile, boat, farm machinery, recreational vehicle and/or trailer shall be displayed on an elevated stand, stone pile, dirt pile, or any similar elevated structure;

G. Access drives shall be governed by § 194-28 of Chapter 194, Subdivision and Land Development;

H. All vehicular parking and areas for the display of automobiles, boats, farm machinery, recreational vehicles and/or trailers shall comply with § 194-30 of the East Cocalico Township Subdivision and Land Development Ordinance;

I. All lighting shall be designed and constructed so as to comply with § 220-48 of this chapter;

J. Any exterior, amplified public address system shall be arranged and designed so as to comply with § 220-48 of this chapter;

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

L. The sales area shall be set back at least 25 feet from all side and/or rear property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;

M. All exterior display and storage areas for automobiles, boats, farm machinery, recreational vehicles and/or trailers shall be screened from adjoining properties within the (R-1), (R-2), (R-3), (MHP) and (VO) Zones;

N. Banners, streamers, ribbons, pennants, or other similar materials shall not be permitted to be located on any building, structure (including signs) or on the premises;

O. The storage and/or display of automobiles, boats, farm machinery, recreational vehicles and/or trailers on the property without current inspection is prohibited, for those vehicles requiring such inspection;

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

Q. The servicing of automobiles, boats, farm machinery, recreational vehicles and/or trailers shall be confined within a completely enclosed building;

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

S. Any ventilation equipment outlets associated with the service work area(s) shall not be directed toward any adjoining property within the (R), (R-1), (R-2), (R-3), (MHP) and/or (VO) Zones that is within 100 feet of such ventilation equipment outlets;

T. All automobiles, boats, farm machinery, recreational vehicles and/or trailers shall be repaired and removed from the premises promptly;

U. The demolition or junking of automobiles, boats, farm machinery, recreational vehicles and/or trailers is prohibited; and

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

§ 220-70 Bed-and-breakfasts.

Within the (A, C, R-1, R-2, R-3, and R) Zones, bed-and-breakfasts are permitted by special exception, subject to the following criteria:

A. Bed-and-breakfasts shall only be permitted to occupy buildings that have no less than 3,000 square feet on the effective date of this chapter. No additions to add habitable floor area after the effective date of this chapter will be eligible for bed-and-breakfast use. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted;

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

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

D. Within the (A, C and R) Zones, all off-street parking areas shall be set back a minimum of 25 feet from all property lines, and within the (R-1, R-2, R-3, and VO) Zones, they shall be set back at least 10 feet;

E. A bed-and-breakfast may erect one sign no larger than 12 square feet in size. Such sign must be set back 10 feet from all lot lines;

F. Meals shall be offered only to registered overnight guests;

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

H. The applicant shall furnish proof of any needed land development approvals and approval from the Pennsylvania Department of Labor and Industry; and

I. All bed-and-breakfasts shall have a full-time manager on the site.

§ 220-71 Billboards.

Within the (C, I-1, and I-2) Zones, billboards are permitted by special exception, subject to the following criteria:

A. Billboards within the (C) Zone must be located and oriented to traffic conveyed upon I-76 and/or PA Route 222;

B. No billboard shall be located within 1,000 feet of another billboard;

C. All billboards shall be a minimum of 50 feet from all side and rear property lines;

D. All billboards shall be set back at least 35 feet from any street right-of-way lines;

E. All billboards shall be set back at least 100 feet from any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;

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

G. No billboard shall exceed an overall size of 300 square feet, nor exceed 25 feet in height.

§ 220-72 Boardinghouses.

A. Within the (A, R, C, and R-2) Zones, boardinghouses are permitted by special exception;

B. Minimum lot area: one acre;

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

D. Within the (A) Zone, boardinghouses shall only occupy dwellings that had at least 3,500 square feet on the effective date of this chapter. No modifications to the external appearance of the building (except fire escapes), which would alter its residential character, shall be permitted;

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

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

G. Within the (A, C and R) Zones, all parking areas shall be set back a minimum of 25 feet and be screened from all property lines, and within the (R-2) Zone, they shall be set back a minimum of 10 feet and be screened from all property lines;

H. Meals shall be offered only to registered tenants; and

I. All uses must comply with Pennsylvania Department of Labor and Industry requirements.

§ 220-73 Campgrounds.

Within the (C) Zone, campgrounds are permitted by special exception, subject to the following criteria:

A. Minimum lot area: five acres;

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

C. No more than 15 campsites per acre within a campground is permitted, and each campsite shall either provide parking space which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

D. An internal road system shall be provided in accordance with § 194-25 of Chapter 194, Subdivision and Land Development;

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

F. All campgrounds shall furnish centralized sanitary and garbage collection/recycling facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties;

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

H. All campgrounds containing more than 100 campsites shall have direct vehicular access to an arterial or collector street, as identified on the Official Zoning Map;

I. A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, and at least 25 feet from adjoining lot lines;

J. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner. Should the landowner neglect to maintain the recreation area, the Board of Supervisors shall then maintain the area, and shall assess the landowner for any costs incurred;

K. Every campground shall have an office in which shall be located the person responsible for operation of the campground. Such person shall maintain a daily registration log of tenants; such registration log shall be maintained for each calendar year;

L. All water facilities, sewage disposal systems, rest rooms, solid waste disposal, and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PA DEP);

M. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets;

N. Occupancy of a camp site by the same tenant shall be limited to no more than 181 days during any calendar year;

O. Upon the proper installation of the campground, the Zoning Officer shall issue a temporary use and occupancy permit. Such permit shall be reviewed every 12 months. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary use and occupancy permit. Such fee shall be based upon the cost of the annual review of the permit;

P. Prior to the issuance of renewal of a certificate of use and occupancy, the owner of a campground shall file with, and receive approval by, the Board of Supervisors of a set of campground regulations;

Q. Upon due notice, the Zoning Officer may revoke a certificate of use and occupancy for failure by the owner to enforce such regulations, or for the violation of this chapter or other provisions, and the same shall not be reinstated or renewed until satisfactory guarantees of future enforcement are provided; and

R. All campgrounds must obtain and maintain a permit from the Pennsylvania Department of Health.

§ 220-74 Car washes.

Within the (C-1) Zone, car washes are permitted by special exception, subject to the following criteria:

A. Public sewer and water facilities shall be utilized and gray water recycling is required;

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

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

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

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

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

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

H. Despite regulations to the contrary contained within § 220-21E of this chapter, car washes need not share access drives nor off-street parking spaces.

§ 220-75 Churches and related uses.

Within the (R, R-1, and R-2) Zones, churches and related uses are permitted by special exception, subject to the following criteria:

A. House of worship.

(1) Minimum lot area: two acres;

(2) Minimum lot width: 200 feet;

(3) Maximum permitted lot coverage: 50%, unless a greater percentage is permitted elsewhere within this chapter;

(4) All houses of worship shall have direct vehicular access to an arterial or collector road;

(5) Side yard setback: 50 feet on each side; and

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

B. Church-related residences (rectories and convents).

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

(2) All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the underlying zone.

C. Church-related educational or day-care facilities.

(1) All educational or day-care uses shall be accessory, and located upon the same lot as a house of worship;

(2) If education or day-care is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas, unless the applicant can demonstrate that such parking lots are not in use during play periods. Outdoor play areas shall not be located within the front yard, and must be set back 10 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

(3) "Enrollment" shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period;

(4) Passenger "drop-off" areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site;

(5) All educational or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the underlying zone; and

(6) Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six persons enrolled.

D. Cemeteries.

(1) All burial plots or other interment facilities shall be located at least 25 feet from any property line or street line;

(2) Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery; and

(3) No burial plots or facilities are permitted in floodplain or flood-fringe areas.

§ 220-76 Clubhouses.

Within the (C and R) Zones, clubhouses (as defined herein) are permitted by special exception, subject to the following criteria:

A. All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining road(s). Parking compounds will also be screened and set back 30 feet from any adjoining residential lot lines;

B. All outdoor recreation/activity areas shall be set back at least 50 feet from any property line; and

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

§ 220-77 Commercial and private schools.

Within the (C-1) Zone, commercial and private schools (excluding vocational and mechanical trade schools) are permitted by special exception, subject to the following criteria:

A. All height, area, setback, and coverage standards within the underlying zone shall apply;

B. All buildings shall be set back at least 100 feet from any adjoining land within a (R, R-1, R-2, R-3, MHP, or VO) Zone;

C. If education is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard, and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play area shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s); "enrollment" shall be defined as the largest number of students on the site at any one time during a seven-day period; and

D. Passenger "drop-off" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

§ 220-78 Commercial conversions.

Within the (R-3) Zone, commercial conversions are permitted by special exception, subject to the following criteria:

A. Only single-family detached dwellings that existed on the effective date of this chapter may be converted to include a commercial shop, salon or office. Such commercial uses shall be limited to that area of the first floor of the building as it existed on the effective date of this chapter;

B. The applicant shall furnish evidence that any alterations, improvements or other modifications proposed to the building will be accomplished in a manner that complements its residential character;

C. The applicant shall furnish evidence of an approved means of water supply and sewage disposal;

D. The applicant shall obtain any necessary land development approvals;

E. All commercial off-street parking and/or loading areas shall be screened from adjoining residences and roads; and

F. One sign shall be permitted which is no larger than six square feet and is affixed to the building.

§ 220-79 Commercial day-care facilities.

Within the (C-1) Zone, commercial day-care facilities are permitted by special exception, subject to the following criteria:

A. An outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

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

C. Passenger "drop-off" and "pickup" areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and

D. One off-street parking space shall be provided for each six persons enrolled, or fraction thereof.

§ 220-80 Commercial livestock hauling.

Within the (A) Zone, commercial livestock hauling is permitted by special exception, subject to the following criteria:

A. The site must front on, and have sole vehicular access to, PA Route 272;

B. The use must have been in existence on the effective date of this chapter;

C. Except for livestock raised on the property, no livestock shall be stored nor transported to or from the site;

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

E. All exterior storage of vehicles used in the hauling operation shall be set back at least 50 feet from adjoining street lines and property lines, and shall be covered in an all-weather and dust-free surface; and

F. The storage of junked vehicles and/or equipment is prohibited.

§ 220-81 Commercial recreation facilities.

Within the (C-1) Zone, commercial recreation facilities are permitted by special exception, subject to the following criteria:

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

B. Those uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties. All uses must comply with § 220-48 of this chapter;

C. Structures exceeding the maximum permitted height may be permitted, so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy;

D. The applicant shall furnish qualified evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution;

E. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 220-42 of this chapter. In addition, the Board may require an unimproved, grassed, overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

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

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

§ 220-82 Wireless communications facilities.

[Amended 10-1-2008 by Ord. No. 2008-03; 11-19-2015 by Ord. No. 2015-04]

A. Purposes and findings of fact.

(1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in East Cocalico Township (referred to herein as the "Township"). While the Township recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

(2) By enacting these provisions, the Township intends to:

(a) Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;

(b) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;

(c) Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside the public rights-of-way;

(d) Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;

(e) Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

(f) Promote the health, safety and welfare of the Township's residents.

B. General requirements for non-tower wireless communications facilities.

(1) The following regulations shall apply to all non-tower WCFs:

(a) Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zoning districts subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

(b) Prohibited on certain structures. No non-tower WCF shall be located on single-family detached dwellings, duplexes, townhouses, or any residential accessory structure.

(c) Non-tower WCFs shall be set back a minimum of 25 feet from the dwelling types listed in § 220-82B(1)(b).

(d) Noncommercial usage exemption. Township residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, amateur (ham) radio, and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this § 220-82 of the Zoning Ordinance.

(e) Timing of approval for co-location applications. The following time frames shall apply to applications for co-located tower-based WCFs:

[1] Applications for co-located facilities that do not substantially change the dimensions of the underlying wireless support structure or that otherwise fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision.

[2] Applications for co-located facilities that do substantially change the dimensions of the underlying wireless support structure or that otherwise do not fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision.

(f) Nonconforming wireless support structures. Non-tower WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use and design within a zoning district.

(g) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(h) Wind and ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(i) Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(j) Public safety communications. Non-tower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(k) Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(l) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Township.

[2] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

(m) Insurance. Each person that owns or operates a non-tower WCF shall provide the Township with a certificate of insurance evidencing and maintaining general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF and $2,000,000 aggregate coverage. The certificate shall name East Cocalico Township as an additional insured.

(n) Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(o) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1] The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(2) In addition to the general requirements for non-tower wireless communications facilities, the following regulations shall apply to all co-located non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or otherwise fall under the Pennsylvania Wireless Broadband Collocation Act:

(a) Permit required. WCF applicants shall obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

(b) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

(3) In addition to the general requirements for non-tower wireless communications facilities, the following regulations shall apply to all non-tower WCFs that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

(a) Special exception authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF that does not fall under the Pennsylvania WBCA, shall apply for special exception authorization from the Township. The special exception application shall demonstrate that the proposed facility complies with all provisions applicable to the proposed WCF in the East Cocalico Township Zoning Ordinance.

(b) Historic buildings. No non-tower WCF may be located upon any property or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Township.

(c) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(d) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

(e) Development regulations. Non-tower WCFs shall be located on existing structures or wireless support structures, such as tower-based WCFs, subject to the following conditions:

[1] The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, to the extent permitted by law and unless the WCF applicant applies for, and subsequently obtains, a variance.

[2] In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

[3] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible in accordance with Township regulations.

(f) Security fence. A security fence with a minimum height of eight feet and a self-locking gate shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with parking or vehicular circulation on the site for the principal use.

(g) Stealth technology. Non-tower WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(h) Removal, replacement and modification.

[1] The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennas.

[2] Any material modification to an existing WCF shall require notice to be provided to the Township, and possible supplemental permit approval to the original permit or authorization.

(i) Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(4) Regulations applicable to all non-tower WCFs located in the public rights-of-way. In addition to the non-tower WCF provisions listed in § 220-82B, the following regulations shall apply to non-tower WCFs located in the public rights-of-way:

(a) Location and co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.

(b) Design requirements:

[1] WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[2] Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(c) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(d) Equipment location. Non-tower WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[1] In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

[2] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[3] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

[4] Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

(e) Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2] The operations of the Township or other governmental entity in the right-of-way;

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

C. General and specific requirements for all tower-based wireless communications facilities.

(1) The following regulations shall apply to all tower-based wireless communications facilities:

(a) Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(b) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(c) Special exception authorization required. Tower-based WCFs are permitted in certain zoning districts by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the tower-based WCF is the minimum height necessary for the service area.

[1] Prior to the Board's approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

[2] The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[3] The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[4] Where the tower-based WCF is located on a property with another principal use, a land development plan approval is required. Additionally, the WCF applicant and owner must enter into a written easement with the proposed WCF with vehicular access to the facility.

[5] The special exception application shall be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.

(d) Engineer inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, the applicant shall employ a structural engineer registered in Pennsylvania to issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association. Such engineer shall certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the hearings, or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

(e) Visual appearance and land use compatibility. Tower-based WCFs shall employ stealth technology, which may include the tower portion being painted silver or another color approved by the Township or having a galvanized finish. All tower-based WCFs and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Township shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

(f) Landscaping. An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(g) Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by East Cocalico Township. The Township may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount its antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[1] The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower, and the interference cannot be prevented at a reasonable cost.

[3] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4] A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(h) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Township. Nonroutine modifications shall be prohibited without a permit.

(i) Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of a tower-based WCF.

(j) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

(k) Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(l) Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed 200 feet vertically from the base of the WCF to the top of the original wireless support structure. An existing tower may be modified or extended to a height not to exceed 215 feet, in order to accommodate the co-location of additional communications antennas.

(m) Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility.

(n) Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(o) Maintenance. The following maintenance requirements shall apply:

[1] Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.

(p) Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(q) Historic buildings or districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places.

(r) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be that required by the FCC or any other federal or state agency.

(s) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

(t) Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(u) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(v) Retention of experts. The Township may hire any consultant and/or expert necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(w) Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the WCF applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

(x) Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

(y) Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Special exception authorization automatically lapses after 12 continuous months of disuse or abandonment. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[1] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

[2] If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

[3] Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(z) Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.

(aa) FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(bb) Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Township with a certificate of insurance evidencing and maintaining general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF and $10,000,000 aggregate coverage. The certificate shall name East Cocalico Township as an additional insured. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF and $2,000,000 aggregate coverage. The certificate shall name East Cocalico Township as an additional insured.

(cc) Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(dd) Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(ee) Financial security. Prior to receipt of a building permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

(2) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

(a) Development regulations.

[1] Tower-based WCFs shall not be located in, or within 100 feet of, any area in which utilities are primarily located underground.

[2] Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by special exception, subject to the above prohibition:

[a] A Agricultural Zone.

[b] C Conservation Zone.

[c] I-1 Light Industrial Zone.

[d] I-2 Heavy Industrial Zone.

[3] No site shall be located within 500 feet of:

[a] Any land within the R, R-1, R-2, R-3, MHP, MR, or VO Zones;

[b] The nearest property line of any existing residence;

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

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

[4] Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the lot meets the minimum lot requirements in the underlying zoning district. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.

[5] Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[c] Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall be equal to the total height of the tower-based WCF plus 50 feet or the minimum setback of the underlying zoning district, whichever is greater. Where the site on which a tower-based WCF is proposed to be located is contiguous to an educational use, child day-care facility, or residential use, the minimum distance between the base of a tower-based WCF and any such adjoining uses shall equal 250 feet, regardless of the height of the tower-based WCF, unless it is demonstrated to the reasonable satisfaction of the Board that, in the event of failure, the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

(b) Design regulations.

[1] The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2] To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[3] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[4] Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

(c) Surrounding environs.

[1] The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[2] The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(d) Fence/screen.

[1] A security fence with a minimum height of eight feet and a self-locking gate shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[2] Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if, in the discretion of the Board, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[a] An evergreen screen shall be required to surround the site. The screen can either be a hedge (planted three feet from center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(e) Accessory equipment.

[1] Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

[2] All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(f) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. The access road shall be a dust-free, all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

(g) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

(h) Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(3) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way:

(a) Location and development standards.

[1] Tower-based WCFs in the public ROW shall not exceed 40 feet in height and are prohibited in areas in which utilities are located underground.

[2] Tower-based WCFs in the ROW shall not be located in the front facade area of any structure.

[3] Tower-based WCFs in the ROW shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. Those roads are the roads classified as a collector or arterial roadways identified in the Transportation Impact Fee Program Roadway Sufficiency Analysis.

(b) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

(c) Equipment location. Tower-based WCFs and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW, as determined by the Township. In addition:

[1] In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[2] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[3] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

[4] Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

(d) Design regulations.

[1] The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

[2] To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township and shall not increase the overall height of the tower-based WCF to more than 40 feet.

[3] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(e) Relocation or removal of facilities. Within three months following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCFs in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[2] The operations of the Township or other governmental entity in the right-of-way;

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the Township.

(f) Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

§ 220-83 Convenience stores.

Within the (C-1) Zone, convenience stores are permitted by special exception, subject to the following criteria:

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

B. A minimum of one parking space for each 75 square feet of gross floor area shall be provided. In addition, any accessory uses shall also require those spaces required by § 220-42C(2) of this chapter;

C. Exterior trash/recycling receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and continuously implement a working plan for the cleanup of litter and debris;

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

E. The subject property shall front on an arterial or collector road as defined herein;

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

G. All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line;

H. Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another, if located along the same frontage as measured from edge to edge;

I. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet, and oriented away from any adjoining properties within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;

J. All automated teller machines shall be located, or contain convenient parking spaces, so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines;

K. Any exterior microphone/speaker system and external lighting shall be arranged and/or screened to comply with those regulations contained within § 220-48 of this chapter; and

L. The applicant is required to demonstrate compliance with all applicable state requirements imposed upon the proposed use.

§ 220-84 Convention centers.

Within the (C-2) Zone, convention centers are permitted by conditional use, subject to the following criteria:

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

(1) Offices;

(2) Hotels and motels;

(3) Meeting rooms and auditoriums;

(4) Banquet and social halls;

(5) Restaurants (excluding fast-food restaurants);

(6) Taverns and nightclubs;

(7) Indoor theaters and arenas;

(8) Sports stadiums;

(9) Retail shops and concessionaires;

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

(11) Commercial day-care facilities;

(12) Information centers and booths; and

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

B. Minimum required lot area: 10 acres;

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

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

E. Required parking will be determined based upon a combination of the types of activities proposed, and the schedule listed in § 220-42 of this chapter. In addition, an unimproved, grassed, overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Board of Supervisors determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Board of Supervisors can require the applicant to revise and/or provide additional on-site parking space;

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

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

H. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. Any noise or light generated on the site must comply with § 220-48 of this chapter;

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

J. A traffic impact report shall be prepared in accordance with § 220-50 of this chapter;

K. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines;

L. The convention center is eligible to utilize signage applicable to shopping centers, as listed in § 220-45B of this chapter; and

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

§ 220-85 Drive-through and/or fast-food restaurants.

Within the (C-1 and C-2) Zones, drive-through and/or fast food restaurants are permitted by special exception, subject to the following criteria:

A. The subject property shall provide for a suitable means of vehicular access that conveniently connects with an arterial road;

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

C. All drive-through-window lanes shall be separated from the parking lot's interior driveways and shall provide at least 200 feet of on-site stacking per lane, preceding the food order location;

D. Any exterior speaker/microphone and lighting systems shall be arranged and/or screened to comply with § 220-48 of this chapter;

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

F. No part of the subject property shall be located within 200 feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones.

§ 220-86 ECHO housing.

Within the (A, C, R, R-1, R-2, and R-3) Zones, ECHO housing is permitted by special exception on no less than 1/2 acre, subject to the following criteria:

A. The elder cottage may not exceed 900 square feet of floor area, except that an existing accessory structure may be converted for this use, but only during its qualified occupancy;

B. The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum requirement for the zoning district in which the elder cottage is located;

C. The elder cottage shall be occupied by either an elderly (55 years or older) or challenged (mentally, physically, emotionally) person related to the occupants of the principal dwelling by blood, marriage or adoption;

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

E. Utilities.

(1) For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards and fees; and

(2) If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Hearing Board showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case, the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.

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

G. Any new elder cottage shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses;

H. Any new elder cottage shall be removed from that property within 90 days after it is no longer occupied by a person who qualifies for the use, and any existing accessory structures must revert to a permitted use; and

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

§ 220-87 Farm occupations.

[Amended 1-21-2021 by Ord. No. 2021-02]

Within the (A) (C) and (C-1) Zones, farm occupations are permitted by special exception, subject to the following criteria:

A. For each farm (as defined herein) existing on the effective date of this chapter, only two farm occupations may be established per farm;

B. All farm occupations must be established upon, and remain accessory to, the principal agricultural use of the subject property. This section is not intended to restrict the income generated by a farm occupation. If the subject property ceases to be used for agriculture, then the farm occupation must also cease;

C. Farm occupations may involve any one of a wide range of uses, so long as it is compatible with the primary agricultural use of the land. The applicant must demonstrate that the farm occupation is compatible with the rural setting and will not create nuisances for nearby residences and other uses;

D. For farm parcels of up to 50 acres in size, while the farm occupation is in operation, non-farm-related subdivisions will not be permitted. The purpose of this provision is to limit the conversion of farmland to nonagricultural uses;

E. No more than the equivalent of four full-time, nonresident employees of the farm parcel shall be employed by the farm occupations;

F. Each farm occupation shall occupy an area no greater than a maximum of 4,000 square feet of gross floor area;

G. The maximum lot coverage, as specified in the underlying Agricultural Zone, shall include the proposed farm occupation;

H. In no case shall the maximum acreage devoted to up to two farm occupations (including the structure, parking, storage, and driveway if separate) exceed more than one acre;

I. Where practicable, farm occupations shall be conducted within an existing farm building. However, any building constructed for use by the farm occupation shall be:

(1) Located behind a residence or other farm building(s); or

(2) Set back 200 feet from every property line and be located within 100 feet of the residence;

J. Any building constructed for the use of the farm occupation shall be of a nature that it can be converted to agricultural use or removed from the property if the farm occupation is discontinued. The structure should blend in with the surrounding agricultural setting;

K. No farm occupation shall be located within 200 feet of any adjacent (R, R-1, R-2, R-3, MHP, and/or VO) Zone. Such distances shall be measured as a straight line between the closest points of any structure, or any other physical improvement of the farm occupation and the zone boundary line;

L. Off-street parking shall be provided per the schedule of required parking spaces contained in § 220-42C(2) of this chapter. The applicant shall demonstrate that sufficient parking for the anticipated demands of the farm occupation has been provided;

M. Any outdoor storage of supplies, materials or products shall be located behind the building in which the farm occupation is located. Such outdoor storage shall also be screened from adjoining roads and properties;

N. Outdoor advertising signs for the farm occupation shall be regulated in accordance with the sign regulations contained in § 220-45 of this chapter. However, no such sign shall exceed 10 square feet in total area; and

O. The Zoning Hearing Board may also attach such other reasonable conditions as deemed appropriate.

§ 220-88 Farm-related businesses.

Within the (A) Zone, farm-related businesses are permitted by special exception, subject to the following criteria:

A. The applicant must provide evidence that the proposed use is important to local farming and is specifically sized to primarily serve local users. All activities and services should be directed at meeting the needs of those engaged in local farming. The facility should be directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Some examples of farm-related businesses (if suitably sized) include, but need not be limited to:

(1) Sales or repair of agricultural equipment;

(2) Blacksmith shops, farriers;

(3) Butcher shops;

(4) Grain mills;

(5) Processing of locally produced agricultural products;

(6) Veterinary offices which primarily treat farm animals, stables, kennels;

(7) Feed supply, fuel and fertilizer distributors;

(8) Composting and other farm waste storage facilities; and

(9) Welding shops.

B. Uses shall have a minimum lot size of one acre. A farm-related business shall occupy no more than three acres;

C. The design of a farm-related business shall be governed by the design standards for the Industrial Zone as listed in § 220-23, except as follows:

(1) The maximum lot coverage shall be 40%; and

(2) No part of a farm-related business shall be within 200 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or VO) Zone, nor 100 feet of any existing residence (including a farm dwelling);

D. Road classification must be appropriate for the expected type of volume of road traffic that will be generated by the proposed use, as determined by a traffic impact report, as required by § 220-50 of this chapter;

E. The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron;

F. Any outdoor storage of supplies, materials and products shall be screened from adjoining roads and properties. The display of farm equipment for sale shall be excluded from this provision;

G. One sign shall be permitted for a farm-related business; such sign shall not exceed 32 square feet in total area;

H. Vegetative screening must be provided in accordance with § 220-45 of this chapter, when a farm-related business abuts any property used principally for residential purposes. Certain pieces of apparatus used for farm-related businesses, which create noxious dust, odor, light, or noise, shall require greater setbacks and vegetative screening, as determined by the Zoning Hearing Board; and

I. Any building constructed for use by the farm-related business (unless uniquely suited to that business), shall be of a type so that it can be converted to agricultural use, in the event the farm-related business is discontinued (e.g., barn or shed).

§ 220-89 Farmers', antiques and/or flea markets.

Within the (C-1) Zone, farmers', antiques and/or flea markets are permitted by special exception, subject to the following criteria:

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

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

C. Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area;

D. Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in § 220-43 of this chapter;

E. All outdoor display and sales of merchandise shall be completely enclosed within a minimum four-foot-high fence and shall begin no earlier than 4:00 a.m., and be completed no later than official sunset;

F. Any exterior amplified public address system and lighting shall be arranged and designed so as to comply with § 220-48 of this chapter;

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

H. Vendors are permitted to park and remain with their vehicles overnight no earlier than one day prior, nor later than the next day after, the conduct of a sale. Such parking shall only occur within designated areas that are enclosed within a minimum four-foot-high fence; and

I. A traffic impact report shall be prepared in accordance with § 220-50 of this chapter.

§ 220-90 Funeral homes.

Within the (C-1) Zone, funeral homes are permitted by special exception, subject to the following criteria:

A. Public sewer and water facilities shall be utilized;

B. Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads;

C. No vehicular access to the site shall be from an arterial road; and

D. The applicant shall furnish expert testimony that the disposal of human remains, and related chemicals and materials, shall be in accordance with applicable laws and standards.

§ 220-91 Golf courses.

Within the (R) Zone, golf courses are permitted by special exception, subject to the following criteria:

A. Minimum lot area: 30 acres;

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

(1) Clubhouse, which may consist of:

(a) Restaurant, snack bar, lounge, and banquet facilities;

(b) Locker and rest rooms;

(c) Pro shop;

(d) Administrative offices;

(e) Golf cart and maintenance equipment storage and service facilities;

(f) Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steamrooms;

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

(h) Baby-sitting rooms and connected fence-enclosed playlots.

(2) Accessory recreation amenities located outside of a building, including:

(a) Driving range, provided that all lighting shall comply with § 220-48B of this chapter;

(b) Practice putting greens;

(c) Swimming pools;

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

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

(f) Picnic pavilions, picnic tables, park benches, and barbecue pits;

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

(h) Playground equipment and playlot games, including four-square, dodgeball, tetherball, and hopscotch.

(3) Freestanding maintenance equipment and supply buildings and storage yards.

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

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

E. Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition. The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform with the following:

(1) Each crossing shall be perpendicular to the traffic movements;

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

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

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

(5) Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 194-25L(5) of Chapter 194, Subdivision and Land Development;

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

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

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

§ 220-92 Group day-care.

Within the (A, C, R, R-1, and R-3) Zones, group day-care facilities are permitted by special exception, subject to the following criteria:

A. An outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

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

C. Passenger "drop-off" and "pickup" areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

D. One off-street parking space shall be provided for each six persons enrolled, or fraction thereof; and

E. Within the (A) Zone the site of a group day care shall not exceed two acres in area.

§ 220-93 Health and recreation clubs.

Within the (C-1 and C-2) Zones, health and recreation clubs are permitted by special exception, subject to the following criteria:

A. Minimum lot area: two acres;

B. Off-street parking shall be provided, as required by the combination of elements comprising the health club, including accessory uses;

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

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

E. All lighting of outdoor recreation areas shall be designed and arranged to comply with § 220-48 of this chapter.

§ 220-94 Heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, tractor trailers, buses, mobile homes and other similar machinery.

[Amended 10-1-2008 by Ord. No. 2008-03

Within the (I-1) and (I-2) Zones, heavy equipment sales, service and repair, such as excavation machinery, commercial trucks, tractor trailers, buses, mobile homes, and other similar machinery are permitted by special exception subject to the following criteria:

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

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

C. All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines, and shall be covered in an all-weather, dust-free surface;

D. The storage of junked vehicles, boats, machinery, trucks, tractor trailers, mobile homes, and heavy equipment vehicles on the property is prohibited;

E. Any ventilation equipment outlets associated with the service work area(s) shall not be directed toward any adjoining property within the (R), (R-1), (R-2), (R-3), (MHP) and/or (VO) Zones that is within 100 feet of such ventilation equipment outlets; and

F. All vehicles, tractor trailers and machinery shall be repaired and removed promptly from the premises.

§ 220-95 Home improvement and building supply stores.

Within the (C-1 and C-2) Zones, home improvement and building supply stores are permitted by special exception, subject to the following criteria:

A. All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties;

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

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

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

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

F. All exterior storage and retail sales area (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties;

G. The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to comply with § 220-48 of this chapter;

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

I. The applicant shall submit a traffic impact report, as governed by § 220-50 of this chapter; and

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

§ 220-96 Home occupations.

[Amended 10-1-2008 by Ord. No. 2008-03]

Within the (A), (C), (R), (R-1), (R-2), (R-3) and (C-1) Zones, home occupations are permitted by special exception, subject to the following criteria:

A. Only single-family, detached and semi-detached dwellings may contain a home occupation;

B. No more than two nonresident employees shall be permitted;

C. Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit;

D. At least two off-street parking spaces in addition to those required of residence units shall be required. Such parking spaces shall be screened from adjoining properties;

E. No goods shall be visible from the outside of the dwelling;

F. The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building;

G. No manufacturing, repairing, or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line;

H. No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted;

I. The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling; and

J. One nonilluminated sign, not to exceed two square feet in display area, shall be permitted.

§ 220-97 Hospitals and related uses.

Within the (C-2) Zone, hospitals and related uses are permitted by special exception, subject to the following criteria:

A. Minimum lot area: five acres;

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

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

D. Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties, or separated by at least 300 feet from residentially zoned properties;

E. The applicant shall submit a traffic impact report, as governed by § 220-50 of this chapter;

F. Public sewer and public water utilities shall be utilized;

G. Adequate provision shall be made for the collection, disposal and recycling of garbage, trash, and medical and hazardous waste;

H. Where more than one of the uses enumerated in § 220-97I below are proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment;

I. Permitted uses:

(1) Commercial day-care facilities;

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

(3) Health and fitness clubs;

(4) Hospitals and hospices;

(5) Intermediate care and skilled nursing facilities;

(6) Medical and dental offices;

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

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

(a) Administrative offices;

(b) Automobile parking lots and parking garages;

(c) Housing for students, employees and their families in accordance with the standards of the (R-2) Zone;

(d) Helistop [see § 220-97J(1)];

(e) Incinerators and autoclaves [see § 220-97J(2)];

(f) Lodging facilities for patients and their families;

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

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

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

J. Specific requirements for selected accessory uses.

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

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

K. Maximum permitted height: 60 feet for hospitals, provided all structures are set back a horizontal distance equal to their height from each property line and street right-of-way line; 35 feet for all other uses.

§ 220-98 Hotels (including related dining facilities).

Within the (C-2) Zone, hotels (including related dining facilities) are permitted by special exception, subject to the following criteria:

A. Both public sewer and public water shall be utilized;

B. The following accessory uses may be approved as part of the conditional use application:

(1) Auditorium.

(2) Barber and beauty shops.

(3) Tavern or night club.

(4) Gift shop.

(5) Meeting facilities.

(6) Recreational uses and swimming pools.

(7) Restaurants.

(8) Sauna, spa or steam room.

(9) Solarium.

(10) Valet shop.

(11) Other similar retail sales and personal services.

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

D. One freestanding restaurant, tavern or nightclub shall be permitted on the same lot as a principal hotel, subject to the following:

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

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

(3) If a nightclub is proposed, the applicant shall furnish evidence as to what means assure that the proposed nightclub will not constitute a nuisance to adjoining uses (including the hotel) by way of noise, litter, loitering and hours of operation.

(4) Sufficient off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant, tavern and/or nightclub, without interfering with required off-street parking associated with the hotel use.

§ 220-99 Hunting, fishing, skiing, and boating resorts.

Within the (C and R) Zones, hunting, fishing, skiing, and/or boating resorts are permitted by conditional use, subject to the following requirements:

A. Minimum required lot area: 10 acres;

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

C. Any observation towers or ski lifts exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy, unless there is qualified evidence that there is adequate emergency rescue capabilities available from the "first-due" fire company;

D. The applicant shall furnish evidence that approved systems for sewage disposal and water supply will be utilized;

E. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. The applicant must also demonstrate, with qualified expertise, compliance with applicable requirements of § 220-48 of this chapter;

F. Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 220-42. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

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

H. A traffic impact report shall be prepared in accordance with § 220-50 of this chapter;

I. Any use involving the discharge of firearms shall require approval under § 220-120 of this chapter; and

J. The use may construct one billboard in accordance with the regulations contained in § 220-71 of this chapter.

§ 220-100 Intensive livestock operations.

Within the (A) Zone, intensive livestock operations are permitted by special exception, subject to the following requirements:

A. Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from:

(1) The nearest property line of any existing residence, other than the principal residence of the applicant;

(2) 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

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

B. Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;

C. The applicant shall submit a copy of an approved nutrient management plan for the proposed use, which has been reviewed and approved by the appropriate reviewing agency. All subsequent operations and activities shall be conducted in accordance with such plans. If, at any time, the nutrient management plan is amended, the applicant must again submit the amended plan to the Zoning Officer;

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

E. The applicant shall submit, abide by and demonstrate a working knowledge of written qualified evidence describing those methods that will be employed to:

(1) Minimize odor on nearby properties. Unless these methods employ the best possible techniques and materials that can be practicably applied to the proposed use, the application will be denied;

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

(3) Comply with the above-required nutrient management plan and conservation plan;

F. Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest residence that is not that of the operator, then the applicant shall construct a dispersion buffer between the exhaust of the fan and that residence(s). Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at the property line;

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

H. Any on-site manure storage facilities shall comply with the requirements of § 220-12B(8)(b);

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

J. The applicant may conduct a roadside stand operation within one of the permanent buildings, but such use shall be limited to no more than 250 square feet of display area.

K. Any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map[1] shall provide a riparian buffer in accordance with § 220-29 of this chapter.

[Added 6-19-2014 by Ord. No. 2014-05]

[1] Editor's Note: The Historic and Riparian Buffer Overlay Zones Map is included as an attachment to this chapter in the electronic version of the Code.

§ 220-101 Intensive produce operations.

Within the (A) Zone, intensive produce operations are permitted by special exception, subject to the following criteria:

A. Minimum lot area: 50 acres;

B. Maximum permitted lot coverage: 30%, including all impervious surfaces;

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

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

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

F. If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with § 220-48B of this chapter;

G. Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest subject property line, then the applicant shall construct a dispersion buffer. Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at any of the subject property lines;

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

I. Any on-site waste storage facilities shall comply with the requirements of § 220-12B(8)(b) of this chapter;

J. While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property, except that subject to the limitations of § 220-12E; additional dwellings may be created for family members of the farm owner or for someone who is involved in the day-to-day farm operations;

K. Water supply.

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

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

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

(4) A water feasibility study shall include the following information:

(a) Calculations of the projected water needs;

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

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

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

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

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

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

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

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

M. All commercial produce operations must comply with applicable stormwater management regulations of Chapter 194, Subdivision and Land Development;

N. The applicant shall be required to obtain an approved land development under Chapter 194, Subdivision and Land Development;

O. The applicant shall be required to submit a traffic impact report in accordance with § 220-50 of this chapter;

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

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

R. The applicant may conduct a roadside stand operation within one of the permanent buildings, but such use shall be limited to no more than 250 square feet of display area;

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

T. One sign, as provided for in § 220-45B, shall be permitted.

U. Any property adjoining or within 75 feet of an unenclosed watercourse that has been previously inventoried within the Township as depicted on the East Cocalico Township Historic and Riparian Buffer Overlay Zones Map[1] shall provide a riparian buffer in accordance with § 220-29 of this chapter.

[Added 6-19-2014 by Ord. No. 2014-05]

[1] Editor's Note: The Historic and Riparian Buffer Overlay Zones Map is included as an attachment to this chapter in the electronic version of the Code.

§ 220-102 Junkyards.

Within the (I-2) Zone, junkyards are permitted by special exception, subject to the following criteria:

A. Minimum lot area: two acres;

B. The outdoor area devoted to the storage of junk shall be completely enclosed by a ten-foot-high, sight-tight fence which shall be set back at least 100 feet from all property lines;

C. All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines;

D. No material may be stored or stacked so that it is visible from adjoining properties and roads;

E. All additional federal and state laws shall be satisfied;

F. The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth;

G. All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet;

H. No open burning of oil, grease, tires, gasoline, or other similar material shall be permitted at any time;

I. Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors;

J. No junkyard shall be located on land with a slope in excess of 5%; and

K. All vehicles shall have all fuels and lubricants drained and property disposed of prior to storage on the site.

§ 220-103 Kennels.

Within the (A) Zone, kennels are permitted by special exception, subject to the following criteria:

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

	Type and Number of Animals Kept	Minimum Required Lot Area	Minimum Required Setback of Unenclosed Animal Boarding Buildings, Pens, Stalls, Runways, and Running Areas from the Nearest Property Line
	1 dog to 50 dogs	5 acres	150 feet
	51 dogs to a maximum of 100 dogs	10 acres	300 feet
	1 to a maximum of 200 animals, other than dogs	5 acres	150 feet
	51 dogs to a maximum of 100 dogs, plus up to 200 animals, other than dogs	10 acres	300 feet

B. The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in § 220-48A of this chapter;

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

D. The applicant must demonstrate evidence of compliance with the PA Dog Law;

E. All outdoor running areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be a minimum of 10 feet from all property lines; and

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

§ 220-104 Mass transportation depots.

Within the (C-1, I-1 and I-2) Zones, mass transportation depots are permitted by special exception, subject to the following criteria:

A. The applicant shall submit a traffic impact report in accordance with § 220-50 of this chapter;

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

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

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

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

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

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

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

I. The outdoor storage of unlicensed and uninspected vehicles is prohibited;

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

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

L. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines; and

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

§ 220-105 Medical residential campuses.

Within the (R-2) Zone, medical residential campuses are permitted by special exception, subject to the following criteria:

A. The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 55 years old, or possess some handicap that can be treated within a setting like the medical residential campus;

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

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

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

E. The minimum land area devoted to the campus shall be 25 contiguous acres;

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

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

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

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

J. The maximum permitted height is 50 feet, provided that, for that portion of building height exceeding 35 feet, the minimum required setback from the closest property line shall be 50 feet;

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

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

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

(1) Dwelling, nursing homes, and assisted living facilities for the elderly or mentally/physically challenged;

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

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

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

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

§ 220-106 Mini-warehouses.

Within the (C-1, I-1 and I-2) Zones, mini-warehouses are permitted by special exception, subject to the following criteria:

A. Off-street parking spaces shall be provided according to the schedule listed in § 220-42C(2) of this chapter;

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

C. Required parking spaces may not be rented as, or used for, vehicular storage. However, internal and external storage area may be provided for the storage of privately owned vehicles, travel trailers and/or boats, so long as any external storage area is screened from adjoining land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones, and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the outdoor storage of partially dismantled, wrecked, inoperative, unlicensed, or uninspected vehicles;

D. The storage of flammable, highly combustible, explosive, or hazardous chemicals is prohibited, unless contained within the fuel tanks of vehicles;

E. A resident manager may live on the site. A manager, resident or not, shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. The actual dwelling of the resident manager shall comply with all of those requirements listed within the (R-2) Zone, and shall be entitled to all residential accessory uses provided in this chapter;

F. No door openings for any mini-warehouse storage unit shall be constructed facing any property within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones; and

G. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

§ 220-107 Mixed residential developments.

Within the (MR) Zone, mixed residential developments are permitted by conditional use, subject to the following criteria:

A. The minimum area devoted to a mixed residential development shall be 50 acres;

B. All units contained within a cluster development shall be served by public sewer and public water utilities;

C. Required mixture of uses. The proposed development must include at least three of the following permitted housing unit types within their designated ratios:

	Dwelling Unit Type	Minimum Required Percentage of Total Units	Maximum Permitted Percentage of Total Units
	Single-family detached, excluding mobile homes	25%	60%
	Duplex	10%	40%
	Townhouse	10%	40%
	Multifamily	10%	40%

D. The maximum permitted density of the development shall not exceed 2.5 dwelling units per acre;

E. Required common open space.

(1) At least 30% of a mixed residential development site shall be devoted to common open space. The location and design of required common open space shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site. Qualified experts must identify and plot each of the following found on the proposed site:

(a) One-hundred-year floodplains;

(b) Steep slopes (greater than 15%);

(c) Wetlands, riparian buffers, streams, ponds, or other water bodies;

(d) Sinkholes, caves, vistas, or other significant geologic features;

(e) Threatened or endangered species habitats;

(f) Archaeologic resources;

(g) Historic resources;

(h) Significant stands of mature trees.

(2) From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the proposed development minimizes disturbance of, and integrates, these features. Such plot shall be submitted with the sketch plan required under Chapter 194, Subdivision and Land Development;

F. Maintenance and ownership of common open space. An essential element of the mixed residential development application is a written description and plan for the disposition of ownership of common open space land, designating those areas to be offered for dedication, or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board of Supervisors need not require, as a condition of the approval of a mixed residential development, that land proposed to be set aside from common open space be dedicated, or made available to public use.

(2) In the event that common open space is not dedicated for public use, the landowner shall provide for, and establish an organization for, the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall either (1) be constituted of the property owners within the mixed residential development or (2) consist of a bona fide organization among whose purpose is the preservation, conservation and protection of open space and/or natural resources. The plan may provide that the property owners' association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

(a) That the residents of the mixed residential development shall, at all times, have access to the open space lands contained therein; and

(b) That the operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public.

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established or designated for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the mixed residential development, in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) Failure to maintain.

(a) In the event that the organization that owns and maintains common open space, or any successor organization, shall, at any time after establishment of the mixed residential development, fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected, or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition;

(b) The cost of such maintenance by the Township shall be assessed ratably against the properties within the mixed residential development and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the county upon the properties affected by the lien within the mixed residential development;

G. In addition to those accessory structures and uses customarily incidental to residential uses, the mixed residential development may also include a management/sales office for the conduct of development business and affairs, and structures to house equipment used solely in the maintenance of the mixed residential development;

H. The layout of a mixed residential development shall provide a network of common pedestrian paths that link neighborhoods within the proposed development and connect with common open spaces, community facilities and other nearby uses of the Township. All common pedestrian paths shall consist of an all-weather, durable surface that is at least four feet wide;

I. Maximum permitted coverage. No more than 30% of the total acreage of the mixed residential development shall be covered by impervious materials;

J. Lot design requirements. See the following table.[1]

[1] Editor's Note: The lot design requirements for mixed residential developments are included at the end of this chapter.

K. In addition to the preceding standards, townhouses shall comply with the following:

(1) Maximum continuous building length shall be 160 feet. If both a variation of front setback of at least four feet, and a different architectural design are provided at intervals of not more than 50 feet, a two-hundred-foot building length is permitted;

(2) No townhouse building shall contain more than eight units;

(3) The minimum distance between a row of townhouses and any other buildings shall be 35 feet;

(4) Within any continuous group of townhouses, there shall be at least two different architectural treatments having different designs or building materials. In addition, no more than two continuous townhouses shall have the same front setback, and the variations in front setback shall be at least two feet. Variations in front of unit orientation are encouraged;

(5) For townhouses, the parking shall either be in a separate parking lot located to the rear of the dwelling units, or be provided in accordance with the requirements of § 220-40 of this chapter;

L. In addition to the standards listed in § 220-107J, multiple-family dwellings shall comply with the following:

(1) Maximum continuous building length shall be 160 feet. If both a variation of front setback of at least four feet, and a different architectural design are provided at intervals of not more than 50 feet, a two-hundred-foot building length is permitted;

(2) The minimum distance between an apartment building and any other buildings shall be 50 feet;

M. No more than 20% of the total area of the development shall be covered by buildings;

N. The minimum distance between a single-family detached dwelling or single-family semidetached dwelling and any other building shall be 30 feet;

O. A fifty-foot-wide landscaped buffer yard, in which no buildings or parking areas are permitted, shall be established along all exterior boundary lines of the development and along all roads which the development abuts;

P. Minimum front yard building setback shall be 25 feet, which is to be measured from the ultimate right-of-way line;

Q. Two off-street parking spaces shall be provided for each dwelling unit. No more than 65 parking spaces shall be accommodated in any one parking lot, and all parking lots shall conform with § 220-42 of this chapter. Entrances to, and exits onto, a street from the common parking lots shall be located a minimum of 50 feet from curblines of the nearest intersecting street, or such greater distance as may be required by Chapter 194, Subdivision and Land Development. The number of entrances and exits onto a street from common parking lots shall be minimized. Access drives to common parking lots shall be located a minimum of 20 feet from all dwelling units, internal streets, streets abutting the development, and tract boundaries. Common parking lots shall be located a minimum of 15 feet from all dwelling units, internal streets, streets abutting the development, and tract boundaries. Parking lots shall be designed to prevent through traffic to other parking areas. Common parking areas for townhouses or apartments shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back. Entrance- and exit-ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas. All parking lots shall be appropriately landscaped from adjoining properties;

R. Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash, rubbish and recyclables shall be contained in covered, vermin-proof containers;

S. A sketch plan shall be submitted with the conditional use application which shall contain all information required by Chapter 194, Subdivision and Land Development;

T. The developer shall comply with the Pennsylvania Uniform Condominium Act, with respect to any portion of the tract that is developed with condominiums. A draft of the proposed form of declaration of condominium shall be submitted to the Township at the time of submission of the application for approval of the final plan, with respect to the portion of the tract on which the condominium is proposed to be built;

U. A traffic impact report, in accordance with § 220-50 of this chapter, shall be submitted with the conditional use application. All developers shall be responsible to construct road or traffic control facilities to accommodate their respective development; and

V. Whenever there is a conflict between the requirements of this § 220-107 and the other standards of this chapter or Chapter 194, Subdivision and Land Development, the requirements of this § 220-107 shall apply.

§ 220-108 Mobile home parks.

Within the (MHP) Zone, mobile home parks are permitted by special exception, subject to the following criteria:

A. The minimum parcel size for any mobile home park development shall be 10 acres;

B. The maximum number of mobile home units shall be limited to five per acre;

C. Each single mobile home lot shall contain no less than 6,000 square feet, and be at least 60 feet wide;

D. No mobile home lot shall be within 25 feet of a park boundary, nor within 50 feet of an outside street right-of-way. This area shall constitute the mobile home park boundary area;

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

F. Each mobile home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 15 feet each. In no case shall the distance between any two mobile homes be less than 30 feet;

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

H. Streets, curbs and sidewalks shall be constructed to Township standards for private streets;

I. All roads in the park shall be private access drives, shall be lighted and shall be paved with a bituminous or concrete surface at least 28 feet wide;

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

K. Each mobile home space shall contain no more than one mobile home, nor more than one family;

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

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

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

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

P. Service and accessory buildings.

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

(2) Mobile home park office. Every mobile home park shall have an office on-site for the mobile home park manager. Every mobile home park containing 15 or more mobile home spaces shall have a structure designed and clearly identified for such office;

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

(4) Use. Service and accessory buildings located in a mobile home park shall be used only by the occupants of the same and their guests;

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

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

S. All mobile home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the conditional use application; and

T. The applicant shall demonstrate compliance with § 220-18J of the (MHP) Zone.

§ 220-109 Nightclubs.

Within the (C-1 and C-2) Zones, nightclubs are permitted by special exception, subject to the following criteria:

A. No part of the subject property shall be located within 200 feet of any land within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;

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

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

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

§ 220-110 (Reserved) [1]

[1] Editor’s Note: Former § 220-110, Noncommercial keeping of livestock, was repealed 10-1-2008 by Ord. No. 2008-03. See now § 220-31J.

§ 220-111 Nursing, rest or retirement homes.

Within the (R-1, R-2 and C-1) Zones, nursing, rest or retirement homes are permitted by special exception, subject to the following criteria:

A. Minimum lot area: two acres;

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

C. Off-street parking lots and loading areas shall be screened from adjoining lands within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones;

D. No more than 18 occupants per acre shall be permitted, excluding the staff of the facility.

§ 220-112 Off-track betting parlors.

Within the (I-1) Zone, off-track betting parlors are permitted by conditional use, subject to the following criteria:

A. An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor;

B. No off-track betting parlor shall be located within 1,000 feet of any residentially zoned land;

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

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child-care facility;

(4) Church or other similar location for religious congregation;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) School; or

(10) Other lands where minors congregate;

D. The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off-track betting parlor to the closest point on the property line of said land use;

E. No more than one off-track betting parlor may be located within one building, shopping center or planned center;

[Amended 10-1-2008 by Ord. No. 2008-03]

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

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

H. A working plan for the cleanup and recycling of litter shall be furnished and implemented by the applicant;

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

J. All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to nonprimary locations, as defined therein.

§ 220-113 Processing of farm products.

Within the (A and R) Zones, processing of farm products (except spent mushroom composting) is permitted by special exception, subject to the following criteria:

A. The processing facility is located on the same lot and accessory to the principal agricultural use of the site;

B. Except in the case of butchering of game animals, a majority of the materials to be processed have been grown or raised on the subject property; the remainder of materials have been grown or raised within the Township;

C. Information shall be provided describing the nature of the processing operation, materials used in the process and waste products generated;

D. Evidence shall be provided indicating that the disposal of materials and wastes associated with the operation 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, as identified in § 220-113C above. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are property disposed of on a regular basis. Should the nature of the farm occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the farm operation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section;

[Amended 10-1-2008 by Ord. No. 2008-03]

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

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

G. No part of the use shall be located within 300 feet of any adjoining land within an (R) Zone and any land within the (R-1, R-2, R-3, MHP, and/or VO) Zones. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the use and the zoning line;

H. Any sign shall require a permit, as set forth in § 220-45 of this chapter, and shall not exceed 10 square feet in size;

I. Except in the case of game animals, no butchering, slaughtering or rendering uses shall be permitted;

J. No retail sales of the products shall be permitted;

K. No noxious odor, dust, glare, vibration, or noise shall be perceptible at the property lines; and

L. All off-street parking and loading areas shall be screened from adjoining roads and properties.

§ 220-114 Recycling stations for paper, plastic, glass, and metal products.

Within the (I-1 and I-2) Zones, recycling of paper, plastic, glass, and metal products is permitted by special exception, subject to the following criteria:

A. All operations, including collection, shall be conducted within a completely enclosed building;

B. There shall be no outdoor storage of materials processed, used or generated by the operation;

C. The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter; and

D. The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.

§ 220-115 Retail sale of nursery and garden materials.

Within the (A) Zone, retail sales of nursery and garden materials are permitted by special exception, subject to the following criteria:

A. The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale, or repair of motorized nursery or garden equipment shall not be permitted;

B. All outdoor display areas shall be set back at least 25 feet from the street right-of-way line;

C. All structural improvements (including parking and loading facilities, but not including a freestanding sign) shall be screened from adjoining properties within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones; and

D. One freestanding or attached sign may be permitted advertising the business. Such sign shall not exceed 12 square feet in size and must be set back at least 10 feet from all lot lines.

§ 220-116 Riding schools and/or horse boarding stables.

Within the (A, C and R) Zones, riding schools and/or horse boarding stables are permitted by special exception, subject to the following criteria:

A. Minimum lot area: 10 acres;

B. Any structure used for the boarding of horses shall be set back at least 100 feet from any property line;

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

D. All outdoor training or show facilities or areas shall be set back 100 feet from all property lines;

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

F. All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking environment or movement of vehicles across neighboring properties.

§ 220-117 Rural occupations.

Within the (A, R and C) Zones, rural occupations are permitted by special exception, subject to the following criteria:

A. Only one rural occupation may be conducted on the same property as the owner's principal residence, and shall not exceed the area of the principal residence's ground floor or 1,000 square feet, whichever is the lesser;

B. A rural occupation shall only be conducted within one completely enclosed outbuilding that satisfies at least one of the following:

(1) The building will remain the same size and in the same location as it existed on the effective date of this section; or

(2) The building is limited to one story not to exceed 25 feet in height, is located in the rear yard of the principal residence, and is set back at least 50 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings;

C. In no case shall any new rural occupation building be constructed before the owner resides on the subject property. In addition, rural occupations may only be conducted so long as the sole owner of the business resides on the site;

D. In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation and/or other accessory uses;

E. All off-street parking and loading spaces shall be screened from adjoining roads and properties;

F. No outdoor storage or display shall be permitted, except that one commercial truck of not more than 11,000 pounds gross vehicle weight may be parked behind the principal residence, so long as it is screened from adjoining roads and properties;

G. One nonilluminated sign not exceeding 12 square feet shall be permitted and must be set back a distance at least equal to its height from every lot line;

H. No rural occupation and its principal dwelling shall generate more than 20 vehicle trips (including, but not limited to, horse and buggies) per day to or from the site. The applicant shall furnish testimony regarding the expected numbers of vehicle trips associated with the proposed use;

I. Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street that serves the principal residence; however, in no case shall any new driveway be closer than 15 feet from any side or rear lot line. No additional roadway connections shall be permitted;

J. The maximum number of employees who do not reside on the site shall be equal to two full-time positions. For the purposes of this section, "employees" shall be defined as those involved in the on-site conduct of the rural occupation;

K. Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. No rural occupation shall be conducted on Sundays;

L. No manufacturing, mechanical or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at or beyond the line of the nearest residential lot. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances, shall be permitted, except for wastewater treatment;

M. Any area devoted to retail sales display shall be limited to 20% of the overall size of the rural occupation;

N. The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized, and further, that such means is part of the same system in use for the principal residence; and

O. Evidence shall be provided 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 the county, which have been contracted to dispose of the materials and wastes used, or generated, on-site or some other legal means of disposal. The zoning permit for this use shall remain valid, only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the rural occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the rural occupation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

[Amended 10-1-2008 by Ord. No. 2008-03]

§ 220-118 Sawmills.

Within the (C and I-2) Zone, sawmills are permitted by special exception, subject to the following requirements:

A. No material shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or VO) Zone;

B. All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads;

C. All access drives shall connect with an arterial or collector road and shall be paved for a distance of at least 100 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a one-hundred-fifty-foot long gravel section of driveway shall be placed just beyond the preceding two hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site; and

D. Litter control shall be exercised to prevent the scattering of windborne debris, and a working plan for the cleanup of litter shall be submitted.

§ 220-119 Septage and spent mushroom compost processing and/or commercial mushroom operations.

Within the (I-2 and A) Zones, septage and spent mushroom compost processing and/or commercial mushroom operations are permitted by special exception, subject to the following criteria:

A. Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leak- and vector-proof;

B. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations:

C. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads;

D. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a one-hundred-fifty-foot long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels;

E. The unloading, processing and transfer of septage and spent mushroom compost shall be continuously supervised by a qualified facility operator, and such area shall be screened from all roads and adjoining properties;

F. Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations;

G. Water supply.

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

(2) In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Township and Authority engineers;

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

(4) A water feasibility study shall include the following information:

(a) Calculations of the projected water needs;

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

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

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

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

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

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

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

H. A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip;

I. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site, and safe through-movement on the existing road; and

J. Any structure used for the storage, loading, processing and/or packaging of spent mushroom compost shall be set back at least 300 feet from all property lines, and 500 feet from any properties within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones. In addition, any ventilation outlets must be oriented away from any land within said zones.

§ 220-120 Shooting ranges.

Within the (C) Zone, shooting ranges are permitted by conditional use, subject to the following criteria:

A. Shooting range operations:

(1) May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2) May not substantially damage the health, safety or welfare of the Township, or its residents and property owners;

(3) Must comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm;

(4) Shall store ammunition only in an approved secure vault;

(5) Shall limit the number of shooters to the number of firing points or stations identified on the development plan;

(6) Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the PA Game Commission, or show a valid hunting permit or gun permit, before they are allowed to discharge firearms without supervision;

(7) Shall prohibit the consumption of alcoholic beverages within the area approved as the shooting range; and

(8) Shall limit firing to the hours between one hour after official sunrise and one hour preceding official sunset, unless sufficient lighting is used, in which case all shooting shall cease by 11:00 p.m.;

B. A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet, and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan;

C. The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall red letters on a white background shall be posted at a maximum of one-hundred-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!";

D. Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan;

E. All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials;

F. All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back a minimum of 100 feet from the property line and street right-of-way;

G. The applicant shall present credible evidence that the sounds of shooting in the nearest residential zone do not exceed the ambient noise level;

H. Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats; and

I. No part of a shooting range property shall be located within 1/4 mile of any land within an (R, R-1, R-2, R-3, MHP, and/or VO) Zone.

§ 220-121 Shopping centers.

[Amended 10-18-2006 by Ord. No. 2006-08]

Within the (C-1) Zone local shopping centers are permitted by conditional use, and within the (C-2) Zone regional shopping centers are permitted by conditional use, both subject to the following criteria:

A. Shopping centers may contain any of those uses permitted under the definition contained within § 220-11C of this chapter. However, any individual use permitted by conditional use or special exception shall be required to demonstrate compliance with its respective applicable specific criteria listed elsewhere in this Article IV as part of the application for the shopping center. The initial approval of the shopping center shall require conditional use review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the conditional use application. Any subsequent substitution of use within the shopping center shall be permitted by right so long as the proposed use is permitted by right within the respective zone and does not require amendment of the site plan approved by the original conditional use. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require conditional use approval under § 220-151 of this chapter.

[Amended 10-1-2008 by Ord. No. 2008-03]

B. Regional shopping centers shall front on an arterial road and local shopping centers shall front along an arterial or collector road. Regional shopping centers are permitted only one vehicular access location along each road frontage with the primary vehicular access drive intersecting with Colonel Howard and Pepperidge Farm Boulevards. The main access drive through a regional shopping center shall be designed to facilitate a smooth flow of traffic through the site between Colonel Howard Boulevard and Reamstown Road. Drive-through lanes for any use contained within the shopping center shall connect only to internal access drives and parking lots. Access drives serving all shopping centers shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street.

C. In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with any nearby areas, even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.

D. Unless deferred by the Board of Supervisors, all shopping centers must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.

E. Regional shopping centers must integrate a designated location for a minimum of 60 park-and-ride off-street parking spaces that is readily-identifiable and conveniently accessible to passing motorists. Such park-and-ride spaces can include those spaces required to serve the regional shopping center and shall be designed, signed, lighted and maintained in accordance with § 194-30 of the Subdivision and Land Development Ordinance.

F. The applicant's site plan shall clearly depict the proposed locations and dimensions of all on-site circulation improvements, which must demonstrate safe vehicular and pedestrian movements both upon and abutting the subject property.

G. A traffic impact report shall be submitted by the applicant, in accordance with § 220-50 of this chapter.

H. Both public sewer and public water utilities shall be required. However, the Board of Supervisors may permit the interim use of on-lot water supply for regional shopping centers when:

(1) The applicant can verify that public water will remain unavailable to the site during construction of the regional shopping center;

(2) The proposed use will install all necessary infrastructure to serve the proposed use with public water supply and will guarantee timely connection and use of public water once it is made available to the subject property; and

(3) The applicant shall commit to a process of future negotiation for incorporation of the proposed use's interim water source into the public water system once public water is made available, at the Township's discretion.

I. The following tabulates required off-street parking and loading and interior landscaping standards for shopping centers:

	Use	Minimum Required Off-Street Parking Spaces Per 1,000 Square Feet of Gross Floor Area	Minimum Required Interior Landscaping As Described in § 194-30P of Ch. 194, Subdivision and Land Development	Minimum Required Off-Street Loading Spaces
	Local shopping center, as defined herein	5	5%	1 plus 1 per 50,000 sq. ft., or fraction thereof, of gross floor area over 20,000 sq. ft.
	Regional shopping center, as defined herein	5	8%	4 plus 1 per 100,000 sq. ft., or fraction thereof, of gross floor area over 150,000 sq. ft.
	Freestanding restaurants that are integrated within the shopping center	Same as above	Same as above	1 for uses with at least 2,000 square feet plus 1 per 10,000 sq. ft., or fraction thereof, of gross floor area over 10,000 sq. ft.

J. Within shopping centers, off-street loading spaces for freestanding restaurants that contain less than 10,000 square feet may be located upon required off-street parking spaces, provided the use of such off-street parking spaces for loading purposes does, not interfere with vehicular circulation within the shopping center's parking lot and the applicant demonstrates that the use of such off-street parking spaces for loading purposes will occur only when the freestanding restaurant is closed to business.

K. Within shopping centers, off-street parking lots shall provide for rectangular-shaped parking spaces that are at least nine feet wide by 18 feet long.

L. The proposed shopping center design shall comply with the applicable regulations contained within the following table:

	Shopping Center Design Requirements
	Standard		Local Shopping Center, As Defined Herein	Regional Shopping Center, As Defined Herein
	Min. required lot area		2 acres	17 acres
	Min. required lot width		250 ft. at the building setback line and street line	500 ft. at the building setback line and street line
	Min. required lot depth		250 ft.	500 ft.
	Required min. yard setbacks		The following lists required setbacks between features of the shopping center and perimeter lot lines. No specific setbacks are required between buildings located upon the shopping center site except those that may be required by the Township Fire Official or by the Pennsylvania Uniform Construction Code.
		Front, as measured from street R.O.W.	35 ft. for buildings and structures (except permitted signs); 20 ft. for off-street parking; no off-street loading nor dumpsters are permitted within the front yard.	100 ft. for buildings and structures (except permitted signs); 40 ft. for off-street parking; no off-street loading nor dumpsters are permitted within the front yard.
		One side	25 ft. for buildings and structures (except permitted signs); 15 ft. for off-street parking and loading spaces and dumpsters	40 ft. for buildings and structures (except permitted signs); 25 ft. for off-street parking and loading spaces and dumpsters
		Both sides	50 ft. for buildings and structures (except permitted signs); 30 ft. for off-street parking and loading spaces and dumpsters	80 ft. for buildings and structures (except permitted signs); 50 ft. for off-street parking and loading spaces and dumpsters
	Rear		25 ft. for all buildings, structures, off-street parking and loading spaces and dumpsters	40 ft. for all buildings, structures, off-street parking and loading spaces and dumpsters
	Min. required setback from residential zone		50 ft. for buildings, structures, off-street parking and loading spaces and dumpsters	500 ft. for uses (e.g., buildings, structures, access drives, off-street parking and loading, outdoor storage, dumpsters and etc.) that operate between the hours of midnight and 6:00 a.m.; 100 ft. for other buildings, structures, off-street loading and dumpsters; 50 ft. for off-street parking
	Max. permitted impervious lot coverage		60%, subject to increase in § 220-121P	60%, subject to increase in § 220-121P
	Max. permitted building height		35 ft.	35 ft.

M. The applicant shall submit a sign plan that demonstrates compliance with all applicable regulations of § 220-45 of this chapter. Once approved as part of the conditional use review, any subsequent substitution of sign that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs will require shall require conditional use approval.

N. The applicant shall submit written expert evidence that demonstrates compliance with the light and glare requirements of § 220-48B of this chapter.

O. The applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of this chapter and the Subdivision and Land Development Ordinance (Chapter 194). Such plans shall include but not be limited to details depicting:

(1) Landscape buffers and screens used to protect adjoining residential zones and residential uses;

(2) Screening used to prevent the spillage of headlights onto adjoining properties;

(3) Typical interior landscape island treatments;

(4) Typical landscape strip treatments; and

(5) Landscape treatments at the shopping center access drives' intersections with streets.

P. Applicants of shopping centers are encouraged to design and construct buildings that complement the Township's developing landscape. To that effect, the Township offers an optional set of architectural design standards that are tied with the granting of a density bonus. In this case, applicants may opt to obtain a prescribed increase in permitted lot coverage in return for the use of the following specific architectural design guidelines. A developer desiring to obtain such approval shall, when making application for approval for a shopping center, also make application for approval under this section. The Board of Supervisors shall consider both requests simultaneously. These optional standards may only be applied to the proposed use upon approval by the Board of Supervisors and written acceptance by the applicant of all requirements of this section, and any valid conditions of approval attached by the Board of Supervisors.

(1) Buildings and sites should be designed by qualified architects and constructed and maintained so that they:

(a) Make use of nonmetal exterior wall materials as viewed from adjoining streets and residentially-zoned properties;

(b) Employ "earth-tone," "pottery-tone" or "Williamsburg-type" colors;

(c) Visually screen heating, ventilation, air conditioning, elevator, or other mechanical appurtenances from adjoining streets and properties; and

(d) Place utilities underground.

(2) The applicant shall submit graphic elevations drawn to scale by an architect registered in the Commonwealth of Pennsylvania depicting compliance with these standards with proposed materials labeled and a corresponding color palette.

(3) In return for compliance with the above-described design standards, the Township will award an increase in permitted lot coverage to a maximum of 70% for the shopping center.

(4) Existing shopping centers that desire to incorporate the architectural design standards in return for the increase in permitted lot coverage after the original conditional use approval shall require another conditional use approval at that time.

(5) Should any part of this Subsection P be declared invalid by the courts, the entire Subsection P shall be automatically repealed.

Q. For regional shopping centers, the Board of Supervisors may permit the modification of the design standards contained within this § 220-121 in order to encourage the use of efficient and innovative design; no modification of design shall apply to any other section of the Zoning Ordinance and/or the SLDO outside of that contained within this § 220-121. A developer desiring to obtain such approval shall, when making application for approval for a shopping center, also make application for approval under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:

[Amended 10-1-2008 by Ord. No. 2008-03]

(1) Such modifications of design standards better serve to provide for a safe, attractive and functional planned center that can offer important goods and services to local residents;

(2) Such modifications of design standards would not result in adverse impact to the use and enjoyment of nearby properties, nor future occupants of the regional planned center;

(3) Such modifications will not as a result jeopardize the safe functioning of adjoining roads and intersections; and

(4) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of § 220-121.1P(1) through (3).

(5) Existing planned centers that seek to deviate from the requirements of this § 220-121.1 after the original special exception approval shall require another special exception approval at that time.

§ 220-121.1 Planned centers (local and regional).

[Added 10-1-2008 by Ord. No. 2008-03]

Within the (C-1), (C-2) and (I-1) Zones local planned centers (up to 60,000 square feet of gross floor area) are permitted by right subject to the following applicable criteria and within the (C-1), (C-2) and (I-1) Zones regional planned centers (more than 60,000 square feet of gross floor area) are permitted by special exception subject to the following applicable criteria:

A. Local planned centers may contain any of those uses permitted within its respective zone under the definition contained within § 220-11C of this chapter. However, any use permitted by conditional use or special exception shall be required to obtain its respective approval prior to application for the local planned center zoning permit. The initial approval of the planned center shall require zoning permit review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the zoning permit application. Any subsequent substitution of use within the planned center shall be permitted by right so long as the proposed use is permitted by right within the respective zone. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require zoning permit approval under § 220-148 of this chapter and/or any land development approvals as may be required.

B. Regional planned centers may contain any of those uses permitted within its respective zone under the definition contained within § 220-11C of this chapter. However, any individual use permitted by conditional use or special exception shall be required to demonstrate compliance with its respective applicable specific criteria listed elsewhere in this Article IV as part of the application for the regional planned center special exception. The initial approval of the planned center shall require special exception review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the special exception application. Any subsequent substitution of use within the planned center shall be permitted by right so long as the proposed use is permitted by right within the respective zone and does not require amendment of the site plan approved by the original special exception. Future uses to be substituted that require separate special exception or conditional use approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require special exception approval under § 220-142C of this chapter.

C. Regional planned centers with greater than 60,000 square feet shall front on an arterial road and are permitted the equivalent of only one two-way vehicular access location along each road frontage; however, one-way ins and outs are permitted in addition to the single two-way intersection. Drive-through lanes for any use contained within the planned center shall connect only to internal access drives and parking lots. Access drives serving all planned centers shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street.

D. In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with any nearby areas, even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the planned center from the nearby areas.

E. The applicant's site plan shall clearly depict the proposed locations and dimensions of all on-site circulation improvements which must demonstrate safe vehicular and pedestrian movements both upon and abutting the subject property.

F. For regional planned centers, a traffic impact report shall be submitted by the applicant, in accordance with § 220-50 of this Chapter.

G. Both public sewer and public water utilities shall be required.

H. The following tabulates required interior landscaping standards for planned centers:

	Use	Minimum Required Interior Landscaping As Described in § 194-30P of Chapter 194, SLDO
	Planned center, with up to 60,000 square feet of gross floor area	5%
	Planed center, with more than 60,000 square feet of gross floor area	8%
	Freestanding restaurants that are integrated within the planned center	Same as above

I. Within planned centers, off-street loading spaces for freestanding restaurants that contain less than 10,000 square feet may be located upon required off-street parking spaces, provided the use of such off-street parking spaces for loading purposes does not interfere with vehicular circulation within the planned center's parking lot and the applicant demonstrates that the use of such off-street parking spaces for loading purposes will occur only when the freestanding restaurant is closed to business.

J. Within planned centers, off-street parking spaces shall be provided in accordance with § 220-42C(2) of this chapter; however, § 220-42C(3)(b) shall apply. Off-street parking lots shall provide for rectangular-shaped parking spaces that are at least nine feet wide by 18 feet long. Off-street loading spaces shall be provided in accordance with § 220-43F of this chapter.

K. The proposed planned center design shall comply with the applicable regulations contained within the following table:

	Planned Center Design Requirements
	Standard	Use
		Local Planned Center with up to 60,000 Square Feet of Gross Floor Area	Planned Center with more than 60,000 Square Feet of Gross Floor Area
	Minimum required lot area	1 acre	6 acres
	Minimum required lot width	200 feet at the building setback line and street line	300 feet at the building setback line and street line
	Minimum required lot depth	200 feet	300 feet
	Required minimum yard setbacks:	The following lists required setbacks between features of the planned center and perimeter lot lines. No specific setbacks are required between buildings located upon the planned center site except those that may be required by the Township Fire Official or by the Pennsylvania Uniform Construction Code.
	Front, as measured from street right-of-way	35 feet for buildings and structures (except permitted signs); 20 feet for off-street parking; no off-street loading nor dumpsters are permitted within the front yard.	50 feet for buildings and structures (except permitted signs); 25 feet for off-street parking; no off-street loading nor dumpsters are permitted within the front yard
	One side	25 feet for buildings and structures (except permitted signs); 15 feet for off-street parking and loading spaces and dumpsters	40 feet for buildings and structures (except permitted signs); 25 feet for off-street parking and loading spaces and 50 feet for dumpsters
	Both sides	50 feet for buildings and structures (except permitted signs); 30 feet for off-street parking and loading spaces and dumpsters	80 feet for buildings and structures (except permitted signs); 50 feet for off-street parking and loading spaces and 100 feet for dumpsters
	Rear	25 feet for all buildings, structures, off-street parking and loading spaces and dumpsters	40 feet for all buildings, structures, off-street parking and loading spaces and 50 feet for dumpsters
	Minimum required setback from residential zone	50 feet for buildings, structures, off-street parking and loading spaces, and dumpsters	250 feet for uses (e.g., buildings, structures, access drives, off-street parking and loading, outdoor storage, dumpsters, etc.) that operate between the hours of midnight and 6:00 a.m.; 50 feet for other buildings, structures, off-street loading, dumpsters and off-street parking
	Maximum permitted impervious lot coverage	70%	60%: subject to increase in § 220-121.10 of this chapter
	Maximum permitted building height	35 feet	35 feet

L. The applicant shall submit a sign plan that demonstrates compliance with all applicable regulations of § 220-45 of this chapter. Any subsequent substitution of a sign originally approved for a regional planned center that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs within a regional planned center shall require special exception approval.

M. For regional planned centers, the applicant shall submit written expert evidence that demonstrates compliance with the light and glare requirements of § 220-48B of this chapter; however, all planned centers must comply with § 220-48B of this chapter.

N. For regional planned centers, the applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of this chapter and the SLDO (Chapter 194); however, all planned centers must comply with all applicable provisions of this chapter and the SLDO (Chapter 194). Such landscape plans shall include but not be limited to details depicting:

(1) Landscape buffers and screens used to protect adjoining residential zones and residential uses;

(2) Screening used to prevent the spillage of headlights onto adjoining properties;

(3) Typical interior landscape island treatments;

(4) Typical landscape strip treatments; and

(5) Landscape treatments at the planned center access drives' intersections with streets.

O. Applicants of planned centers are encouraged to design and construct buildings that complement the Township's developing landscape. To that effect, the Township offers an optional set of architectural design standards that are tied with the granting of a density bonus for regional planned centers. In this case, applicants may opt to obtain a prescribed increase in permitted lot coverage in return for the use of the following specific architectural design guidelines. A developer desiring to obtain such approval shall, when making application for approval for a regional planned center, also make application for approval under this section. The Zoning Hearing Board shall consider both requests simultaneously. These optional standards may only be applied to the proposed use upon approval by the Zoning Hearing Board and written acceptance by the applicant of all requirements of this section, and any valid conditions of approval attached by the Zoning Hearing Board:

(1) Buildings and sites should be designed by qualified architects and constructed and maintained so that they:

(a) Make use of nonmetal exterior wall materials as viewed from adjoining streets and residentially zoned properties;

(b) Employ earth-tone, pottery-tone or Williamsburg-type colors;

(c) Visually screen heating, ventilation, air-conditioning, elevator, or other mechanical appurtenances, from adjoining streets and properties; and

(d) Place utilities underground;

(2) The applicant shall submit graphic elevations drawn to scale by an architect registered in the Commonwealth of Pennsylvania depicting compliance with these standards with proposed materials labeled and a corresponding color palette;

(3) In return for compliance with the above-described design standards, the Township will award an increase in permitted lot coverage to a maximum of 70% for the regional planned center;

(4) Existing regional planned centers that desire to incorporate the architectural design standards in return for the increase in permitted lot coverage after the original special exception approval shall require another special exception approval at that time;

(5) Should any part of this § 220-121.1O be declared invalid by the courts, the entire § 220-121.1O shall be automatically repealed.

P. For regional planned centers, the Zoning Hearing Board may permit the modification of the design standards contained within this § 220-121.1 in order to encourage the use of efficient and innovative design; no modification of design shall apply to any other section of the Zoning Ordinance and/or the SLDO outside of that contained within this § 220-121.1. A developer desiring to obtain such approval shall, when making application for approval for a planned center, also make application for approval under this section. The Zoning Hearing Board shall consider both requests simultaneously. Any modification of the design standards shall be subject to the following standards:

(1) Such modifications of design standards better serve to provide for a safe, attractive and functional planned center that can offer important goods and services to local residents;

(2) Such modifications of design standards would not result in adverse impact to the use and enjoyment of nearby properties, nor future occupants of the regional planned center;

(3) Such modifications will not as a result jeopardize the safe functioning of adjoining roads and intersections; and

(4) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the preceding criteria of § 220-121.1P(1) through (3);

(5) Existing planned centers that seek to deviate from the requirements of this § 220-121.1 after the original special exception approval shall require another special exception approval at that time.

§ 220-122 Slaughtering, processing, rendering, and packaging of food products and by-products.

Within the (I-2) Zone, slaughtering, processing, rendering, and packaging of food products and their by-products are permitted by special exception, subject to the following criteria:

A. Minimum lot area: five acres;

B. The subject site shall have access to a collector or arterial road;

C. Public sewer and public water facilities shall be utilized;

D. All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;

E. All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;

F. The applicant shall furnish a working plan for animal containment and for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented;

G. All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line;

H. The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;

I. The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels;

J. The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;

K. No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line, nor 500 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or VO) Zone;

L. All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip;

M. Sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination, by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines;

N. Where wastewater pretreatment is required by the EPA or local authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;

O. Public water supplies shall be tested for water potability prior to approval, and annually thereafter, the results of which shall be regularly submitted to the USDA;

P. All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;

Q. The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations;

R. The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road;

S. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads;

T. All access drives onto the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 100 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a one-hundred-fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels; and

U. The applicant shall furnish a traffic impact report prepared by a professional traffic engineer in accordance with § 220-50 of this chapter.

§ 220-123 Solid waste disposal, recycling and processing facilities.

Within the (I-2) Zone, solid waste disposal, recycling and processing facilities are permitted by special exception, subject to the following criteria:

A. Any processing of solid waste (including, but not limited to, incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building;

B. No refuse shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line, and 500 feet of any land within an (R, R-1, R-2, R-3, MHP, and/or VO) Zone;

C. Any area used for the unloading, transfer, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction;

D. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;

E. The use shall be screened from all roads and adjoining properties;

F. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed will not back up onto public roads;

G. All driveways onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, a fifty-foot long gravel section of driveway should be placed just beyond the preceding two hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels;

H. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates, or other positive means designed to deny access to the area at unauthorized times or locations;

I. Hazardous waste, as described by the PA DEP, shall not be disposed of within the proposed area;

J. Litter control shall be exercised to prevent the scattering of windborne debris, and a working plan for the cleanup of litter shall be submitted;

K. The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator;

L. Any waste that cannot be used in any disposal process/or material that is to be recycled, shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building;

M. All storage of solid waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours;

N. A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted;

O. Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP's regulations;

P. All structures shall be set back at least a distance equal to their height;

Q. Water supply.

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

(2) In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the Township and Authority engineers;

(3) A water system which does not provide an adequate supply of water for the proposed development, considering both quantity, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Zoning Hearing Board;

(4) A water feasibility study shall include the following information:

(a) Calculations of the projected water needs;

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

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

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

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

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

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

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

R. A traffic impact report shall be provided in accordance with § 220-50 of this chapter; and

S. A minimum fifty-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

§ 220-124 Truck or motor freight terminals.

Within the (I-1 and I-2) Zones, truck or motor freight terminals are permitted by special exception, subject to the following criteria:

A. The applicant shall furnish a traffic impact report, prepared by a professional traffic engineer, in accordance with § 220-50 of this chapter;

B. The subject property shall have a minimum of 300 feet of road frontage along an arterial and/or collector road;

C. The subject property shall be located no closer than 500 feet from any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

D. All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to street;

E. Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

F. Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

G. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties;

H. The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

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

J. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines; and

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

§ 220-125 Two-family conversions.

Within the (A, C, R, R-3, and C-1) Zones, a single-family detached dwelling may be converted into two dwelling units by special exception, subject to the following criteria:

A. The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized;

B. No modifications to the exterior of the building (except fire escapes) which would alter its residential character, shall be permitted;

C. Each unit shall have direct means of escape to ground level;

D. Four off-street parking spaces shall be provided; and

E. Two-family conversions shall only be permitted within single-family detached dwellings that contained at least 3,000 square feet of habitable floor area on the effective date of this chapter.

§ 220-126 Warehousing and wholesale trade establishments.

[Amended 9-20-2018 by Ord. No. 2018-03; 11-18-2021 by Ord. No. 2021-04]

Within the (I-1 and I-2) Zones, warehousing and wholesale trade establishments are permitted by right, subject to the following criteria:

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

(1) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

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

(3) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including, but not limited to, those listed in § 220-48 of this chapter; and

(4) A traffic impact report prepared in accordance with § 220-50 of this chapter;

B. The subject property shall be located no closer than 500 feet from any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus unless the applicant complies with all of the following requirements;

(1) Surfacing - All areas devoted to movement, storage, loading/unloading and/or parking of trucks and trailers shall be constructed according to the local street standards in § 194-25K of the SLDO; and,

(2) Location - Loading areas shall be located in the side and rear yard. No exterior portion of a loading facility, related mechanisms or structures and access drives shall be located within 50 feet of any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus. Where practical, loading facilities, related mechanisms or structures and access drives shall be located along the wall of a building that does not face any (R, R-1, R-2, R-3, MHP, and/or VO) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

(3) Noise - Prior to approval of any application for a land development (when applicable) and/or issuance of a zoning permit, the applicant shall submit qualified expert evidence that the proposed use will comply with § 220-48A of this Zoning Ordinance, except as modified that short-term temporary noises and infrequent instantaneous noises may be permitted at noise levels 10 dBA higher than § 220-48A(1), but only between the hours of 7:00 a.m. and 10:00 p.m. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not violate § 220-48A of this Zoning Ordinance.

(4) Noise attenuation. In addition to, or as part of screening required under § 220-44C of this Zoning Ordinance, the applicant shall be required to install a minimum twelve-foot-high noise attenuation barrier; however, the height of the noise attenuation barrier may be adjusted in accordance with the following schedule:

Minimum required setback between noise attenuation barrier and closest adjoining lot line and/or street right-of-way (feet)	Minimum required height of noise attenuation barrier (feet)
100	12
150	10
200	9
250	8
300	7
350	6

Such barrier shall be located so as to maximize the noise attenuation measured at the perimeter property line of the subject property. All structures, storage, parking, or any other related activity or operation shall be located behind this barrier in relation to adjoining properties and street rights-of way. Along any adjoining property line and road there shall be a landscape strip that complies with § 220-44B(2) of this Zoning Ordinance. Such barrier may also be fitted with vegetative materials that attenuate dust and particulate matter;

(5) Lighting - Prior to approval of any application for a land development (when applicable) and/or issuance of a zoning permit, the applicant shall submit qualified expert evidence that the proposed use will comply with § 220-48B of this Zoning Ordinance. In addition, the applicant must demonstrate that the lighting levels at the perimeter property line shall not exceed 0.1 footcandle where adjoining lands within the (R, R-1, R-2, R-3, MHP, VO and/or MR) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus; and,

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

D. Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

E. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

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

G. The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

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

I. The applicant shall designate and reserve sufficient space on the site to accommodate staged or queued vehicles awaiting loading/unloading at a rate of no less than 5% of the projected maximum number of trips per day.

§ 220-127 Wholesale compost processing and distribution.

Within the (C) Zone, wholesale compost processing and distribution is permitted by special exception, subject to the following criteria:

A. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads;

B. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels;

C. The unloading, processing and transfer of compost shall be continuously supervised by a qualified facility operator and said areas shall be screened from adjoining properties used for residential purposes;

D. Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations;

E. A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip;

F. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site, and safe through-movement on the existing road; and

G. Any area or structure used for the storage, loading, processing and/or packaging of compost shall be set back at least 100 feet from all property lines, and 500 feet from any properties within the (R, R-1, R-2, R-3, MHP, and/or VO) Zones. In addition, any ventilation outlets must be oriented away from any land within said zones.

§ 220-128 Worship retreat camps.

Within the (C) Zone, worship retreat camps are permitted by special exception, subject to the following criteria:

A. The minimum required lot area shall be 100 acres;

B. As part of the site planning process for this use, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Then, the applicant shall demonstrate how the protection of each of the following features contained on the site is accomplished through the design of the proposed use:

(1) One-hundred-year floodplains;

(2) Steep slopes (greater than 15%);

(3) Wetlands, wellhead protection areas, streams, ponds, or other water bodies;

(4) Sinkholes, caves, vistas, or other significant geologic features;

(5) Threatened or endangered species habitats;

(6) Archaeological resources;

(7) Historic resources; and

(8) Significant stands of mature trees.

C. No building, off-street parking lot or loading area, athletic field or court, playground, picnic pavilion, campsite, dumpster or other similar structure shall be located within 100 feet of a property line; except that one entrance sign may be located within 50 feet of the front property line at the vehicular entrance to the site;

D. An unlimited number of on-site directional and information signs are permitted, provided such signs reasonably relate to the number and scale of facilities contained on the site. Such signs shall be limited to no more than 10 square feet of total sign area, with a maximum permitted height of 10 feet;

E. No more than 15 campsites per acre within a campground is permitted, and each campsite shall either provide parking space which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

F. An internal road system shall be provided in accordance with § 194-25 of Chapter 194, Subdivision and Land Development;

G. All campgrounds shall furnish centralized sanitary and garbage collection/recycling facilities that shall be screened from adjoining residentially zoned properties;

H. Every worship retreat camp shall have an office in which shall be located the person responsible for operation of the facility. Such person shall maintain a registration log of guests and staff on the site;

I. All water facilities, sewage disposal systems, rest rooms, solid waste disposal, and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PA DEP);

J. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets;

K. Occupancy of a campsite by the same guest shall be limited to no more than 181 days during any calendar year;

L. The proposed use must obtain and maintain a permit from the Pennsylvania Department of Health, if required by the state;

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

N. The applicant shall furnish qualified evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. All uses must comply with § 220-48 of this chapter;

O. The applicant shall provide for adequate safety signs to warn pedestrians and motorists of trail crossings; and

P. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 220-42 of this chapter. In addition, if warranted by the conduct of special events or community gatherings, the Board may require an unimproved/grassed overflow parking area for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives. Overflow parking areas may also require fencing to prevent vehicles from crossing adjoining properties.

§ 220-129 Municipal service ventures.

Within any zone, municipal service ventures are permitted by special exception subject to the following standards:

A. The purpose of this section is to enable local volunteer fire and ambulance companies that serve areas within East Cocalico Township to conduct limited businesses and other activities that assist in their fundraising and service to the community. These uses can be permanent businesses or temporary events. The types of uses and activities permitted have not been specifically listed so that creativity and innovation can lead to better fundraising potential. However, applicants will be required to demonstrate by credible evidence that the proposed use:

(1) Will generate revenues that can financially assist the delivery of fire protection and/or ambulance service;

(2) Is sized and designed to remain compatible with adjoining properties and the uses permitted thereupon;

(3) Will not adversely affect surrounding properties by reason of noise, vibration, light, litter, and hours of operation;

(4) Will not generate traffic that will reduce the functional capacity on adjoining roads and at nearby intersections;

(5) Will comply with all applicable standards imposed by this chapter and Chapter 194, Subdivision and Land Development;

(6) Will have adequate means of sewage disposal, water supply and stormwater management; and

(7) Will be adequately managed at all times to ensure that the use will minimize its impact on neighboring properties at levels that are consistent with other uses permitted in the area.

§ 220-129.1 Adaptive use with more than one principal use of building.

[Added 10-1-2008 by Ord. No. 2008-03]

Within the (C-1), (C-2), (I-1) and (I-2) Zones, adaptive use with more than one principal use of a building that existed on October 6, 2008; or adaptive use with more than one principal use of a building that gained land development approval after October 6, 2008; are both, subject to the following requirements:

A. The building may be expanded beyond the footprint that existed on October 6, 2008, as long as such expansion meets all setback requirements of the underlying zoning district and complies with § 220-129.1G regulating lot coverage. If the building is nonconforming as to a setback, then the building may be extended along the same nonconforming setback(s) line as long as no new nonconformities are created.

[Amended 10-3-2019 by Ord. No. 2019-07]

B. Uses shall be limited to those permitted by right within its respective zone as listed in Article II of this chapter;

C. Each use must be served by both public sewer and public water;

D. Each use must satisfy the current number of required off-street parking spaces as listed in § 220-42C(2) of this chapter; however, § 220-42C(3)(b) shall apply;

E. The current number of required off-street loading spaces as listed in § 220-43F of this chapter shall be provided on the site;

F. Each use must satisfy the current outdoor sign requirements as listed in § 220-45 of this chapter, except that no more than one freestanding sign shall be permitted for the entire site. Such freestanding sign shall not exceed 100 square feet in area or 20 feet in height. In addition, no more than one freestanding temporary sign shall be permitted upon the site at any one time;

G. The lot coverage may not be expanded beyond that existing on October 6, 2008; the lot coverage approved via the most recent land development review after October 6, 2008; or, in compliance with the current lot coverage requirements of the property's respective zone;

H. Vehicular access to the site shall be limited to that existing or that approved via the most recent land development review process. Each principal use shall be guaranteed unrestricted vehicular access. Configurations relying upon shared access shall require the implementation of a joint use access drive agreement recorded in a form acceptable to the Township Solicitor;

I. Each principal use must comply with the current landscaping and screening requirements as listed in § 220-44 of this chapter;

J. Each principal use must comply with the current requirements for waste products as listed in its respective zone; and

K. Outdoor storage shall be regulated as listed in its respective zone.

L. Any building or structure, including but not limited to parking facilities, screening, lighting and other site conditions, that lawfully existed on October 6, 2008, may be continued, although it is not in conformity with the regulations specified by this chapter, as long as there is no increase or expansion in the existing nonconformities.

[Added 10-3-2019 by Ord. No. 2019-07]

§ 220-129.2 Power generation facilities.

[Added 6-19-2014 by Ord. No. 2014-05]

Within the (I-1) Zone, power generation facilities as a principal use are permitted by special exception, subject to the following criteria:

A. All power generation facilities that rely upon "municipal and residual wastes," as defined by the PA DEP, shall be operated by the Lancaster County Solid Waste Management Authority.

B. Any processing and/or treatment of materials (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

C. No materials or waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line, and 500 feet of any adjoining land within the (R-1, R-2, R-3, MHP, VO and MR) Zones.

D. Any external area used for the unloading, transfer, storage, or deposition of material or waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by a minimum eight-foot-high fence, with no openings greater than two inches in any direction.

E. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

F. The use shall be screened from all adjoining land within the (R-1, R-2, R-3, MHP, VO and MR) Zones.

G. All uses shall provide sufficiently long stacking lanes into the facility so that waiting vehicles will not back up onto public roads.

H. All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

I. Access to the site shall be limited to those posted times when an attendant is on duty. All areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

J. The unloading, processing, treatment, transfer, and disposal of material/waste shall be continuously supervised by a qualified facility operator.

K. Any waste that is to be recycled shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.

L. All storage of material or waste shall be indoors in a manner that is leak- and vectorproof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but in no event for more than 72 hours.

M. A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Township.

N. All structures shall be set back at least a distance equal to their height.

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

P. If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1) Calculations of the projected water needs;

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

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

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

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

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

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

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

Q. The applicant shall provide a qualified traffic impact report in accordance with § 220-50 of this chapter.

R. The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of fuel, waste or materials during transport to and from the site, and potential hazards regarding Township firefighting of fuel, waste or materials upon the site.

S. Power generation systems may be erected as detached 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 (I-1) Zone.

T. Power generation systems may be erected as detached structures or attached to a building, provided that the structural components of such systems comply with all applicable setbacks of the (I-1) Zone.

U. The following provisions shall specifically apply to geothermal systems:

(1) 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.

(2) Prior to installation, all installation specifications and drawings for the geothermal system must be certified by a registered engineer within the Commonwealth of PA as conforming to the installation standards of the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.

(3) The vertical geothermal system well (or wells) installation will be made only by a Pennsylvania-licensed well driller.

(4) No geothermal system subsurface loops and/or related geothermal boreholes will be located closer than 100 feet from any existing or planned drinking water wells, 25 feet from any existing or planned on-lot sewage disposal systems or 20 feet from any and all property lines.

(5) 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.

(6) 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.

(7) 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.

(8) 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:

(a) Accurate written records and a written geologic log;

(b) Accurate records with respect to grouting for each such well;

(c) 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;

(d) Written documentation of the geothermal system testing and certification; and

(e) 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:

[1] 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

(9) 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.

V. Aboveground power generation systems shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white or gray with flat finishes. 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.

W. On-site electrical transmission and power lines connected to or associated with the energy system that are not contained within a building shall be located underground.

X. 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.

Y. The applicant shall provide written evidence that the proposed power generation 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.

Z. 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 power generation system.

AA. The applicant shall provide written evidence from the Township Fire Official that the proposed use can be adequately protected and that, if necessary, a suitable emergency response plan has been implemented to serve the proposed use.

BB. The design and installation of the power generation system shall conform to applicable industry standards, including those of the American National Standards Institute and the Uniform Construction Code, and be subject to all applicable permit requirements thereof as well as all other applicable laws, codes and regulations.

CC. In addition to those materials required in § 220-148B of this chapter for a building permit, applicants for power generation facilities shall be required to submit:

(1) A narrative describing the system and its principal components, including, but not limited to, related ancillary facilities;

(2) Information about its potential energy generating capacity and anticipated generation; and

(3) 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.

DD. The applicant shall submit a written plan for the removal of the power generation system once it is no longer operational in accordance with the following:

(1) The applicant/owner shall, at its expense, complete decommissioning of the power generation system within 12 months after the end of the useful life of the system. The system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

(2) The removal of the aboveground power generation system components shall be completed within 12 months of decommissioning of the system. All disturbed earth shall be restored, graded and reseeded unless a building permit has been issued for another use to take its place.

(3) The landowner or facility operator shall post and maintain decommissioning funds in an amount equal to decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by the Township.

(4) An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the power generation system. All such inspection fees shall be paid by the landowner.

(5) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable by the Township.

(6) If the applicant/owner fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with the laws of the Township and the Commonwealth of Pennsylvania.

(7) The Township may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the removal plan.

(8) The applicant shall, at all times, maintain on file with the Township Zoning Officer the current name and contact information of the party responsible for the operation and maintenance of the power generation system.

§ 220-129.3 Wind and/or solar farms.

[Added 6-19-2014 by Ord. No. 2014-05]

Within the (A and I-1) Zones, wind and/or solar farms are permitted by special exception, and within the (C) Zone, wind farms are permitted by special exception, all subject to the following specific criteria:

A. The applicant shall prepare and submit a narrative and mapping describing the proposed wind and/or solar farm, including:

(1) An overview of the project;

(2) The project location;

(3) The approximate generating capacity of the wind and/or solar farm;

(4) The approximate number, representative types and height or range of heights of wind turbines, solar panels and/or solar shingles to be constructed, including their generating capacity, dimensions and respective manufacturers;

(5) Wind turbine system specifications, including manufacturer and model, rotor diameter, tower height, and tower type — freestanding or guyed;

(6) A completed glare study ensuring that reflective glare is not directed towards nor upon any adjacent properties as well as any adjacent street rights-of-way. The glare study shall include analyses sufficient to demonstrate:

(a) The angle of the solar collector system panels, arrays, cells, shingles, etc., at the location;

(b) A diagram showing the maximum and minimum angles of reflective glare from the solar collector system panels, arrays, cells, shingles, etc., at the location and the relationship of that glare to adjacent properties, structures and rights-of-way; and

(c) A mitigation plan that limits or eliminates reflective glare on adjacent properties, structures, and rights-of-way.

(7) A description of accessory facilities;

(8) An affidavit or similar evidence of agreement between the property owner(s) and the applicant demonstrating that the applicant has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind and/or solar farm;

(9) A listing and map of the properties on which the proposed wind and solar farm will be located, and the properties adjacent to where the wind and/or solar farm will be located; and

(10) A site plan showing the planned location of each wind turbine and/or solar panel, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind and/or solar farm to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, towers and foundations, guy wires, and layout of all structures within the geographical boundaries of any applicable setback.

B. The applicant shall demonstrate with credible expert evidence that:

(1) To the extent applicable, the wind and/or solar farm shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 - 403.142, and the Township Building Code.

(2) The design of the wind and/or solar farm 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 applicant shall submit certificates of design compliance obtained by the equipment manufacturers.

(3) The public utility company has been informed of the applicant's intent to install an interconnected generator and also approval of such connection. Off-grid systems shall be exempt from this requirement.

(4) Each of the proposed wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(5) All electrical components of the wind and/or solar farm shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.

(6) Wind turbines shall be a nonobtrusive color such as white, off-white, gray or some color similar to the background of the proposed wind turbine and have a flat finish.

(7) Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

(8) Wind turbines shall not be installed in any location where they would interfere with existing fixed broadcast, retransmission, or reception antennas. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No wind turbine shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.

(9) 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.

(10) Wind turbines shall be located and designed to minimize shadow flicker to adjoining properties.

(11) Wind turbines shall not cause ground vibrations perceptible beyond the property line of the site.

(12) Wind turbines shall not cause ice to be thrown or shredded beyond the property line of the site.

(13) Wind turbines and/or solar panels shall not display advertising, other than an incidental insignia of the turbine/panel manufacturer. In no case shall such identification exceed 200 square inches per panel or turbine.

(14) On-site transmission and power lines between wind turbines and/or solar panels shall, to the maximum extent practicable, be placed underground.

(15) A clearly visible warning sign concerning voltage must be placed at the base of all at-grade transformers and substations.

(16) Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of each guy wire and along each guy wire up to a height of 10 feet from the ground. The applicant shall also submit a working plan for the regular inspection of such guy wires and replacement of any needed flags, reflectors, or tape.

(17) Wind turbines and/or solar panels shall be designed and constructed to be nonclimbable up to 15 feet above ground surface.

(18) All access doors to wind turbines and/or solar panels and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(19) 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 road right-of-way	1.5 times turbine height

(20) The minimum height of a wind turbine shall be such that there shall be maintained a minimum of 15 feet of ground clearance, as measured between the closest ground surface to the tip of the blade at its lowest turning movement or any other feature of the turbine at its closest point to the ground.

(21) The maximum height of a wind turbine shall be 50 feet, as measured from the ground 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.

(22) Solar energy panels and/or shingles shall be designed and located in order to minimize reflective glare and/or heat towards any adjoining use and/or road.

(23) The applicant shall be responsible for the prompt repair and maintenance of all roads used to transport equipment and parts for construction, operation or maintenance of the wind and/or solar farm. The applicant shall prepare an engineering report that documents road conditions prior to construction and again within 30 days after construction is complete or as weather permits. Such reports shall be reviewed by the Township Engineer; any discrepancies shall be mediated by a third engineer selected by mutual acceptance by the applicant's and Township's engineers. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads, and the Township may bond the road in compliance with state regulations.

(24) The applicant shall provide a copy of the project summary and site plan as required in § 220-129.3A of this chapter to the Township Fire Official. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind and/or solar farm acceptable to the Township Fire Official.

(25) Within the (A) Zone, the location of any ground-mounted solar energy system and/or ground-mounted wind energy system is not situated upon Class 1 or 2 prime agricultural soils according to the latest USDA soil survey for Lancaster County, PA.

C. Audible sound from a wind and/or solar farm 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.

D. 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 calculated in the lot coverage of the lot on which the system is located. The surface area of a ground-mounted solar energy system and/or a ground-mounted wind energy system shall not exceed 30% of maximum lot coverage of the lot. For panels that self-adjust, the lot coverage of each solar panel shall be calculated at that angle with the greatest horizontal exposure.

E. The applicant shall make reasonable efforts to minimize shadow flicker and to avoid any disruption or loss of radio, telephone, television or similar signals. The applicant shall mitigate any such harm caused by the wind and/or solar farm on any adjoining property.

F. The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $2,000,000 per occurrence and $2,000,000 in the aggregate. Certificates of insurance coverage shall be made available to the Township each year that the wind and/or solar farm operates.

G. All owners of a wind and/or solar farm shall maintain the facility in a safe condition and good repair at all times. Whenever any 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 system is located that such system shall be made safe or removed. The disposal of such systems shall comply with all applicable Township, county, state, and federal regulations.

H. The applicant shall be responsible for the decommissioning of the wind and/or solar farm in accordance with the following requirements:

(1) The applicant shall, at his/her expense, complete decommissioning of the wind and/or solar farm, or individual wind turbines, within 12 months after the end of the useful life of the wind and/or solar farm or individual wind turbines or solar panels. The wind and/or solar farm or individual wind turbines or solar panels will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2) Decommissioning shall include removal of wind turbines and solar panels, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(3) Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(4) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter at the applicant's and/or any successor's expense.

(5) The applicant shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided the decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, and provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

(6) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

(7) If the applicant fails to complete decommissioning within the period prescribed by § 220-129.3H(1) of this chapter, then the landowner shall have six months to complete decommissioning.

(8) If neither the applicant nor the landowner completes decommissioning within the periods prescribed by § 220-129.3H(1) or § 220-129.3H(7) of this chapter, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township in accordance with § 220-129.3A(8) of this chapter shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.

(9) The escrow agent shall release the decommissioning funds when the applicant has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.

I. The applicant shall be required to submit written verification that the Township Fire Official has reviewed the proposed plans and the proposed solar farm shall be arranged to provide for fire lanes at acceptable intervals and of sufficient width to ensure adequate fire protection.

J. All owners of property upon which a wind and/or solar farm is installed shall be required to acknowledge in writing to the Township that the approval of the wind and/or solar farm 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 or wind 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.