Middletown Township General Provisions

For one or two existing interior lots, a common driveway may be provided subject to compliance with the following requirements:

A private driveway providing public street access to one or two existing interior lots shall have a recorded easement right-of-way of 50 feet in width and a paved cartway of not less than 16 feet in width. The paved cartway shall have a minimum setback of 50 feet from any existing dwelling. The fifty-foot-wide easement shall be unobstructed by any building.

A private driveway providing access to a public street for the one or two existing interior lots may also provide access for one lot which must have a minimum lot width at the street line as specified for the residence zoning district in which the lot is located.

In order to protect the public health, safety and general welfare of persons residing in dwellings on lots adjacent to a private driveway providing public street access to an existing interior lot or lots, buffer planting strips shall be provided within the easement area at appropriate locations to prevent the headlights of motor vehicles using the private driveway from shining directly on any dwelling or dwellings on any adjacent lots or lots. The buffer planting area shall be in accordance with Article XXXIV.

(d)

If an existing interior lot exceeds the lot area required for the residence zoning district in which the lot is located, the existing interior lot may not be further subdivided to create any additional interior lots, and the owner of the existing interior lot shall record a restriction against further subdivision of the existing interior lot.

The following regulations shall apply to flag lots and interior lots:

[Added 7-13-2020 by Ord. No. 817[1]]

Flag lots and interior lots shall be permitted only within the R-1 and R-1A Residential Districts and shall be subject to all regulations of this section and the applicable district regulations.

Flag lots and interior lots shall be permitted within a subdivision when no other reasonable alternative can be achieved.

No more than one flag lot or one interior lot may be created from a parent tract.

[Amended 3-28-2022 by Ord. No. 841]

The access strip serving any flag lot shall have a minimum width of 50 feet at the street line and shall not exceed 300 feet in length, as measured from the street right-of-way to the flag front line.

The flag lot access strip shall be excluded from the required minimum lot area (net lot area) calculation imposed by the district regulations.

The private driveway providing access to a public street for one flag lot may also share a driveway with any lot which fronts completely on the street. The recorded easement shall not be less than 25 feet in width and a paved cartway of not less than 12 feet in width. The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The twenty-five-foot-wide easement shall be unobstructed by any building or structure.

If a subdivision of a parent tract results in the creation of an interior lot, the access easement to the interior lot shall be 50 feet in width and must have a paved cartway which is constructed in accordance with the design standards for streets as set forth in the Township Subdivision and Land Development Ordinance.[2] The paved cartway shall have a minimum setback of 25 feet from any existing dwelling and be a minimum of four feet from a property line. The fifty-foot-wide easement shall be unobstructed by any building or structure.

[2]

Editor's Note: See Ch. 210, Subdivision and Land Development.

[1]

Editor's Note: Subsequent subsections of this section were renumbered to accommodate this addition.

Front and side yards of corner lots. Corner lots shall be provided for equal setbacks on both streets.

Front yard regulations. No building, accessory building, structure or accessory structure shall be located or constructed within the front yard except for the following structures, unless any such structures are specifically prohibited within required buffer areas or buffer planting strips: landscaping features such as walkways, benches, fences and retaining walls; lighting; signs; off-street parking; access drives and points of ingress/egress; and aboveground utility structures approved by Township Council.

Side and rear yard regulations.

Where a minimum width of side yard is required, no building, accessory building, structure or accessory structure shall be erected within the minimum side yard area, except as provided in Subsections I and/or J, §§ 275-200 and/or 275-203C below.

All residential reverse frontage lots shall have a rear yard with a minimum of 75 feet and, within such rear yard and immediately adjacent to the street line of the major road, shall have a landscaped buffer consisting of hedges, walls, trees or earthen berms arranged so as to create a continuous visual barrier in accordance with § 275-213 of this chapter.

Projections or encroachments into required yards. Except as provided in Subsections G, H, J, §§ 275-200 and 275-203C, no building, accessory building, structure or accessory structure or part thereof shall be erected within, or shall project into, any required yard except for patios, decks or other uncovered spaces, unenclosed fire escapes, unenclosed steps and Class A and Class C accessory buildings or accessory structures as provided in § 275-203C. However, except for fences and approved driveways and except as otherwise provided in this chapter, all Class A or Class C accessory buildings or accessory structures must be located at least 10 feet from a property line.

Projections or encroachments into required yards in residence districts. Buildings, accessory buildings, structures or accessory structures located in residence districts may be constructed or altered so that the following projections or encroachments are made into the required yard:

Cornices, eaves, gutters or chimneys may not project more than 18 inches into any front, side or rear yard.

Steps, balconies and bay windows not extending through more than one story may project no more than five feet into any front, side or rear yard.

Any Class A accessory building or accessory structure may be constructed in or may project into a required side and/or rear yard if both of the following occur: the Class A accessory building or accessory structure is located at least 10 feet from any side or rear property line, unless a closer distance is authorized by the Zoning Hearing Board as a special exception; and the Class A accessory building or accessory structure is located at least 10 feet back from the rearmost portion of the main building on the lot.

Anything herein to the contrary notwithstanding, tennis courts, swimming pools and similar accessory uses, accessory buildings or accessory structures may extend into the required side and rear yards only when authorized by the Zoning Hearing Board as a special exception.

Lot area for Township easements on private property for stormwater facilities. In the case where an easement is granted to the Township on private property for a stormwater facility (basin or like structure constructed as a BMP to store water) for use in part as a Township facility, that portion of the private property on which the basin easement is located shall not be deducted from the lot area.

[Added 9-27-2021 by Ord. No. 834]

§ 275-200 Height limitations of fences and walls.

No fence or wall (except a retaining wall or wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the required open yard areas, provided that a portion of the fence or wall may exceed six feet in height if such portion contains openings therein equal to 50% or more of the area of said portion of the fence or wall and further provided that any fence or wall is in accordance with § 275-203.

§ 275-201 Corner vision obstruction.

On any lot, no wall, fence, berm or other structure shall be erected or maintained and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view. No obstruction shall be placed or maintained within the clear sight triangle as defined by the design standards and required improvements for streets set forth in Chapter 210, Subdivision and Land Development.

§ 275-202 Underground electric and telephone wiring.

Electric, telephone and cable television wiring shall be placed underground for every structure, dwelling or other use in all residential districts and in the Outdoor Recreation District, unless approved otherwise by Township Council.

§ 275-203 Accessory uses and accessory buildings or accessory structures.

[Amended 8-14-1995 by Ord. No. 556]

Accessory uses and accessory buildings or accessory structures may include but not necessarily be limited to the following:

Uses, buildings and structures accessory to agriculture.

The sale of farm products produced on the property, provided that no roadside stands used for such sale shall remain on the property during seasons when products are not sold and that adequate parking and provisions for safe ingress and egress be provided.

Signs for the sale of farm products shall be in accordance with Article XXXII.

Uses, buildings and structures accessory to dwellings.

Detached private garage, private parking area, private stable on lot of not less than one acre, private noncommercial barn, shed, shelter for pets, swimming pools in accordance with this section, bath house and private noncommercial greenhouse.

Quarters for guests and servants, when authorized as a special exception.

Pole, mast, tower or other structure for amateur radio operations, subject to the determination made by the Township Council as defined in Article XXXIV.

Swimming pools. Swimming pools permitted as an accessory use to a principal residential use shall comply with the following conditions and requirements:

The pool is intended, and is to be used, solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located, and their guests, and may not be operated commercially.

Swimming pools designated to contain more than 18 inches of water shall be erected in conformity with the following:

[1]

A permit shall be required to locate, construct or maintain a swimming pool as a residential accessory use.

[2]

Swimming pools may be in the rear or side yard setback area only when authorized as a special exception and shall not be in the front yard. In no case shall such pool be located under any electrical lines or over any utility lines (including sewer and water lines).

[3]

Every in-ground swimming pool shall be entirely enclosed with a good-quality chain link, wooden or other equivalent fence of not less than four feet in height, equipped with a locking gate. Such fence shall be placed either near or adjacent to the pool or at such other place on the owner's premises as to constitute an adequate barrier against entrance onto the owner's land or into said pool.

[4]

If the water for such pool is supplied from a private well, there shall be no cross-connection with a public water supply system.

[5]

If the water for such pool is supplied from a public water supply system, the inlet shall be above the overflow level of said pool.

[6]

No permit shall be granted for the installation or construction of any in-ground pool, permanent pool or portable pool having a capacity of 15,000 gallons or more, unless the Township Engineer has certified that the drainage of such pool is adequate and will not interfere with the water supply system, existing sanitary facilities or public streets.

Tennis courts. A tennis court may be located in a rear or side yard setback area only when authorized by a special exception and shall not be located in a front yard. Tennis court fences may be constructed but shall not exceed 10 feet in height.

Recreational vehicles and travel trailers. Recreational vehicles and/or travel trailers may be stored in the rear or side yard of the principal permitted use or in a garage or roofed structure and shall be no closer to a property line than the setback line created by the various yard requirements when stored outside. Such vehicles and/or trailers shall be screened from adjacent properties.

No-impact home-based businesses.

[Added 5-24-2010 by Ord. No. 712]

In residential districts, a no-impact home-based business shall be permitted as an accessory use in a dwelling unit.

Anyone who operates a no-impact home-based business shall file an application for and secure a certificate of occupancy and an annual business license from the Township.

Accessory buildings or accessory structures in yards.

Unless otherwise specified in this chapter, Class A and Class C accessory buildings or accessory structures may be located, erected or maintained in a side yard that does not abut the street or in a rear yard, provided that in no case shall such Class A or Class C accessory buildings or accessory structures be any closer than 10 feet to any lot line except for: fences, landscaping, approved driveways and, when authorized as a conditional use by Township Council, other structures for which no other viable alternative location is feasible.

Unless this chapter expressly provides otherwise, no accessory building or accessory structure may be located in a required front yard or required side yard which abuts a street except for permitted signs, fences and/or structures associated with ingress and egress and structures required by the Township for stormwater management, provided that they are no closer to the street than 15 feet from the street line.

No Class B accessory building or accessory structure may be located, erected or maintained in any front yard, side yard or rear yard.

Home professional offices.

In residential districts, all dwelling units except apartment units may be used for a home professional office when approved as a conditional use.

A home professional office may be permitted if the principal person using the office is the resident of the dwelling unit. Such office shall be incidental or secondary to the principal use of the property as a residence.

Professions for which an accessory use office may be operated in a residentially zoned dwelling may include a physician, attorney, dentist, accountant, architect, professional engineer, or similar profession who customarily has an office in the home. A professional office shall not be interpreted to include a real estate office or other commercial office, shop or use such as a barber shop, beauty shop, hair stylist or a funeral home.

Off-street parking spaces, in accordance with Article XXXI, are required when a professional office is operated as an accessory use in a dwelling. Such parking shall be screened from the view of surrounding dwellings with landscaping approved by the Township.

In addition to the owner-occupant, or more than one, or the equivalent of one, full-time employee shall be employed at a professional office operated as an accessory use in a dwelling.

The area used for a home professional office shall occupy no more than 25% of the total usable floor area of the dwelling unit.

No manufacturing, repairing or other mechanical work performed in connection with such home professional office shall be performed in any open and/or outdoor area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference or smoke shall be noticeable at or beyond the property line.

(8)

No storage of materials or products shall be permitted in open and/or outdoor areas.

(9)

No external alterations shall be permitted to the dwelling unit which are not consistent with the principal residential character and design.

(10)

No products shall be sold on the premises.

(11)

Signs or outside advertisement may be permitted only in accordance with the provisions of Article XXXII.

(12)

The operation of any home occupation involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m., except that any business conducted between 9:00 p.m. of one day and 7:00 a.m. of the following day may take place only if authorized by Township Council upon the determination that the privacy and tranquility of the surrounding residential area will not be disrupted by the proposed hours of operation.

Home occupations.

In residential districts, all dwelling units except apartments may be used for home occupations as a conditional use when approved by the Township Council.

A home occupation shall be permitted, provided that the principal person engaged in the home occupation is a resident of the dwelling unit. Such home occupation shall be incidental or secondary to the use of the property as a residence and is limited to those occupations listed below.

Occupations which may be authorized as an accessory use include the following occupations: manufacturer's representative, dressmaker, milliner, music teacher, teacher, artist or like occupation which is lawfully conducted for pecuniary gain by a resident within the dwelling unit. A home occupation shall not be interpreted to include such facilities as: a barber shop, beauty shop or hair stylist; tea room, tourist home, funeral home, convalescent home, kennel or similar use of a commercial nature.

Off-street parking spaces in accordance with Article XXXI shall be screened from the view of surrounding residential homes by landscaping approved by the Township.

No individuals shall be employed on the premises by the operator of a home occupation.

The area of dwelling used for the home occupation shall be no more than 25% of the total usable floor area of the dwelling unit.

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

(8)

No storage of materials or products shall be permitted in open and/or outdoor areas.

(9)

No external alterations shall be permitted to the dwelling unit except those customarily conducted for residential buildings.

(10)

Signs or outside advertisement may be permitted only in accordance with the provisions of Article XXXII.

(11)

§ 275-204 Conversion into two-family or multiple-family dwellings.

The Township Council may permit, as a conditional use, the conversion of a building in any residence district to a dwelling for more than one family, provided that:

The plans for the conversion of said dwelling shall be submitted to the Township Council.

Such plans shall provide adequate and suitable parking in accordance with Article XXXI.

In order to qualify for conversion, the building must be located on a lot with an area not less than the product of the minimum single-family lot area of the district multiplied by the number of dwelling units to which such building is to be converted.

There shall be no external alteration of the building, except as may be necessary for reasons of safety, that will disrupt the residential character of the surrounding area. Fire escapes and outside stairways shall, where practicable, be located in the rear of the building.

§ 275-205 Restrictions on keeping and storing junk vehicles.

[Amended 1-9-1989 by Ord. No. 434; 1-8-1990 by Ord. No. 461]

The following regulations shall apply to all vehicles:

Junk vehicles or unregistered vehicles or registered vehicles under repair may not be kept or stored outdoors on public or private property for longer than 96 hours during any thirty-day period, provided that junk vehicles or unregistered vehicles or registered vehicles under repair may be worked on or stored within a garage or other fully enclosed structure. This regulation does not apply to the following:

Commercial businesses which are permitted principal land uses and are normally involved in the repair or assembly of such vehicles.

Vehicles designed for farming when these vehicles are stored on an active farm.

Antique cars or other automobiles in the process of being reconstructed for purposes of qualifying as antique cars and which have been registered with the Township Zoning Officer, provided that:

Such vehicles shall be suitably covered at all times when not actively being worked on.

The vehicles must receive antique registration within one year from the date of initial registration of the vehicles with the Township Zoning Officer as provided herein.

§ 275-206 Nonconformities.

[Amended 1-8-1990 by Ord. No. 461]

Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter shall be regarded as nonconforming, and the following regulations shall apply to them.

Alteration or extension.

Nonconforming structures. Nonconforming structures may be altered or enlarged, provided that such alteration or enlargement does not, on the effective date of this chapter, increase the extent of the nonconformity of the overall structure more than 10%, except patios, decks and screened and open porches. These excepted extensions of the nonconforming structure shall not protrude any further into the setbacks but can align with the structure the extent to which it is already nonconforming. In the case of a nonconforming structure which is used by a nonconforming use, such alteration or enlargement shall also meet the requirements of Subsection G below.

Nonconforming lots. A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that the yard requirements of this chapter are observed.

Nonconforming uses. Nonconforming uses shall not be altered or enlarged, except in accordance with the following provisions:

Such alteration or enlargement shall be permitted only by conditional use under the provisions of Article XXXVI.

Such alteration or enlargement shall be upon only the same lot as was in existence on the date the use became nonconforming.

Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 10% of said volume of floor area during the life of the nonconformity.

Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned, and shall be carried on without interruption, or else the nonconforming building or use shall be deemed to be abandoned.

Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that there is no enlargement or change in the nonconformity.

Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Township Council in accordance with Subsection F and that such approved use be initiated within 30 days after the end of the twelve-month period.

Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a conditional use by the Township Council and subject to the following conditions:

The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.

The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use with regard to:

Traffic generation and congestion.

Noise, smoke, dust, fumes, vapors, gases heat, odor, glare or vibration.

Outdoor storage.

(d)

Sanitary sewage disposal.

In the case of an application for a conditional use to alter or enlarge a nonconforming use or to change a nonconforming use to another nonconforming use, the applicant shall be responsible for establishing to the satisfaction of the Township Council that the proposed expansion or change in use will not cause an increased detrimental effect on surrounding properties or the neighborhood in which it is located. In making its decision on the relative detriment, the Township Council shall also take into consideration the standards included in Article XXXVI. Any alteration or enlargement authorized by the Township Council shall represent the minimum modification that will afford the relief required.

District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses of structures existing in the district to which the area was transferred.

§ 275-207 Environmental controls.

No building may be erected, altered or used and no lot or premises may be used for any trade, industry, business or other activity that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination, noise, toxic chemicals or other disturbance which constitutes a public hazard, whether by fire, explosion or otherwise. In determining whether a proposed use is or may become noxious, hazardous or offensive, each such use shall comply with the performance standards below; and no internal combustion engine shall be used unless objectionable noise and vibration are eliminated and proper disposition is made of exhaust gases.

It is the intent of these regulations to prevent land or buildings, including those permitted by right, conditional use or special exception, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition such as fire, explosion or other hazards; noise or vibration; glare or heat; condition conducive to the breeding of rodents or insects; or other substance, adversely affecting the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States Government, the Commonwealth of Pennsylvania, Delaware County and governmental, quasi-governmental and governmentally regulated bodies, companies and authority entities. The most stringent regulation applicable shall be used.

All plans for proposed development in the Township shall illustrate, depict, note or otherwise demonstrate compliance with this section and in accordance with the requirements of Chapter 210, Subdivision and Land Development, and § 275-198A through F, if applicable.

[Amended 9-10-2018 by Ord. No. 795]

Noise controls.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands as stated below. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, American Standards Association, Inc., New York, New York, and the American Standard Specifications for an Octave Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used).

The maximum permissible sound-pressure levels for noise shall be as follows (all of the decibel levels stated below shall apply in each case):

	Frequency Band (cycles per second)	Maximum Permitted Sound-Pressure Level (decibels)
	0 to 150	67
	150 to 300	59
	300 to 600	52
	600 to 1200	46
	1200 to 2400	40
	2400 to 4800	34
	Above to 4800	32

The measurement of sound levels called for in this section shall be at the property line which abuts the nearest residential district.

Smoke. No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.

Dust, fumes, vapors and gases.

The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals or vegetation, or to other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission in herewith prohibited.

Except as otherwise designated below under specific contaminants in Subsection F(3) of this section, no emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustions, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.

Specific contaminants. The Ambient Air Quality Standards for the Commonwealth of Pennsylvania shall apply to the release or airborne toxic materials across lot lines. Specific contaminant standards are as follows:

Fugitive emissions. As required by Sections 123.1 and 123.2, Chapter 123, Article III, Sub-Part C, Part I, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.

Particulate Matter Emissions. As required by Sections 123.11, 123.12, and 123.13, Chapter 123, Article III, Sub-Part C, Part I, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.

Sulfur compound emissions. As required by Sections 123.21, 123.22, and 123.23, Chapter 123, Article III, Sub-Part C, Part I, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be revised in the future.

Where there are, in addition to the above regulations, relevant air pollution regulations of the United States Government or of the Commonwealth of Pennsylvania, the most stringent regulation applicable shall be used.

Heat and glare. No use shall produce heat perceptible beyond its lot lines. The specific Rules and Regulations of the Pennsylvania Department of Environmental Protection with respect to heat and glare shall apply.

Odor. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions of Table III (odor thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., as revised.

Vibrations. No use shall cause earth vibrations or concussions detectable beyond its lot lines without aid of instruments with the exception of that vibration produced as a result of construction activity.

Storage and waste disposal.

All storage of flammable materials shall comply with the provisions of the Middletown Township Fire Code.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards or any leaching to substratum.

Soil erosion, sedimentation and grading control.

No construction or development activity shall occur unless in strict compliance with Chapter 210, Subdivision and Land Development, and all other Code provisions. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation or otherwise changing or altering the landform.

Slope controls. Refer to Article XXX.

Traffic control.

No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.

To minimize potential adverse conditions, the level of service for traffic along any portion of a road which leads to the points of ingress and egress of a tract or other proposed property shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meaning ascribed thereto in the document entitled "Trip Generation, An Institute of Transportation Engineers Informational Report, Second Edition, 1979," or the edition in use at the time a development or other building application is made.

The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular, the following chapters: 471-610 pertaining to Engineering and Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and 471-615 pertaining to Official Traffic-Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth in Subsection M(1) above and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof and the types of motor vehicles comprising such counts.

All streets and/or intersections showing a level or service below "C" shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external street and intersection design and improvements traffic signal installation and operation, including signal timing.

§ 275-208 Microwave antennas for satellite communication.

All parabolic ground- or roof-based reflectors, together with the pedestal and any other attachments and parts, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite, shall conform to the following:

The diameter of a ground-based reflector shall not exceed 10 feet.

The entire structure, including the microwave antenna, shall not exceed 18 feet in height.

Any such structure, including the microwave antenna, shall not exceed 18 feet in height.

No more than one microwave antenna shall be permitted on any lot.

Before erecting any structure, a building permit shall be obtained.

§ 275-209 Rotorcraft helicopters, fixed-wing aircraft, amateur-built aircraft and non-fixed-wing aircraft, including power gliders, ultra lights, etc.

All such structures shall be screened by landscaping or fencing approved by Township Council.

No helicopter or related fixed- or non-fixed-wing aircraft (hereinafter referred to as "aircraft") shall be flown or power tested in any manner on any lot except in conformance with the following standards:

Each lot proposed to be utilized for the flight or testing of such aircraft shall be a minimum of seven acres.

The aircraft shall be owned or operated by the owner or occupant of the lot. An aircraft not owned by the owner or occupant of a lot may be operated on such lot on an infrequent basis with the owner's permission.

Each flight or power test shall be conducted in accordance with applicable Federal Aviation Administration rules and regulations. Prior to flight or power test, amateur-built aircraft must obtain an FAA airworthiness certificate setting forth aircraft operating limitations that specify the flight test area for the aircraft.

Each flight or power test shall be conducted in a manner as to prevent the creation of any unsafe condition or annoyance to adjacent property owners.

Each flight or power test shall be conducted under visual flight rules, daylight hours only.

Prior to initiation of any flight or power test activity, the owner or occupant of said lot shall obtain a permit pursuant to applicable provisions of the Township Fire Code. Said permit shall be valid only for the calendar year in which it was issued and shall be renewed on an annual basis.