Township of Lower Makefield, PA Use Regulations

Agriculture. Farming activities, including tilling of the soil, raising of vegetables or food crops and raising of livestock, horses, or poultry are permitted in accordance with the following provisions:

Minimum lot area: five acres.

No storage of manure or odor or dust-producing substance be permitted within 150 feet of any property line.

No building in which farm animals are kept shall be closer than 150 feet to any adjoining lot line.

A single-family detached residence is permitted on a lot which is used for agriculture, provided that it meets the lot area and dimensional requirements for the single-family detached dwelling in the district in which the lot is located.

Automotive body repair or paint shop. Establishments doing paint spraying, body and fender work or custom body work for automobiles, trucks and other motor vehicles.

All work shall be performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days, unless screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height, planted in accordance with the buffer requirements for a Type V Buffer.

Cemetery. A burial place or graveyard, including a mausoleum or columbarium and excluding a crematorium, subject to the following conditions:

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

Minimum yards: 100 feet (front, sides and rear).

(4)

Crematorium. A facility for cremation.

Minimum net lot area: one acre.

Minimum lot width: 150 feet.

Minimum yards.

Front: 50 feet.

Sides: 30 feet.

Rear: 100 feet.

Commercial communications facility. A structure or structures intended to be used in connection with transmitting or receiving radio, television, microwave or telephone communication, including but not limited to towers, support structures and any other associated building or structure used in connection with cellular and personal wireless communications.

[Amended 12-15-1997 by Ord. No. 313]

Maximum height shall be 300 feet; provided, however, that no freestanding communication tower shall be permitted to be located less than 60% of the height of the tower or 150 feet, whichever is greater, from any occupied building or from the cartway of any public street, roadway or highway.

The minimum lot area for a commercial communications facility use shall be the area needed to accommodate any buildings, towers, guy wires, buffers, buffer plantings, fencing and any other structure associated with the facility.

Setbacks. No buildings, towers or other structures that are part of or constitute a commercial communications facility shall be permitted to be located within the minimum front, side or rear yard or special setback required within the underlying zoning district; provided, however, that such facilities shall be permitted to be located within the yard and setback areas abutting the right-of-way of Interstate 95 as long as buildings, towers and other structures associated with the use are set back a minimum of 10 feet from such right-of-way and the ground anchors for any guy wires are set back a minimum of five feet from such right-of-way, and the front yard may be 20 feet if the buildings, towers or other structures that are part of or constitute a commercial communication facility are located adjoining another commercial communication facility.

The facility must be reviewed and approved by the Federal Aviation Administration, if required for a particular facility, and any other regulatory authority with jurisdiction over same.

(6)

Commercial recreation. An indoor or outdoor recreational facility operated as a commercial venture with games, courts and fields, including theaters, arcades, camps or miniature golf courses.

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

No outdoor recreation area shall be located nearer to any lot line than 100 feet.

(7)

Community center. A community center is an educational, social or recreational center operated by an educational, philanthropic or religious institution, which is not conducted as a commercial enterprise and which is not a use which is customarily carried on as a business and which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability or who are part of a criminal justice program and excluding any use which is defined as commercial recreation.

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

Minimum yards: 100 feet (front, sides and rear).

(7.1)

Community treatment/rehabilitation facility. A structure meeting the definition in § 200-7 which complies with the following requirements:

[Added 10-17-2005 by Ord. No. 354]

	(a)	Occupation of a community treatment/rehabilitation facility shall be subject to confirmation by the Code Enforcement Officer that sanitary sewer facilities, whether on-lot or municipal, and a potable water supply are sufficient to address the needs of all the residents of the community residential treatment/rehabilitation facility.
	(b)	All community treatment/rehabilitation facilities and all entities operating a community treatment/rehabilitation facility shall comply with any and all applicable local, state and federal ordinances, statutes, rules and/or regulations. Proof of compliance with such ordinances, statutes, rules and regulations shall be furnished to the Township prior to the issuance of a zoning permit.
	(c)	The housing of an individual whose residency or tenancy in a community treatment/rehabilitation facility would constitute a direct threat to the health or safety of other individuals or whose residency or tenancy would result in a substantial physical damage to the property of others is prohibited.

(8)

Convenience store. A retail store offering primarily groceries, prepared food items and other small consumer items intended for quick carry-out trade.

The use must have direct access to a collector or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

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

Trash receptacles shall be provided outside for patron use.

(9)

Dwellings. Dwellings as defined in § 200-7 are permitted subject to the requirements of the zoning districts in which they are located. The minimum habitable floor area of any single-family dwelling shall be not less than 700 square feet.

(10)

Day-care center, group day-care facility, nursery school and kindergarten.

Day-care center. Any premises in which child day care is provided simultaneously for 12 or more children.

Day-care facility or group. Any premises in which child care is provided simultaneously for seven to 11 children.

Day-care center, group day-care facility, nursery school, kindergarten or other agency giving day-care to children, subject to the following additional conditions:

An outdoor play area shall be provided within the lot on which the facility is located with a minimum area of 3,500 square feet with an additional 300 square feet to be provided for each additional child in excess of 11 children. The outdoor play area shall be located in the rear or side yard of the lot, shall be enclosed by a fence of at least four feet in height and shall be adequately screened so as to protect the neighborhood from inappropriate noise or other disturbances.

The owner and/or operator of such facility must obtain a registration certificate or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration and/or license shall result in revocation of the use permit and/or zoning permit for the facility and it shall be the affirmative obligation of the owner and operator of the facility to provide annually, proof to the Township that the registration certificate and/or license is valid for each year. The proof shall accompany a form prepared by the Township suitable for the purpose of this subsection and shall be accompanied by the payment of a fee as determined, from time to time, by resolution of the Board of Supervisors.

The use shall be conducted in a building providing for the safety and well-being of the occupants.

The facility shall be served by public water and public sewer.

(11)

Emergency service. Fire, ambulance and police services of a municipal or volunteer nature, subject to the following requirements:

Minimum net lot area: two acres.

Minimum lot width: 200 feet.

Minimum yard requirements.

Front: 75 feet.

Sides: 30 feet.

Rear: 75 feet.

Farmland preservation development.

Minimum tract size: 25 acres.

All farmland preservation developments shall be served by public sewer and water.

Farmland shall be defined as those areas of agricultural soils classified as prime farmland and additional farmland of statewide importance by the Important Farmland Survey, Soil Conservation Service, as revised November 1983. Farmland shall also be defined as those areas of agricultural soils classified as farmland of local importance under the aforesaid survey provided such lands meet the following qualifications:

Said lands have a history of continuous cultivation.

That such lands would be accepted only to augment or to balance adjacent areas of prime farmland or farmland of state wide importance where such might be required to provide more acceptable or farmable lands.

That the acceptance of any such lands should be based upon the dictates of the overall plan for the site including the relationship between residential development and farmland.

Said lands do not include floodplains, floodplain soils abutting the Delaware River floodplain, ponds and pond shorelines, wetlands, steep slopes or woodlands as defined in § 200-51 of this chapter.

All farmland to be set aside in connection with the farmland preservation development shall be determined by the Lower Makefield Township Board of Supervisors to be feasible for farmland preservation.

All farmland to be set aside in connection with the farmland preservation development shall consist of at least 10 contiguous acres of farmland.

All farmland to be set aside in connection with the farmland preservation development shall be of a farmable shape so as to be suitable for the convenient use of modern farm equipment and machinery and shall not be less than 300 feet in width or dimension at any point.

All farmland to be set aside in connection with the farmland preservation development shall have no more than 3% impervious surface coverage.

All farmland to be set aside in connection with the farmland preservation development shall be provided with suitable access, including frontage of not less than 500 linear feet on an arterial or collector road. Farmland should be visible from an arterial or collector road.

All farmland to be set aside in connection with the Farmland Preservation Development shall be offered for dedication by the developer and agreed to be accepted for dedication by Lower Makefield Township Farmland Preservation, Inc.

All farmland to be set aside in connection with the farmland preservation development shall be considered to be resource-protected land.

In connection with the dedication of farmland by the developer and acceptance of same by the Lower Makefield Township Farmland Preservation, Inc., as referred to in Subsection A(12)(i) above, the developer shall pay to Lower Makefield Township Farmland Preservation, Inc., the sum of $350 for each lot contained within the farmland preservation development, which sum shall be used by the Farmland Preservation Corporation for the purposes of preserving farmland in Lower Makefield Township or for other purposes permitted by the Farmland Preservation Corporation bylaws.

A buffer shall be provided in accordance with the requirements of Article XVI, Buffers.

(13)

Financial service. Financial establishments such as banks, savings and loan associations and credit unions. For each drive-in teller window a stacking lane to accommodate six cars shall be provided.

(14)

Funeral home. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, including auditorium and temporary storage facilities, but not including crematoria or cemeteries, columbariums, mausoleums or any other permanent storage facility.

Minimum net lot area: two acres.

Minimum lot width: 200 feet.

All funeral homes shall be served by public sewer systems.

(14.1)	Forestry/timber harvesting. [Added 12-3-2001 by Ord. No. 329]
	(a)	Definitions. The following terms shall have the meanings given them in this subsection.
		FELLING — The act of cutting a standing tree so that it falls to the ground.
		FORESTRY — The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
		LANDING — A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
		LITTER — Discarded items not normally occurring on the site, such as tires, oil cans, equipment parts and other rubbish.
		LOP — To cut tops and slash into smaller pieces to allow the material to settle close to the ground.
		OPERATOR — An individual, partnership, company, firm, association or corporation engaged in timber harvesting including the agents, subcontractors and employees thereof
		LANDOWNER — An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
		PRECOMMERCIAL TIMBER STAND IMPROVEMENT — A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
		SKIDDING — Dragging trees on the ground from the stump to the landing by any means.
		SLASH — Woody debris left in the woods after logging, including lops, tops, chucks, bark branches, uprooted stumps and broken or uprooted trees or shrubs.
		STAND — Any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
		STREAM — Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
		TIMBER HARVESTING, TREE HARVESTING, or LOGGING — The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
		TOP — The upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
	(b)	Scope; applicability. A zoning permit shall be required for all forestry/timber harvesting activities, except as otherwise set forth in Subsection A(14.1)(h) below. An applicant for a zoning permit for forestry/timber harvesting activities shall include, as part of the permit application, a written logging plan in the form specified in Subsection A(14.1)(c) below. The zoning permit, application and logging plan shall be reviewed by the Township Zoning Officer and Engineer, if required, to determine compliance with the provisions of this chapter. No permit for forestry/timber harvesting activities shall be issued until the Zoning Officer has determined that the logging plan complies with all of the applicable provisions of this chapter. The provisions of the logging plan shall be followed throughout the logging/forestry operation. The logging plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Enforcement Officer upon request.
	(c)	Requirements for forestry/logging plan.
		[1]	Minimum requirements. As a minimum, the logging plan shall include the following:
			[a]	Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails, and landings.
			[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]	A written and graphic reforestation or forest maintenance program prepared by either a professional forester or arborist providing a program for the reestablishment of the forest or wooded area on a sustained yield basis. If clear cutting of timber resources are proposed, such operation shall be limited to no greater than 30% of the forested wooded area per year. All clear cutting operations shall be coordinated with a reforestation plan prepared in accordance with accepted silvicultural practices. The reforestation plan shall provide acceptable methods for protection against the deer population.
			[e]	The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
			[f]	Copies of all required permits shall be submitted as an appendix to the plan.
			[g]	Proof of current general liability and/or worker's compensation insurance.
			[h]	Proof of PennDOT highway occupancy permit or Township driveway permit for temporary access, as applicable.
			[i]	Copy of Bucks County Conservation District letter of adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required.
		[2]	Map. Each forestry/logging 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 that 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 all crossings of waters of the commonwealth; and
			[e]	The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
		[3]	Compliance with state law. The forestry/logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:
			[a]	Erosion and sedimentation control regulations contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1, et seq.);
			[b]	Stream crossing and wetlands protection regulations contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1, et seq.); and
			[c]	Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1, et seq.)
		[4]	Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the Best Management Practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
		[5]	Compliance with Township ordinances. The forestry/logging plan shall comply with all applicable Township ordinances, including but not limited to the provisions of Article XIII of the Township Subdivision and Land Development Ordinance[1] regarding stormwater management, erosion and sediment control and grading. In cases of conflict, the stricter set of standards shall apply.
	(d)	Forest practices. The following requirements shall apply to all forestry/timber harvesting operations in the Township:
		[1]	Felling or skidding on or across any public thoroughfare is prohibited without the expressed written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
		[2]	No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to an adjoining property.
		[3]	All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
		[4]	No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
		[5]	Litter resulting from a timber harvesting operation shall be removed from the site by the operator before it is vacated.
		[6]	Any soils, stones and/or debris carried onto public roadways must be removed immediately.
		[7]	No forestry/logging use shall be permitted within areas with slopes of 8% or greater.
		[8]	When the harvest is completed, both dirt roads used by the trucks and the skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover.
		[9]	A no-logging buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to the site from the street.
		[10]	A no-logging buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the logging operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to the site from a street.
		[11]	A no-logging riparian buffer zone with a width of 75 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high-water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a no-logging riparian buffer zone.
	(e)	Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Township Enforcement Officer at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall commence until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
	(f)	Financial security. Financial security shall be established in a manner acceptable to the Township to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and compliance with the requirement for reforestation and restoration of the site upon completion of logging operations. Pursuant to Chapter 189 of Title 67 of the Pennsylvania Code, the Township may also require the landowner or operator to furnish a bond to guarantee the repair of such roads.
	(g)	Responsibility for compliance. The landowner and operator shall be jointly and severally responsible for complying with the terms of the logging plan.
	(h)	Exceptions to requirement for zoning permit. An individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:
		[1]	Removal of diseased or dead trees.
		[2]	Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
		[3]	Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more inches in diameter, measured four feet above grade, and not covered by the exemptions in the foregoing two subsections.
	(i)	Enforcement.
		[1]	Inspections. Any official or employee of the Township may go upon the site of any timber harvesting operation before, during or after active logging to: review the logging plan or any other required documents for compliance with this chapter; and inspect the operation for compliance with the logging plan and other on-site requirements of this chapter.
		[2]	Violation notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this chapter, the Township shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing an environmental risk. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township, 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 an official or employee of the Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[2]
		[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(14.1)(i)[2] shall be subject to a fine of not less than $500, nor more than $1,000, plus costs and attorney fees, in accordance with the Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this subsection shall constitute a separate offense.

Editor's Note: See Ch. 178, Subdivision and Land Development

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

(15)

General business, professional or government office. A room or group of rooms used for conducting the affairs of a business, profession, service or government but excluding medical or veterinary offices.

(16)

Golf course. Golf course, not including miniature golf, but which may include a clubhouse, restaurant and other accessory uses provided that these are clearly accessory to the golf course, subject to the following additional provisions:

Minimum net lot area shall be: 60 acres.

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

(17)

Health or fitness club. An indoor facility providing facilities such as gyms, exercise equipment and rooms for exercise, fitness or dance classes.

Minimum net lot area if a principal use on a separate lot: 1/2 acre.

A health or fitness club be incorporated as part of a land development in the C-3 and O-R Districts where it is incidental and subordinate to a permitted office or industrial development.

(18)

Hospital. An institution licensed by the Commonwealth of Pennsylvania providing primary health services and medical or surgical care to persons suffering from illness, disease, injury or other abnormal physical or mental conditions and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, rehabilitation facilities or training facilities.

Minimum net lot area: 10 acres.

Minimum lot width: 400 feet.

Minimum yard requirements.

Front: 100 feet.

Sides: 100 feet.

Rear: 100 feet.

Access to the hospital shall be from a collector or arterial highway.

(19)

Hotel/motel/inn.

[Amended 2-16-1998 by Ord. No. 314; 10-3-2007 by Ord. No. 372]

Hotel. A facility offering furnished, transient lodging accommodations to the general public and providing additional services, such as meeting rooms, banquet facilities and restaurants, with pedestrian access for all of the rooms having to pass through a main lobby. A "hotel" does not include a motel or convention center. Any restaurant use proposed to be included within the hotel facility must also comply with all use regulations for that use in accordance with the provisions of this chapter.

Within the C-2 District, the following regulations shall apply:

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

A hotel must be located on an arterial road.

Within the O/R Research District, a hotel shall be permitted as a conditional use only and shall be subject to all general conditions for conditional uses and to the following additional conditions:

The hotel use shall be permitted only as an integral part of a planned office complex. For the purposes of this use, an "office complex" shall be defined as a planned office park containing offices and other permitted uses, without subdivision into individual lots and with a common design, architectural style, coordinated road and access system and coordinated landscaping.

The hotel shall constitute no more than 30% of the total square footage of the office complex located on the same lot.

In order to be eligible for the hotel use, the site must have frontage on two separate arterial roads and on Interstate I-95.

[d]

The site proposed to contain the hotel use shall have a minimum net lot area of 20 acres.

[e]

The architectural design of the hotel shall be subject to the review by the Township to ensure that:

[i]

The design is compatible with the character of Lower Makefield Township's historic and residential development patterns.

[ii]

The design of the building is the same general style, in terms of scale, materials, architectural type and colors, as the office buildings which constitute the rest of the office complex; no prototypical franchise-style exterior hotel design shall be permitted, except to the extent that this style meets the other criteria for compatibility and suitability on the site.

[iii]

The requirements regarding architectural design are guaranteed by means of restrictive covenants.

[f]

No more than 140 guest rooms shall be permitted.

[g]

The hotel may contain rooms for meeting space but shall not be designed as a convention center. No more than 10% of the gross floor area of the hotel may be used for meeting rooms.

[h]

No individual freestanding sign shall be permitted for the hotel, and signs on the hotel shall be of the same scale, design and color as the office complex signs, except for directional signs not exceeding six square feet.

[i]

In addition to the building signs permitted by this chapter, a hotel use shall be permitted to have one sign located on a canopy at the front entrance to the hotel, which said sign shall not exceed 80 square feet. The canopy sign shall be placed on a canopy which overhangs the front entrance and shall include only the name of the hotel.

[j]

A motel use shall not be permitted in the O/R Office Research District.

Motel.

A building or group of two or more detached or semidetached buildings containing rooms having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and transient guests.

Within the C-2 District, the following regulations shall apply:

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

A motel must be located on an arterial road.

Inn. A business that may provide a minimum of four rooms for overnight guests, provided that the rooms cannot be used for extended stays that are greater than 12 weeks’ duration. An inn may also include a restaurant.

(20)

Kennels. The keeping of more than three dogs that are more than six months old for breeding, training, sale or boarding for a fee or as pets, provided that the following conditions are met:

Minimum net lot area shall be: five acres.

No animal shelter or runway shall be located closer than 150 feet from a property boundary.

The total number of dogs on the property shall not exceed five dogs per acre, excluding dogs under six months old.

(21)

Library or museum. Library or museum, open to the public or connected with a permitted educational use and not operated as a private gainful business.

Minimum net lot area: two acres.

Minimum lot width: 200 feet.

Maximum impervious surface. In accordance with the impervious surface requirements chart for the district within which the use is located.

Minimum yards.

Front: 50 feet.

Side: 50 feet.

Rear: 50 feet.

A buffer shall be provided in accordance with the requirements of Article XVI of this chapter when the use is located in a residential district.

(22)

Light manufacturing. The production, processing, assembly, cleaning and distribution of materials, foodstuffs and other products. Processing on farms is not considered manufacturing where the raw material is produced on the farm.

(23)

Medical office. Office or clinic for medical, psychological, or dental examination or treatment of persons in the areas of physical or mental health as outpatients, including laboratories incidental thereto.

(24)

Mobile home park. A mobile home park as defined in § 200-7 shall be permitted subject to the following regulations and all other applicable requirements of this chapter:

Lot and area requirements.

Minimum net lot area for park: 15 acres.

Minimum lot width: 300 feet.

Minimum open space requirement: tract area 20% of minimum mobile home lot area, 6,500 square feet for double wide units.

[Amended 8-2-2023 by Ord. No. 440]

Minimum mobile home lot area for single wide units: 5,500 square feet.

Minimum mobile home lot width for double wide units: 60 feet.

Minimum mobile home lot width for single wide units: 50 feet.

Maximum impervious surface ratio for tract: 45%.

Tract perimeter setback: 50 feet.

Setback requirements for individual lots:

Front setback for mobile home on a lot: 30 feet.

Rear setback for mobile home on a lot: 20 feet.

Side setback: 12 feet on one side; total 28 feet.

Minimum spacing between any two units: 25 feet.

Application to municipality. All plans for mobile home parks shall be made in accordance with the application requirements of Chapter 178, Subdivision and Land Development.

Water supply. Where a public water supply system of satisfactory quantity, quality and pressure is available the mobile home park shall be serviced by the public water system. Where a satisfactory public water system is not available the development of a private water supply shall be in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection and the Bucks County Board of Health or such other authority having jurisdiction.

All sanitary sewage from the mobile home park shall be delivered to a public sanitary sewer system and no on-site disposal shall be permitted. Construction of the internal sewer lines shall conform to the minimum standard of the Township as prescribed for conventional residential development.

Refuse handling. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution and shall comply with the Pennsylvania Department of Environmental Protection and Bucks County Board of Health regulations governing mobile home parks. The park owner shall be responsible for the efficient and prompt collection of trash and garbage. Junked or abandoned motor vehicles and other similar objects shall not be permitted to remain on the park premises. It shall be the park owner's duty to effect prompt removal.

Fire protection. The mobile home park shall be subject to any and all rules and regulations relative to fire prevention in force in the Township of Lower Makefield. Fire hydrants shall be installed within the park in accordance with the recommendation of the Board of Supervisors.

Skirting. All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials, commonly called "skirting."

A mobile home park may include mobile homes of single-width or multiple-width, or both, but shall not include recreational vehicles.

Any mobile home park shall provide a minimum of 32 square feet (250 cubic feet) of secure storage area for each mobile home.

One double-width mobile home unit may be used as a management and rental office within the park. No other commercial activities are permitted within a park.

Buffering shall be provided in accordance with Article XVI of this chapter.

The development must have at least one direct access point from an existing arterial or collector road. In the event that only the direct access point is provided, the development must provide a secondary emergency access.

All streets, parking areas and areas of high pedestrian use shall be adequately lighted to the satisfaction of the Township. All such lighting shall be arranged so as to direct away from adjoining residences.

Park management.

The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

The park management shall supervise the placement of each mobile home on its mobile home lot which includes securing its stability and installing all utility connections.

The park management shall give Township officials free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.

The management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park. The management shall notify the appropriate officer, in accordance with state and local taxation laws, of the arrival and departure of each mobile home.

(o)

Certificate of occupancy. No mobile home shall be occupied or installed in any mobile home park until the owner of the park has secured from the Lower Makefield Township Zoning Officer a certificate of occupancy. No mobile home shall be moved from one lot to another within a mobile home park until a certificate of occupancy has been issued by the Township Zoning Officer. The owner shall be required to pay such fees as are established by the Township for the issuance of such permits. The purpose of this section is to ensure that such mobile home is properly sited, that all utility connections have been made as required by all ordinances of the Township, that registration is made for tax purposes and that each such mobile home has been labeled by a state agency authorized pursuant to the Uniform Standards Code for mobile homes.

(p)

Moving permit. No mobile home shall be removed from the Township nor shall any registered occupants of any mobile home within any mobile home park change their place of residence without first obtaining a moving permit from the Township as required by Chapter 135, Moving Permits. Such permit shall be issued upon proof of satisfaction of payment of any outstanding personal taxes or any real estate taxes or other obligations owed the Township in connection with such mobile home.

(25)

Nursery/horticulture/greenhouse. Nursery uses, including the growing of trees, ornamentals, shrubs, flowers and plants with or without retail sales or greenhouses are permitted in accordance with the following provisions:

Minimum net lot area: five acres.

Minimum setbacks from all lot lines: 100 feet.

Maximum impervious surface. In accordance with the impervious surface requirements chart for the district within which the use is located.

No greenhouse heating plant shall be operated within 100 feet of any adjoining lot line.

This use does not include a retail garden center where the principal use is the retail sale of plants, shrubs, garden equipment and supplies. A retail garden center is regulated by the requirements of Subsection A (36), Retail store, large.

(26)

Nursing home.

A skilled or intermediate care facility licensed by the Commonwealth of Pennsylvania to provide full-time convalescent, chronic or rehabilitative care to four or more individuals who, by reason of advanced age, chronic illness, infirmity or disability, are unable to care for themselves.

[Amended 10-17-2005 by Ord. No. 354]

A personal care home, as licensed by the Pennsylvania Department of Welfare, in which food, shelter, and personal assistance or supervision is provided for a period exceeding 24 consecutive hours for four or more adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility.

[Amended 10-17-2005 by Ord. No. 354]

Area and yard requirements.

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

Minimum yards when located in residential district (Yards shall be in accordance with district requirements if located in a nonresidential district):

Front: 100 feet.

Side: 50 feet.

Rear: 100 feet.

Maximum impervious surface ratio. In accordance with the impervious surface requirements chart for the district within which the use is located.

(26.1)	Open space cluster development. In order to encourage low-impact development (LID) within the Township, open space cluster development is permitted as provided in the applicable sections relating to the R-RP, R-1, R-2 and R-3 Districts. The application of LID strategies to reduce total and effective impervious surfaces, retain natural features and vegetation, and reduce the development footprint may result in the significant reduction of traditional roadway, stormwater collection, storage and treatment system requirements. This will result in lower upfront infrastructure costs for the developer and reduce the long-term maintenance and replacement costs of these facilities. [Added 12-20-2006 by Ord. No. 364]
	(a)	Minimum gross site area shall be 10 acres.
	(b)	Table of performance standards: Lot area and density for open space cluster development are specified in the applicable sections for each of the R-RP, R-1, R-2 and R-3 Districts.

(27)

Places of worship.

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

Maximum impervious surface ratio. In accordance with the impervious surface requirements chart for the district within which the use is located.

Access shall be to a collector or arterial street.

Minimum yard requirements:

Front: 100 feet.

Sides: 50 feet.

Rear: 100 feet.

Public or private schools. Religious, sectarian and nonsectarian, denominational private or public school or college which is not conducted as a private gainful business providing basic education to students in grades K through 12, not including a trade or commercial school.

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

Maximum impervious surface ratio. In accordance with the impervious surface requirements chart for the district within which the use is located.

Minimum yards.

Front: 100 feet.

Sides: 50 feet.

Rear: 100 feet.

Public recreational facility. Recreational facility, playground or park, owned or operated by the Township or other governmental agency, subject to the following provisions:

The yard setbacks for a single-family detached dwelling shall apply to public recreational facilities using the dwelling requirements for the zoning district in which the facility is located.

(30)

Utility. A private or municipal corporation providing services customarily rendered by public utility corporations, municipalities or municipal authorities, whether or not qualified as a public utility under Pennsylvania law, such services to include but not be limited to electricity, gas, telephone, water, sewerage, cable television, bulk pipe lines and railroads. Utility corporation use shall include but not be limited to transformer station, pumping station, electrical substation, switching center, sewage treatment plant, water tower, relay station, transmission tower, pedestal and any similar or related utility installation, not including public incinerators, commercial communication facilities or public or private landfills. Utility corporation use shall include appurtenances used in connection with the supplying of such services, including but not limited to buildings, pedestals, cables, wires, pipes, poles and the like. Utility use is permitted provided that all of the following are complied with were applicable:

[Amended 8-7-1995 by Ord. No. 297; 12-15-1997 by Ord. No. 313]

Such installation shall be essential to service the residents of Lower Makefield Township.

No public business office or any storage yard or storage building shall be operated in connection with the use.

Such installation shall comply with all other provisions of this chapter. All permits required by any regulatory agency having jurisdiction, by this chapter and by any other applicable Township ordinance, including but not limited to building and zoning permits shall be obtained in connection with the installation of any structures associated with the use.

No structure installed or associated with the use shall be permitted to be located above grade level within the right-of-way of any Lower Makefield Township or PennDOT street or roadway.

Where the installation involves a building or structure in excess of 10 feet in height or covering more than 10 square feet in area it shall have a Type II buffer yard, provided along all property lines abutting residential areas, which shall include adequate means for visual screening, in accordance with Article XVI.

Where the installation involves a building or structure in excess of 10 feet in height or covering more than 10 square feet in area above grade, it shall have a minimum net lot area necessary to accommodate the building, required buffer, required parking and a minimum distance between all structures, including parking areas and the property lines of 50 feet.

(31)

Quarry. Extraction operations for sand, clay, shale, gravel or stone, but excluding asphalt or ready-mix concrete plants.

Minimum net lot area: 15 acres.

Minimum lot width: 300 feet.

Minimum yards: 200 feet (front, sides and rear).

There shall be a berm of minimum height of 15 feet and maximum height of 50 feet surrounding the entire property site. Berms shall be planted and erosion control measures shall be taken as required by the United States Soil Conservation Service. Berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berms shall be constructed closer than 50 feet to a district in which extraction operations are not permitted. Planting of the berms and yard areas shall be sufficient to screen the quarry extraction operations.

A chain link type fence at least eight feet in height shall be required within the required yard area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair.

An adequate internal circulation pattern of driveways shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas.

All operations shall be conducted with sufficient lateral support to be safe with respect to: hazard to persons, physical damage to adjacent lands or improvements or damage to any street, sidewalk, parking area or utility by reason of slide, sinking, or collapse.

Stock piles shall not exceed 35 feet in height from the surrounding grade level and shall not be located within the required yards.

No ground vibration caused by blasting or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 through 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than 0.10 inch per second, measured at the property line of the quarry site.

[Amended 10-21-1996 by Ord. No. 305]

All applications shall be accompanied by an Environmental Impact Assessment Report, prepared in accordance with the requirements of Appendix A which is incorporated in this chapter.[3]

Editor's Note: Appendix A is included at the end of this chapter.

All applications shall be accompanied by a reclamation plan.

Hours of operation. No quarrying operation or activity which involves the use of blasting, crushing, material handling equipment and vehicles other than those customarily employed in office functions shall be carried on before the hour of 6:30 a.m. or after the hour of 7:00 p.m. (either Eastern standard time or daylight saving time). There shall be no quarrying operation of any type on Sunday.

Blasting. No blasting or use of explosives shall be permitted upon said quarry except in accordance with the laws of the Commonwealth of Pennsylvania and in accordance with the regulations that may be promulgated by the Secretary of Labor and Industry of the Commonwealth of Pennsylvania and, prior to the firing of a blast or the setting off of explosives in any quarry in Lower Makefield Township, said owner/operator shall advise, at least 24 hours prior to the time of said detonation, one adult occupant of each dwelling located on a property adjoining the property line of said quarry as to the date and time that said blast will be detonated.

Conformity to federal, state and local laws. All permitted quarrying and related uses and operations shall conform to any applicable federal, state and local statutes, ordinances, regulations and standards relative to water or air pollution, particle emission, noise, waste disposal, vibration, land rehabilitation and reclamation and performance bond requirements. The applicable laws shall include but not be limited to the Clean Streams Act and the Surface Mining Conservation and Reclamation Act, as amended.[4]

Editor's Note: See 35 P.S. § 690.1 et seq. and 52 P.S. § 1396.1 et seq., respectively.

(32)

Research and development. An establishment for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of research.

(33)

Restaurant. Any place for the sale and consumption of food and beverages without drive-through window service which is prohibited.

(34)

Restaurant with drive-through service. Eating establishments with drive-through window service in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises.

The use must have direct access to a collector or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

Trash receptacles shall be provided outside the restaurant for patron use.

(35)

Retail or personal service store.

Retail stores are establishments engaged in selling or renting goods or merchandise to the general public for personal or household consumption or use including grocery supermarkets and rendering services incidental to the sale or repair of such goods.

Personal service stores are establishments primarily engaged in providing services involving the care of a person or his or her apparel, including personal service shops dealing directly with customers, beauty parlor, barber shop, clothes cleaning or pressing shop (not to include dry cleaning and dyeing plant), shoe repair shop, dressmaking, millinery and automatic self-service laundry. This use does not include a restaurant or large retail store whose market is of a regional nature or other type of establishment which is specifically designated in this chapter as a separate use. Retail stores of 10,000 square feet or more are subject to the requirements of Subsection A(36), Retail store, large.

(36)

Retail store, large. Any retail facility with more than 10,000 square feet of floor area, except for supermarkets; or any variety store, department store, home improvement center, garden center or discount store regardless of size.

[Amended 8-31-2020 by Ord. No. 423]

Minimum net lot area: five acres.

Minimum lot width: 300 feet.

A large retail store shall be located on an arterial or collector road.

(37)

Riding stables. An establishment where horses are boarded and cared for, including buildings associated therewith or where instruction in riding, jumping and showing may be offered.

Minimum net lot area: 10 acres.

Minimum lot width: 300 feet.

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

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

(38)

Salvage facility. A facility for the dismantling for sale or disposal at another location of used or discarded machinery, vehicles, appliances or parts thereof.

Minimum net lot area: four acres.

The facility must be operated in accordance with the Commonwealth of Pennsylvania regulations for salvage yards and must have a junkyard permit.

The facility shall be totally enclosed by a solid fence or wall at least eight feet in height with access only through solid gates. The fence or wall shall be placed on the building setback lines and not within required yard areas. No materials shall be stored or deposited to a height greater than the fence height. No storage outside of the fenced area is permitted. A Type V buffer is required.

Dumping of trash, landfill operations and burning of any materials is prohibited.

Paving and sealing of storage areas to protect against groundwater contamination is required.

(39)

Service station. Automobile service station where gasoline, oil, grease, batteries, automobile accessories and small convenience food and beverage items are sold at retail and/or where routine automobile service is provided which may include facilities for lubricating, washing, repairing or otherwise servicing motor vehicles but which shall not include painting, body and fender repairs or vehicular sales.

Minimum lot width on each street line: 150 feet.

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

No building, structure, fuel pump or aboveground fuel storage tank shall be less than 100 feet from any residential district.

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

All automobile parts and similar articles shall be stored within a building.

Paint spraying or body and fender work shall not be permitted.

Lubrication, oil changes, tire changes and minor repairs permitted if entirely within a building.

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

There shall be no sale or rental of cars, trailers and other vehicles.

Junk and unlicensed vehicles may not be stored in the open at any time.

Buffer yards and screening shall be provided and maintained in accordance with Article XVI.

All applicable regulations of county, state, federal or other agencies with jurisdiction controlling self-service gasoline pumps shall be adhered to.

All applicable regulations of county, state, federal or other agencies with jurisdiction controlling of underground storage tanks shall be adhered to.

Access regulations.

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. If the buffer requirements of Article XVI require a distance of more than 10 feet from the property line, the requirement of the buffer yard shall be met.

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.

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.

(40)

Shopping center. A shopping center consists of one or more groups of establishments, primarily retail, service, and office uses, in buildings integrated and harmoniously designed, together with adequate and properly arranged traffic and parking facilities and landscaping which will be an attractive and efficient shopping center, convenient, pleasant and safe to use and which will fit harmoniously into, and will have no adverse effects upon, the adjoining or surrounding development. Only those uses permitted within the district in which the shopping center is proposed to be located or is located shall be permitted within a shopping center.

Minimum net lot area: 10 acres.

Minimum lot width: 400 feet.

Maximum impervious surface coverage: 65%.

Buildings shall be grouped in relation to parking areas so that establishments can be visited with a minimum of internal automobile movement and through traffic.

No structure shall be within 25 feet of the right-of-way of roads.

The shopping center must have more than one access point from one or more existing collector or arterial roads.

All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service court serving a number of establishments.

All such service areas must be segregated from public areas and appropriately screened from public view using a Type V buffer.

The Township shall determine on a case-by-case basis the number of loading berths that will be sufficient for the operation anticipated. Each berth shall be no less than 14 feet in width and 60 feet in length.

All streets, off-street parking lots and areas of pedestrian use shall be adequately lighted.

Cooling towers, air conditioning and cleaning equipment and structures and other permitted aboveground accessory installations shall be screened from view of any adjacent property by a Type V buffer which shall be properly maintained.

The development shall be served by central water supply and public sewage disposal systems. All utility lines shall be underground.

The subdivision of the shopping center tract into individual lots is not permitted.

(41)

Solid waste facility.

LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL

Solid waste facility shall mean one or more of the following:

COMPOSTING PLANT

A facility at which composting is done. Composting shall mean the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. Compostable material shall mean organic waste which is capable of undergoing composting. Composting activities associated with normal farming operations shall not be included in this definition of composting plant.

A Pennsylvania Department of Environmental Protection-approved facility for disposing of solid waste on land without creating nuisances or hazards to the public health or safety.

RECYCLING CENTER

A facility established to receive, process, store, handle and ship recyclable materials.

RESOURCE RECOVERY FACILITY

A plant, establishment, set of equipment or other operation which recovers useful materials and/or products, including heat, electricity and/or recyclable materials from otherwise waste materials. A resource recovery facility shall not include a landfill.

TRANSFER STATION

A facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal.

INCINERATOR

A facility used for the incineration of solid waste and the production of steam and electricity or other useful forms of energy.

Dimensional requirements shall be:

Minimum net lot area: 20 acres.

Maximum building coverage: 10%.

Minimum lot width: 450 feet.

Minimum front yard: 200 feet (400 feet if adjacent to residences or a residential district).

Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district).

Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district).

Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line which shall be planted around the perimeter of the site in accordance with the buffer standards of Article XVI (Type I buffer plantings required).

The facility shall be screened by fencing, walls, berming and other site improvement features to compliment the proposed landscaping buffer, and shall be surrounded by adequate fencing to prevent unauthorized entry.

The facility shall provide adequate exterior lighting for the safe and efficient operation and security of the facility but as minimal and subdued as possible using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood.

The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions and water effluents, as required under appropriate and relevant federal and state environmental laws.

The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this section.

The facility shall not include any building with a height in excess of 35 feet; provided however, that for every foot that any building might necessarily be constructed in excess of 35 feet (exclusive of any exhaust stacks) in order to operate properly and safely, five additional feet of front, side and rear yard setback shall be provided, but in no case shall the overall height exceed 50 feet.

The facility shall not include any exhaust or other stack with a height in excess of 100 feet, except as required under United States Environmental Protection Agency (EPA) or other federal or state regulations and shall provide safeguards and meet Federal Aviation Administration (FAA) regulations regarding limitations relative to airport safety and sound engineering practices.

The facility shall provide adequate storage, loading and unloading facilities and sufficient paved turning areas to permit unobstructed maneuvering room for trash, transfer and ash trucks and shall provide adequate automobile parking as required by this chapter.

The facility shall have a contract with a pest and rodent control company for the regular elimination and control of rat, flies, vermin and other rodents, insects and pests that might become vectors for carrying disease.

No use shall emit odorous gasses or other odorous matter in such quantities as to be humanly perceptible at or beyond any point at its lot lines.

All solid waste facilities 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.

Environmental impact assessment required. No conditional use permit requesting permission to use a property for the establishment of a solid waste facility shall be approved without the preparation and filing of an environmental impact assessment in accordance with the guidelines in Appendix A of this chapter.[5]

Editor's Note: Appendix A is included at the end of this chapter.

(42)

Trade or commercial school. Trade or commercial school providing instruction in a trade, in the arts or other activities; this does not include a public or private school or a day-care center.

(43)

Vehicle sales. The sale and lease of automobiles by a franchised new car, boat or motorcycle dealership, used car, boat or motorcycle sales or car, truck, trailer, motorcycle and/or boat rentals, farm machinery or travel campers.

All preparation, lubrication, repair or similar activities shall be accessory to the principal use and shall be conducted within a building.

All automobile parts and similar articles shall be stored within a building.

Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.

An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of automotive body repair and paint shop, and provided that it is located at the rear or side of the building containing the principal use.

Parking areas for customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.

(44)

Veterinary hospital. A place where animals are given medical or surgical treatment. Boarding shall be prohibited except that animals or pets undergoing medical or surgical treatment if kept must be housed inside. Use of the facility for boarding is prohibited unless the use regulations for kennel are also met.

(45)

Warehousing and distribution. Terminal facilities operated for a specific commercial establishment or group of establishments for the storage of goods and materials.

(46)

Wholesale trade. Establishments primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers and excluding retail trade to the public.

(47)

Retail and wholesale sale and storage of consumer fireworks. Consumer fireworks facilities, as defined in this chapter, exclusively engaged in the sale and storage of consumer fireworks.

[Added 5-16-2007 by Ord. No. 362]

Such use shall not be located within 250 feet of any premises selling alcoholic liquors, alcohol, malt or brewed beverages for consumption on or off the premises.

Such use shall not be located within 750 feet of any premises selling gasoline, oil, petrochemicals, propane, combustible fuels, combustible liquids, combustible gases, fertilizer or any other flammable products.

Such use shall not be located within 250 feet from any other consumer fireworks facility licensed to sell consumer fireworks.

Such use shall not be located within 500 feet of any local or state park.

Any building containing quantities of consumer fireworks for sale exceeding 50 pounds shall be no closer than 500 feet to any building, state highway, railway, local street or alley, or utility right-of-way including, but not limited to, natural gas line.

All land development plans for construction, use or renovation of an existing building for the purpose of selling consumer fireworks shall be reviewed by the Code Enforcement Officer for compliance with all required regulations and firesafety codes including, but not limited to, Title 35, Chapter 13A, of the Pennsylvania Statutes, the International Fire Code and the Pennsylvania Construction Code Act, and the comments and/or report of the Code Enforcement Officer for compliance shall be copied to the Township’s Emergency Management Coordinator and the official Township-designated fire company.

No temporary structures including, but not limited to, tents, canopies, or travel trailers, shall be erected or used for the sale and/or storage of consumer fireworks at any time.

Storage of consumer fireworks shall be permitted only as an accessory use to the sale of consumer fireworks on the premises.

No display fireworks shall be stored or located at a consumer fireworks facility.

No consumer fireworks or display fireworks shall be ignited within 300 feet of the consumer fireworks facility.

An operator of a consumer fireworks facility must provide a minimum one-million-dollar bond to pay for all damages which may be caused either to a person or persons, or to property, by reason of any acts of the operator, operator’s affiliates, operator’s agents, employees or subcontractors.

Prior to issuance of a permit by the Township to approve the commencement of operations, the operator must present to the Township proof that the operator holds a license from the Pennsylvania Department of Agriculture to sell consumer fireworks from the consumer fireworks facility.

§ 200-69 Accessory uses and accessory structures.

An accessory use or accessory structure is permitted only when there is a legally permitted principal use established on the property on which the accessory use is to be located.

Auctions. Auctions as defined in § 200-7 are permitted in any zoning district following issuance of a zoning permit.

Bed-and-breakfast. The use and occupancy of an existing single-family detached dwelling shall be permitted by special exception only for accommodating transient guests for rent subject to the following additional conditions and restrictions, all of which must be met.

This use shall be restricted to dwellings which are listed on the National Register of Historic Places or which are designated as historic structures by the Board of Supervisors, upon recommendation by the Township Historic Commission. Dwellings so designated must be maintained in accordance with the Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, published by the Heritage Conservation and Recreation Service, United States Department of the Interior.

No more than four persons may occupy one guest room.

Minimum floor area. Dwellings with a gross floor area of less than 3,500 square feet are not eligible for this use.

Bathrooms. At least one full bathroom shall be provided for each two guest rooms. At least one additional bathroom is required for the owner-occupants of the residence which shall not be used as a guest bathroom.

No structural additions shall be added to increase the floor area more than 25% of the gross floor area of the dwelling so as to be eligible for the bed-and-breakfast use.

The owners of the property shall be full-time residents of the property. The use shall be operated by members of the immediate family which must reside on the premises.

There shall be no kitchen or cooking facilities in any guest room.

Maximum number of guest rooms in any one bed-and-breakfast facility shall be six rooms.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment.

The serving of meals shall be restricted to the guests of the establishment and shall be limited to breakfast and afternoon tea.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in this chapter.

If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.

Parking areas shall be screened with a Type IV buffer in accordance with the buffer requirements in Article XVI.

(o)

The bed-and-breakfast may not be used for fee-based receptions or private parties.

(p)

Upon transfer of ownership the new owners shall reapply for the bed-and-breakfast use and obtain a new zoning permit.

Boarding. The keeping of not more than two boarders as an accessory use in a single-family detached house shall be permitted provided that the following regulations are met:

Minimum net lot area: 16,000 square feet.

No additional rooms may be constructed for this purpose.

The roomers, boarders or lodgers shall live within the principal residential building and not within an accessory building or structure.

No separate cooking facilities or dwelling may be created.

The owners of the property shall be full-time residents of the property.

(4)

Accessory farm business.

An accessory farm business is a revenue-generating venture that is conducted on the land in addition but as an accessory, related use to the primary business of farming the land, specifically:

ENTERTAINMENT

The use of the farm for educational tours, seasonal festivals related to products grown on the farm, craft fairs, hayrides and horse shows.

RETAIL SALES

The sale of farm and horticultural products and pick-your own products.

The following requirements apply to both entertainment and retail sales farm businesses:

The purpose of these regulations is to encourage the continuation of fanning and the preservation of farmland in Lower Makefield Township by allowing working farmers to market their products and services directly to the public as an accessory use and in a manner that is compatible with the residential character of the Township and with the Comprehensive Plan of the Township which designates certain areas of the Township for residential and office-research uses and limits commercial activities and uses to commercial districts.

This section does not prevent or regulate the sale of farm produce grown on properties within the Township's Agricultural Security District where such retail sale is permitted under Pennsylvania Act 43 which requires that a minimum of 50% of the products sold shall be grown on the farm on which the retail sale occurs.

A farm business shall be an accessory use which is subordinate and clearly incidental to the principal farming use. If the owner of the land fails to farm more than 50% of the total tillable acres of the property for two consecutive years, the owner shall not be permitted to operate any accessory farm business as defined herein but may continue the wholesale and retail sale of products raised on the land under Pennsylvania Act 43.

The owner of the property on which a farm business use is proposed must live on the property and must operate any farm business activity directly and may not subcontract to any person or entity to operate a business on the farm. In the case of joint partnership or corporate ownership, one of the parties who shall hold at least 51% interest in the ownership of the farm business must live on the property and operate the farm business.

All farm businesses shall meet the requirements for water supply, sewage disposal and rest room facilities of the Bucks County Health Department and any other agency with jurisdiction.

The accessory farm business is permitted as an accessory use only. If any of the conditions to which the use is subject cease to be met, then the accessory farm business use shall also cease.

In addition to complying with Subsections A(4)(b)[1] through [6] above, an accessory farm entertainment use is subject to the following additional requirements:

Minimum lot area required: 25 contiguous owned acres.

The entertainment uses permitted are limited to: educational tours, seasonal festivals related to products grown on the farm, craft fairs, hayrides and horse shows.

Every event permitted by this chapter shall also comply with the Township's Amusement Ordinance.

No activity or event or structure used for an activity or event shall be located within 150 feet of a right-of-way line or property line, except for parking areas which may be located within 50 feet of a right-of-way line or property line.

No entertainment event shall continue past 11:00 p.m.

No alcohol may be offered for sale or consumed at any public event.

The following types of activities shall not be considered farm entertainment uses:

Outdoor concerts or amplified sounds which exceed or would exceed the decibel (dBA) limits for residential districts as set forth in § 200-66 of this chapter.

Mechanical rides or amusements.

Flea markets except as may be permitted in accordance with this Code.[1]

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Farm entertainment uses are subject to the following regulations on frequency and duration:

Educational tours. An annual permit is necessary to operate education tours. This permit shall specify the number of days per year that educational tours will take place on the farm.

Halloween hayrides. A permit shall be required. Halloween hayrides may operate from the last Saturday in September through the first Sunday in November only.

Seasonal festivals. A permit shall be required for each seasonal festival. No more than nine seasonal festivals shall be permitted per farm per calendar year. A single festival shall not exceed four days in duration.

[d]

Craft fairs. A permit shall be required for each craft fair. No more than two craft fairs shall be permitted per farm per calendar year. The duration of a single craft fair shall not exceed four days.

[e]

Horse shows. A permit shall be required for each horse show. No more than one horse show shall be permitted per farm per calendar year. The duration of a single horse show shall not exceed four days.

Parking for farm entertainment uses. Off-street parking areas shall be provided in designated areas to accommodate all attendees at any special event, seasonal festival, craft fair, hayrides or other permitted event. Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 100 feet in length from the edge of paving, as well as a gravel tire-cleaning area 50 feet in length.

A traffic control plan must be submitted to and approved by the Township Police Department prior to receiving a permit for craft fairs, horse shows, seasonal festivals or hayrides.

[11]

Access to the farm to be used for an entertainment use must be from an arterial or collector road.

[12]

Lighting. No permanent outdoor lighting shall be installed or illuminated for special events, temporary lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties.

[13]

Signs. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than two weeks prior to the event and must be removed within five days of the conclusion of the event. No more than 32 square feet of sign area for the farm entertainment use shall be permitted at any time on any one property. The signs must have a sign permit and shall be subject to all applicable requirements of Article XIX, Signs. No off-premises signs are permitted.

In addition to complying with Subsections A(4)(b)[1] through [6] above, an accessory farm retail use is subject to the following and is subject to all conditional use requirements. This use is permitted by conditional use only.

Minimum lot size to be eligible for farm retail use: 25 contiguous owned acres.

The products sold shall be limited to food items and horticultural items.

Food products include farm products, baked goods and related specialty food items. There shall be no sale of tobacco products, newspapers or magazines or other nonedible convenience items.

Horticultural items shall be limited to plant materials, soil amendment products, mulch and hand tools. No insecticides, herbicides or power tools are permitted to be sold.

Buildings or structures used for retail sale of produce or horticultural items shall not exceed the following gross floor area:

	Type	Size
	Total net site area of farm to which farm retail is an accessory use (acres)	25	26 to 50	51 to 75	Over 76
	Maximum gross floor area of building or structure for retail use (square feet)	6,000	8,000	10,000	12,000

All buildings, structures and storage areas shall be located a minimum of 200 feet from a side or rear property line and a minimum of 150 feet from the front lot line.

Parking for accessory farm retail use: one off-street parking space is required for every 200 square feet of area devoted to retail sales of items. Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 100 feet in length from the edge of paving, as well as a gravel tire-cleaning area 50 feet in length. Parking areas need not be paved.

Lighting. Permanent outdoor lighting on the property shall be permitted only to illuminate the retail sales area during business hours, the farm residence and buildings used for farming purposes.

Signs. One on-premises sign shall be permitted for each farm with a farm retail use which shall not exceed 32 square feet. The signs must have a sign permit and shall be subject to all applicable requirements of Article XIX, Signs. No off-premises signs are permitted.

The hours of operation of any farm business that sells retail products to the public shall be limited to 7:00 a.m. until 10:00 p.m.

An accessory farm retail use shall be permitted only as a conditional use. In addition to all other conditions imposed by this section and by the Board of Supervisors, the applicant shall enter into a written agreement with the Township confirming the limitations on the use which shall be recorded in the Recorder of Deeds office. The agreement shall be satisfactory to the Township Solicitor.

An application for a zoning and building permit shall be required for the accessory farm retail use. A site plan bearing the imprint of a licensed surveyor shall be submitted which shall be drawn to scale showing the dimensions and location of all existing construction and proposed construction including the distances to the side and rear property lines. It shall also include the existing and proposed grading contours, direction of water flow, swales, floor elevations, floodplain, trees on the lot to be removed and to remain, the location of all utilities and/or easements, the impervious surface calculations, the location of all driveway(s) and/or parking areas(s) and whether or not they are paved with a hard surface or consist of crushed stone or other material. The application shall also state the following:

Proposed hours of operation.

Proposed products to be sold.

Signs: type, location and design.

(5)

Garage sales. Garage sales are permitted only in residential districts and shall be for a period not exceeding three days and shall be subject to the issuance of a zoning permit. No owner or tenant of a residence shall be permitted to have a garage sale more than two times per year.

(6)

Helistop. A helistop is a private facility for landing and takeoff of helicopters and permitted by special exception as an accessory use to a permitted use in the C-3 and O-R District subject to the following conditions:

No fuel service, maintenance or overhaul facilities shall be included.

A minimum landing area of one hundred by one hundred (100 x 100) feet shall be provided, except for rooftop landing areas which shall have a minimum landing area of forty by forty (40 x 40) feet.

All landing areas shall be surrounded by a fence at least four feet in height.

The proposed helistop will not adversely affect adjoining land uses, the safety of nearby residents or employees or the future growth and development of the area in which it is to be located.

The proposed helistop shall be permitted only as an accessory use to a use permitted in the district in which the helistop is proposed.

(7)

Home occupation, Class I: home office. Class I home occupation is defined as a business of a resident who is self-employed or who may work for another employer or contract or consult with another company or individual which does not involve any visiting by clients or patients and which does not use any employees on the premises and which does not involve any display of merchandise on the property. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and is permitted when in conformance with the following regulations.

The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than 25% of the net floor area contained in the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises.

A home occupation shall not in any way alter the residential character of the neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.

There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no external indications that the property is used for other than residential use. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

Class I home occupations are permitted by right in all zoning districts where residences are permitted.

No zoning permit is required for the Class I home occupation if all the conditions of this chapter are met.

Class Ia: home office. A Class Ia home office is one that meets all the standards and criteria for the definition of Class I and all the requirements of Subsections A(7)(a) through (d) above, except that the office employs no more than one person in the office in addition to the residents of the dwelling in which the office is located. A Class Ia Home Office is permitted only where all such conditions are met and only within a single-family detached dwelling and only upon the issuance of a zoning permit for this use.

(8)

Home occupation, Class II: traditional home business. A Class II home occupation is defined as a traditional home business of a resident who provides instruction to individual students in music or art or dressmaking or millinery services or a studio for artists or photographers where clients come to the studio but which does not use any outside employees on the premises and which does not exhibit any external signs that the dwelling is used for business purposes. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and may be permitted in conformance with the following regulations.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises.

Class II home occupations are permitted by right in all zoning districts where residences are permitted, subject to the issuance of a zoning permit.

(9)

Home occupation, Class III: family day-care. A family day-care home is a facility operated for-profit or not-for-profit in which child day-care is provided at any one time to four, five or six children, including relatives of the caregiver and where the child care areas are part of a family residence wherein the caregiver resides. If more than six children are to be cared for, the use regulations for the use, day-care center, shall be met. Family day-care shall conform with the following additional regulations:

A family day-care home shall only be permitted as an accessory use in a single-family detached dwelling located on a lot having a minimum net area, exclusive of natural resource protected land, of 16,500 square feet.

An outdoor play area shall be provided within the lot with a minimum area of 2,000 square feet not including any area devoted to parking or impervious surface. The outdoor play area shall be located in the rear or side yard of the lot and shall be adequately screened so as to protect the neighborhood from inappropriate noise and other disturbances. The outdoor play area shall be enclosed by a fence at least four feet in height which is of a design approved by the Zoning Hearing Board.

The Zoning Hearing Board shall include as a condition of any special exception, that the owner of a family day-care home shall continue to operate the same with adequate buffering using a Type IV buffer and shall be obligated to continually protect the neighborhood from inappropriate noise and other disturbances as a condition of the special exception.

The owner and operator of a family day-care home must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration and/or license as required shall result in a termination of the special exception approving the same, and it shall be the affirmative obligation of the owner and operator of a family day-care home to provide, annually, proof to the Township that the registration certificate and/or license is valid for each year. The proof shall accompany a form prepared by the Township suitable for the purpose of this subsection and shall be accompanied by the payment of a fee as determined, from time to time, by resolution of the Board of Supervisors.[2]

Editor's Note: See Ch. A 205, Fees.

A family day-care home must be located in a residence which has frontage on a public street and the operation of the family day-care home must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Zoning Hearing Board may require additional off-street parking and/or driveway area as a condition of the grant of any special exception.

The area devoted to the family day-care facility shall be located within either the operator's dwelling or a building accessory thereto and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than 25% of the net floor area covered by the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises and not more than one employee, assistant or associate not residing on the premises.

A Class III home occupation shall not alter the residential character of the neighborhood nor adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.

There shall be no exterior display, no exterior sign, no exterior storage of materials or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

A Class III home occupation shall be permitted only as a special exception.

(10)

Home occupation, Class IV: accessory office. Accessory office of a professional, including a physician, dentist, lawyer, engineer, architect, accountant or other profession of the same character may be permitted provided that the following requirements are met:

Minimum net lot area: one acre.

The floor area devoted to the accessory office shall be located within either the operator's dwelling or a building accessory thereto and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than 25% of the total floor area covered by the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.

Persons engaged in a permitted Class IV home occupation shall be limited to members of the household of the practitioners residing on the premises and no more than two additional employees who need not be residents of the household in which the office is located.

An accessory office shall not in any way alter the residential character of the neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.

There shall be no exterior display, exterior sign (except as permitted by Article XIX), exterior storage of materials, nor any other exterior indication of the accessory office or variation from the residential character of the principal building on the premises.

To be eligible for a Class IV home occupation the residence in which it is to be located must have frontage on an arterial or collector road.

A minimum of three off-street parking spaces in addition to spaces otherwise required for the residence shall be provided; however, there shall be no more than six off-street spaces on a single lot for the residence and the accessory office combined. Parking spaces must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a Type IV planted buffer in accordance with Article XVI of this chapter.

There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

A Class IV home occupation shall not be interpreted to include any of the following:

Barbershop and beauty parlor.

Commercial stable or kennel.

Real estate office.

Restaurant or cocktail lounge.

Antique shop.

Clinic.

Hospital or nursing home.

Tourist home or bed-and-breakfast.

Animal hospital.

Funeral home.

[11]

Group day-care facility.

This use is permitted only by special exception.

(11)

Livestock in residential districts. Livestock shall be permitted on residential properties in accordance with the following regulations:

Minimum net lot area shall be: five acres.

No more than two livestock units shall be permitted for every five acres of lot area.

Accessory structures for livestock housing or use shall be located only in the side or rear yards and no closer than 50 feet to any property line.

Livestock units shall be defined as follows for the purposes of this section:

One cow or horse: one livestock unit.

Five sheep or goats: one livestock unit.

Two swine: one livestock unit.

Thirty birds or poultry: one livestock unit.

(12)

Nonresidential accessory building, structure or fence. Accessory building, structure or uses customarily incidental to the uses permitted in HC, C-1, C-2, C-3 and O-R Districts are permitted in connection with such uses, except outside storage, which is subject to the regulation in Subsection A(13), Outside storage. Fences on lots used for nonresidential purposes. Fences and walls may be erected in the front, rear or side yard or in a special setback required by § 200-63, subject to the following provisions and with the exception that no fence or walls shall be located within any public right-of-way, easement, buffer easement or required sight triangle. The maximum permitted height of any fence shall be eight feet.

(13)

Outside storage. Outside storage, other than storage as a primary use of the land in the HC, C-1, C-2, C-3 and O-R Districts necessary but incidental to the normal operation of a primary use, subject to the following provisions:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian uses, no required parking areas or no part of the required front yard shall be occupied by outside storage.

Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.

Outside storage areas shall be shielded from view from the public streets and shall be buffered in accordance with Article XVI, Buffers.

Uses requiring more substantial amounts of land area for storage may be exempt from the provisions outlined in Subsection (a) above when granted as a special exception by the Zoning Hearing Board and provided that no more than 25% of the net lot area shall be used in outdoor storage.

(14)

Residential accessory buildings, structures and fences.

A residential accessory building incidental to the uses permitted in R-RP, R-1, R-2, R-3, R-3M and R-4 Districts shall be located only in the fourth of the lot farthest removed from the abutting streets. In no case shall they be located less than 10 feet from any side or rear lot lines. The heights of the accessory buildings shall not exceed 15 feet.

A garage or carport which is connected to a main building by a breezeway or similar structure shall be considered a structural part of the principal building and shall comply with all the yard requirements for the district within which it is located.

Fences and walls. Fences and walls may be erected in the front, rear or side yard or in a special setback required by § 200-63, subject to the following provisions and with the exception that no fence or walls shall be located within any public right-of-way, easement (except for a buffer easement) or required sight triangle. The maximum permitted height of any fence or wall located in a rear or side yard or in a special setback shall be seven feet, except when the fence surrounds a tennis court, in which case the maximum height shall be 10 feet. The maximum permitted height of any fence or wall in a front yard shall be three feet. For a corner lot, the height of the fence in the front yard located to the side and rear of the house may be increased to seven feet provided it is set back from the right-of-way line by a distance of three feet for each foot in height that the fence exceeds three feet. Spite fences are prohibited.

[Amended 10-3-2018 by Ord. No. 414]

(15)

Temporary structure. A temporary permit shall be required for all temporary structures or uses necessary during construction or other special circumstances of a nonrecurring nature. No more than one trailer for construction purposes shall be permitted unless specifically allowed by the development agreement for the construction. Such structure or use shall be removed completely within 30 days of the expiration of the period without cost to the Township.

(16)

Vending and service machines; newspaper and sales material vending machines.

[Amended 5-18-1998 by Ord. No. 316]

Vending and service machines. Vending and service machines are permitted as accessory uses in all zoning districts, subject to the following regulations:

No vending machine shall be permitted in connection with a residential use except:

As permitted in Subsection A(16)(b) below; or

As a use accessory to a residential use when located inside a clubhouse, community facility or recreation facility.

Service machines shall be permitted in commercial districts accessory to all primary uses and in residential districts accessory to multiple-family dwellings, nursing homes and other group dwellings only.

Outdoor service machines shall not be permitted in any district.

Except as permitted in Subsection A(16)(b) below, outdoor vending machines shall be permitted only in commercial districts and then shall be limited to two such machines per authorized principal use. A permit shall be required for all such machines to be located outside of an enclosed building.

Vending machines as a principal use are not permitted in any district; service machines as a principal use are permitted only in C-1 Districts.

Newspaper and sales material vending machines. Newspaper and sales material vending machines may be located in any district in the Township subject to the following conditions:

A permit shall be required for each vending machine to be located outside an enclosed building. Permit fees shall be established by the Board of Supervisors from time to time and the permit shall require the applicant, as a condition of the issuance of the permit, to provide financial security so as to guarantee the removal of the vending machine and concrete pad upon abandonment of the site.

The machine shall be secured to a concrete pad or other suitable permanent and secure base, but the method of securing the machine shall not include a chain.

The machine shall be located a minimum of 10 feet from the edge of cartway and shall not be located so as to interfere with clear sight distance and/or the safe flow of vehicular traffic. No such machine shall be located at a point where persons must go onto an unimproved shoulder of the road or leave the edge of the cartway for the purpose of parking and making use of the machine.

The machine shall not be located within any parking area that is needed to meet parking requirements.

The machine shall not interfere with safe pedestrian flow or access.

The machine must be properly maintained so that it is secured to its pad, operating properly and free of debris, graffiti and vandalism.

No machine shall be placed on private property in residential zoning districts and no machine shall be placed on private property elsewhere in the Township without first securing the written approval of the property owner wherein the machine is to be placed.

No machine shall be placed on any public property without first securing the written permission of the public entity where the machine is sought to be placed.

The machine shall not include any secondary advertising other than advertising the newspaper or other publication contained within the machine.

§ 200-70 Private swimming pools.

A private swimming pool and fence accessory thereto may be erected in a rear yard, side yard or special setback in any residential district as an accessory structure to a single-family detached dwelling only, provided that it complies with the following conditions:

The pool shall be located at least 10 feet from the rear or side property line and 10 feet from any portion of the building. It shall be located at least 60 feet from the right-of-way line of any collector road in the Township and at least 80 feet from the right-of-way line of any arterial road in the Township.

It shall be suitably designed and located so as not to become a nuisance or hazard to adjoining property owners or the public. Outdoor lights, if used, shall be shielded and not reflected toward adjacent residential properties.

Provision shall be made for drainage of the pool and backwash water disposal. The use of open fields, lawns or dry wells shall be permitted for this purpose, provided that they meet the requirements of the Pennsylvania Department of Health. Water shall not be emptied onto public roads or adjoining land belonging to others or into the public sanitary sewer system.

(4)

Fence enclosures for swimming pools are required to meet the requirements of the Pennsylvania Uniform Construction Code, as amended.

[Amended 10-3-2018 by Ord. No. 414]

Private aboveground swimming pools. Aboveground swimming pools having a depth of three feet or more may be erected provided they comply with the existing setback regulations and meet the following additional regulations.

A deck or walkway at least two feet in width, measured from the exterior edge of the pool shall be installed.

A fence at the exterior edge of the deck shall be erected so that the total height from the ground to the top of the fence shall not be less than five feet. The fence shall be constructed in such a manner that no openings or spaces shall exist which are greater than four inches in width. The distance between the bottom of the fence and the deck or walkway shall not be greater than two inches.