Township of Hilltown, PA Article IV Use Regulations

§ 160-17 Applicability of regulations.

[Amended 5-28-2013 by Ord. No. 2013-2]

Except as provided by law or by this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in § 160-22 and for the zoning districts so indicated except that any legally existing use B-1, Single Family Dwelling that is not a mobile home located in the MHP Zoning District shall be regulated and allowed to be used and expanded per the dimensional requirements of the CR-2 Zoning District, until such time as the principal use shall cease to be a B-1, Single Family Dwelling. In addition, only one principal use shall be permitted on any property, parcel, lot or tract of land located in the PC-2 District.

§ 160-18 Use type classifications.

A. A use listed in § 160-22 is permitted by right in any district denoted by the letter “Y” subject to such requirements as may be specified in § 160-23, and after a Zoning Permit has been issued in accordance with Article VIII.

B. A use listed in § 160-22 may be permitted as a special exception in any district denoted by the letters “SE,” provided the Zoning Hearing Board authorizes the issuance of a Zoning Permit by the Zoning Officer, subject to the requirements of § 160-23 and Article VIII and such further restrictions as said Board may establish.

C. A use listed in § 160-22 is permitted as a conditional use in any district denoted by the letters “CU,” provided the Board of Supervisors, having received recommendations from the Planning Commission within 60 days of receipt of the petition, grants the conditional use subject to the expressed standards set forth in §§ 160-23 and 160-94, and such further conditions that the Board of Supervisors may impose to ensure the protection of adjacent uses, and/or the health, safety, and general welfare of the persons therein.

D. A use listed in § 160-22 is prohibited and not permitted in any district denoted by the letter “N.”

§ 160-19 Uses subject to additional regulations.

[Amended 10-24-2022 by Ord. No. 2022-002]

All permitted uses by right, condition or special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, and to such other provisions as are specified herein. In particular, the laws of the commonwealth and the regulations of the Pennsylvania Department of Environmental Protection (PaDEP) and the Bucks County Department of Health regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the Bucks County Department of Health and/or the PaDEP for sewage disposal, unless the premises are served by public sewage facilities and then certification from the servicing authority shall be presented that a connection and allocation has been approved.

§ 160-20 Accessory and temporary uses and structures.

A. Accessory uses and structures on the same lot and customarily incidental to the permitted principal use are permitted by right subject to the provisions of § 160-23I of this chapter. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction on the same lot, subdivision, or land development, or other special circumstance or event of a nonrecurring nature subject to the provisions of § 160-23I(6) of this chapter.

B. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary Zoning Permits according to § 160-23, Use I6.

§ 160-21 Airport hazard regulations.

A. Airport hazard use restrictions. Notwithstanding any other provision of this section, no use shall be permitted of land or water within any zone in such a manner as to:

(1) Create electrical interference with navigational or radio communications between an airport and aircraft;

(2) Make it difficult for pilots to distinguish between airport lights and other lights;

(3) Result in glare in the eyes of pilots using an airport;

(4) Impair visibility in the vicinity of an airport;

(5) Create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use an airport; and

(6) Encroach into the regulated air space as established and defined by the Pennsylvania Department of Transportation’s State Bureau of Aviation.

B. Airport zone height limitations. Except as otherwise provided in this chapter, no use shall be permitted and no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport zone established by this chapter to a height in excess of the applicable height limit herein established for each zone. Such applicable height limitations are hereby established for each of the zones as follows:

(1) AVA Airport Utility Runway Visual Approach Zone: slopes of 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

(2) AT Airport Transitional Zone: slopes seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 670 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

(3) AH Airport Horizontal Zone: established at 150 feet above the airport elevation or at a height of 820 feet above mean sea level.

(4) AC Airport Conical Zone: slopes 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

C. Special airport hazard permits.

(1) Applicability. Except as specifically provided hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any airport hazard zone herein created unless a permit therefor shall have been applied for and granted by the Zoning Officer. Each application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been granted in accordance with this chapter.

(2) Airport hazard exceptions. Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit the construction or alteration of any structure, or growth of any tree in excess of any of the height limits established by any applicable section of this chapter:

(a) In the area lying within the limit of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limit prescribed for such airport hazard zone.

(b) In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,000 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such airport approach zone.

(c) In the areas lying within the limits of the airport transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limit prescribed for such airport transition zones.

(3) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this original ordinance, including all amendments thereto, or than it was when the application for a permit was granted. Except as indicated, all applications for a special airport hazard permit shall be granted.

(4) Conditional permits. Any permit of variance granted may, if such action is deemed appropriate to effectuate the purpose of this section and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary.

(5) Relief. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the airport hazard regulations prescribed herein, may apply to the Hilltown Township Zoning Hearing Board in accordance with the applicable provisions of this chapter. In addition to the requirements for a variance contained herein, the application for an airport hazard variance shall be accompanied by a written determination from the Federal Aviation Administration as to the effect of the proposal upon the operation of air navigation facilities and the safe, efficient use of the navigable airspace. Furthermore, and prior to the public hearing regarding the variance request, the applicant shall provide a complete application, including all supporting documents to the owner of the real property on which the subject airport is located to allow review and comment by same regarding the aeronautical effects proposed by the variance request. In the event that the noticed owner does not respond to the Board within 15 days after receipt of said notice, the Zoning Hearing Board may act on its own to grant or deny said application as provided and in accordance with this chapter and the Municipalities Planning Code, Act 247, as amended.

§ 160-22 Table of Use Regulations.

[Amended 5-24-2004 by Ord. No. 2004-4]

The Table of Use Regulations is included as an attachment to this chapter.

§ 160-23 Use type regulations.

A. Agricultural and Horticultural Uses.

(1) A1 Agricultural Use. Agricultural use includes tilling of the soil and raising of livestock, horses, fur-bearing animals (animals raised for the sale of their fur) or poultry. The keeping or raising of livestock, horses, fur-bearing animals or poultry shall be limited to lots of at least three acres in area. Lots of three acres, but less than four acres, shall be limited to two head of livestock or horses, or 50 fowl. Lots of four acres up to 10 acres shall allow two additional head of livestock or horses per acre, or 50 fowl per acre. Livestock shall be considered those animals commonly raised on farms in this area, such as cows, sheep, goats and pigs. All buildings used for the keeping or raising of livestock, horses, fur-bearing animals or poultry shall be located not less than 100 feet from a side or rear property boundary. Not more than 9% of the total lot area shall be in impervious surfaces. Riding academies, livery or boarding stables and commercial dog kennels are not included in this provision. All buildings associated with this use, i.e., barns, sheds, silos and the like, shall also be permitted. Where this use adjoins existing residential uses, buffering in accordance with this chapter shall be provided. Adequate provisions shall be made for the control of noise and odor and the confinement of the animals to the property.

[Amended 7-22-2002 by Ord. No. 2002-6; 6-25-2007 by Ord. No. 2007-8; 10-24-2022 by Ord. No. 2022-002]

(a) Parking: one off-street parking space for each employee.

(2) A2 Nursery. Nursery uses shall be the growing of plants, shrubs, or trees, either from seed or from immature plants that are raised to marketable size.

[Amended 2-22-2010 by Ord. No. 2010-1; 5-28-2013 by Ord. No. 2013-2]

(a) Nursery products may be sold at a roadside stand located upon the property.

[1] Pursuant to the Right to Farm Act, 3 P.S. § 953(b), 50% or more of the nursery products sold at the roadside stand must be produced on the property.

[2] A roadside stand shall not exceed a maximum size of 250 square feet; and shall also provide, to the satisfaction of the Township Zoning Officer, a safe means of ingress and egress from a public street as well as sufficient off-street parking to accommodate customers.

(b) The sale of nursery products sold from a stand or structure greater than 250 square feet shall not be permitted as a part of an A2 Nursery use. They shall be considered an El Retail Store use and shall be subject to the requirements and standards of that use.

(c) A lot area of not less than three acres shall be required.

(d) Maximum impervious surface ratio: 15%.

(e) All structures and buildings shall meet the yard and setback requirements for all other uses for the district in which the nursery is located.

(f) If any new well is required and/or proposed as a part of an A2 Nursery use, the applicant shall submit to the Township satisfactory documentation as to whether or not the applicant is required to:

[1] Register its proposed water withdrawal and use with the Pennsylvania Department of Environmental Protection in accordance with 25 Pa. Code Chapter 110, as may be amended from time to time; and/or

[2] Obtain a protected area permit from the Delaware River Basin Commission in accordance with 18 CFR Part 430, as may be amended from time to time.

(3) A3 Intensive Agriculture. Intensive agriculture, including greenhouses, feedlots, confinement of livestock or poultry operations taking place in structures or enclosed pens, subject to the following:

(a) In no event shall the impervious surface ratio exceed 9% within the Rural Residential and Country Residential-2 Zoning Districts.

(b) All buildings, pens, or other structures shall be located at least 100 feet from any street, property line or dwelling.

(c) All applicable regulations of the Pennsylvania Department of Environmental Protection shall apply.

(d) If any stream, swale, hydric or alluvial soil is present, it shall be buffered by a seventy-five-foot strip back from the outer edge of the floodplain, hydric, or alluvial soil delineated boundary.

(e) Parking: one off-street parking space for each employee.

(4) A4 Forestry. Refer to definition in § 160-11. Note: All tree trunk diameters in this section shall be measured at 4.5 feet (dbh) above the ground level.

[Amended 5-23-2011 by Ord. No. 2011-6; 10-24-2022 by Ord. No. 2022-002]

(a) Forestry is the management of forests and woodlands through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, beyond tree cutting that is necessary and approved as part of development of land or uses. These provisions are intended to ensure that forestry occurs in accordance with accepted silvicultural practices, as provided in 53 P.S. § 10107 of the Pennsylvania Municipalities Planning Code.

(b) Forestry is permitted by right, provided that a zoning permit shall be required for forestry. The following activities shall not require a zoning permit and are not required to comply with Subsection A(4)(c) or (d):

[1] Removal of diseased or dead trees.

[2] Removal of trees that are in such a condition or physical position as to constitute a danger to a structure or occupants of properties or a public right-of-way.

[3] Removal of trees with a trunk diameter of less than six inches.

[4] Removal of up to five trees with a trunk diameter greater than six inches on each acre of woodland per calendar year, provided such does not exceed 20 trees with a trunk diameter of six inches or more per lot per calendar year, and provided that such tree removal does not involve trees on slopes of greater than 25% or on areas within 60 feet from the center line of a perennial or intermittent stream and 25 feet from the center line of an ephemeral stream. The removal allowed by this Subsection A(4)(b)[4] shall be in addition to trees allowed to be removed under the other subsections of this § 160-23A(4)(b).

[5] For removal of trees as part of a development, §§ 160-25, Site capacity calculations, and 160-28, Environmental performance standards, shall apply in place of this subsection.

[6] Christmas tree farms in which trees are regularly replanted. This exception shall only apply to trees that were planted for harvest.

[7] Tree nurseries in which live trees are removed for replanting on another site. This exception shall only apply to trees that were planted for harvest.

(c) A zoning permit application for forestry shall be accompanied by a forestry plan prepared by a forester, forest technician, or forest plan preparer. The Zoning Officer shall consult with the Township Engineer or a forester retained by the Township to determine the adequacy of the forestry plan. Each plan must contain the following components:

[1] The criteria for selection of trees to be removed must be clearly stated and must conform to a plan for sustainable use of the forest resource. Such plan shall describe how the health and diversity of the forest will be protected and the potential for future timber harvests maintained.

[2] The forestry plan shall address all applicable erosion and sedimentation control and stream crossing regulations under PADEP regulations, 25 Pa. Code Chapter 102, Erosion and Sediment Control, and Chapter 105, Dam Safety and Waterway Management.

[3] Forestry activities located within or discharging to any exceptional value or high quality watershed as classified by PADEP shall comply with all requirements of 25 Pa. Code Chapters 92a and 93. The forestry plan shall specifically state how the applicant intends to comply with these regulations, and shall show the location of all perennial and intermittent watercourses.

[4] The forestry plan shall address, at a minimum, the following:

[a] Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landing.

[b] Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars.

[c] Design, construction, and maintenance of stream and wetland crossings.

[d] Property boundary for the tract on which the logging will occur and boundary of the proposed harvest area.

[e] A stand description for each stand located in the proposed harvest area, including number, species, and diameter of trees to be removed.

[f] Copies of all required permits shall be submitted as an appendix to the forestry plan.

[5] Each forestry plan shall include a site map containing the following information:

[a] Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property.

[b] Significant topographic features related to potential environmental problems.

[c] Location of all earth disturbance activities such as roads, landings, and water control measures and structures.

[d] Location of the crossings of all water bodies, including, but not limited to, waters of the commonwealth.

[e] General location of the proposed operation to Township and state roads, including any accesses to those roads.

[6] Proof of current general liability and/or workers compensation insurance.

[7] Proof of PennDOT highway occupancy permit or Township driveway permit for temporary access, as applicable. The application shall only be approved if the applicant demonstrates to the satisfaction of the Township that the area street system is suitable in terms of structure, cartway width, geometry, safety, and capacity to accommodate the additional truck traffic.

[8] A copy of any plan submitted to the Bucks County Conservation District concerning the proposed erosion control facilities, including any reports submitted therewith.

(d) The following requirements shall apply to all forestry operations, in addition to the requirements for a zoning permit:

[1] The landowner shall notify the Township at least five working days prior to the commencement of operations and upon completion of all work prescribed under the forestry plan.

[2] The forestry plan and all related permits shall be available at the forestry operation site.

[3] Before any permitted logging operation begins, all trees which are to be felled in connection therewith shall be clearly marked on the trunk and stump.

[4] General operational requirements. The following requirements shall govern all forestry operations:

[a] An applicant shall provide proof that buffer distances that are required pursuant to the Department of Environmental Protection's regulations and those recommended in the Penn State College of Agricultural Sciences publication titled Best Management Practices for Pennsylvania Forests are included in the forest and erosion and sedimentation control plans.

[b] All temporary stream crossings of a perennial or intermittent stream shall be made with a temporary bridge. Skidding of trees, and the operation of any vehicle and equipment through a perennial or intermittent stream, shall be prohibited.

[c] Felling or skidding on, or across, any public street is prohibited without written approval of the Township or Pennsylvania Department of Transportation, whichever is responsible for maintenance of street.

[d] No tops or slash shall be left within 25 feet of any public street.

[e] All tops and slash shall be lopped to a maximum height of six feet above the surface of the ground.

[f] No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.

[g] Litter (trash) resulting from any forestry operation shall be cleaned up and removed from the site before it is vacated by the operator.

[h] Any soil, stones and/or debris carried onto a public street must be removed immediately.

[i] On slopes of greater than 25%, uneven-age management shall be practiced where the residual stand must contain 70 square feet of basal area per acre consisting of trees 10 inches or greater in diameter at breast height. No equipment, skidders, dozers, or tracked or tired machines or vehicles shall be permitted on slopes greater than 25%.

[j] When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to the original contours and be seeded and mulched (hardwood or straw mulch) as necessary to establish stable ground cover.

[k] Temporary stone tire cleaning entrance (when required as part of an approved erosion and sedimentation control plan) must be removed, topsoil replaced, and area graded to approximate original contour, and be seeded and mulched to establish stable ground cover.

[l] Snags shall not be cut down unless the snag is a potential hazard to improvements (e.g., dwelling, outbuilding, etc.) on the property.

[5] No tops or slash shall be left within a drainage swale.

[6] The use of clear-cutting must be fully justified by a forestry plan prepared by a qualified professional, and shall comply with § 160-23A4(c)[1]. Detailed information concerning increased stormwater runoff, erosion control, and a plan to ensure regeneration shall be provided. A full set of stormwater calculations shall be submitted to show that post-development peak runoff will not exceed predevelopment peak runoff.

[7] The forestry plan shall provide for replanting where necessary to continue proper forest management.

[8] Pursuant to 67 Pa. Code Chapter 189, the Township may require the landowner or operator to furnish a bond to guarantee the repair of roads.

(e) Enforcement.

[1] Inspections. The Township Zoning Officer or other Township-designated employee or consultant may go upon the site of any forestry/logging operation before, during, or after active forestry to:

[a] Review the forestry plan or any other required documents for compliance with this chapter; and

[b] Inspect the operation for compliance with the forestry plan and other on-site requirements of this chapter.

[2] Violation notices; suspensions. Upon finding that a forestry/logging operation is in violation of any provisions of this chapter, the Township Zoning Officer shall issue the operator and landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township Zoning Officer may order the immediate suspension of any operation upon finding that: 1) corrective action has not been taken by the date specified in a notice of violation; 2) the operation is proceeding without a forestry plan; or 3) the operation is causing an environmental risk. Suspension orders shall be in writing, shall be issued to the operator and landowner, and shall remain in effect until, as determined by the Township Zoning Officer, the operation is brought into compliance with this chapter, or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of the Zoning Officer in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

[3] Penalties. Any landowner or operator who violates any provision of this chapter or who fails to comply with a notice of violation or suspension order issued under Subsection A(4)(e)[2] shall be subject to a fine of not less than $500, nor more than $1,000, plus costs and attorneys' fees in accordance with the Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this chapter shall constitute a separate offense.

[4] Any operator who knowingly and willfully removes trees not designated for removal in the approved forestry plan or removes trees outside of the areas designated for removal by the forestry plan shall be subject to a civil penalty in the amount of $1,000 per tree removed in violation of the provisions of the forestry plan and this chapter.

(5) A5 Riding Academy. Riding academy, livery or boarding stable, subject to the following provisions:

(a) A lot area of not less than five acres shall be required.

(b) Where adjoining existing residential uses, buffering shall be provided in accordance with the buffer tables of this chapter. Adequate provisions shall be made for the control of noise and odor and containment of animals, consistent with the provisions of this chapter.

(c) The total number of horses on the property shall not exceed two horses per acre.

(d) Any building used for the keeping or raising of horses shall be situated not less than 100 feet from any property line.

(e) Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity.

(6) A6 Kennel-Commercial. The keeping of more than three dogs, cats or other domestic pets that are more than six months old for breeding, training, sale or boarding for a fee or as pets, provided the following conditions are met:

[Amended 5-24-2004 by Ord. No. 2004-4]

(a) Minimum lot size shall not be less than 10 acres.

(b) No animal shelter or runway shall be located closer than 300 feet from a property line, and 350 feet from any building other than on the same lot.

(c) Where adjoining existing residential uses, buffering shall be provided in accordance with the buffer tables of this chapter. Adequate provisions shall be made for the control of noise and odor and the containment of animals, consistent with the provisions of this chapter.

(d) The total number of dogs, cats or other domestic pets on the property shall not exceed five dogs, cats or other domestic pets per acre, excluding dogs, cats or other domestic pets under six months old.

(e) Shows and/or competitions which occur on a property not more than twice in any calendar year are not regulated under the use.

(f) Maximum impervious surface ratio: 3%.

(g) Any building or structure, other than noted in Subsection A(6)(b) above, shall meet the lot width, yard and setback requirements for the B1 Detached Dwelling for the applicable zoning district.

(h) Dwelling units shall meet the requirements of use type A8 Farmstead.

[Amended 10-24-2022 by Ord. No. 2022-002]

(i) Retail sales of related items shall be limited to a maximum floor area of 750 square feet.

(j) No area for the storage, processing, or spraying of animal waste shall be situated less than 200 feet from any street or property line.

(k) Parking: one off-street parking space for each employee plus one space for each eight animals in capacity, except for training where one space shall be provided for each three animals.

(7) A7 Agricultural Retail. The retail sales of agricultural products at roadside stands or other structures to the general public as part of the operation of uses A1 or A3 as a business. Such agricultural retail uses shall be permitted provided 50% of the gross sales of the products sold shall be grown on the property.

(a) Parking: one off-street parking space for each 100 square feet of sales area.

(8) A8 Farmstead. The preservation of an existing single-family dwelling and associated agricultural buildings on a designated farmstead lot within a B1 single-family detached or B3 single-family detached conservation design development, or a lot designated as a farmstead lot by recorded covenant in a manner satisfactory to the Township subject to the following requirements:

[Amended 6-25-2007 by Ord. No. 2007-8]

(a) Lot must be located within the Rural Residential Zoning District.

(b) The lot must be designated as a farmstead on an approved subdivision plan or restrictive covenant recorded at the Bucks County Courthouse.

(c) Minimum lot area shall be three acres.

(d) Maximum impervious surface shall be 25% for the farmstead lot. Impervious surface on the farmstead lot shall not be included within the total impervious surface permitted for a proposed subdivision pursuant to site capacity calculations required within § 160-25 of this chapter.

(e) Minimum yards:

[1] Front: 30 feet.

[2] Sides: 25 feet.

[3] Rear: 75 feet.

[4] All agricultural buildings which may be used in the future for the keeping or raising of livestock, horses, fur-bearing animals, or poultry shall be located at least 100 feet from any side or rear property boundary.

(f) Minimum lot width: 150 feet.

(g) Agricultural and horticultural uses shall be permitted subject to compliance with the use regulations of this chapter.

(h) The farmstead is not required to connect to public water or wastewater facilities.

B. Residential.

(1) B1 Single-family detached. Single-family detached dwelling, including mobile homes on individual lots with no required public or community open space. Section 160-26 contains the density and minimum lot area requirements for each zoning district. Once density and lot area are so determined, other appropriate dimensional requirements are governed by the following table:

[Amended 5-28-2013 by Ord. No. 2013-2]

				Minimum Yards (each)
District	Minimum Lot Area (square feet)	Width at Building Line (feet)	Maximum Height (feet)	Front	Side	Rear
RR	50,000	150	35	50	25	75
CR-1	30,000	125	35	45	20	60
CR-2	50,000	125	35	45	20	60
VC	20,000	100	35	35	20	50

(a) Parking: two off-street parking spaces per dwelling unit.

(1.1) B1A Conservation Management Design (CMD). A subdivision in which the minimum lot area and dimensional requirements are reduced to permit increased flexibility of lot design and environmentally sensitive approach to development and stormwater management.

[Added 1-26-2009 by Ord. No. 2009-3; amended 9-26-2011 by Ord. No. 2011-10]

(a) Conservation Management Design (CMD) subdivision is a residential use permitted only in the Rural Residential (RR) and Country Residential 2 (CR-2) residential zoning districts.

(b) Applications for use B1A where in six or more lots are proposed shall include submission of an Existing Resources and Site Analysis Plan ("ERSAP") containing information required pursuant to § 140-23.1 of Chapter 140, Subdivision and Land Development.

(c) Site design shall incorporate use of nonstructural stormwater management Best Management Practices (BMPs) referenced in the Pennsylvania Stormwater Best Management Practices Manual, December 2006, as amended.

(d) A minimum of two off street parking spaces shall be required per lot.

(e) Lots within a Conservation Management Design subdivision shall be deed restricted from further subdivision by note on the Record Plan and recordation of restrictive covenant.

(f) Privately owned area within a Conservation Management Design subdivision containing environmentally sensitive features pursuant to § 160-28 of this chapter shall be protected by recordation of a conservation easement in a manner acceptable to the Township.

		District
Area and Bulk Requirements		RR	CR-2
Minimum lot area (square feet)		20,000	10,000
Minimum lot width (feet)		100	85
Maximum building height (feet)		35	35
Minimum yards:
	Front (feet)	50	25
	Side (feet)	20	201
	Rear (feet)	50	40

Note:
1	Represents the separation required for principal buildings, with no side yard less than five feet).

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection B(2), B2 Mobile Home, was repealed 5-22-2017 by Ord. No. 2017-003.

(3) B3 Single-Family Detached Cluster. Single-family detached dwellings on individual lots, designed around interconnected networks of permanently protected open space. Section 160-26 contains the density and minimum lot area for each zoning district. Once net buildable site area is determined, other appropriate dimensional requirements are governed by the tables below:

(a) All single-family detached dwelling units within the CR-1 and CR-2 Zoning Districts shall be serviced by both public water and public sewer provided by a municipal authority.

(b) All single-family detached cluster dwelling units in the RR District shall be serviced by a public water distribution and supply system provided by a municipal authority and individual on-lot sewage disposal systems.

		District
			CR-2
		CR-1	Option 1	Option 2	RR
Minimum lot area (square feet)		10,000	30,000	20,000	30,000
Minimum lot width (feet)		60	100	85	100
Maximum building height (feet)		35	35	35	35
Minimum yards:
	Front (feet)	25	50	40	50
	Side (feet)	201	20	201	20
	Rear (feet)	40	50	40	50

NOTE:

¹ Represents the separation required for principal buildings, with no side yard less than five feet.

(c) Parking: two off-street spaces per dwelling unit.

(4) B4 Performance Subdivision. A performance subdivision shall include a mixture of types of residential dwelling units to promote sound land planning and to provide for a variety of housing choices and clustered development to preserve environmental features of a site and open space, provided the following regulations are met:

[Amended 8-27-2007 by Ord. No. 2007-13; 5-28-2013 by Ord. No. 2013-2; 10-24-2022 by Ord. No. 2022-002]

(a) General regulations.

[1] Performance subdivision is a residential use permitted only in the Country Residential 1 (CR-1) District where public water and public sanitary sewer facilities are available.

[2] The adjacent properties and rights-of-way shall be safeguarded by a minimum buffer of 75 feet between the minimum yards of proposed buildings and the property line of the tract, when abutting different zoning district boundaries.

[3] The development should consist of a harmonious mixture of unit types, service and parking areas, and circulation that are consistent with that of a traditional village setting.

[4] Building should be compatible with adjacent land use and the historical vernacular architecture within the community. Units and proposed buffers shall be located to make the development more harmonious with its surroundings.

[5] There shall be adequate provision for safe and efficient pedestrian circulation within the boundaries of the site and the adjacent streets. Specific attention shall be given to the details of the streetscape to insure that it is compatible with the highest caliber of village planning and design. Provisions shall be made for safe ingress and egress to and from public streets and highways serving the site.

[6] Adequate off-street parking shall be on lot, where appropriate, and designed as an integral part of the plan. Required overflow parking may be permitted on-street subject to the street classification as regulated by this and other applicable ordinances within the Township.

[7] If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with at the completion of any and all stages.

[8] The provisions for the design and maintenance of the open space shall conform with the open space performance regulations within this chapter.

(b) Administration. The administration procedures for a performance subdivision shall be governed by Article V of the Municipalities Planning Code, Act 247, 53 P.S. § 10501 et seq., as amended.

(c) Required dwelling mix. From time to time new dwelling types evolve which are appropriate to the area. These are intended to be incorporated with the listed types, subject to dimensional requirements developed by the Township Planning Commission and adopted by the Board of Supervisors. All performance subdivisions shall conform to the minimum standards for the mix of dwelling unit types as set forth below:

TABLE B4
Number of Dwellings in Development	Minimum Required Number of DU Types	Maximum Percent Any DU Type	Minimum Percent Any DU Type
1 to 40	1	100%	10%
41 to 85	2	70%	10%
85 plus	3	40%	10%

(d) Dwelling type regulations.

[1] B4.4.1 Single-Family Detached.

[a] A single-family residence on an individual lot with private yards on all four sides of the house.

[b] Table of dimensional requirements.

[i] Lot area minimum: 9,000 square feet.

[ii] Lot area average: 10,000 square feet.

[iii] Maximum building coverage: 30%.

[iv] Minimum yards: front, 35 feet; side, 10 feet; rear, 40 feet.

[v] Minimum lot width at setback lines: 70 feet.

[vi] Minimum building spacing: 20 feet.

[vii] Maximum height: 35 feet.

[viii] Parking: two off-street spaces.

[2] B4.4.2 Single-Family Detached - Lot Line.

[a] A single-family residence on an individual lot, with the building set close to one side property line. That one side yard may be reduced to five feet provided there are no windows in the side of the building with the reduced side yard; and the other side yard shall be no less than 15 feet.

[b] Table of dimensional requirements.

[i] Lot area minimum: 8,000 square feet.

[ii] Lot area average: 9,000 square feet.

[iii] Maximum building coverage: 30%.

[iv] Minimum yards: front, 25 feet; side, 15 feet and five feet; rear, 40 feet.

[v] Minimum lot width at setback lines: 70 feet.

[vi] Minimum building spacing: 20 feet.

[vii] Maximum height: 35 feet.

[viii] Parking: two off-street spaces.

[3] B4.4.3 Village House. A village house is a single-family detached dwelling on an individual lot with private yards on all four sides of the house. It differs from other forms of single-family detached dwellings in its lot size and placement on the lot, which are similar to houses found in the historic villages and towns. The unit is placed at the building setback line while the garage and off-street car storage is oriented to the rear of the lot. It is additionally distinguished from other single-family houses by planting and/or architectural treatments.

[a] Each unit shall meet two or more of the following design characteristics:

[i] Two canopy trees per lot, or three flowering trees per lot.

[ii] An unenclosed porch, running across at least 3/4 of the house front, being at least seven feet in width.

[iii] A front yard raised above sidewalk grade by at least 30 inches with a retaining wall of at least 18 inches at the sidewalk line.

[iv] A front yard enclosed by a wall or fence of permanent construction at least 30 inches in height and one flowering shrub per 60 inches across the width of the front of the house.

[v] Intensive planting of one shade tree, one flowering tree and one flowering shrub per 30 inches across the width of the side of the house facing the street.

[vi] Hedge or shrubs planted 18 inches for the width of yard facing street.

[b] Table of dimensional requirements.

[i] Lot area minimum: 10,000 square feet.

[ii] Maximum building coverage: 30%.

[iii] Minimum yards (dwelling unit): front, 15 feet; side, 12 feet; rear, 60 feet.

[iv] Minimum yards (detached garage): front, 40 feet; side, two feet; rear, five feet.

[Note: A minimum rear yard setback of 20 feet shall be required when the entrance to a detached garage is gained directly from an alley.]

[v] Minimum lot width at setback line: 65 feet.

[vi] Minimum building space: 24 feet.

[vii] Maximum height: 35 feet.

[viii] Parking: two off-street spaces.

[4] B4.4.4 Twin House. A twin house is a single-family, semidetached dwelling within a two-dwelling building, having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.

[a] Table of lot and parking requirements for each dwelling unit:

	Minimum Lot Area (square feet)	Off-Street Parking	Minimum Lot Width (feet)
1-bedroom	4,000	2.0	40
2-bedroom	4,000	3.0	40
3-plus bedrooms	4,500	3.0	45

[b] Table of bulk and yard requirements:

[i] Maximum height: 35 feet.

[ii] Minimum yards (dwelling unit): front, 15 feet; side, 15 feet; rear, 60 feet.

[iii] Minimum yards (detached garage): front, 40 feet; side, two feet; rear, five feet.

[Note: A minimum rear yard setback of 20 feet shall be required when the entrance to a detached garage is gained directly from an alley.]

[iv] Minimum building space: 30 feet.

[5] B4.4.5 Patio or Z-Line House. The patio or Z-line house is a single-family detached dwelling with one dwelling unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall six to seven feet high. All living spaces, i.e., living rooms, den, and bedrooms, shall open onto a private outdoor enclosure.

[a] Table of lot and parking requirements:

	Minimum Lot Area (square feet)	Off-Street Parking	Minimum Lot Width (feet)
1-bedroom	4,000	2.0	40
2-bedroom	4,000	3.0	40
3-plus bedrooms	4,500	3.0	45

[b] Table of bulk and yard requirements:

[i] Maximum height: 35 feet.

[ii] Minimum yards (dwelling unit): front, 15 feet; side, zero feet; rear, 40 feet.

[iii] Minimum yards (detached garage): front, 40 feet; side, zero feet; rear, zero feet.

[Note: A minimum rear yard setback of 20 feet shall be required when the entrance to a detached garage is gained directly from an alley.]

[iv] Minimum patio area: 50% of lot area.

[6] B4.4.6 Multiplex. The multiplex is an attached dwelling within a three to six dwelling building. In general, all units have independent outside access but this is not necessary. Units may be arranged in a variety of configurations; side by side, back to back, or vertically.

[a] Table of lot and parking requirements:

	Minimum Lot Area Per DU (square feet)	Off-Street Parking
Efficiency	2,000	1.5
1-bedroom	2,000	2.0
2-bedroom	2,400	2.5
3-plus bedrooms	2,800	3.0

[b] Table of bulk and yard requirements:

[i] Minimum lot area (for building): 8,000 square feet.

[ii] Minimum yards at building setback: street, 15 feet; parking area, 20 feet.

[iii] Minimum yards: side, 12 feet, rear, 30 feet.

[Note: A minimum rear yard setback of 20 feet shall be required when the entrance to a detached is gained directly from an alley.]

[iv] Minimum lot width (for building at setback line): 80 feet.

[v] Maximum building height: 35 feet.

[c] No more than six units shall be attached in any group.

[d] A multiplex shall be designed to look like a large single-family detached house within a village setting.

[7] B4.4.7 Townhouse. The townhouse is a single-family, attached dwelling unit, with one dwelling unit from ground to roof, having individual outside access. These units tend to be in rows, but through design the “lined up” appearance should be deemphasized.

[a] Table of lot and parking requirements:

	Minimum Lot Area Per DU (square feet)	Off-Street Parking	Minimum Lot Width (feet)
1-bedroom	1,800	2.0	18
2-bedroom	2,000	3.0	20
3-plus bedrooms	2,200	3.0	22

[b] Table of bulk and yard requirements:

[i] Minimum building setback line: five feet.

[A] Garage: 20 feet.

[ii] Minimum rear yard: 40 feet.

[iii] Minimum space from parking areas:

[A] From buildings (in courts off street): 20 feet.

[B] Pedestrian walk: five feet.

[iv] Minimum building space: 30 feet.

[v] Maximum height: 35 feet.

[vi] Maximum average number of units per building: eight.

[vii] Maximum number of units per building: 10.

[8] B4.4.8 Weak-Link Townhouse. The weak-link townhouse is a single-family attached dwelling, having individual outside access, with one dwelling unit from ground to roof. The structure shall consist of a one-story portion and a two-story portion, with the one-story portion occupying a required portion of the minimum lot frontage. The intent is to provide a greater sense of individual identity and visual separation for each unit.

[a] Table of lot and parking requirements:

	Minimum Lot Area (square feet)	Off-Street Parking	Minimum Lot Width (feet)	Minimum Width One Story (feet)
1-bedroom	2,600	2.0	26	9
2-bedroom	2,800	2.5	28	10
3-plus bedrooms	3,000	3.0	30	10

[b] Table of bulk and yard requirements:

[i] Minimum building setback line, street: five feet.

[ii] Minimum rear yard: 40 feet.

[iii] Minimum space from parking areas:

[A] From buildings (in courts off street): 20 feet.

[B] Pedestrian walk: five feet.

[iv] Minimum building space: 30 feet.

[v] Maximum height: 35 feet.

[vi] Maximum average number of units per building: eight.

[vii] Maximum number of units per building: 10.

[9] B4.4.9 Garden Apartments. Garden apartments are multifamily dwelling units, where individual dwelling units share a common outside access. They share with other units a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments contain three or more dwellings in a single structure.

[a] Table of lot and parking requirements:

	Minimum Lot Area Per Dwelling (square feet)	Parking Spaces Per Dwelling
Efficiency	2,000	1.5
1-bedroom	2,000	2.0
2-bedroom	2,000	2.5
3-plus bedroom	2,500	3.0

[b] Table of bulk and yard requirements:

[i] Minimum building setback lines;

[A] Street: 15 feet.

[B] Parking areas: 20 feet.

[C] Minimum front yard: 40 feet.

[D] Minimum side yard: 25 feet.

[E] Minimum rear yard: 40 feet.

[ii] Maximum number of units per building: 16.

[iii] Minimum building spacing: 50 feet.

[iv] Minimum street frontage per building: 100 feet.

[v] Maximum building height: 35 feet.

[c] Garden apartments should be designed with traditional architectural features that are in keeping with the community to reduce their scale and bulk.

[10] B4.4.10 Mid-Rise Apartments. Mid-rise apartments are multifamily dwellings 35 feet to 75 feet in height, where individual dwelling units share a common outside access, and elevators serve each floor. Each unit shares with other units a common yard area which is the sum of the required lot areas of all dwelling units within the building.

[a] Table of dimensional requirements:

	Minimum Lot Area Per Dwelling Unit (square feet)	Parking Spaces Per Dwelling Unit
1-bedroom	1,030	2.0
2-bedroom	1,030	3.0
3-plus bedrooms	1,510	3.0

[b] General:

[i] Maximum floor area ratio (on-lot): 0.90.

[ii] Minimum lot area: 10 acres.

[iii] Maximum height: 75 feet.

[iv] Maximum horizontal dimension: 180 feet.

[v] Minimum road frontage: 200 feet.

[vi] Minimum building setback line:

[A] Street: 100 feet.

[B] Property line of development: 250 feet.

[vii] Minimum building spacing: 150 feet.

[c] The Township’s firefighting equipment is generally not adequate to serve buildings over 35 feet high. Mid-rise buildings over 35 feet shall be permitted only where firefighting equipment is adequate or where a cash contribution adequate to purchase firefighting equipment capable of protecting such structures is donated to the local fire company designated by the Township.

[11] B4.4.11 Other Dwelling Types. Additional dwelling types, not specifically provided for in other sections of this chapter, may evolve after the enactment of this chapter or may not have been specifically included in this chapter by reason of oversight or by reason that at the time of adoption of this chapter, it was determined not to be a reasonable housing type for the Township. From time to time, however, such dwelling types may become reasonable and appropriate and it is the purpose of this section to provide a mechanism for inclusion of such additional dwelling types in the Country Residential 1 (CR-1) District or under performance subdivision development which is intended to accommodate a variety of dwelling types. It is the intent of this chapter that such uses be permitted in the Country Residential 1 (CR-1) District under performance subdivision development pursuant to the following procedure:

[a] The landowner, equitable or otherwise, of a parcel of ground shall submit his request for inclusion of a specific dwelling type to the Board of Supervisors and Planning Commission with illustrations and explanatory information which fully describes the dwelling type and how it substantially differs from permitted types of residential uses. The submission shall include a market study which indicates the demand for the dwelling type in the Township.

[b] The Planning Commission, upon receiving an opinion from their planning consultant, will determine if the dwelling type in question falls within any of the permitted use classifications under the existing provisions of this chapter or is a variation of a permitted use. Upon finding that the proposed dwelling type is not specifically set forth and is not simply a variation of a permitted type, the Hilltown Township Planning Commission shall determine if said proposed housing type is a legitimate and appropriate housing type rather than an exotic style and if so, shall develop specific dimensional and other requirements for the new housing type and forward their recommendations to the Board of Supervisors for inclusion in this chapter by amending the chapter.

[c] The Board of Supervisors, upon receiving the opinion from the Planning Commission, shall consider incorporation of the new dwelling type(s) and standards in this chapter in the Country Residential 1 (CR-1) District or under the performance subdivision development.

(5) B5 Conversion.

(a) In a Village Center (VC) District any existing single-family dwelling or accessory structure may be converted to multifamily dwelling subject to the criteria below.

(b) In a CR-1, CR-2 or RR District any existing single-family dwelling may be converted to a multifamily dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site subject to special exception and the criteria below.

(c) Table of dimensional requirements:

[Amended 5-28-2013 by Ord. No. 2013-2]

	Lot Area CR Or RR District (square feet)	Per DU VC District	Off-Street Parking Spaces Per Dwelling
Efficiency	30,000	4,500	1.5
1 bedroom	35,000	6,000	2.0
2 bedrooms	35,000	7,500	2.0
3 or more bedrooms	40,000	9,000	3.0

(d) The minimum yard requirements of the district in which the conversion occurs shall be adhered to.

(e) All conversions shall comply with all requirements of the Pennsylvania Department of Licenses and Inspections.

(f) The bulk, scale, height, building footprint and/or floor area of the building shall not be increased to accommodate a greater number of dwelling units.

[Amended 10-24-2022 by Ord. No. 2022-002]

(g) Outside fire escapes or stairways shall be located to the rear of the building where they are not visible from the street.

(h) The minimum tract area for this use shall be at least equal to the sum of the “lot area per DU” in Subsection B(5)(c) above based on the number and size of the proposed dwelling units.

(6) B6 Mobile home park. A parcel of land under single ownership which has been planned and improved entirely for placement of mobile homes for nontransient use, consisting of two or more mobile home lots for sale or rent. Mobile home parks shall be subject to all provisions of this chapter. A distinction shall be made between single-wide (single width) mobile homes and double-wide (double width) mobile homes and shall conform to the following standards subject to meeting all performance requirements of Article V in Chapter 140, Subdivision and Land Development. Mobile home parks shall comply with all of the following standard requirements:

[Amended 5-28-2013 by Ord. No. 2013-2]

(a) Applications for mobile home parks shall meet the following dimensional requirements:

[1] All double-wide (double width) mobile home units shall be subject to standards defined in Subsection B(4)(a).

[2] All single-wide (single width) mobile home units shall be subject to the following dimensional requirements:

[a] Minimum lot area: 7,500 square feet.

[b] Minimum lot width at setback line: 60 feet.

[c] Minimum yards:

[i] Front: 20 feet.

[ii] Rear: 30 feet.

[d] Minimum unit spacing: 30 feet.

[e] Off-street parking spaces: two.

(b) Mobile home pad.

[1] No mobile home shall be erected on a mobile home lot except upon a mobile home pad.

[2] Each mobile home pad shall have a minimum dimension equal to the dimension of the mobile home.

[3] Each mobile home pad shall front on a street in the mobile home park.

[4] The pad shall be constructed from either concrete, asphalt concrete, or other material sufficient to adequately support the mobile home to prevent abnormal settling or heaving under the weight of the home. The mobile home shall be anchored to prevent wind overturn and rocking, with tie-downs such as concrete “dead men,” screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

(c) Skirting. The area between ground level and the perimeter of the mobile home shall be enclosed by means of a skirting of wood, aluminum, or other similar material.

(d) Off-street parking.

[1] Where recreational facilities are provided, adequate off-street parking for same shall also be provided.

[2] Mobile home unit. No less than two off-street parking spaces shall be provided for each mobile home site. All parking spaces and driveways shall be at least five feet from any side or rear mobile home site line.

[3] Accessory building or use. The number of parking spaces to be provided will depend upon the type of facilities proposed and the extent of those facilities. The parking requirements of this chapter for similar uses will be used to determine the number of spaces required.

(e) There shall be a minimum buffer of 100 feet adjacent to all surrounding properties and public street that does not contain any structures, parking, or storage of materials. Buffer yard shall be landscaped in accordance with Type 1 buffer yard requirements of § 160-33, Buffer yards, herein.

[Amended 10-24-2022 by Ord. No. 2022-002]

(f) Sewage disposal.

[1] Public sewage shall be required in all mobile home parks and shall be approved by the Pennsylvania Department of Environmental Protection and the Department of Health and be consistent with the Township Sewerage Facilities Plan.

[2] All components of the sewage collection system, treatment facilities and disposal system shall comply with the standards and specifications of the Hilltown Township Water and Sewer Authority.

(g) Service buildings. Within a mobile home park, nonresidential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance buildings and storage areas for park maintenance equipment, and a community building for the use of the park residents may be constructed subject to the following standards:

[1] A maximum of 10% of the base site area may be used for these purposes. Included in computing the area shall be the buildings, parking, and all required setbacks.

[2] All buildings must comply with the required buffer yard requirements.

[3] All buildings must be set back at least 50 feet from adjacent mobile homes.

[4] All buildings must be set back at least 50 feet from interior streets in the mobile home park.

(h) Exterior lighting of streets and grounds. Adequate provisions shall be made in all mobile home parks for exterior lighting of streets and common ground, as the public safety, welfare, and protection of the mobile home park residents and visitors shall require.

(i) Storage within mobile home parks. Owner or operator of said park shall provide an adequate storage area to permit the residents to park and store campers and boats. This area shall be paved and screened by fence or living screen from the remainder of the mobile home park. No campers or boats shall be stored other than in such a storage area. No abandoned vehicles shall be permitted within the park.

(j) Subdivision and Land Development Ordinance. The provisions, regulations, and procedures provided in Chapter 140, Subdivision and Land Development, shall apply to mobile home parks and no such park shall be opened or constructed without full compliance with same.

(k) Enforcement and penalties. All provisions for enforcement and penalties provided for in this chapter shall apply to this mobile home park performance standard.

(l) Fuel supply and storage.

[1] Liquefied petroleum gas systems. Liquefied petroleum gas systems provided for mobile homes, and mobile home parks, service buildings or other structures when installed in mobile home parks shall be maintained in conformity with the “Standards for the Storage and Handling of Liquefied Petroleum Gases” (National Fire Protection Association, NFPA, No. 58 and American National Standard Institute, ANSI, No. 2106.01) and to NFPA No. 501A, “Manufactured Home Installation, Site and Communities.” The systems shall have at least one accessible means for shutting off gas. Such means shall be located outside of the mobile home and shall be maintained in an effective operating condition.

[2] Fuel oil supply systems. All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association Standard, NFPA No. 31, or as amended.

(7) B7 Retirement Village. Retirement village is a residential use provision that has been included to encourage the development of communities for people of retirement age. A variety of housing types are permitted to give the developer flexibility in choosing the types he feels are most appropriate. In addition to any other applicable provisions of this chapter, the following standards must be met in order to qualify for this use.

(a) Any housing type in use B3 and B4 are permitted subject to the specific standards for the individual types. All units within a development under this use shall be limited to no more than two bedrooms per dwelling unit, and not more than 35 feet in height unless conforming to the requirement of use B4.

(b) Public sewer and water facilities must be available to serve the site.

(c) The minimum open space ratio shall be 40%.

(d) A minimum of one of the individual homeowners/tenants must be at least 55 years of age, with no children at home under the age of 18, as provided for in 42 U.S.C. § 3607 of the Fair Housing Act.

[Amended 5-28-2013 by Ord. No. 2013-2]

(e) A community center for the residents of the development must be provided that includes the following facilities:

[1] Meeting hall/multipurpose room.

[2] Classrooms/small meeting rooms.

[3] Equipped craft shop.

[4] Rest room facilities.

[5] May include: library, laundry room, exercise room, kitchen and pantry, or similar facilities.

(f) A minimum of 5% of the housing units shall have barrier free access to accommodate the physically handicapped.

(g) Prior to final approval of the plans, the Township must be satisfied with and in agreement with the legal arrangements and contracts to insure the age restrictions will be adhered to.

(h) Within the PC-1 District, the maximum density for use B3 shall be 2.25 dwelling units per acre and for use B4 shall be 5.0 dwelling units per acre.

[Amended 4-28-2003 by Ord. No. 2003-1]

(i) Minimum off-street parking requirements:

[1] Use B3: two spaces per dwelling unit.

[2] Use B4: one space per dwelling unit. Off-street parking requirements for use B4 may be reduced by 25% upon approval of the Board of Supervisors and execution of a written agreement between the Township and the owner(s) that after one year following the issuance of the last occupancy permit the owner shall provide the additional parking spaces at the owner’s expense, if deemed necessary by the Board of Supervisors. Design of the retirement village shall provide for the required number of parking spaces and clearly designate those which shall be installed under the “reduction of parking facilities” agreement, if required and approved by the Board.

(j) A lot area of not less than 20 acres is required within the PC-1 District for this use.

(8) (Reserved)[2]

[2] Editor's Note: Former Subsection B(8), B8 Group Home, was repealed 5-28-2013 by Ord. No. 2013-2.

(9) B9 Age Qualified Residential Community.

[Added 6-25-2007 by Ord. No. 2007-6]

(a) Area and design regulations for tracts of land in an Age Qualified Residential Community:

[1] Minimum base site area: 100 acres.

[2] Maximum density: 2.5 dwelling units per acre based on net buildable site area.

[3] Maximum building coverage: 25% of the net buildable site area.

[4] Maximum impervious surface: 35% of the net buildable site area.

[5] Minimum open space: 40%.

[6] Buffer yard: A Type 1 buffer yard shall be provided along all property lines of the tract and shall meet the requirements of § 160-33 of this chapter. Buffer yards within an Age Qualified Residential Community shall be available for stormwater management purposes.

(b) This use may include the following dwelling types:

[1] Use B1 single-family detached.

[2] Quadruplex. A quadruplex is a residential dwelling consisting of four units which are attached by their garages. All units have separate access.

(c) Area and bulk requirements for quadruplex development:

[1] Minimum lot area per quadruplex: 9,600 square feet.

[2] Minimum building setback: street cartway, 20 feet from the face of the curb and 30 feet from the garage entrance.

[3] Minimum building setback from site boundary: 300 feet from existing street line and 100 feet from property line. When adjacent uses are nonresidential, the setback from the street line may be reduced to 100 feet.

[4] Minimum distance between quadruplex buildings: 30 feet.

[5] Maximum number of dwelling units per quadruplex building: four.

[6] Minimum quadruplex unit parcel width: 40 feet.

[7] Minimum quadruplex unit parcel depth: 60 feet.

[8] Each quadruplex unit parcel shall have a minimum area of 2,400 square feet.

[9] There shall be a minimum 20 feet distance between a parking lot and any dwelling unit, and a minimum 20 feet between a parking lot and any interior cartway.

[10] Parking: 2.5 off-street parking spaces per dwelling unit. Spaces within a garage may count toward this minimum requirement, provided conversion of the garage into habitable or storage areas that preclude the parking of vehicles is prohibited in the declaration recorded against the property.

(d) Area and bulk requirements for single-family detached dwellings within an Age Qualified Residential Community shall meet the bulk and area requirements of § 160-23B(1) of this chapter for the RR District.

(e) Permitted accessory uses:

[1] Outdoor recreation facilities, including, but not limited to, tennis courts, swimming pools, walking paths, golf putting/chipping area, and shuffleboard courts.

[2] Clubhouse/community center consisting of auditorium, activity rooms, kitchen areas, craft rooms, fitness, lounges or similar facilities limited to use by members of the community and invited guests.

[3] Guard house and/or entrance gates.

[4] Administrative offices used for the management of the community.

[5] Greenhouse. (Commercial sale of plants and produce from a greenhouse permitted as an accessory use to an AQRC use is prohibited.)

(f) General requirements:

[1] All buildings within an age qualified district shall be served by public sanitary sewer service and public water supply as approved by Hilltown Township; and built pursuant to specifications of the Hilltown Township Water and Sewer Authority.

[2] Open space shall be restricted from further subdivision and development by the declaration establishing the age restriction and duly recorded in the Office of the Recorder of Deeds of Bucks County. Required open space shall be owned and maintained by a homeowners' association or dedicated to the Township at the discretion of the Board of Supervisors.

[3] Streets within the community may be gated and private and shall be owned and maintained by a homeowners' or condominium association. All streets shall be constructed to Township standards for public residential streets as constructed within Chapter 140, Subdivision and Land Development, except that all such streets within the proposed development shall be owned and maintained by a homeowners' association. Streets shall have a minimum cartway width of 26 feet and be designed to accommodate emergency vehicles. The Board of Supervisors may impose parking restrictions on one side of the streets within the community and may ban parking on both sides of the streets if a street center line radius is approved which does not meet requirements of Chapter 140, Subdivision and Land Development, for street alignment for local streets. A utility easement area shall be provided along all streets to provide suitable area for the location of utility lines.

[4] A pedestrian circulation system shall consist of sidewalks on one side of internal streets provided as an integral part of the proposed development.

[5] Occupancy of units shall be in accordance with the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Pennsylvania State Human Relations Act, 43 P.S. § 951 et seq.

[6] Declaration of age qualification. Subsequent to the approval of the plan for the first phase of the development, but prior to the recording of the plan, the developer shall record a declaration against the property being developed, in a form acceptable to the Township Solicitor, binding the property and owners to the minimum of one permanent occupant being age 55 years and older, which will be applicable to the project and in accordance with both federal and state law. The declaration shall be presented to the Township prior to final plan approval and the Township must be satisfied with the legal arrangements to ensure adherence to the age restriction. All other homeowners' documents shall be prepared as well in a form acceptable to the Township.

[7] The Township Police Department shall be given the right to enforce the provisions of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq., on streets throughout the development.

[8] All structures shall be designed to protect and preserve the character of the area. A variety of architectural features and building materials are required to give each building or group of buildings a distinct character, unless otherwise approved by the Hilltown Township Board of Supervisors. New structures shall follow complimentary designs. The proposed architectural styles, building scale, design, materials of the buildings and structures with proposed building elevations and pictures (including dimensions of building height and width and faced treatment) shall be submitted for approval to the Board of Supervisors before any building permits can issue.

(g) Recreational facilities shall be required as follows:

[1] Recreation facilities shall include both passive and active. Examples of active types shall be tennis courts, swimming pool, horseshoes, bocce ball courts, lawn games, etc. Passive types would include picnic groves, walking trails, nature areas, etc.

[2] Multi-purpose trails shall be constructed through the open space area. Trails shall have a minimum width of six feet and be constructed with asphalt or other surface approved by the Township. Benches and trash receptacles shall be provided along the trails in appropriate areas designated by the Township.

[3] Proposed recreation facilities are subject to review and approval by the Township.

(h) Clubhouse/community center:

[1] A clubhouse/community center shall be required and include the following facilities:

[a] Meeting hall/multi-purpose room.

[b] Classrooms/small meeting rooms.

[c] Indoor pool or other accessory recreational facilities.

[d] Restroom facilities.

[e] Administrative offices for the management and maintenance of the community.

[2] The clubhouse/community center may also include the following: library, laundry room, exercise room, kitchen and pantry, or similar facilities.

[3] The clubhouse/community center shall have a minimum floor area of 2,100 square feet plus 33 square feet per dwelling unit within the Age Qualified Residential Community.

[4] Off-street parking spaces for the clubhouse/community center shall be provided based upon 7.5 spaces per 1,000 square feet.

(i) Development requirements. The general plan for Age Qualified Residential District shall include evidence and facts showing that it has considered and made provisions for, and development shall be executed in accordance with, the following essential conditions:

[1] The proposed development shall be substantially in accordance with the Comprehensive Plan of the community and shall consider the surrounding land features of the area, including, but not limited to, residences, schools, parks, other reservation of open spaces, locations, width and grade of streets and location and arrangement of parking spaces, local and regional business areas and shopping centers, densities proposed for surrounding areas and such other features as shall contribute to the harmonious development of the area with due regard to the character of the neighborhood and its peculiar suitability for this type of use.

[2] The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.

[a] If the development of the age qualified district is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this article shall be fully complied with at the completion of any stage, the initial stage of development shall comprise a total floor area of not less than 25% of the total area intended to be developed.

[b] The area shall be adaptable to community development, being located in relation to major thoroughfares, streets, railroads, public transportation, shopping or other facilities and, as far as possible, shall have within or through it no major thoroughfare or other physical features which will tend to destroy the neighborhood or community cohesiveness.

[c] Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel, and other service shall be provided and shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of a vehicular or pedestrian accessway or automobile parking facilities.

[d] Provisions shall be made for safe and efficient ingress and egress to and from public streets serving the development without undue congestion to or interference with normal traffic flow.

[e] Lighting. The source of any exterior spotlighting or floodlights of buildings or grounds shall not be visible from off the site. Lighting facilities for the residential area, clubhouse/community center, streets, and parking areas shall be arranged in a manner which will protect the highway and neighboring properties from glare. Lighting facilities will be required where deemed necessary by the Township for the safety and convenience of the residents of the Age Qualified Residential Community. Lighting shall conform to requirements of § 160-41D, General requirements, and § 160-41E, Requirements for outdoor area and roadway lighting installations, of this chapter.

[f] Screening. All recreational, service and parking areas shall be effectively screened from abutting lots or street right-of-way by a strip of planting not less than 20 feet in width, such planted to consist of not less than 50% of evergreen material scattered throughout the planting strip. At a minimum, plant material and number shall conform to § 160-33D(4), Type 4 Buffer, planting requirements. This required screening is in addition to perimeter (boundary) buffer requirements of § 160-33D(1). All required perimeter buffering (plantings and berms where applicable) shall be installed in the initial phase of construction to minimize impacts to adjacent residents during construction when practical as determined by the Board of Supervisors.

[g] Areas for the deposit, retention and disposal of waste material shall be screened from view.

[h] The developer shall be required to preserve or incorporate natural features, such as woods, floodplains, streams and open space areas.

[i] Accessory buildings or structures.

[i] No accessory buildings, structures or uses, except parking, may be located within areas between the front of a dwelling unit and street lines, within the perimeter of setbacks, or within quadruplex lots. All accessory structures shall be shown on the land development plan.

[ii] Except for one cable television antennae, no accessory buildings, structures or uses may exceed 16 feet in height.

[j] Unit occupancy.

[i] The owner or permanent occupant of an Age Qualified Residential Community dwelling shall be 55 years of age or older. No persons under the age of 19 shall occupy a dwelling or unit more than 90 days (cumulative) in a calendar year.

[ii] An under-aged resident who shall survive the death of an age qualified spouse shall be permitted to continue to occupy the dwelling, provided, however, that the continued occupancy does not violate the federal Fair Housing Act.

[iii] Members of a household shall not be required to move out of a dwelling if they qualified for residency at the time of their initial occupancy and no longer meet the requirements of residency because a resident age 55 or older dies, divorced, is placed in a nursing or other similar assisted care facility, or experiences a similar circumstance.

[k] Community services. An Age Qualified Residential Community must provide community services. In lieu thereof, a financial contribution or in-kind donation shall be made to Hilltown Township in an amount or in kind donation deemed appropriate by the Hilltown Township Board of Supervisors.

(10) B10 Traditional Neighborhood Development.

[Added 1-26-2009 by Ord. No. 2009-2]

(a) A planned development of residential, commercial and certain institutional uses shall be allowed by conditional use within the VC Village Center District, subject to the following provisions:

(b) Purpose. The purpose and intent of this use is:

[1] To provide for a traditional neighborhood with a diversity of uses, block sizes, dwelling unit types and open spaces in a compact arrangement that promotes internal and external walkability.

[2] To encourage new development which emulates the character found in the existing villages of Hilltown Township and Bucks County.

[3] To encourage a combination of commercial and residential uses in the VC Village Center Districts in Hilltown Township with architectural characteristics that fit in with the predominate traditional architecture of the area.

[4] To establish a community which is pedestrian-oriented with parks, a centrally located public commons, square, plaza or prominent intersection of two or more major streets, commercial enterprises and civic and other buildings, spaces and facilities for social activity, recreation and community functions.

[5] All tracts of land proposed for a single TND shall be in one ownership and shall be developed and operated under single direction, control or management.

(c) Conditions and procedures.

[1] Prior to the submission of a conditional use application or preliminary land development plans for a Traditional Neighborhood Development, an applicant has the right to request a confirmed appointment with the Board of Supervisors at a public meeting to present and discuss conceptual plans.

[Amended 10-24-2022 by Ord. No. 2022-002]

[2] The regulations in this Subsection B(10) shall take precedence over other provisions of Chapter 160 to the extent that this Subsection B(10) specifies additional, more restrictive or varied requirements. Otherwise, all applicable sections of this Chapter 160 and Chapter 140, Subdivision and Land Development, shall apply.

[3] As part of the preliminary subdivision and land development plan application, the applicant shall submit detailed plans/drawings of the proposed dwellings and other buildings demonstrating compatibility with the range of dwelling and other building examples found within the Manual of Written and Graphic Design Guidelines (to be prepared by the applicant and reviewed and approved by the Township), in accordance with § 160-94E.

[4] In order to promote flexibility of design within a Traditional Neighborhood Development, modifications from specific design criteria contained in this Subsection B(10) may be appropriate. The Board of Supervisors of Hilltown Township shall have the authority to grant modifications of such requirements if, in the Board of Supervisors' discretion, it determines that such modifications will result in a better design of a Traditional Neighborhood Development and will not adversely affect the health, safety and welfare of the Township.

[5] A declaration of covenants, easements and restrictions shall be submitted to the Township at the time of final plan submission, which shall be in a form that is acceptable to the Township Solicitor.

[6] If the development is to be carried out in phases, each phase shall be so planned that the intent of this chapter shall be met at the completion of each and any phase. Any phased development shall be fully described and defined on the subdivision or land development plan.

[7] At the time of land development plan submission for each phase or stage of development, a Manual of Written and Graphic Design Standards shall be submitted by the applicant to illustrate the proposed design, architectural and related construction standards for the proposed streets and alleys, streetscapes, buildings, open spaces, recreation facilities, pedestrian facilities and landscape features.

(d) Key design elements.

[1] Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, culs-de-sac and no sidewalks), traditional neighborhoods shall promote a more compact, integrated and sustainable development pattern and shall have the following key design elements:

[a] Civic anchor in the neighborhood, as determined by the Board of Supervisors. Such as a park, meeting hall, corner store, post office, library or community center, to provide a place for gathering and special events.

[b] Mix of uses. Combines residential, certain institutional, recreational, commercial and open space uses in a diversified but seamless arrangement; also combines first floor retail with second floor dwellings and/or offices; encourages live-work units.

[c] Building types and architectural features. Focuses on buildings designed by type and to fit in with the predominate traditional architecture of the surrounding area. Building type shall not be determined solely by function to allow for adaptations and changes in use (e.g., from dwelling, to shop, to work place, to institutional).

[d] Park and open space land. Creates the green, square or park to help anchor the neighborhood; a system of open spaces ecologically balanced with the built environment and distributed within the neighborhood.

[e] Network system of interconnecting streets. Organizes a block and pattern of lots that shall be an extension of the existing street system and lot pattern of the existing village; integrates with lanes, alleys, neighborhood streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.

[f] On-street/parallel parking. Provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.

[g] Alleys. Allow for preservation of frontage streetscape; moves vehicular access to detached garages in the rear; provides access for deliveries, utilities and staging construction.

[h] Shallow setbacks. Help to create an outdoor room and sense of space, with two- to three-story buildings, typically from 60 feet to 85 feet across from one another on both sides of the street; promotes a human scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line to create a street wall.

[i] Front porch/portico/colonnade. Serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy place to sit, read, relax; provides outdoor room to greet and socialize with neighbors.

[j] Sidewalks/crosswalks/pedestrian paths/walkways. Serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close to home opportunities for exercise; enhances way finding and an appreciation of the neighborhood/place.

[k] Shade trees. Provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, helps to mitigate the impacts of increased paving and impervious surfaces with respect to the microclimate.

[l] Other vertical infrastructure. Includes fences, hedges, walls, street lamps, benches, gazebos, pavilions, pergolas, and monuments or like features.

(e) Use and building type regulations.

[1] Traditional neighborhood development shall focus first on building types and second on uses within buildings. Except for institutional buildings, other buildings in a traditional neighborhood shall have a size, height, scale and proportion that is compatible with traditional Village Center district buildings. Therefore, the corner store, the office or other commercial uses should blend with the residential architecture of the neighborhood and the existing village.

[2] Regardless whether fee-simple lots or a form of common ownership is to be used, when Traditional Neighborhood Developments are first created, the proposed lots shall be laid out and designated as either residential (which may include live-work units), nonresidential or open space. Residential lots shall be further categorized as single-family detached, village house, or twin house. All lots shall be laid out so that the dimensional coverage and all other requirements specified in this article shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless of whether or not it has been legally established, shall conform to this initial use designation for that particular lot, except that live-work units may be created as provided for in Subsection B10(e)[6] below.

[3] The following uses shall be permitted as a part of a Traditional Neighborhood Development, provided that all detailed design standards of Subsection B(10)(f), (g) and (h) and any other use requirements outlined in Article IV are met:

[Amended 10-24-2022 by Ord. No. 2022-002]

[a] B1 Single-Family Detached.

[b] B4.4.3 Village House.

[c] B4.4.4 Twin House.

[d] C1 Place of Worship.

[e] C2 School.

[f] C4 Library.

[g] C7 Private Recreational Facility.

[h] C9 Private Club.

[i] C11 Day Nursery.

[j] C15 Funeral Home.

[k] D1 Medical Office.

[l] D3 Offices.

[m] E1 Retail Store.

[n] E3 Personal Services.

[o] E4 Financial Establishment.

[p] E5 Eating Place.

[q] E7 Repair Shop.

[r] E17 Commercial Conversion.

[s] F4 Municipal Use.

[4] The following uses shall be permitted as accessory uses:

[a] Accessory uses that are clearly incidental to the uses permitted by right, such as parking, residential accessory structures or nonresidential accessory structures, provided that storage sheds are not permitted, and further provided that all accessory structures meet all setback requirements of principal buildings and structures.

[5] Any dwellings shown on the approved plan shall not be converted to nonresidential use, except that live-work units shall be governed by Subsection B(10)(e)[6].

[6] Live-work units shall be permitted, provided that they comply with the detailed design standards of Subsection B10(f), (g) and (h) and the following:

[a] No more than 30% of the total number of dwelling units may be live-work units.

[b] All live-work units shall have frontage on collector streets or streets of higher classification.

[c] The nonresidential portion of the dwelling used for the live-work unit shall not exceed 50% of the total gross floor area and shall not be located above the second floor.

[d] The residential occupant of the live-work unit must also be an owner or principal employee of the business occupying the unit.

[e] The business occupying the live-work unit shall not have more than three employees present on site at any time, including the principal or owner.

[f] The live-work unit must be identified by a sign no larger than four square feet and as provided for in Article VII of this chapter.

[g] No retail, medical or dental offices, or other office uses generating comparable visitor traffic shall be permitted in live-work units.

[h] Live-work units shall be subject to use and occupancy permits and inspections.

[7] All commercial uses shall be located on the first floor and/or second floor and shall be located in buildings having frontage on a collector or higher order street.

[8] The adaptive reuse of existing buildings is encouraged.

(f) Use composition. Dwelling unit composition and density/intensity.

[1] Use composition. Land devoted to nonresidential development (combined office, commercial or retail development and institutional buildings) shall comprise at least 10% of the site area and may comprise up to 25% of site area of the total Traditional Neighborhood Development.

[2] Dwelling unit composition.

[a] There shall be a diversity of dwelling unit types and lot sizes, with variations in lot widths to promote additional diversity of dwelling unit sizes.

[b] A mix of dwelling unit types shall be achieved, using the following minimum or maximum percentages, whereby a mix of unit types shall be provided within each block to the maximum extent possible:

[i] Village house: 10% minimum to 65% maximum.

[ii] Twin house: 5% minimum to 30% maximum.

[iii] Live-work units: 30% maximum.

[iv] Single-family detached: 5% minimum to 70% maximum.

[3] Density/intensity.

[a] The density for residential dwelling units shall not exceed 6.0 dwelling units per acre of net buildable site area, as determined by § 160-25A of this chapter. This calculation for maximum density shall be inclusive of any live-work unit(s).

[b] The intensity of nonresidential development, including offices, commercial or retail buildings, institutional buildings and the business portion of the live-work unit(s), shall not exceed 5,000 square feet of building per acre of net buildable site area, as determined by § 160-25A of this chapter. To reduce the amount of building coverage and to maximize open space, nonresidential buildings shall be two or three stories in height.

(g) Detail design standards.

[1] Open space requirements for a use B-10 Traditional Neighborhood Development (TND):

[a] An open space of at least 15 feet in width shall be designated and maintained along any property line which directly abuts lots with existing single-family detached dwellings. Such open space shall be free of any structures, except for boundary fences, walls, curbing, pathways or sidewalks connecting adjacent neighborhoods, and existing buildings or structures. Such open space shall be landscaped in accordance with a landscape plan that complies with Hilltown Township Code Chapter 140, Subdivision and Land Development, § 140-37, pertaining to landscaping design standards. The width of the open space and the composition of the landscaping may be modified by the Board of Supervisors, if warranted by existing site conditions.

[b] Within the traditional neighborhood, a variety of open spaces shall be designed to complement residential and nonresidential development. A minimum of 20% of the total site area shall be designated, landscaped and maintained as open space. The areas of surface stormwater management facilities shall only be included in the open space calculation if they serve a recreational purpose and if approved by the Board of Supervisors.

[c] A maximum of 10% of the proposed open space area may be taken up by impervious surfaces, i.e., sidewalks, gazebos, maintenance buildings, etc.

[d] Open space shall take on the form of a park, parklet, green, playfield, playground, buffer, natural resource protection area, common or approved landscaped area, in accordance with a landscape plan that complies with the Township's landscape design standards as determined by the Board of Supervisors.

[e] Open space areas shall be at least 1,500 square feet in area in order to count toward the 20% minimum requirement. Parking islands shall not count towards the 20% minimum open space requirement.

[f] Open space shall be owned and maintained in a form that is acceptable to the Board of Supervisors. All open space shall be subject to a declaration of covenants, easements and restrictions in a form that is acceptable to the Board of Supervisors.

[g] Open space shall be landscaped in accordance with § 160-23B(10)(g)[5][a] and [b].

[2] Streets, alleys and accessways.

[a] Streets, alleys and accessways shall form an interconnected vehicular circulation network and shall be designed as an extension of the street system and pattern of the existing village to the maximum extent possible as determined by the Board of Supervisors.

[b] The street rights-of-way within a TND shall be extended to connect to adjoining tracts where feasible.

[c] All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least eight feet wide by 22 feet long when parallel to the curbline.

[d] All streets and alleys, whether public or private, shall have a right-of-way. The right-of-way width for alleys may be the same width as the paved area.

[e] Streets with on-street parking on one side shall be 27 feet in width (with two ten-foot travel lanes and one seven-foot parallel parking bay).

[f] Streets with on-street parking on both sides shall be 34 feet in width (with two ten-foot travel lanes and two seven-foot parallel parking bays).

[g] Alleys shall be provided wherever possible to enable buildings to be placed closer to the street and thereby enhance the curb appeal of the traditional neighborhood. Alleys shall be provided to move vehicular access to the rear of buildings to the maximum extent possible and thereby to move garage doors and curb cuts away from the frontage streetscape.

[h] Alleys that are two-way and proposed for dedication to the Township shall be at least 16 feet in width. Alleys that are two-way and not proposed for dedication to the Township may be reduced to 14 feet in width.

[i] Alleys that are one-way and not proposed for dedication shall be at least 12 feet in width.

[j] Alleys should not have sidewalks or curbs.

[k] All one-way accessways and driveways shall be at least nine feet in width.

[3] Curb cuts, driveways and garages.

[a] Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

[b] To the maximum extent possible, as determined by the Board of Supervisors, garages shall be accessed from an alley. In those places where alleys are not possible to service development as determined by the Board of Supervisors, curb cuts may be permitted, provided that the garage door is recessed at least 18 feet from the front facade, and further provided that no more than 10% of the total number of dwelling units are accessed by such curb cuts.

[c] Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, such garage shall be located a minimum of 18 feet from the edge of the alley.

[d] Where garages are accessed from an alley and a parking apron is provided parallel to an alley, such garage shall be located a minimum of eight feet from the edge of the alley.

[e] Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:

[i] The garage is rear-entry, such that garage door on the opposite side of the house from the front facade, preferably accessed from an alley.

[ii] The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.

[iii] The garage is front-entry and recessed at least 18 feet from the front facade (excluding any porches or decks) of the building. When residential garages face a street, the garage shall comprise no more than 25% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof. A garage door facing a street shall not exceed a width of 12 feet.

[iv] The garage is side-entry, such that garage doors are perpendicular or radial to the street, which the front facade faces.

[4] Sidewalks and pathways.

[a] Sidewalks of at least four feet in width shall be constructed and maintained along all streets.

[b] Pathways of at least four feet in width shall be constructed and maintained to link to existing off-site pathways and to enhance the use of green areas as required by the Board of Supervisors.

[5] Street trees and other landscaping.

[a] All street trees, landscaping and plantings shall comply with the Hilltown Township Code Chapter 140, Subdivision and Land Development, § 140-37.

[b] Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls, pergolas, gazebos, monuments or other civic art are essential to a traditional neighborhood and shall be subject to plan approval by the Board of Supervisors.

[c] Nonresidential parking areas shall be buffered from residential areas by landscaping and/or compatible small-scale residential buildings and/or structures.

[d] A dedicated four-foot wide planting strip shall be provided between the curb and sidewalk to facilitate the placement of street trees in accordance with Chapter 140, Subdivision and Land Development, § 140-37.

[6] Buildings and neighborhood design.

[a] The buildings in the traditional neighborhood shall relate to the context and fabric of existing buildings typically found within the existing villages of Hilltown Township. The size, mix proportion and form of buildings shall emulate the heritage character of these traditional neighborhoods and villages. Refer to Appendix A, Representative Buildings,[3] for photographs of traditional buildings found in each of the villages of Hilltown Township.

[3] Editor's Note: Appendix A is included as an attachment to this chapter.

[b] A minimum of 60% of the principal residential buildings shall include a front door accessing onto an unenclosed front porch with a minimum floor area of 72 square feet. Such porch shall be covered by a permanent roof and shall not be enclosed in the future.

[c] No principal building shall include a flat roof. Significant roof pitches and variations in roof lines are specifically encouraged.

[d] With respect to nonresidential buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.

[e] Brick, stucco, or stone chimneys shall be provided for all dwelling units.

[f] All principal buildings shall have variations, including:

[i] Recesses and projections in the facades, so that no more than two adjoining dwelling units are on the same plane, and the recess or projection is at least three feet.

[ii] Heights of facades, so that no more than two adjoining dwelling units are at the same height, and the height difference is at least one foot.

[iii] The front facade of each dwelling unit shall be composed of wood, brick, stucco, stone or a combination two of those elements, and shall incorporate at least one or a combination of the following elements: window headpieces, keystones and rowlocks, quoin corners, water table courses, precast concrete details, and/or corbelled row locks. These materials shall also be used on all side and rear walls that face or may be viewed from a public street or public park or green.

[7] Parking and parking lots.

[a] Parking shall be located on-street to the maximum extent possible to provide the streetscape appearance that is traditional and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.

[b] Parking lots shall be located to the rear or sides of buildings.

[c] Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.

[d] Live-work units shall have the parking ratio as required for that specific dwelling type, as provided in § 160-23, Use type regulations. Employees working in the live-work units shall be directed to park at available off-site public parking areas to reserve available parking for customers and business invitees.

[e] Parking ratios for all other uses shall also be in accordance with the requirements in § 160-23, Use type regulations. However, if § 160-23 imposes an excessive standard, as determined by the Board of Supervisors, the applicant shall demonstrate through the use of empirical data from other built projects that a lesser standard can adequately serve the proposed uses. In any event, the Township shall hold in escrow the monetary value of the parking spaces not built for a period of two years after commencement of the use, and the development plan shall show the layout of the required parking areas to be held in reserve and include calculations on the potential impervious surface area addition. If after two years following project completion, the Board of Supervisors determines that the use is adequately served by the parking provided, escrow funds may be released. If the provided parking is not adequate, then the escrow funds shall be used to construct the needed parking.

[f] Except for parking at a green, park, playfield, or playground, all nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings or similar elements.

[8] Off-street loading areas, outdoor storage and trash disposal areas.

[a] Nonresidential uses shall meet the following requirements:

[i] All loading areas and loading docks shall be located to the sides and rears of buildings. Loading docks shall not be visible from public streets. All loading areas and loading docks shall be set back at least 25 feet from residential areas.

[ii] Outdoor storage or display of materials shall not be permitted.

[iii] Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines, and at least 10 feet from any perimeter property line of the site.

[b] Residential units shall have a designated place to store household trash receptacles within an enclosed building or structure. Trash placed out for pickup shall have a designated area for each unit and shall be of an improved all-weather surface.

[c] Unless otherwise required by the United States Postal Service, postal deliveries shall be to individual mail slots or boxes at the individual dwelling units and shall not be grouped into multi-box community receptacles.

[Amended 10-24-2022 by Ord. No. 2022-002]

(h) Dimensional requirements.

[1] In the case where individual lots are not created, such as condominium development, equivalent dimensional standards shall apply.

[2] The minimum site area for a Traditional Neighborhood Development shall be five acres.

[Amended 10-24-2022 by Ord. No. 2022-002]

[3] Streetscape.

[a] The most critical dimension in the traditional neighborhood is the width of the streetscape from building walls on one side of the street to building walls on the opposite side of the street.

[i] Where blocks are created with buildings close to the street and sidewalk, the typical streetscape width shall be in the range from 60 feet to 75 feet for nonresidential building streetscapes and 70 feet to 85 feet for residential building streetscapes.

[ii] Where buildings parallel or encircle an open space area, the streetscape width may be wider as a function of the width of an approved open space area.

[4] Building setback for principal buildings.

[a] Front or side yard from an interior street or alley: six feet minimum; 25 feet maximum.

[b] Front or side yard from streets along the tract perimeter: 10 feet minimum; 30 feet maximum.

[5] Side yards for principal buildings.

[a] Six feet minimum; 12 feet aggregate.

[b] For office or other nonresidential uses, side yards of 10 feet minimum shall be provided.

[c] Twelve feet minimum building separation distance in the case of development where individual lots are not created, such as condominium development.

[6] Rear yards for principal buildings.

[a] Eighteen feet minimum yard setback.

[b] Eighteen feet minimum building setback from street or alley edge in the case of development where individual lots are not created, such as condominium development.

[c] Thirty-six feet minimum building separation distance, where individual lots are not created, such as condominium development, and in the case where there is no street or alley between buildings that do not have conventional lots.

[7] New individual commercial buildings shall be no wider than 36 feet, unless designed with bays and offset by a one to four foot recess or projection at intervals of 36 feet.

[8] Building coverage.

[a] Maximum building coverage: 35%.

(i) Other requirements.

[1] All buildings within the development shall be served by a public water supply and public centralized sewage disposal system.

[2] All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.

C. Religious, Educational, Recreational and Institutional.

(1) C1 Place of Worship. Place of religious worship, provided that the following requirements are met:

(a) Access shall be to a collector or arterial street.

(b) Minimum lot size: two acres.

(c) For front yard, side yard, rear yard and minimum lot width see table of performance standards for single-family detached (Use B1) in the RR District.

(d) Parking:

[1] One off-street parking space for each four seats provided for patron use; or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

[2] All required parking shall be located to the side or rear of the structure.

(2) C2 School. Religious, sectarian and nonsectarian, denominational private school, or public school which is not conducted as a private gainful business. Minimum lot size is 10 acres with access to major collector or arterial status streets as classified in Chapter 140, Subdivision and Land Development, § 140-29. Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances as provided in § 160-36 of this chapter.

[Amended 10-24-2022 by Ord. No. 2022-002]

(a) Parking:

[1] Kindergarten: one off-street parking space for each faculty member and employee plus two additional spaces per classroom.

[2] Elementary school: one off-street parking space for each faculty member and employee plus two additional spaces for each classroom and office.

[3] Junior high school: one off-street parking space for each faculty member and employee plus one space per two classrooms and offices.

[4] Senior high school: one off-street parking space for each faculty member and employee plus one space for each 10 students of projected building capacity.

[5] College and junior college: one off-street parking space per faculty member and employee plus one space for each classroom seat, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.

[6] In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33 of this chapter.

(3) C3 Commercial School. Trade, technical, or professional school, music or dance school, etc.

(a) Parking: one off-street parking space per faculty member and employee, plus one space per three students. Parking areas shall be adequately screened when situated next to land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

(4) C4 Library. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business.

(a) A minimum lot size of two acres is required.

(b) Parking: one space per five seats or one space per 250 square feet of gross floor area where no seats are provided. Parking areas shall be adequately screened when abutting land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

(5) C5 Recreational Facility. Recreational facility or park owned or operated by the Township or other governmental agency, subject to the following additional requirements:

(a) Outdoor active recreation area shall be located at the discretion of the Township.

(b) Outdoor activity areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances, as provided in § 160-36 of this chapter.

(c) Parking: one off-street parking space for each five persons of total capacity. Parking areas shall be adequately screened when abutting land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

(6) C6 Rifle Range. A facility owned and operated by a private club or organization for the controlled discharge of firearms, subject to the following conditions:

(a) A minimum lot size of 10 acres is required.

(b) The use shall not be conducted as a private gainful business.

(c) The facility shall be for members and their authorized guests only.

(d) The range shall be designed and constructed in accordance with the National Rifle Association’s standards for the particular type of range.

(e) The range shall be used for only the type of firearms for which it is designed to accommodate.

(f) The range shall be operated in strict accordance with the National Rifle Association standards for operation and safety.

(g) The range shall not be lighted for night time use.

(h) The safety of the adjoining properties shall be a primary consideration in the location and design of a rifle range.

(i) Parking: one off-street parking space for each three persons of total capacity, plus one additional space for each employee or operator.

(7) C7 Private Recreational Facility. A recreational facility owned or operated by a nongovernmental agency, subject to the following additional provisions:

(a) A minimum lot size of five acres is required.

(b) The use shall not be conducted as a private gainful business, nor shall it permit amusement parks, wild animal parks or zoos.

(c) No outdoor active recreation area shall be located nearer to any lot line than 50 feet.

(d) Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances, as provided in § 160-36 of this chapter.

(e) Parking: one off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(f) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(8) C8 Golf Course. Golf course, including club house, restaurant and other accessory uses provided they are clearly accessory to the golf course, subject to the following additional minimal provisions:

(a) Lot area:

[1] Regulation eighteen-hole, 6,000 to 7,000 yards in length: 130 acres.

[2] Executive eighteen-hole, 3,000 to 4,000 yards in length: 60 acres.

[3] Nine-hole, 3,100 to 3,500 yards in length: 60 acres.

[4] Par 3 eighteen-hole, 2,000 to 2,500 yards in length: 45 acres.

(b) No building shall be closer than 100 feet to any lot line.

(c) A buffer shall be provided, in accordance with the provisions of § 160-33, Buffer yards, of this chapter.

(d) Parking: one off-street parking space per four people of total capacity, including accessory uses, plus one additional space for each employee.

(e) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(9) C9 Private Club. Private club or lodge other than use C6 or use C8, subject to the following additional provisions:

(a) Parking: one off-street parking space for every five members of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be adequately screened when abutting land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

(10) C10 Community Center. Community center, adult education center, or other similar facility operated by an educational, philanthropic, or religious institution, subject to the following additional provisions:

(a) A minimum lot size of five acres.

(b) The use shall not be conducted as a private, gainful business.

(c) No outdoor recreation area shall be located nearer to any lot line than 50 feet.

(d) Parking: one off-street parking space for each four seats provided for patron use; or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(e) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(11) C11 Day Nursery. Day nursery, nursery school, kindergarten, or other agency giving day care to children or adults, subject to the following additional provisions:

(a) The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

(b) In addition to other required landscaping all outdoor play areas shall be buffered in accordance with § 160-33, Buffer yards, herein.

(c) Where no more than 10 children or adults are involved per session, minimum lot size shall be permitted for use B1. For each additional 10 children or adults per session a similar acreage shall be required.

(d) The establishment must be located on a public street.

(e) Parking: at least one off-street parking space for each teacher, administrator and maintenance employee. Parking areas shall be adequately screened when abutting land zoned for or in residential use in accordance with § 160-33, Buffer yards, herein.

(12) C12 Hospital. Licensed hospital, subject to the following additional provisions:

(a) A lot area of not less than 10 acres shall be required.

(b) Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care. For the purposes of this chapter, “long-term care” shall mean care in excess of 10 days.

(c) Buffer planting shall be provided in accordance with § 160-33, Buffer yards, herein. In addition, care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.

(d) Such use shall have access from major collector or arterial street only.

(e) Parking: one off-street parking space for each patient or inmate bed; plus at least one additional off-street parking space for every two visiting staff doctors, plus one additional space for every two employees (including nurses).

(f) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(13) C13 Nursing Home. Licensed nursing or convalescent home, subject to the following additional provisions:

(a) A lot of not less than five acres in CR-1 and CR-2, or one acre in VC, plus 1,000 square feet additional for each resident person over 40 in number in the CR-1 and CR-2 Districts or over 20 in the VC District.

(b) A lot area of not less than five acres shall be required within the PC-1 District.

(c) All nursing homes shall be limited to 35 feet in height and shall be serviced by public water and sewers.

(d) Parking: one off-street parking space for every two patient or inmate beds, plus at least one additional off-street parking space for every two staff and visiting doctors; plus one additional parking space for every two employees (including nurses).

(e) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(14) C14 Cemetery. A burial place or graveyard, including mausoleum, crematory, or columbarium.

(a) The minimum lot size shall be five acres.

(b) Parking: one off-street parking space for each employee and one off-street space for each four visitors in total capacity of mausoleum, crematory or columbarium.

(c) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(15) C15 Funeral Home. Mortuary or funeral home.

(a) Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever is greater, plus one space for each employee.

(16) C16 Correctional Facility and Group Institution, whether such use is owned and operated by the County of Bucks, Commonwealth of Pennsylvania or a private entity, shall be limited to the following:

(a) A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.

(b) A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation centers shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial.

(c) A penitentiary, correctional institution or prison.

(d) A Correctional Facility or Group Institution is permitted by special exception within the Heavy Industrial (HI) Zoning District.

(e) The following dimensional regulations shall apply:

[1] Minimum lot area shall be four acres;

[2] Minimum lot width shall be 300 feet;

[3] Minimum front yard shall be 100 feet;

[4] Minimum side yards shall be 75 feet each except where the side yard abuts a residential use or zoning district, then the minimum side yard shall be 100 feet;

[5] Minimum rear yard shall be 75 feet except where the rear yard abuts a residential use or zoning district, then the minimum side yard shall be 100 feet;

[6] Maximum impervious surface shall be 60%;

[7] Maximum building coverage shall be 25%; and

[8] Maximum height of building and structures shall be 60 feet.

(f) All Correctional Facilities and Group Institutions shall comply with the following general standards and requirements, which the applicant bears the burden of establishing in pursuing its special exception application:

[1] A land development plan shall be accurately prepared for the proposed use. The land development plan shall show the location and the dimensions of the Correctional Facility or Group Institution, off-street parking areas, private entrances, walkways, fencing and landscaping; and shall comply with all other requirements of Chapter 140, Subdivision and Land Development, of the Hilltown Code of Ordinances.

[2] One off-street parking space shall be provided per employee, computed on the basis of the estimated maximum number of employees that could be present at any given time, plus one space for every three persons residing within the Correctional Facility or Group Institution.

[3] The design, construction and operations of the Correctional Facility shall be supported by expert study as to every aspect of the facility. The implementation of the conclusions of those studies shall be subject to the review and approval of the Township through the special exception process.

[4] The applicant shall provide documentation that the Correctional Facility or Group Institution has been licensed by the appropriate federal and/or Pennsylvania agencies (the "agencies") and shall meet all current regulations of the agencies, including those standards governing indoor space and applicable state and local building and firesafety codes. The applicant shall maintain a current and valid license from the agencies, as applicable.

[5] The applicant shall provide evidence that a manager or supervisor of the agency or operator of the Correctional Facility or Group Institution shall be available 24 hours per day, seven days a week. Immediate, emergency contact with the agency or operation of the Correctional Facility or Group Institution shall be available to the authorized representatives of the Township.

[6] The applicant shall further provide evidence to establish that its proposed Correctional Facility or Group Institution, its facilities and its operation will neither cause a threat to the public health, safety or welfare, nor constitute a threat to the safety of the nearby residents or properties. The applicant shall, as a condition of any special exception approval for a Correctional Facility, be required to supply the Township Chief of Police, within three days of the admission, transfer or release of any individual inmate into or from the Correctional Facility, with the name, physical description, sentence and list of offenses for which the inmate has been convicted. This requirement shall not apply to inmates or juvenile residents adjudicated of violent offenses that are not expected to be housed within the Correctional Facility for fewer than five days. With respect to Correctional Facilities that provide housing for juveniles adjudicated of violent offenses, the applicant shall provide the Township Chief of Police, within three days with a list of the offenses for which the juvenile has been adjudicated, noting that the aforesaid list of offenses shall not include personal or identifying information and shall comply with all applicable privacy laws. The applicant shall further be required, as a condition of any special exception approval for said use, to maintain a photograph of each current inmate or juvenile resident of a Correctional Facility, which may be supplied to the Chief of Police in the event of an emergency or other incident requiring police intervention.

[7] The applicant must develop an emergency management plan, subject to the annual review by the Township, in the event of a catastrophic event resulting from flooding, fire, snow, ice, earthquake, utility outage or other catastrophic event. The emergency management plan should be submitted to the Township Police Chief, Zoning Officer, and Emergency Management Coordinator for review and consideration prior to the issuance of the use and occupancy permit and biannually (every other year) on or before January 31 of such year.

[8] The Zoning Hearing Board shall attach to any approval conditions ensuring appropriate security measures, including, but not limited to, fencing or other barriers, cameras, lighting, guards, sign-in and sign-out sheets, curfews for residents, patrolling of the property, the use of guard dogs, sirens and direct alarms with the Police Department.

D. Office Uses.

(1) D1 Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

(a) All medical office uses shall be located along the front building setback line of the street with all parking placed to the rear of the building(s) so as not to be visible from the street.

(b) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community, for the district.

(c) Parking: four off-street parking spaces per doctor, plus one additional space for each additional employee.

(d) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

(2) D2 Veterinary Office. Office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use.

(a) Minimum lot size: five acres only in the RR District.

(b) Parking: four off-street parking spaces for each doctor plus one additional space for each additional employee.

(3) D3 Office. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government providing:

(a) All office uses should be located along the front building setback line of the street with all parking placed to the rear of the buildings so as not to be visible from the street.

(b) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community, for the district.

(c) Parking: one off-street parking space for each 200 square feet of gross floor area.

(d) In addition to other required landscaping, all parking areas shall be buffered in accordance with § 160-33, Buffer yards, of this chapter.

E. Retail and Consumer Uses.

(1) E1 Retail Store. Retail shop, convenience store, or store selling apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, alcoholic beverages, hardware, toys, household appliances, jewelry, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, fabrics, garden supplies, and plants, provided all products produced on the premises are sold on the premises at retail to the public. Also included within this use shall be the sale of soft drinks and beer. However, not included within this use is the over-the-counter sale of alcoholic beverages in taverns or bars, buildings in excess of 10,000 square feet of floor area, variety stores, discount stores, supermarkets, department, or contracting stores.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional building that is characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each 100 square feet of gross area used or intended to be used for servicing customers, plus one additional space for every two employees.

(2) E2 Large Retail Store. A building having more than 10,000 square feet of floor area, including all variety stores. These stores are similar to E1 Retail Store and may include retail building supplies, and are typically chain stores and their definition is by common usage.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional building that is characteristic of the rural and historic character of the community.

(b) Parking: 5.5 spaces per 1,000 square feet of commercial floor space.

(3) E3 Personal Services. Service business, including barber, hairdresser, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional building that is characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each 100 square feet of gross area used or intended to be used for servicing customers, plus one additional space for every two employees.

(4) E4 Financial Establishment. Bank, savings and loan association, credit union and other financial establishment. For each drive-in teller window a minimum of six vehicle waiting spaces shall be provided away from the trafficway serving the facility.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional building that is characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each 50 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each employee.

(5) E5 Eating Place. Eating place for the sale and consumption of food and beverages without drive-in service and primarily without takeout service. All food and beverages may be served by waiters or waitresses and are primarily consumed inside the building while patrons are seated at counters or tables. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional building that is characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each 50 square feet of total floor area, or one off-street parking space for every four seats, whichever requires the greater number of spaces.

(6) E6 Fast-Food Restaurant. A fast-food restaurant is an eating establishment in which the principal business is the sale of foods and/or beverages to the customer in a ready-to-consume state for either within the restaurant building, or for carry-out with consumption off the premises. Service to parked vehicles by restaurant employees is prohibited. A fast-food restaurant shall conform to the following conditions:

(a) Minimum lot size: 40,000 square feet.

(b) Minimum lot width: 150 feet.

(c) Access requirements:

[1] Such use must have direct access to a collector or arterial street.

[2] There shall be only one point of ingress to the collector or arterial street. This may be accomplished in one of the following ways:

[a] The ingress and egress are adjacent to each other with no physical separation. This arrangement must be at least 24 feet wide and not more than 36 feet wide.

[b] The ingress and egress are adjacent with a raised island separating the two. The island shall be more than 10 feet wide. Each driveway shall be at least 14 feet wide but not more than 24 feet wide.

[c] The ingress and egress would be completely separated on the site. In this case, the driveways shall be at least 100 feet apart measured center line to center line. Each driveway shall be at least 14 feet wide, but not more than 24 feet wide.

[3] When this use is adjacent to, or on the same lot with, a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector or arterial street.

[4] The access driveway shall be located so as to allow for adequate acceleration and deceleration lanes.

[5] The access shall be at least 40 feet from any existing street intersection. The distance shall be measured from the street right-of-way to the edge of the access driveway.

[6] A traffic impact analysis of the proposal shall be prepared by a traffic engineer or traffic planner when required by the Township. The study shall identify existing traffic levels on the street, project traffic generated by the restaurant, identify potential problems created by restaurant generated traffic and propose solutions to control and provide safe access to and from the site and maintain an acceptable level of service on the frontage street.

(d) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(e) Parking requirements.

[1] One off-street parking space for every two seats, or three off-street parking spaces for every 100 square feet of gross floor area, whichever requires the greater number of spaces, plus one additional space for each employee of the largest shift.

[2] Parking areas shall be setback at least 10 feet from any side or rear lot line except that when the buffer yard provisions require a greater distance.

[3] At least two parking spaces in close proximity to the entrance to the restaurant shall be reserved for the handicapped. These spaces shall be 12.5 feet wide by 20 feet deep.

[4] Parking areas shall be paved and shall be subject to all applicable parking lot standards of Chapter 140, Subdivision and Land Development.

(f) Where a drive-in window is proposed a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles nor shall in any way conflict with through circulation or parking.

(g) A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.

(h) Service areas provided for delivery trucks shall be screened from the street and adjacent properties in accordance with § 160-33, Buffer yards, herein. In addition, the service areas shall be so located as not to conflict with patron traffic, either vehicular or pedestrian.

(i) There shall be no outdoor storage other than trash which shall be within an enclosed area.

(j) The entrance to the restaurant shall be designed to accommodate handicapped persons.

(k) Lighting:

[1] All portions of the parking area shall be adequately lighted during after-dark operating hours.

[2] All light standards shall be located on the raised parking islands or planting areas and not on the parking surface.

[3] The lighting facilities shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.

(l) In addition to the planting in required buffer yards all areas of the site not paved shall be landscaped with a mixture of trees, shrubs and ground covers. Trees in these planting areas shall be of a size and type consistent with the Township’s street tree and buffer planting lists. The plant material should be located so as to accomplish one or more of the following purposes: screening, retard stormwater runoff, direct or restrict pedestrian access, define spaces, provide shade and/or complement and enhance the building and grounds. Parking areas shall have at least one tree, meeting street tree type and standards, for every 10 parking spaces. The trees shall be planted in such a manner to afford maximum protection from the sun for parked vehicles.

(m) Covered trash receptacles shall be provided outside the restaurant for patron use.

(7) E7 Repair Shop. Repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including automobile, motorcycle or recreational vehicle repairs.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each 300 square feet of gross floor area, plus one additional space for each employee.

(8) E8 Motel-Hotel. A building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, including bed-and-breakfast accommodations.

(a) The bulk, scale and character of the building(s) shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street parking space for each rental room or suite, plus one additional off-street parking space for each employee.

(9) E9 Entertainment. Entertainment and recreation facilities operated as a gainful business. This use shall not include game rooms, arcades or use types E21 Adult Stores or E23 Public Entertainment Facility.

(a) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(b) Parking: one off-street space for each four seats provided for patron use, or at least one off-street parking space or each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(10) E10 Gasoline Service Station. Gasoline service station, where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail, including mini-marts incidental to the service station use, but not including major mechanical and body work, painting, spraying or welding or storage of automobiles not in operating condition, provided:

(a) Minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.

(b) All activities except air and those to be performed at the fuel pumps shall be performed within a completely enclosed building.

(c) No building, structure, fuel pump or fuel storage tank shall be less than 100 feet from any residential zone or residential use.

(d) Fuel pumps shall be at least 25 feet from any ultimate street right-of-way.

(e) All automobile parts and similar articles shall be stored within an enclosed building.

(f) All refuse shall be stored within an enclosed building or enclosed area.

(g) Paint-spraying or body and fender work shall not be permitted.

(h) Lubrication, oil changes, tire changes, and minor repairs permitted if entirely within an enclosed building.

(i) Vehicles shall not be stored outdoors while awaiting repairs for more than five days.

(j) Junk vehicles shall not be stored in the open at any time. Buffer yards and screening shall be provided and maintained in accordance with § 160-33, Buffer yards, of this chapter.

(k) Access regulations:

[1] There shall be no more than two access points along any frontage and they shall be at least 40 feet apart and no driveway shall be closer to a side property line than 10 feet.

[2] Each driveway shall be not more than 30 feet in width measured at right angles to the center line of the driveway, not including permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.

[3] On all corner properties there shall be a minimum distance of 50 feet between any entrance or exit drive and the right-of-way line or proposed right-of-way line of the street which parallels said access drive.

[4] In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island along the entire frontage of the property, except for the permitted driveways. On the two ends and street side of each island shall be constructed on a concrete curb, the height, location and structural specification of which shall be approved by the Township Engineer. Maximum and minimum curb return radii permitted and minimum driveway approach angles to the center line of the street are required.

[5] Where there is no existing curb and gutter or sidewalk, the applicant may be required to install such safety island and curb.

(l) Parking: one off-street parking space for every 300 square feet of gross floor area, or two off-street parking spaces for each service bay, whichever is larger, plus one space for each employee. Off-street parking spaces are not to be a part of, nor interfere with, the access ways to and from the pumps.

(11) E11 Automobile Sales. Sale of automobiles by a duly franchised new car dealership, used car sales, car, truck, trailer, cycle and boat rental.

(a) Parking: one off-street parking space for each 100 square feet of gross floor area, plus one additional space for each employee.

(12) E12 Automobile Repair or Car-Washing Facility. Automobile repair garage or car-washing facility, including paint spraying and body and fender work or car-washing facility, provided that all repair and paint work is performed within a fully enclosed building. All automobile parts, refuse, and similar articles shall be stored within an enclosed building or enclosed area.

(a) All such uses shall recycle their liquid wastes according to Best Management Practices available in the industry.

(b) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(c) Parking: one off-street parking space for each 100 square feet of gross floor area, plus one additional space for each employee.

(13) E13 Truck and Farm Equipment Sales. Truck, heavy equipment and farm equipment repair and sales.

(a) Parking: one off-street parking space for each 100 square feet of gross floor area, plus one additional space for each employee.

(14) E14 Automotive and Farm Accessories. Sale of automotive and farm accessories, parts, tires, batteries, and other supplies.

(a) Installation of parts shall be in a fully enclosed building.

(b) Parking: one off-street parking space for each 100 square feet of gross floor area, plus one additional space for each employee.

(15) (Reserved)

(16) E16 Shopping Center. A neighborhood shopping center, planned and designed as a complex of related structures and circulation patterns, subject to the following additional criteria:

(a) Such centers shall be at least 10 acres in extent.

(b) Uses D1, D2, E1, E2, E3, E4, E5, E7 and E9 shall be permitted.

(c) The bulk, scale and character of the buildings shall be compatible with the traditional buildings that are characteristic of the rural and historic character of the community for the district.

(d) Parking shall be based on the most recent Institute of Transportation Engineers (ITE) Parking Generation Manual for the size and type of shopping center proposed.

(17) E17 Commercial Conversion. The conversion of an existing structure to a permitted or conditional commercial use shall be permitted where the character of the existing structure is maintained and where all parking and other requirements for the particular use as spelled out in §§ 160-22 and 160-23 of this chapter are met. In historic areas of the village centers, no exterior modifications of the structure shall be permitted which alters the original style of the building, its doors, windows or other details. “Historic buildings” shall be those structures that are included in the inventories of the Hilltown Township Historical Society, Bucks County Conservancy or the Bucks County Historical Society.

(18) E18 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

(a) Parking: one off-street parking space for each 50 square feet of total floor area; plus one additional off-street parking space for each full-time employee.

(19) E19 Indoor Athletic Club. An indoor athletic club shall include buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, volleyball, facilities for exercise equipment and health clubs and facilities related thereto, provided that no facilities shall be provided in any such club to accommodate more than two spectators for each court.

(a) Parking: one space per anticipated user plus one space for each employee.

(20) E20 Mini-Storage. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties. This use shall not provide warehousing for industrial or commercial businesses. Such use shall be subject to the following provisions:

(a) Maximum building coverage: 30%.

(b) Minimum aisle width between buildings shall be 26 feet, or greater if necessary for the buildings to meet the Township building code.[4]

[4] Editor’s Note: See Ch. 65, Construction Codes.

(c) The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township.

(d) Outdoor storage of automobiles, boats, recreation vehicles, is permitted if they are within the fenced area, and the parked vehicles shall not interfere with traffic movement through the complex.

(e) A total visual buffer shall be provided in accordance with § 160-33, Buffer yards, of this chapter.

(f) An office and residence is permitted as an accessory use to provide for a full-time caretaker.

(g) Each structure shall not exceed 6,000 square feet in size.

(h) Minimum requirements for lease restrictions:

[1] Storage limited to items or personal property generally stored in residential accessory structures.

[2] No business activities other than leasing of storage units.

[3] No explosive, toxic, radioactive or highly flammable materials.

(21) E21 Adult Entertainment. Any adult- or sexually oriented business, including any business establishment that regularly features live performances, which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person. Or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult entertainment may include an adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, or adult visual materials or video store as defined in this chapter. Adult entertainment includes any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses described herein.

[Amended 4-26-2010 by Ord. No. 2010-2]

(a) The following definitions shall apply to use E21 Adult Entertainment:

ADULT ARCADE

Any place in which the public is permitted or invited, or a private club or organization having private members, wherein coin-operated or slab-operated or electronically, electrically, or mechanically controlled still or motion picture, or video machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE

An establishment having as a substantial, significant, or preponderant portion of its stock in matter which are distinguished or characterized by their emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

ADULT CABARET

A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; pubic areas; buttocks; or the female breast with only the nipple or areola covered, or any combination thereof, for observation by patrons or customers. A distance of five feet shall be maintained between patrons and the performer who appear in any state of nudity.

ADULT MOTION-PICTURE THEATER

A building or portion thereof or area, open or enclosed, used for the presentation on more than 1/3 of the days in a calendar year during which motion-picture films, video cassettes, cable television or any other such visual media are displayed or exhibited, of films, videocassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as hereinafter defined for observation by patrons or customers. "Adult motion-picture theater" does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a videocassette-playing machine or cable television.

ADULT VISUAL MATERIALS OR VIDEO STORE

A building or portion thereof used by an establishment having not less than 10% of its actual display area devoted to; or stock-in-trade for sale or rental to the public or any segment thereof consisting of books, magazines, other publications, films, videocassettes, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON

The dominant or essential theme of the object described by such phrase.

REGULARLY FEATURES

With respect to an adult business, a regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activity on four or more occasions within a calendar year shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SPECIFIED ANATOMICAL AREAS

Any of the following:

[1] Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and

[2] Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

[3] Any device, costume or covering that simulates any of the body part included in [1] or [2] above.

SPECIFIED SEXUAL ACTIVITIES

Any of the following whether performed directly or indirectly through clothing or other coverings:

[1] Human genitals in a state of sexual stimulation or arousal;

[2] Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy; and

[3] Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

[4] Masturbation, actual or simulated; and

[5] Excretory functions as part of or in a connection with any of the other activities described in [1] through [4] above.

(b) The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, public or private school, place of worship, recreation facility, or any other religious, institutional or educational use.

(c) No such use shall be located within 2,000 feet of a similar use.

(d) No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use.

(e) No adult entertainment use shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(f) All off-street parking areas and premises entries of the adult entertainment use shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of 1.0 footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the adult entertainment use for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

(g) All parking areas must be located in front of the building.

(h) Such use shall only be operated between the hours of 10:00 a.m. and 12:00 a.m. (either on the Eastern standard or daylight saving time system). Extended hours of operation may be approved by the Board of Supervisors upon submission of a written request by the applicant/owner of the facility. The Board of Supervisors shall take into consideration the type of facility, amount of usage, and impact on adjoining properties when reviewing such requests.

(i) An adult entertainment use shall not include the following:

[1] Any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

[2] Any activity conducted by a person pursuant to any license issued by the Commonwealth of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency.

(j) Minimum parking requirement: one space for each 100 square feet of floor area.

(22) E22 Theater. A building in which films are shown or stage shows are performed regardless of the type of film or program presented. This use does not include open air, outdoor, or drive-in theaters. Listed permitted use types are subject to the following conditions:

(a) This use shall be located no closer than 1,500 feet, measured in all directions, to a school, church or school bus stop.

(b) Minimum lot size shall be three acres.

(c) The exterior display of any pornographic material as defined by the Consolidated Pennsylvania Statutes, Act 1972, Dec. 6, No. 334 (18 Pa.C.S.A. § 5903) shall be prohibited.

(d) Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

(23) E23 Public Entertainment Facility. An entertainment facility operated as a gainful business within a building or structure providing automatic amusement devices or games, including pool or billiard rooms or similar location used for this purpose, subject to the following:

(a) An automatic amusement device or game is defined to be each coin-operated machine, mechanical machine or electronic machine, which operates or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be governed by this use in any location where more than four such devices are located.

(b) This use shall be located no closer than 1,500 feet, measured in all directions, to a school, church or school bus stop.

(c) Such use shall only be operated between the hours of 10:00 a.m. and 10:00 p.m.

(d) No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.

(e) Such facilities shall be subject to adult management, with an adult manager on premises at all times during operation.

(f) This use shall not include use types E9 Entertainment or E21 Adult Stores.

(24) E24 Outdoor Motion-Picture Establishment. Outdoor motion-picture establishment which may include facilities for the sale and consumption of food and nonalcoholic beverages. Subject to the following conditions:

(a) Such uses shall have frontage on, and take access from, an arterial or collector status street. The applicant shall provide an analysis of the physical conditions of the street system at the proposed points of access. Improvements to insure safe turning movements and traffic safety shall be provided by the applicant as required by the Township. The applicant shall provide sufficient vehicle stacking area(s), or a marginal access road to insure that entering vehicles will be able to pull off the road as may be required.

(b) The motion-picture screen shall be no closer to any property line than 1.25 times the height of the picture screen or the minimum yard requirements of the zoning district, whichever setback is greater. Other buildings shall be subject to the minimum yard requirements of the zoning district.

(c) The applicant shall provide information which indicates conformance with §§ 160-36 through 160-43 of this chapter.

(d) The maximum impervious surface ratio for this use shall be 60% regardless of the standards listed in § 160-26, Table of Performance Standards.

(e) The motion-picture screen shall not be oriented toward an arterial or collector street.

(f) The applicant shall provide a plan for buffering in accordance with § 160-33, Buffer yards, and shall meet the following standards:

[1] The minimum buffer width shall be 50 feet.

[2] Along an adjacent property line that is zoned RR, CR-1, CR-2 or VC or a property line with an existing residential use and along any street, there shall be either:

[a] A six-foot-high solid wooden fence within the fifty-foot buffer yard and one one-and-one-half-inch to two-inch caliper deciduous tree at an average of one tree per 40 lineal feet of buffer plus one three-foot to four-foot evergreen tree at an average of one tree per 20 lineal feet of buffer; the trees shall be placed between the fence and the property line; or

[b] A five-foot-high berm planted on top as in Subsection E(24)(f)[2][a] above with the plant material listed in Subsection E(24)(f)[2][c] below; or

[c] One one-and-one-half-inch to two-inch caliper deciduous tree at an average of one tree per 40 lineal feet of buffer plus one three-foot to four-foot evergreen tree at an average of one tree per 20 lineal feet of buffer plus one three-foot to four-foot deciduous shrub per four lineal feet of buffer.

[3] Acceptable plant material for the buffer yard noted in Subsection E(24)(f)[2][b] above shall be:

[a] Evergreen trees as specified in Chapter 140, Subdivision and Land Development;

[b] Deciduous trees as specified in Chapter 140, Subdivision and Land Development;

[c] Shrubs: privet, forsythia, viburnum species.

[4] A clear sight triangle shall be maintained at all street intersections and at all points where access drives intersect with roads.

(25) E25 Medical Marijuana Dispensary Facility. An activity or operation owned and operated by a "dispensary," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" (the "Act"), 35 P.S. § 10231.101 et seq. As used in this § 160-23E(25), "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:

[Added 5-22-2017 by Ord. No. 2017-001]

(a) A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

(b) No medical marijuana dispensary facility shall be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.

(c) A medical marijuana dispensary facility shall be clearly identified as such in its signage.

(d) A medical marijuana dispensary facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

(e) Permit application requirements.

[1] A copy of the permit issued to the dispensary company by the Pennsylvania Department of Health under the Act.

[2] Documentation of procedures and measures used or to be used by the medical marijuana dispensary facility and its owner and/or operator to ensure compliance or to abide by:

[a] The Medical Marijuana Act;

[b] Federal memoranda regarding medical marijuana, including inter alia the August 29, 2013, U.S. Department of Justice memorandum (known as the "Cole memorandum"); and

[c] All other applicable laws and regulations governing the dispensary company or the medical marijuana dispensary facility, including the Township's Code of Ordinances.

[3] Documentation that the dispensary company has provided the following information to the Pennsylvania State Police and the Hilltown Township Police Department:

[a] Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana dispensary facility and two individuals of the dispensary company who the Pennsylvania State Police and the Hilltown Township Police Department may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana dispensary facility.

[b] All information required under § 160-23E(25)(e)[2] above.

(f) Parking loading and buffer requirements will be the same as for use E-1 Retail Store.

(g) Effect on federal law. Nothing in this § 160-23E(25) shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive or guideline promulgated or authorized by an entity of the federal government respecting the distribution, use, sale, growing, processing or dispensing of marijuana.

F. All Common Carriers, Public Utilities, Community Facilities Public Service Organizations and Communications Companies.

(1) F1 Public and Commercial Utilities. Transformer station, pumping station, electric substations, etc. In residential districts, such uses shall be permitted only where all the following conditions are met:

(a) Such installation is essential to service the surrounding residential area(s);

(b) No public business office or storage yard or storage building is operated in connection with the use;

(c) A fifty-foot buffer yard shall be provided along all property lines which shall include adequate means for visual screening in accordance with § 160-33, Buffer yards, herein; and

(d) Parking: two off-street parking spaces, or one space per employee, whichever requires the greater number of spaces, is provided.

(2) F2 Emergency Services. Fire, ambulance, rescue and other emergency service of a municipal or volunteer nature, on parcels with a minimum size as required by the zoning district in which it is built unless a banquet facility is provided wherein the minimum lot size shall be three acres.

(a) Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area.

(3) F3 Bus Station. A mass transit facility used for the pickup and dropoff of passengers, including the storage and maintenance of vehicles, and office and passenger waiting areas normally and customarily related to the use.

(a) Parking: off-street parking spaces as the Planning Commission and Board of Supervisors shall determine adequate to serve customers, patrons, visitors, employees and vehicles normally stored on the premises.

(4) F4 Municipal Use. A municipal use is a use conducted by the Township, or municipal authority incorporated by the Township, for the health, safety and general welfare of the Township residents. Real property dedicated for the use by the Township or authority may be used for any municipal use, including but not limited to, water systems, sewer systems, municipal offices, streets, parking areas, parks, playgrounds, swimming pools, tennis courts, all municipal owned utilities and appurtenances used in connection with supplying such services.

(a) Parking: one off-street parking space is required for each well house, pumping station, or other municipal utility maintenance building which is not staffed by a full-time employee. Any municipal building staffed by a full-time employee shall provide one space per employee.

(5) F5 Airport, Heliport, Airfield and Gliderport. The siting, operation and maintenance of all airport, heliport, airfield, gliderports and associated facilities shall conform to all Pennsylvania Department of Transportation’s State Bureau of Aviation and the Federal Aviation Administration (FAA) regulations and ordinances of the Township of Hilltown, and shall be approved by the Hilltown Township Board of Supervisors after recommendation from the Planning Commission.

(6) F6 Communications Tower and Cellular Telecommunications Facility. A communications tower or a cellular telecommunications facility is permitted under a variety of circumstances in various zoning districts. The standards which follow cover the various ways that these uses are permitted.

[Added 8-27-2007 by Ord. No. 2007-12; amended 5-28-2013 by Ord. No. 2013-2]

(a) The following general provisions apply to all communications towers and cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified in Subsection F(6)(b) and (c) below.

[1] The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

[2] Notwithstanding the requirements of § 160-33, the following buffer plantings shall be located around the perimeter of the security fence:

[a] An evergreen screen shall be planted that consists of either a hedge with a minimum height of four feet, planted three feet on center maximum, or a row of evergreen trees with a minimum height of six feet, planted 10 feet on center maximum. Plant material and installation shall conform to § 140-37 of the Subdivision and Land Development chapter.

[b] Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

[3] An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

[4] The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E manual, as amended. In addition, all towers and support structures shall be designed to permit accommodation of future users in a manner approved by the Township.

[5] A soil report complying with the standards of Appendix 1: Geotechnical Investigations, ANSI/EIA 222-E manual, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.

[6] All plans and drawings for the tower and antenna shall contain a signature and seal of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[7] The tower and antenna shall be designed to withstand wind gusts of at least 100 miles per hour.

[8] An antenna may not be located on a building or structure that is listed on an historic register or is in an historic area.

[9] Any guy wires attached to a tower must be anchored within the same lot as the tower and no closer than 10 feet from any lot line.

[10] A communications tower or a cellular telecommunications facility shall not be permitted on land that has been dedicated to Hilltown Township as open space.

[11] Excluded from regulation under this subsection is any use involving a tower or antenna the top of which is less than 50 feet above the ground and which is either a noncommercial use or a use related to the principal use on a lot.

(b) Use in nonresidential districts Q, PC-1, PC-2, LI, HI, and VC.

[1] A communications tower or a cellular telecommunications facility is permitted as a special exception in nonresidential districts Q, PC-1, PC-2, LI, HI, and VC, except where the communications tower or cellular telecommunications facility is located on a Hilltown Township-owned parcel, the use shall be permitted by right; subject to the following conditions:

[a] The existing use on the lot may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the communications provider.

[b] The tower and equipment building shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[c] The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting, but in no event less than the minimum lot area for that district.

[d] The minimum setback for the tower shall be no less than the height of the tower plus 20 feet. The minimum setback for the equipment building shall be that established for that district.

[e] The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

[f] The maximum height of a tower shall be 200 feet.

[g] In a VC District, a communication tower or a cellular communications facility must be in combination and attached to an existing municipal structure or municipal building and shall be governed by the provisions of Subsection F(6)(b)[2] of this section.

[2] Combined with an existing structure. Where possible, an antenna for a communications tower or a cellular telecommunications facility shall be attached to an existing structure or building subject to the following conditions of this subsection and whenever an antenna for a communications tower or a cellular telecommunications facility is proposed in a VC District, it shall be attached to an existing municipal structure, building or facility subject to the following conditions:

[a] The maximum height of the antenna shall be 25 feet above the existing building or structure.

[b] If the applicant proposes to locate the related equipment in a separate building, the building shall satisfy the following conditions:

[i] The building shall comply with the minimum setback requirements for that district.

[ii] An eight-foot-high security fence shall surround the building.

[iii] A buffer yard shall be planted in accordance with Subsection F(6)(a)[2].

[iv] Vehicular access to the building shall not interfere with the parking or vehicular circulation on the lot for the principal use.

[c] Elevation of the existing structure showing width, depth and height, and engineering data about the antenna and existing structure, such as antenna size and weight and load-bearing capacity of the existing structure, shall be presented.

(c) A communications tower or a cellular telecommunications facility is permitted as a special exception in residential districts MHP, AQRC, CR-I, CR-2, and RR, except where communications tower or cellular telecommunications facility is located on a Hilltown Township-owned parcel, the use shall be permitted by right; subject to the following conditions:

[1] The tower and equipment building shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[2] Sole use on a lot or combined with a residential use: A communications tower or a cellular telecommunications facility is permitted on a lot within an existing use (or on a vacant lot) subject to the following conditions:

[a] The tower and equipment building shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[b] The minimum lot area shall be 10 acres.

[c] The minimum setback for the tower shall be no less than the height of the tower plus 20 feet. The minimum setback for the equipment building shall be that established for that district.

[d] The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

[e] The maximum height of a tower shall be 150 feet.

[f] Subject to the provisions of Subsection F(6)(a)[11], an antenna shall not be attached to a residence.

[3] Combined with a nonresidential use. An antenna may be attached to a nonresidential use that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or structure owned by a utility, upon satisfaction of the following conditions:

[a] The maximum height of the antenna shall be 25 feet above the existing building or structure.

[b] If the applicant proposes to locate the related equipment in a separate building, the building shall satisfy the following conditions:

[i] The building shall comply with the minimum setback requirements for that district.

[ii] An eight-foot-high security fence shall surround the building.

[iii] A buffer yard shall be planted in accordance with Subsection F(6)(a)[2].

[iv] Vehicular access to the building shall not interfere with the parking or vehicular circulation on the lot for the principal use.

[v] Elevation of the existing structure showing width, depth and height, and engineering data about the antenna and existing structure, such as antenna size and weight and load bearing capacity of the existing structure, shall be presented.

[4] Located on a nonresidential lot. A tower to support an antenna may be constructed on a lot with a nonresidential use that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, an agricultural use and a utility use upon satisfaction of the following conditions:

[a] The minimum setback for the tower shall be no less than the height of the tower plus 20 feet. The minimum setback for the equipment building shall be that established for that district.

[b] The maximum height of the tower shall be 150 feet.

[c] The tower and equipment building shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

[d] The minimum lot area shall be the area needed to accommodate the tower (and guy wires, if used), the equipment building, security fence and buffer planting, but in no event less than the minimum lot size for that district.

[e] The vehicular access to the tower and equipment building shall be provided along the circulation driveways of the existing use.

(d) In addition to the conditions set forth above, the following criteria shall be applied in evaluating an application for a communications tower or cellular telecommunications facility:

[1] The applicant shall demonstrate that the tower is the minimum height necessary for the area served and that the tower or facility must be located on the subject lot to serve the intended purpose. The applicant shall further demonstrate that it has investigated utilizing municipally owned properties and such properties are either unavailable or cannot meet the service requirements of the applicant.

[2] The applicant shall demonstrate that any newly constructed equipment building is the minimum height necessary to house the equipment for the facility. Consideration may be given to increased height for a peaked roof or a design which is more compatible with a residential or rural setting. In any event, the maximum building height for the applicable zoning district may not be exceeded.

[3] The applicant shall present documentation that the tower is designed in accordance with the standards cited above.

[4] The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

[5] If the application is not for the addition of an antenna to an existing structure, the applicant shall demonstrate that, after thorough investigation, it was unable to utilize an existing structure.

[6] Where the tower or facility is to be located on a lot with another use, the applicant shall present documentation that the owner of the lot has granted an easement for access to the proposed tower or facility and that vehicular access is provided to the tower or facility.

[7] The applicant shall design a tower to permit co-location of at least three other communication companies' equipment on the tower upon payment to the applicant of a commercially reasonable fee by the other companies and upon consideration by the applicant of the request for co-location within a commercially reasonable time.

[8] The applicant shall provide evidence acceptable to the Township that provides for the prompt removal of the tower or facility should it cease to be used for receiving or transferring telecommunication, radio, or other signals.

(e) Modification, replacement and co-location of an existing wireless telecommunications facility shall be permitted by right, provided all of the following requirements are met:

[1] The proposed co-location, modification or replacement may not substantially change the physical dimension of the wireless support to which the wireless telecommunications facilities are to be attached.

[2] The proposed co-location, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of the one additional antenna array, unless approved by the Township.

[3] The proposed co-location, modification or replacement may not increase the dimensions of the equipment compound approved by the Township.

[4] The proposed co-location, modification or replacement must comply with the applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.

[5] The proposed co-location, modification or replacement may not exceed the applicable wind-loading and structural-loading requirements for the wireless support structure.

G. Light Industrial Uses.

(1) G1 Truck Terminal. A structure or use of land for the storage of trucks and/or transfer of freight from one truck to another, provided said use or structure does not include the handling or processing of municipal or hazardous waste.

(a) Parking: off-street parking spaces as the Board of Supervisors and Planning Commission shall determine adequate to serve customers, and employees, visitors, and vehicles normally stored on the premises.

(2) G2 Research. Research, testing, or experimental laboratory.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(3) G3 Wholesale. Wholesale business and storage in a roofed structure.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(4) G4 Printing. Printing, publishing, binding.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(5) G5 Contracting. Excavating, building, cement, masonry, painting, roofing, siding, landscaping, paving, HVAC, or uses of similar nature.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(6) G6 Fuel Storage and Distribution. Storage and distribution of fuel oil, coal, LP gas and similar fossil fuels.

(a) The maximum lot area shall be five acres.

(b) Parking: off-street spaces as the Board of Supervisors and Planning Commission shall determine adequate to serve customers, employees, visitors, and vehicles normally stored on the premises.

(7) G7 Warehousing. The use of a building or buildings for the storage of goods and materials not produced or manufactured on site.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, plus one for each company vehicle normally stored on the premises.

(8) G8 Commercial or Industrial Crafts. Finished carpentry shop, cabinet-making, furniture-making, upholsterer, plumbing, refrigeration, air-conditioning and machine or metal working shop and electrical/heating shop or similar use types.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(9) G9 Truck Business. The use of land or structures for the storage and maintenance of trucks provided there is no transfer of freight from one truck to another associated with the use.

(a) Parking: off-street parking spaces as the Board of Supervisors and Planning Commission shall determine adequate to serve customers, employees, visitors, and vehicles normally stored on the premises.

(10) G10 Medical Marijuana Growing/Processing Facility. An activity or operation owned and operated by a "medical marijuana growing/processing facility," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" (the "Act"), 35 P.S. § 10231.101 et seq. As used in this § 160-23G(10), "medical marijuana growing/processing facility" shall have the same meaning as the term "grower/processor" defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:

[Added 5-22-2017 by Ord. No. 2017-001]

(a) A medical marijuana growing/processing facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

(b) No medical marijuana growing/processing facility shall be located within 1,000 feet of the property line of a public, private or parochial school or day-care center.

(c) A medical marijuana growing/processing facility shall be clearly identified as such in its signage.

(d) A medical marijuana growing/processing facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

(e) A medical marijuana growing/processing facility shall not be permitted as an Agricultural (Use A1) or Intensive Agricultural (Use A3) in any zoning district within Hilltown Township;

(f) Permit application requirements.

[1] A copy of the permit issued to the grower/processor by the Pennsylvania Department of Health under the Act.

[2] Documentation of procedures and measures used or to be used by the medical marijuana growing/processing facility and its owner and/or operator to ensure compliance or to abide by:

[a] The Medical Marijuana Act;

[b] Federal memoranda regarding medical marijuana, including inter alia the August 29, 2013, U.S. Department of Justice memorandum (known as the "Cole memorandum"); and

[c] All other applicable laws and regulations governing the grower/processor or the marijuana growing/processing facility, including the Township's Code of Ordinances.

[3] Documentation that the grower/processor has provided the following information to the Pennsylvania State Police and the Hilltown Township Police Department:

[a] Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana growing/processing facility and two individuals of the grower/processor who the Pennsylvania State Police and the Hilltown Township Police Department may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana growing/processing facility.

[b] All information required under § 160-23 G(10)(e)[2] above.

(g) Parking, loading and buffering requirements shall be the same as for use H-1 Manufacturing.

(h) Effect on federal law. Nothing in this § 160-23G(10) shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive or guideline promulgated or authorized by an entity of the federal government respecting the distribution, use, sale, growing, processing or dispensing of marijuana.

H. Heavy Industrial Uses.

(1) H1 Manufacturing. Manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs, and products, including asphalt and concrete.

(a) Parking: three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.

(2) H2 Planing Mill. Planing mill where wood products are sold or processed to finished items such a molding, trim, etc.

(a) Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(3) H3 Lumber Yard. Lumber yard, excluding planing mill.

(a) Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment, but in no case less than one off-street parking space for every 300 square feet of gross floor area.

(4) H4 Quarry. Such use shall include extractive operations for sand, clay, shale, gravel, topsoil, stone and similar operations including borrow pits (excavations for removing material for filling operations) subject to the provisions of § 160-44 of this chapter. Included as a conditional use are asphalt and concrete mixing operations.

(5) H5 Resource Recovery Facility.

(a) A facility or land area that is used for any one or a combination of the following use types:

[1] Incinerator: a facility designed to reduce the municipal solid waste stream by combustion. This use may or may not include heat exchange equipment for energy recovery.

[2] Material separation and/or refuse derived fuel (RDF) facility: the extraction of materials from the municipal waste stream for recycling or for use as refuse derived fuel (RDF).

[3] Municipal solid waste: the unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.

[4] Recycling facility: a business that accumulates material such as paper, glass, aluminum, and/or plastic that is no longer useful for its intended purpose or function. The material which can be reused to manufacture a new product.

[5] Solid waste transfer facility: a facility or station where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. (A transfer facility may include the separation and collection of material for the purposes of recycling.)

(b) The following minimum lot area requirement shall apply:

Use Type	Minimum Lot Area (acres)
Materials separation and/or refuse derived fuels facility	5
Municipal solid waste facility	5
Recycling facility	5
Incinerator	10
Solid waste transfer facility	10

(c) The following requirements shall apply:

[1] Any such use shall be a minimum of 100 feet from all public streets as measured from the ultimate right-of-way of the road and 100 feet from any property line. Additionally, an incinerator or transfer facility shall be a minimum of 200 feet from any residential zoning district or occupied residential dwelling unit.

[2] Truck and equipment parking and/or storage areas shall be a minimum of 100 feet from any property line.

[3] Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the Rules and Regulations of the Department of Environmental Protection (PaDEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present of future Rules or Regulations of the PaDEP, the more restrictive PaDEP Regulations shall supersede and control.

[4] Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricades shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

[5] Unloading of municipal solid waste shall be continuously supervised by a facility operator.

[6] Hazardous waste as included on the list of hazardous waste maintained by the Department of Environmental Protection shall not be disposed of in a resource recovery facility.

[7] Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted and approved by the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with opening not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.

[8] All parts of the process (unloading, handling and storage of municipal solid waste) shall occur within an enclosed building. However, certain separate recyclable materials like glass, aluminum, and other metals may be stored outdoors.

[9] The storage of paper shall be within a building or other appropriate structure.

[10] Any material stored outdoors shall be properly screened so as not to be visible from any adjacent street or property.

[11] No material shall be placed or deposited to a height greater than the height of the fence or herein prescribed.

[12] No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.

[13] A contingency plan for disposal of municipal waste during a plant shutdown must be submitted to the municipality and approved by the governing body.

[14] Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PaDEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PaDEP regulations.

[15] Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This waste shall be located at least 150 feet from any lot line and stored in leakproof and vectorproof containers. Such process waste shall be disposed of in a sanitary landfill approved by PaDEP or in another manner approved by the PaDEP.

[16] A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four- to five-feet in height and planted on ten-foot staggered centers. In addition, the buffer requirements of § 160-33, Buffer yards, of this chapter shall be met.

[17] Solid waste landfill operations and open burning of any materials is prohibited.

[18] The nuisance standards of Article V of this chapter shall be met by all resource recovery uses.

[19] A traffic, environmental and community impact study and certification of water availability from the appropriate authority is required.

[20] A Zoning Permit shall be obtained on an annual basis.

[21] Compliance with the Bucks County Municipal Waste Plan pursuant to Act of July 28, 1988, No. 101, 53 P.S. § 4000.101 et seq., is required.

[22] Municipal water and sewer is required.

[23] Parking: one space per each employee.

(6) H6 Auto Salvage Yard. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to constitute an auto salvage yard for purposes of this chapter.

(a) The proposed use of an area for a auto salvage yard is not detrimental to adjacent land uses.

(b) The land area used for auto salvage yard purposes is not exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.

(c) Such auto salvage yard shall be entirely enclosed by a solid fence or wall, at least eight feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Said fence or wall shall be kept in good repair and neatly painted in a uniform color.

(d) The contents of such auto salvage yard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(e) There shall be a fifty-foot-wide buffer yard abutting all sides of the property that does not contain any structures, parking, or storage of materials. Buffer yard shall be landscaped in accordance with Type 1 buffer yard requirements of § 160-33, Buffer yards, herein.

[Amended 10-24-2022 by Ord. No. 2022-002]

(f) Minimum lot area required: 10 acres.

(7) H7 Junkyard. An area or land, with or without buildings, used for the storage outside of a completely enclosed building for used or discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. Such uses shall be subject to the following additional provisions:

(a) The proposed use of an area for a junkyard is not detrimental to adjacent land uses.

(b) The land area used for junkyard purposes is not exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.

(c) Such junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Said fence or wall shall be kept in good repair and neatly painted in a uniform color.

(d) There shall be a fifty-foot-wide buffer yard abutting all sides of the property that does not contain any structures, parking, or storage of materials. Buffer yard shall be landscaped in accordance with Type 1 buffer yard requirements of § 160-33, Buffer yards, herein.

[Amended 10-24-2022 by Ord. No. 2022-002]

(e) The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(f) Minimum lot area required: 10 acres.

(8) H8 Composting Facility. A facility for the composting of the organic matter in the municipal solid waste stream.

(a) The minimum lot area requirement shall be five acres.

(b) The minimum front yard shall be 75 feet and the minimum side and rear yards shall be 50 feet.

(c) There shall be a fifty-foot-wide buffer yard abutting all sides of the property that does not contain any structures, parking, or storage of materials. Buffer yard shall be landscaped in accordance with Type 1 buffer yard requirements of § 160-33, Buffer yards, herein.

[Amended 10-24-2022 by Ord. No. 2022-002]

(9) H9 Outdoor/Wholesale Storage. Outdoor storage is a primary use of the land, not including a junkyard or auto salvage, and subject to the following additional provisions:

(a) No part of the street right-of-way, no sidewalk or other areas intended or designated for pedestrian use and no required parking areas may be included within the storage area.

(b) Explosive, toxic, radioactive or highly flammable materials shall not be permitted under this use type.

(c) Storage shall occupy an area of no more than 75% of the lot area.

(d) Storage areas shall not exceed a height of eight feet.

(e) Storage areas shall be shielded from view from all public streets and residential uses.

(f) Parking: one off-street parking space for every 500 square feet of gross storage area, plus one space for each company vehicle normally stored on the premises.

(g) Uses constituting outdoor storage as a primary use shall be restricted to the following accessory uses: I4 Accessory Building; I6 Temporary Structure; I7 Off-Street Parking; I8 Signs; and I14 Commercial Accessory Office, subject to the additional requirements set forth for the above accessory uses.

I. Accessory Uses. Accessory uses and structures on the same lot and customarily incidental to the permitted principal use are permitted by right. The term “accessory use” shall not include a business unless expressly set forth herein, but may include the uses as set forth below which shall comply with all yard regulations, except as otherwise modified by this chapter.

(1) I1 Home Occupation.

(a) General standards. The following shall apply to all home occupations:

[1] A home occupation must be conducted within a single-family dwelling which is the bona fide residence of the principal practitioner, or in an existing accessory structure thereto which is normally associated with a residential use.

[2] The amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 600 square feet, whichever is less. At least 850 square feet of the gross floor area must remain in residential use. Although the floor area devoted to a professional office home occupation may not exceed 25% of the ground floor area of the principal structure, or existing accessory structure, the home occupation may be conducted within the principal structure or an existing accessory structure.

[3] In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside of the premises to attract customers or clients, other than those signs permitted in this chapter.

[4] One sign is permitted per home occupation providing that it is no larger than four square feet bearing only the name, occupation (words only) and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.

[5] Only one commercial vehicle is permitted per home occupation. All commercial vehicles shall be parked on-lot and must be parked in a garage or an enclosed structure.

[6] Off-street parking spaces are not permitted in the front yards. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. All off-street parking areas which contain more than three spaces must comply with the buffer and screening requirements of this chapter.

[7] There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

[8] No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off of the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off of the premises.

[9] No noise is emitted from any structure in conjunction with the home occupation that is discernible beyond the lot in which the use is permitted.

[10] There shall be no retail sales of goods permitted from any home occupation.

(b) The following uses are permitted as home occupations subject to the following additional conditions:

[1] Professional offices.

[a] A professional office is a service oriented business use conducted within an enclosed building specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the salable commodity offered to the client. Professional offices include but are not limited to, the following: office facility of a salesman, sales representative or a manufacturer’s representative, office facility of an architect, land planner, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, musician, real estate agent, or accountant. Office facility of a minister, rabbi, or priest providing that the office is open to the public and/or congregation.

[b] A professional office home occupation is a permitted accessory use providing that the home occupation complies with the following conditions and a Zoning Permit is obtained:

[i] No more than two persons, other than members of the immediate family, may be employed.

[ii] In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a professional office shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

[2] Instructional services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The conduction of this home occupation should not require a room or series of rooms specifically designed for that purpose. Where the construction of a particular physical environment, such as a classroom or studio, is deemed necessary in order to establish or conduct the home occupation, such use shall comply with the standards specified for professional offices, with the exception of off-street parking and employee requirements in which case this section apply:

[a] Instructional services involving musical instruments or more than one student at a time are permitted in single-family detached residences only. Instructional services involving only one student at a time and no musical instruments are permitted in any dwelling type.

[b] No persons shall be employed other than the members of the immediate family.

[c] In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of residential parking.

[3] Home crafts.

[a] Home crafts are activities whereby the commodity is completely manufactured on the site by the resident craftsman. Home crafts may include, but are not limited to, the following: artists, sculptors, woodworkers, bakers, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving and lapidary work.

[b] A home craft occupation is a permitted accessory use providing that the home occupation complies with the following provisions:

[i] Home crafts are permitted only in single-family detached dwellings.

[ii] No more than one person other than members of the immediate family may be employed.

[iii] In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a home craft shall provide one off-street space per 300 square feet of gross floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking.

[4] Family day-care home. Family day-care home is a facility in which care is provided for one or more, but less than seven, children at any one time where the child care areas are being used as a family residence.

[a] Licensing, approval and permit procedures. Prior to granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with all applicable provisions of the Department of Public Welfare’s Social Services manual by this Department to the applicant subject to licensure under the Public Welfare Code and/or other applicable regulations.

[b] All family day-care homes shall be subject to the following additional provisions:

[i] The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

[ii] A minimum outdoor play area of 2,000 square feet of contiguous area shall be provided as a recreational area for the children. This area shall not include any impervious surface or parking areas.

[iii] Family day-care homes are only permitted as an accessory use to a single-family home.

[iv] If a family day-care home is located adjacent to a nonresidential use, a parking lot or on a street classification higher than a local residential or marginal access street, the outdoor play area must be enclosed by an unclimbable fence which is deemed appropriate by the Township. In addition, when a family day-care home fronts on a collector or arterial street the outdoor play area should be located to the side or rear of the property.

[v] No more than one person other than members of the immediate family may be employed.

[vi] Parking standards: in addition to the off-street parking required for a single-family dwelling at least one additional off-street parking space is required for each employee, plus one additional space for dropoff. All parking areas in excess of three spaces must be screened.

(2) I2 Residential Accessory Structures and Uses.

(a) Residential accessory structures and uses, including, but not necessarily limited to:

[1] Parking spaces for the parking of passenger automobiles. The parking of commercial vehicles is prohibited, except for a maximum of one vehicle, which is licensed in the name of the property owner, and which is needed and utilized for travel to and from work by a resident of the principal dwelling. Only the tractor of a tractor trailer combination may be parked on the property. No parking area or drive shall be located closer than five feet to any side or rear lot line. Common lot lines of attached and semidetached dwellings and shared driveways are exempt from this setback provision.

[2] Fences and walls shall not exceed four feet in height in front yard areas, and eight feet in height in side and rear yard areas. Fences and walls shall be no closer than one foot to a lot line unless there is a letter of consent from the adjacent property owner, in which case they may be located on the lot line. In no case shall any fence or wall be located in or obstruct a clear sight triangle. The provision of this Subsection I(2)(a)[2] shall not apply to the extent Subsection I(2)(a)[3] is applicable.

[3] Decks and patios are permitted in side and rear yard areas and may be located no closer than 10 feet from any lot line, except for a side party wall lot line of attached dwellings in which case the deck or patio may extend to the side party wall lot line. A fence six feet in height, and extending the length of the deck or patio along the side party wall lot line, and attached to the deck or patio is permitted. No part or portion of any deck or patio is permitted within the front yard.

[Amended 5-22-2017 by Ord. No. 2017-003]

[4] A residential accessory structure less than 250 square feet shall have a minimum setback of two feet from the side lot line and five feet from the rear lot line within the CR-1 and VC Zoning Districts. Within all other zoning districts the residential accessory structure shall be a minimum of 12 feet from the side and rear lot line. No part or portion of any residential accessory structure is permitted within the front yard. All residential accessory structure greater than 250 square feet shall be located in accordance with the applicable setback requirements for the principal dwelling. Residential accessory structures shall not be closer than 15 feet to a principal dwelling on the same lot.

(b) Accessory family residence. One residence accessory to a single-family detached dwelling shall be permitted. The intent of these provisions is to allow for related family members and any required health care workers to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted.

[Amended 6-25-2007 by Ord. No. 2007-7]

[1] The use shall occupy an area the size of which is no more than 50% of the area of the principal residence.

[2] Occupancy of such use shall include only the following relatives of the family occupying the principal residence: children (issue and stepchildren), parents (natural parents, stepparents and in-law parents), brothers, sisters or their children, grandparents, uncles, aunts or children of uncles or aunts.

[3] The use shall be part of the principal residence or may be contained in an accessory structure. The use must meet all emergency means of egress requirements of Hilltown Township's adopted building code.[5]

[Amended 5-22-2017 by Ord. No. 2017-003]

[5] Editor's Note: See Ch. 65, Construction Codes.

[4] Only one accessory family residence shall be permitted per single-family detached dwelling.

[5] The owner of the principal residence shall provide to the Township evidence of approval by the Bucks County Board of Health for the additional use.

[6] One off-street parking space shall be provided for the additional use.

(3) I3 Residential Boarding. The keeping of not more than two roomers, boarders, or lodgers as an accessory use in single-family detached housing shall be permitted, provided:

(a) The minimum lot size shall be 50,000 square feet. In the VC District, the minimum lot size shall be 20,000 square feet provided the lot is served by public sewer.

(b) No additional rooms may be constructed for this purpose.

(c) The roomers, boarders or lodgers shall live within the principal residential building.

(d) No separate cooking facilities or dwelling may be created.

(e) Parking: one off-street parking space shall be provided for each roomer.

(4) I4 Nonresidential Accessory Building. Accessory building, or structure, or uses customarily incidental to nonresidential uses permitted in VC, PC-1, PC-2, HI, LI, and Q Districts in connection with such uses, except outside storage and uses permitted under use type I5 herein. Nonresidential accessory buildings shall meet the minimum setbacks for the principal nonresidential building and use within said district.

[Amended 10-24-2022 by Ord. No. 2022-002]

(a) Parking: Parking shall conform to the requirements of the most closely related use in § 160-23 of this chapter.

(5) I5 Outside Storage or Display. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:

(a) No part of the street right-of-way, ultimate street right-of-way, sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.

(b) Parking: none.

(6) I6 Temporary Structure and Use. A temporary permit may be issued for the following structures and/or uses provided the requirements of this section are met:

(a) Special events: A structure and use thereof necessary during construction or other special circumstances of a nonrecurring nature, subject to the following provisions:

[1] The time period of the initial permit shall be six months. This permit may be renewed for additional periods of six months subject to the limitations specified in § 160-20, and within a total aggregate period not to exceed two years.

[2] Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Hearing Board.

[3] Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the Township.

[4] Said structure shall not be used in conjunction with a private residential garage sale.

(b) Private garage sales: the use of a private residential garage, yard, lot or portion thereof for the periodic and generally nonrecurring sale of used household goods providing:

[1] No greater than four private garage sales are permitted on any lot within the same calendar year.

[2] All saleable items shall be used household goods.

(7) I7 Off-street parking. Off-street parking is subject to the provisions and requirements of § 160-46 of this chapter.

[Amended 10-24-2022 by Ord. No. 2022-002]

(8) I8 Signs. Signs are subject to the provisions and requirements of Article VII.

(9) I9 Noncommercial Kennels. A structure in which dogs, cats or other domestic pets are kept for private purposes subject to the following conditions:

[Amended 5-24-2004 by Ord. No. 2004-4]

(a) No more than three such pets shall be kept under the permanent care of the occupants.

(b) No animal shelter or runs shall be located closer to the property or street line than the minimum yard requirements specified for the principal use.

(c) A noncommercial kennel may be established only as an accessory use.

(d) Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.

(10) I10 Recreational Vehicles. A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreation vehicles or units include, but are not limited to, the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, autos, buses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers, and utility trailers.

(a) Recreational vehicles or units shall be stored on lot and comply with one of the following conditions:

[1] Located to the side or rear of the dwelling.

[2] Located in a garage.

[3] Located in an open sided roofed structure.

(11) I11 Noncommercial Swimming Pool. A water-filled enclosure, permanently constructed or portable, having a depth of more than 24 inches below the finished grade, or an above-surface pool, having a depth of more than 24 inches above finished grade, designed, used and maintained for swimming and bathing. For the purposes of this chapter, "swimming pool" shall include all associated patio, deck, sliding boards, ladders, stairs, ramps, wading pool, and equipment and appurtenances thereof.

[Amended 5-22-2017 by Ord. No. 2017-003]

(a) A Zoning Permit shall be required to locate, construct or maintain all swimming pools. All applications for swimming pool permits shall include plans, drawings or other data as may be required by the Zoning Officer and shall satisfactorily indicate the method of fencing the facility.

(b) Pools shall be located to the side or rear yard of the dwelling unit only and may be located no closer than 10 feet from any lot line and shall not be located under electrical lines of any kind.

(c) Every outdoor pool shall be enclosed by a fence of at least four feet in height, or the side walls of an aboveground pool shall be four feet above the finished grade and access removed or the ladder folded and locked to prevent access when not in use. All aboveground pools less than four feet above the finished grade shall be fenced as specified herein. No person shall henceforth construct a swimming pool or maintain a swimming pool constructed hereafter within the Township unless the same shall be enclosed by a substantial wire mesh or solid fence not less than four feet nor more than six feet in height and which shall contain no vertical interspace of more than two inches and no horizontal rail or component on the outside usable as a footstep and which shall satisfy the following minimum requirements:

[1] Wood picket: 3/4 inch stock.

[2] Metal picket: 1/2 inch diameter bar.

[3] Chain link: Vertical chains shall be 11 gauge minimum wire and a maximum of two inches apart.

[4] Woven or other solid fence: Strength shall be equivalent to one of the foregoing, satisfactory to the Zoning Officer.

[5] All gates in such fence shall be secured by a lock when the owner or tenant is absent from the premises, and by an effective safety latch at all other times.

[6] A dwelling or accessory building may be used as a part of the required enclosure.

(d) In the event that the water supply for the pool is supplied from a private well, there shall be no cross-connection with the public sewage system.

(e) In the event that the water supply for the pool is supplied from a public water system, the supply inlet shall be above the overflow level of the pool.

(f) At the time of application for a Zoning Permit, it shall be demonstrated that the drainage of the pool is adequate and will not interfere with the water supply system, existing sewage facilities, public streets, and shall not drain onto a neighboring property.

(12) I12 Wind Energy Conversion System. A wind energy conversion system is a device which converts wind energy to mechanical or electrical energy and which is permitted only as an accessory use and structure in accordance with the following regulations:

[Amended 6-27-2011 by Ord. No. 2011-9]

(a) Wind system shall be permitted as an accessory use only.

(b) Principal uses for which the wind system is a permitted accessory use are: A. Agricultural Uses, B. Residential Uses, G. Light Industrial and H. Heavy Industrial Uses.

(c) No wind system shall be permitted in any open space area that has been set aside, either as part of a development or preserved through a county, state, federal or conservancy preservation program. Open space area preserved through Hilltown Township shall be exempt from this provision.

(d) A wind energy system may be a freestanding pole structure or may be attached to another structure or building.

(e) Every proposed wind system, whether freestanding or attached to another structure, shall be designed and engineered to provide for safe operation. Detailed engineering plans, prepared by a licensed professional engineer, for all proposed wind systems shall be submitted with applications for approval. If an attached system is proposed, these engineering studies shall demonstrate to the satisfaction of the Township that the wind system shall not compromise the structural integrity of the building to which it is attached.

(f) Maximum height. The maximum height of any wind system is 65 feet from finished grade. This height shall include the pole or mounting structure and the blade when extended to its highest position. The pole or mounting device shall not exceed 50 feet.

(g) All wind systems shall be set back a minimum of 1.2 times the height of the structure, including the blade as extended to its highest position, from any lot line, aboveground utility line or pole and from any occupied structure on the same lot.

(h) The power generated by any wind system shall not be sold to any other customers except a public utility and shall be limited to use on the lot where the system is located.

(i) All facilities shall meet the applicable electrical codes and shall be performed by a licensed electrical contractor.

(j) Minimum lot size. The minimum lot size on which a wind energy system is permitted is three acres, or the minimum lot size for the use to which it is accessory, whichever is greater. There shall be no more than one wind energy system on any lot of three acres or less in size. For each wind energy system on any lot, there shall be a minimum of three acres for each system.

(k) Nuisance standards. All wind systems shall be designed to avoid any adverse impacts on surrounding properties. No lights shall be permitted on the wind system. All applications shall contain information on the proposed color, orientation, design of the system and any electrical interference effects.

(l) Access control. Access to the system shall be controlled by a fence with a height of eight feet with locking portal. The ground level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.

(m) A minimum of one hazard warning sign shall be posted near ground level on the fence or on the tower structure.

(n) The electric and utility lines to and from a wind system shall be underground.

(o) Abandonment and removal:

[1] Any wind energy conversion system which has not been in active and continuous use for a period of one year shall be removed from the property to a place of safe and legal disposal.

[2] All structural enclosures accessory to the wind energy conversion system shall be completely removed from the property to a place of safe and legal disposal.

[3] The former wind energy conversion system site shall be restored to as natural condition as possible within six months of the removal from the property.

(p) Natural resource protection standards. All wind energy systems shall meet the environmental protection standards in Article V, of Chapter 160 of the Code of Ordinances of Hilltown Township.

(13) I13 Radio and Television Towers, Masts, Aerials, Flagpoles, Dish Antenna, Microwave and Paging Towers. Radio and television towers, masts, aerials, flagpoles, dish antenna, microwave, paging towers and associated facilities are permitted as an accessory use to a residential dwelling unit subject to the following:

(a) The structure shall be set back from the nearest property line a distance at least equal to the height of the structure.

(b) The structure shall be anchored to the ground in a manner satisfactory to the Township Engineer.

(c) Shall not be subject to the minimum height limitations of this chapter.

(14) I14 Commercial Accessory Office. An accessory office is a clerical, administrative and professional use normally associated with a principal commercial or industrial use of a building, lot, or portion thereof. An accessory use office is an incidental component of a permitted principal use of structure or lot, and shall be subject to the requirements of the use type D3 of this chapter.

(15) I15 Accessory Retail Use. Accessory retail use open to the public and incidental to those uses permitted in the VC, PC-1, PC-2, HI and LI Districts and clearly connected to the principal use subject to the following conditions:

(a) The accessory retail use shall not exceed 10% of the gross floor area of the principal use.

(b) The accessory use shall be conducted entirely within the building housing the principal use and shall be under the same ownership as the principal use.

(c) No new building or structure shall be established for the accessory retail use.

(d) Parking: Parking shall conform to the requirements of either the E1 or E2 Retail Store use types set forth in § 160-23 of this chapter consistent with the proposed square footage of the new accessory use.

(16) I16 Bed-and-Breakfast Use and occupancy of a building shall be permitted for accommodating transient guests subject to the following additional conditions and restrictions:

[Amended 2-26-2007 by Ord. No. 2007-4]

(a) The Bed-and-Breakfast Use shall be permitted only within existing structures that were constructed prior to 1910.

(b) Not more than eight guest rooms may be provided.

(c) The minimum lot size for the use shall be three acres within the RR Zoning District. Within the CR-2 and VC Zoning Districts, the lot size shall conform to the district minimum (50,000 square feet and 20,000 square feet, respectively) as required for a single-family dwelling.

(d) One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and abutting dwellings with a buffer pursuant to § 160-33 of this chapter.

(e) There shall be no use of show windows or display or advertising visible outside the premises except for a single nonilluminated sign with a maximum sign area of four square feet and a maximum height of eight feet.

(f) External alterations, additions, or changes to the exterior structure shall be permitted if design and materials are consistent with the existing structure.

(g) The use shall be carried on by the property owner who must reside on the premises.

(h) There shall be no separate kitchen or cooking facilities in any guest room. Prepared food served on the premises shall be limited to breakfast only and shall be served only to guests of the establishment.

(i) The maximum uninterrupted length of stay shall be 14 days.

(j) The use of an amenities provided by the bed-and-breakfast such as swimming pool or tennis courts shall be restricted in use to the owners and guests.

(k) Where on-lot sewage disposal facilities are utilized within the RR Zoning District, the sewage disposal system shall conform to the requirements of the Bucks County Department of Health. Within the CR-2 and VC Zoning Districts, the use must be served by sanitary sewer facilities provided by a municipal authority.

(17) I17 Residential Agricultural Use. Residential agricultural use involves farming as an accessory use occurring on the same lot as a single-family dwelling, and includes tilling of the soil and raising of livestock, horses, fur-bearing animals (animals raised for the sale of their fur) or poultry. The keeping or raising of livestock, horses, fur-bearing animals or poultry shall be limited to lots of at least three acres and shall be limited to two head of livestock or horses, or 50 fowl. Lots of four acres up to 25 acres shall allow two additional head of livestock or horses per acre, or 50 fowl per acre. Maximum lot size is 25 acres. Livestock shall be considered those animals commonly raised on farms in this area, such as cows, sheep, goats, and pigs. Any building used for the keeping or raising of livestock, horses, fur-bearing animals, or poultry shall be situated not less than 50 feet from any street line or residential property line, or 100 feet from any existing neighboring dwelling. Not more than 9% of the total lot area shall be in impervious surfaces. Riding academies, livery or boarding stables and commercial dog kennels are not included in this provision. All buildings associated with this use, i.e., barns, sheds, silos and the like, shall also be permitted. In addition, buildings with a first-floor area of up to 1,250 square feet shall be exempt from land development procedures. Adequate provisions shall be made for the control of noise and odor and the confinement of the animals to the property. This agricultural use is to be used in conjunction with the single-family dwelling only and does not conflict with use A1 Agricultural Use.

[Added 7-22-2002 by Ord. No. 2002-6]

(18) I18 Trades business. Trades businesses involve the use of a residence as a base of operations for the business, but not including the conduct of any phase of the trade on the property. The residence must be the owner's primary residence, and he/she must reside on the property. Trades included in this home occupation use are electrician, plumber, carpenter, mason, painter, and roofer. Other uses of a similar nature may be permitted subject to conditional use approval of the Board of Supervisors.

[Added 6-25-2007 by Ord. No. 2007-11]

(a) The minimum site area shall be three acres and must be located in the RR or CR-2 District.

(b) Barns and outbuildings may be used for a trade business.

(c) The amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 600 square feet, whichever is less. At least 850 square feet of the gross floor area must remain in residential use. Additionally, this use may occupy 2,000 square feet of an existing barn or outbuilding.

(d) In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside of the premises to attract customers or clients, other than those signs permitted in this chapter.

(e) No more than five employees other than members of the immediate family currently residing at the residence may be employed.

(f) One sign is permitted per home occupation, providing that it is no larger than four square feet bearing only the name, occupation (words only), and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.

(g) A maximum of five trades business vehicles shall be permitted. All trades business vehicles shall be parked on-lot in a garage or an enclosed structure.

(h) All trades business vehicles, equipment and materials must be stored within a building. There shall be no outside storage of materials or equipment of any kind. Refuse shall be stored in containers with lids screened from view of adjoining properties and public streets.

(i) No wholesale or retail sales shall be conducted on the property.

(j) No trades business operation or activity shall be conducted before the hour of 6:30 a.m. or after the hour of 7:00 p.m. (either on Eastern standard or daylight saving time system), or on any Sunday or holiday.

(k) No on-street parking of any kind may be associated with this use. In addition to the off-street parking spaces required for the residential use concerned, a trades business use shall provide one off-street parking space for each employee with a maximum of five off-street parking spaces related to the trade business.

(l) Off-street parking spaces are not permitted in the front yards. A ten-foot-wide driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. All off-street parking areas which contain more than three spaces must comply with the buffer and screening requirements of this chapter.

(19) I19 Additional use opportunities for barns.

[Added 6-25-2007 by Ord. No. 2007-9]

(a) Purpose. In order to encourage the continued use and preservation of barns, and to facilitate their appropriate reuse, the following regulations are established.

(b) To be eligible for this use, the barn must have been constructed prior to 1920.

(c) Permitted use standards.

[1] The proposed use shall have adequate water supply and sewage disposal facilities. If sewage disposal facilities are on lot, verification of approval to use the septic system for additional sewage flow (where applicable) must be received from the Bucks County Department of Health.

[2] Any conversion and use of the barn must be in compliance with all applicable Pennsylvania Department of Labor and Industry and Americans with Disabilities Act requirements.

[3] Buffer yard and landscaping shall conform to § 160-33.

(d) Additional use opportunities. A barn eligible for additional use opportunities as outlined herein permitted is subject to conditional use approval by the Board of Supervisors.

Use	Permitted in the Following Zoning Districts by Conditional Use
B1 Residence	RR, CR-1, CR-2, VC
I16 Bed-and-Breakfast	CR-1, CR-2, VC
D3 Office	CR-1, CR-2, RR, VC
I1 Home Occupation	Permitted in all districts; general standards in § 160-23I(1)(a)[1] and [2] shall not apply to home occupations permitted in an eligible barn

(e) Conditional use standards. In addition to the general standards for conditional uses, the following shall apply:

[1] Applicant shall submit drawings illustrating how the barn will be used to accommodate the additional use.

[2] Use shall be designed to preserve distinguishing original qualities and the building setting.

[3] Removal of architectural features that are central to the building and history is discouraged.

[4] Additions shall be true to the period represented or compatible with the architecture of the structure.

[5] Deteriorated features shall be repaired using materials that match the originals in terms of design, color, texture, and appearance.

[6] Parking in the rear yard is encouraged.

[7] Lot must be sufficient in size and dimension to accommodate the proposed use and meet all the area and dimensional requirements of the zoning ordinance for the proposed use and parking.

[8] Board of Supervisors must approve the architectural design.

[9] Uses must comply with all the other applicable use regulations of this chapter.

(20) I20 Place of worship accessory uses. Place of worship accessory uses shall include Internet cafes, coffeehouse, tea room, religious bookstore, retail sale of religious items and media sales center, and shall be subject to the additional conditions and restrictions:

[Added 11-29-2007 by Ord. No. 2007-16]

(a) The accessory use shall be owned and operated exclusively by the place of worship; and private ownership or operation shall not be permitted.

(b) All accessory uses shall be contained within the principal structure of the place of worship and shall not exceed 10% of the area of the principal use or 12,000 square feet, whichever is less.

(c) The accessory use shall be open only during the hours the place of worship is open.

(d) One sign is permitted, provided that it is no larger than four square feet bearing the name of the accessory use and hours, and shall be affixed to the place of worship structure, and shall not be freestanding.

(e) Public promotion of the accessory use shall be limited to promotion of the general mission of the principal use.

(f) The accessory use shall be available only to individuals who are church members or those who are in attendance at the place of worship for activities and programs offered or sponsored by said place of worship.

(g) The area and facilities set aside for the accessory use shall comply, in all respects, with all current federal, state and local regulations and standards pertaining to fire, safety, health and handicap access.

(21) I21 Solar Energy System.

[Added 6-27-2011 by Ord. No. 2011-9]

(a) Applicability.

[1] This subsection applies to Solar Energy Systems to be installed and constructed after the effective date of this subsection, and all applications for Solar Energy Systems on existing structures or property. Solar energy systems constructed prior to the effective date of this subsection shall not be required to meet the requirements of this chapter; provided, however, that any structural change, upgrade or modification to an existing energy system that materially alters the size or placement of the Solar Energy System shall comply with the provisions of this section.

(b) Solar energy systems are permitted under this chapter only as accessory uses to a principal use for which the Solar Energy System is providing heating and/or other energy. Any Solar Energy System designed or proposed to resell electricity on the open market and/or utility company shall be deemed an F1 Utility Use and shall not be considered an accessory use.

[1] Ground arrays. Solar panels shall be permitted as ground arrays in the zoning districts identified within the Table of Use Regulations for I21 Solar Energy System as an accessory use in accordance with the following:

[a] Ground array solar panels shall be subject to the same setback distances for a principal use in the district wherein it is located, provided that no solar panel shall be located closer to the property line than 1.2 times the height of the solar panel.

[b] Ground arrays shall not be permitted in a front yard.

[c] Ground arrays shall be located so that any reflection is directed away or is properly buffered from an adjoining property.

[d] The highest point of the ground array's structure shall not exceed a height of 20 feet.

[2] Roof mounts. Any roof-mounted solar panels subject to the provisions of this section shall be permitted in the zoning districts identified within the Table of Use Regulations for I21 Solar Energy System as an accessory use in accordance with the following:

[Amended 5-22-2017 by Ord. No. 2017-003]

[a] Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.

[b] Integrated or separate flush-mounted solar panels may be located on any roof face, so long as the mounting system is hidden and the projection above the plane of the supporting roof is not greater than nine inches; otherwise, such system shall only be located on a rear or side-facing roof, as viewed from any adjacent street, unless such installation is proven to be ineffective or impossible.

[c] Front-facing installation of systems with a projection greater than nine inches above the plane of the supporting roof may be permitted only by conditional use in accordance with the following provisions. Applicant must indicate valid reasons as to why this is the only effective or possible means for utilizing solar energy on the property. The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation. Such information shall be certified by a professional deemed qualified by Hilltown Township and reviewed by the Hilltown Township Engineer and any other Township professional that the Board of Supervisors deems necessary.

[d] No roof-mounted array shall exceed 35 feet in height.

[3] Any roof-mounted solar panels other than those described in Subsection I(21)(b)[2] above shall only be permitted as a conditional use, in accordance with the following conditions:

[a] Such other roof-mounted solar panels shall be located on a rear-or side-facing roof, as viewed from any adjacent street.

[b] Such other roof-mounted solar panels shall not exceed a height of three feet from the rooftop at any point. Solar panels installed on a building or structure with a sloped roof shall not project vertically above the peak of the roof to which it is attached, or project vertically more than three feet above a flat roof installation.

[c] Applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed use of roof-mounted solar panels is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board of Supervisors and may be reviewed by any other Township professional that the Board of Supervisors deems necessary.

[d] No roof-mounted array shall exceed 35 feet in height.

(c) In no event shall the placement of any solar panels result in a total height exceeding 35 feet.

(d) Design and installation. All Solar Energy Systems shall comply with the following design, installation and general standards:

[1] The Solar Energy System shall comply with the Pennsylvania Uniform Construction Code Act (Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et seq.

[2] The design of the Solar Energy System shall conform to applicable industry standards as determined by the Township.

[3] On existing construction, a Solar Energy System may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.

[4] Easements. On plans for new subdivision or land development that propose to provide for Solar Energy Systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded deed of easement, concerning the placement of structures and vegetation as they relate to the Solar Energy Systems. The terms of the easement shall be as approved by the Township Solicitor.

[5] All Solar Energy System contractors applying for permits must submit proof of appropriate insurance in a manner, form and amount acceptable to the Township.

[6] Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.

[7] The design of Solar Energy Systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

[8] The installation of Solar Energy Systems is subject to all electric service requirements for interconnection.

[9] This section's height provisions shall supersede all height provisions of other sections with respect to Solar Energy Systems. The highest point of solar panels on rooftops shall not exceed 35 feet. The highest point of solar panels on ground arrays shall not exceed 20 feet.

(e) Abandonment and removal of Solar Energy Systems.

[1] Any solar panel (roof or ground) and/or Solar Energy System which has not been in active and continuous service for a period of one year or more shall be removed from the property to a place of safe and legal disposal.

[2] All structural enclosures accessory to the solar panels and/or Solar Energy System shall be completely removed from the property to a place of safe and legal disposal.

[3] The former Solar Energy System site shall be restored to as natural conditions as possible within six months of the removal from the property.