Article IV Specific Criteria

Minimum lot area: two acres, provided that within the (A) Zone no church shall contain more than two acres of lot area.

Minimum lot width: 200 feet.

All houses of worship shall front on and gain access from an arterial or collector highway.

All front, rear and side yard setbacks shall be 50 feet as measured from a street right-of-way or property line.

[Amended 10-17-2007 by Ord. No. 229]

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

Church-related residences (rectories and convents).

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

All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's zone.

Church-related educational or day-care facilities.

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

If education or day-care is offered below the college level, an outdoor play area shall be provided at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a four-foot- to six-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

“Enrollment” shall be defined as the largest number of individuals under day-care supervision at any one time during a seven-day period.

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

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

All day-care facilities shall furnish the necessary registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.

Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students below grade 10, and one off-street parking space shall be provided for each three students in grades 10 and above.

Cemeteries.

All burial plots or structures shall be located at least 20 feet from any property line or street line.

Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.

No burial plots or facilities are permitted in floodplain or flood fringe areas.

§ 340-59 Cluster developments.

[Amended 2-19-1997 by Ord. No. 175]

Within the (R-1) and (R-2) Zones, cluster developments are permitted by conditional use, subject to the following criteria:

It is the express purpose to offer density bonus as enabled in the Act for the preservation and protection of natural and/or cultural features, and/or the provision of Township accessible common open space.

The minimum area devoted to a cluster development shall be 10 acres.

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

Restricted open space shall be required for all cluster developments based on the following calculations and shall comply with the provisions of § 340-43:

[Amended 8-21-2019 by Ord. No. 287]

Where located in the R-1 Residential Zone (R-1): The minimum amount of restricted open space shall be 30% of net lot area, but shall not total less than 40% of the gross tract area. The restricted open space, while calculated in minimum area on the basis of gross and net lot area, need not physically encompass all of the areas excluded from net lot area as defined herein.

Where located in the R-2 Residential Zone (R-2): The minimum amount of restricted open space shall be 20% of net lot area, but shall not total less than 30% of the gross tract area. The restricted open space, while calculated in minimum area on the basis of gross and net lot area, need not physically encompass all of the areas excluded from net lot area as defined herein.

All cluster developments shall provide for a complete system of sidewalks and/or linear parks, that where practicable, connect with similar adjoining facilities.

Density, area and bulk, and design standards for cluster development. The table and the text set forth herein specify density, area and bulk, and design standards for cluster developments that differ from those provided in the respective base zone text. For purposes of establishing the net lot area of the entirety of a tract planned for development in accordance with the cluster development provisions set forth in this section, future street and utility rights-of-way and future stormwater management easements or facilities shall not be excluded; however, such features shall be excluded from the calculation of maximum lot coverage for the individual lots to be subdivided within the development, including lots in a condominium development where multiple units may be located on a single lot.

[Amended 8-21-2019 by Ord. No. 287]

Maximum permitted density.

R-1 Residential Zone (R-1). In the R-1 Residential Zone (R-1), the maximum permitted number of dwelling units, regardless of dwelling types, shall be determined by multiplying the net lot area of the entirety of the lot(s) or tract(s) proposed for development by 3.0.

R-2 Residential Zone (R-2). In the R-2 Residential Zone (R-2), the maximum permitted number of dwelling units, regardless of dwelling types, shall be determined by multiplying the net lot area of the entirety of the lot(s) or tract(s) proposed for development by 6.0.

The maximum number of dwelling units calculated under the provisions of this section may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein. The inability to achieve the maximum number of dwelling units shall not be deemed an unnecessary hardship.

Specified area and bulk standards:

Zone	Permitted Dwelling Type	Minimum Lot Width at Building Setback/(Frontage)	Maximum Lot Coverage	Minimum Yard Setbacks
Zone	Permitted Dwelling Type	Minimum Lot Width at Building Setback/(Frontage)	Maximum Lot Coverage	Front (feet)	Any Side, Except Zero Lot Line, or Where Attached (feet)	Rear (feet)
R-1	Single-family detached	60/(50)	50%	30	10	30
R-1	Duplex	45/(40) per unit	55%	25	10	20
R-1	Townhouse	18/(18) per unit	70%	25	10	20
R-1	Quadraplex	120/(120)	60%	25	15	30
R-2	Single-family detached	60/(50)	50%	25	6	20
R-2	Duplex	45/(40) per unit	55%	25	10	20
R-2	Townhouse	18/(18) per unit	70%	25	10	20
R-2	Quadraplex	120(120)	60%	25	15	30
R-2	Other multifamily	200/(200)	60%	50	30	30

Within a cluster development, single-family detached dwellings may employ a zero-lot-line design when the following conditions have been satisfied:

Minimum lot width shall be 50 feet and 35 feet at the building setback line and the lot frontage, respectively.

One side wall of the structure may be located no less than one inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be at least 20 feet wide.

A perpetual four-foot wall-maintenance easement shall be provided on the lot adjacent to the zero-lot-line which, with the exception of freestanding walls and/or fences, shall be kept clear of structures. This easement shall be shown on the association plat and the subdivision and land development plan and be incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment, unless otherwise agreed to in writing by the two affected lot owners.

Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling on the lot line is limited to the easement area.

The wall of a dwelling located along the zero-lot-line shall have no openings (e.g., windows, doors, air-conditioning units, vents, etc.), unless such openings are located at least eight feet above grade, and have translucent panels.

No townhouse building shall contain more than eight units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical rooflines that generally parallel the ground along the same horizontal plane.

All multiple-family dwelling buildings, including townhouses and quadraplex buildings, shall be set back at least 30 feet from any perimeter boundary of the development site and shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands, except that all garages accessed directly from interior access drives or parking facilities shall be set back a minimum of 20 feet from the curb of the access drive or sidewalk as applicable.

In those instances where more than one building containing a dwelling or dwellings is located on the same lot, regardless of dwelling type, such as in the case of a condominium ownership arrangement, the following separation distances will be provided between each building:

Front to front, rear to rear or front to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.

A minimum yard space of 20 feet is required between end walls of buildings.

A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.

If the property abuts an arterial road, the minimum front yard setback shall be 40 feet from the right-of-way line.

The minimum front yard setback for accessory residential garages shall be 20 feet.

Where dwellings abut common open space to the rear, the minimum required rear yard setback shall be reduced to 20 feet.

Maximum density shall be increased 0.5 du/ac with the utilization of a special collector street as defined in Chapter 285, Subdivision and Land Development, subject to approval by the Board of Supervisors as part of the conditional use process.

Where cluster development in the R-1 Residential Zone (R-1) includes other than single-family detached dwellings, the following limitations shall be placed on the relative proportion of any one dwelling unit type within an overall development plan:

Dwelling Unit Type	Permitted Percentage
Single-family detached	Minimum 50%
Duplex	Maximum 50%
Townhouse	Maximum 50%
Quadraplex	Maximum 50%

§ 340-60 Commercial day-care facilities.

Where a cluster development abuts existing single-family detached residential development, only single-family detached residences may directly abut the existing neighboring development unless open space at least 100 feet in width intervenes. Such open space shall contain a landscape buffer acceptable to the Township unless it comprises existing woodland which provides a sufficient buffer.

[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199; 4-21-2010 by Ord. No. 244]

Within the (LC) Zone, commercial day-care facilities are permitted by special exception, and within the (R-2, CC, MU, VO, I-1 and I-2) Zones, commercial day-care facilities are permitted by conditional use, subject to the following criteria:

An outdoor play area shall be provided which shall meet all regulations set forth by the Commonwealth of Pennsylvania as part of the licensing requirements for day-care facilities. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and shall be set back at least 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a four-foot- to six-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (not poisonous, thorny, allergenic, etc.) All outdoor play areas shall provide a means of shade such as a shade tree(s) or pavilion(s).

[Amended 10-17-2007 by Ord. No. 229]

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

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

One off-street parking space shall be provided for each six persons enrolled.

§ 340-61 Conversion of historic structures.

[Amended 2-19-1997 by Ord. No. 175; 11-19-2008 by Ord. No. 234; 4-21-2010 by Ord. No. 244]

Within the (A, C, RE and MU) Zones, the conversion of historic structures is permitted by special exception, and within the (LC and VO) Zones, the conversion of historic structures is permitted by conditional use, subject to the following criteria:

Such conversions shall only be permitted within historic structures except in the case of historic inn and historic restaurant conversions in the VO Zone which may include new structures physically connected to the historic structure, as defined herein.

The applicant shall furnish expert evidence that any alterations, improvements, extensions, additions or other modifications proposed to the historic structure will be accomplished in a manner that does not jeopardize the "historic" status of the structure.

Should any existing farm dwelling within the A Zone be converted, any replacement dwelling proposed on the farm would spend one of the permitted dwelling development rights granted by § 340-11E(2) of this chapter.

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

The applicant shall obtain any necessary land development approvals.

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

One sign shall be permitted which is no larger than nine square feet and is located at least 10 feet from all lot lines.

Historic inn conversion. Historic inn conversions shall include dining and lodging, as defined herein, subject to the following criteria as well as the criteria found in § 340-61I below, relating to historic restaurant conversions.

The lot shall have direct access to a collector or arterial road as classified in § 340-39.

Any new structure or additions shall be physically connected to the historic structure and shall satisfy all of the following:

The horizontal limits of the roof area (also known as the building "footprint") of the new structure or additions shall not exceed two times the roof area/footprint of the existing historic structure that will remain.

The historic structure must be used for dining and/or lodging (not to exceed 30 rooms) when associated with an historic inn conversion.

The highest point of the roof of any new structure built as part of the historic inn conversion shall not be higher than the highest point of the roof of the existing historic structure that will remain.

As determined during the conditional use process and through material samples submitted as part of the conditional use application, any new structure or addition built as part of the historic inn conversion shall incorporate appropriate exterior architectural features complementary to; shall be of complementary design, arrangement, texture, material, and color to; and shall preserve the historic aspect and nature of the existing historic structure that will remain.

Parking shall be provided in accordance with § 340-35 of this chapter. The number of required spaces shall be the aggregate number of spaces required for "hotels, motels, tourist homes" and for "restaurants," as applicable.

Off-street loading facilities shall be provided in accordance with § 340-36 of this chapter. The number of required loading spaces shall be as required for "hotel, motel and similar lodging facilities."

One sign shall be permitted which is no larger than 18 square feet and is located at least 10 feet from all lot lines. This sign shall be in lieu of and not in addition to any sign permitted for other types of historic conversions, including an historic restaurant conversion, which may be attached to or part of the historic inn conversion.

Historic restaurant conversion. Historic restaurant conversions shall not involve drive-through nor fast-food restaurant operations, as defined herein. All restaurant seating shall be provided within the completely-enclosed building, except that limited exterior seating may be provided if:

Such seating is situated and designed so as not to be adversely impacted by potential nearby agricultural activities, nor to adversely impact nearby residences.

Such seating is accessory to the principal interior seating accommodations.

During use, such seating is continuously supervised by an employee or owner of the restaurant.

Any lighting or music system serving such seating is designed and operated so as not to constitute a nuisance to adjoining properties.

The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.

Such seating is removed during seasons when not in use.

Any addition or additions permitted in the VO Zone shall be physically connected to the historic structure and shall satisfy all of the following:

The horizontal limits of the roof area (also known as the building "footprint") of the addition or additions shall not exceed two times the roof area/footprint of the existing historic structure that will remain.

The highest point of the roof of any new structure built as part of the historic restaurant conversion shall not be higher than the highest point of the roof of the existing historic structure that will remain.

As determined during the conditional use process and through material samples submitted as part of the conditional use application, any new structure built as part of the historic restaurant conversion shall incorporate appropriate exterior architectural features complementary to; shall be of complementary design, arrangement, texture, material, and color to; and, shall preserve the historic aspect and nature of the existing historic structure that will remain.

Historic conversion apartment. All dwelling units within the historic conversion apartment building shall contain at least 400 square feet of habitable floor area.

Any extensions or modifications to the external appearance of the building (except fire escapes) shall complement its residential character.

All floors above or below grade shall have direct means of escape to ground level.

§ 340-62 Commercial recreation facilities.

Three off-street parking spaces per unit shall be provided.

Historic office conversions are permitted.

All historical conversions within the MU Zone shall demonstrate those measures employed to incorporate the design features listed in § 340-16S of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.

[Amended 2-19-1997 by Ord. No. 175; 4-21-2010 by Ord. No. 244; 6-16-2021 by Ord. No. 296]

Within the LC, and CC and I-2 Zones, commercial recreation facilities are permitted by conditional use, subject to the following criteria:

If the subject property contains more than two acres, the facility shall front on and gain access from an arterial or collector road.

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

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

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

Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 340-35H. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing or other barriers to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

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

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

§ 340-63 Communication antennas, towers and equipment.

[Amended 2-19-1997 by Ord. No. 175; 6-5-2019 by Ord. No. 285]

The following shall apply to all communications towers located outside of the public or private rights-of-way:

Communications towers are permitted outside the public rights-of-way in the following zoning districts by conditional use:

I-1 Industrial District.

A-Agricultural District.

The WCF applicant must demonstrate that a significant gap in Wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Any communications tower shall be set back from each property line a distance equal to its height, but in no circumstances less than 50 feet from any property line. The setback shall also be applicable to guide wire anchors for the communications tower.

No communications tower shall be located within 200 feet of the property line of any public or private school or park.

All communications towers shall be completely enclosed by an eight-foot-high fence and self-locking gate.

The WCF applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any communications tower onto adjoining properties and/or roads, and the wind-borne scattering of ice onto adjoining properties and/or roads.

Communications towers shall be sited so as to separate them from adjacent farming activities and residential structures.

If the tract which is the subject of the application is located within the Agricultural Zone (A), the WCF applicant shall demonstrate that the proposed location on agricultural land is necessary for the efficient operation of the communication system, and that alternative locations outside of the Agricultural Zone (A) are not available.

The WCF applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC).

Communications antennas which are capable of transmitting signals shall not create electrical, electromagnetic, microwave or other interference off site.

The WCF applicant shall demonstrate that the communications tower is the minimum height required to function satisfactorily. The maximum total height of a communications tower shall not exceed 150 feet, measured from average natural grade of the approved facility area to the top point of the communications tower or communications antenna, whichever is greater.

The WCF applicant shall submit a plan for the removal of the communications tower when it becomes functionally obsolete or is no longer in use. The WCF applicant shall be responsible for the removal of the WCF within three months from the date the WCF applicant ceases use of the WCF or the WCF becomes obsolete. Prior to receipt of a zoning permit, the WCF applicant shall provide to the Township a performance bond in the amount of $75,000 for the removal of the communications tower. Said performance bond shall remain in place until the communications tower is removed.

In order to reduce the number of wireless support structures needed in the Township in the future, any proposed support structure shall be designed to accommodate other users including, but not limited to, commercial WCF, police, fire and emergency services.

The WCF applicant shall obtain a building permit in accordance with Chapter 120, Uniform Construction Codes, of the Code of the Township of Warwick, prior to commencement of construction of any communications tower.

The installation of communications towers on existing structures will be permitted in the designated districts of the installation and will not exceed 10 feet above the height of the existing structure.

(16)

Attachments to existing structures shall be designed by a certified engineer and must meet the approval of the Township.

(17)

The following landscaping shall be required to screen as much of the wireless support structure as possible, the fence surrounding the communications tower, and any other ground-level features (such as a building):

An evergreen screen shall be required to surround the site and shall be maintained by the owner of the communications tower. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum height of 15 feet at maturity.

Existing vegetation on and around the site shall be preserved to the greatest extent possible.

(18)

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

(19)

Each person that owns or operates a communications tower greater than 40 feet in height shall provide the Township with a certificate of insurance naming the Township as an additional insured evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower.

(20)

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

(21)

Upon submission of an application for a communications tower outside the public rights-of-way and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

(22)

The Township reserves the right to waive any of the requirements of this § 340-63A.

The following shall apply to all communications antennas:

Communications antennas are permitted in all zoning districts subject to the restrictions and conditions prescribed below and in § 340-63.1B and subject to applicable permitting by the Township.

No communications antenna shall be located within 200 feet of the property line of any public or private school or park unless permitted by the property owner.

Communications antennas shall be permitted to collocate upon nonconforming communications towers and other nonconforming structures. Collocation of WCF upon existing communications towers is encouraged even if the communications tower is nonconforming as to use within a zoning district.

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

Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs, or portions of WCFs, shall be removed as follows:

All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or accessory equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

Within 60 days of receipt of a complete application for a new communications antenna that meets the definition of Small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision. If the proposed communications antenna does not meet the definition of Small Wireless Facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision within 90 days of receipt of the application.

Each person that owns or operates a communications antenna shall provide the Township with a certificate of insurance naming the Township as an additional insured evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.

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

The Township reserves the right to waive any of the requirements of this § 340-63B.

To the extent permitted by law, the following maintenance requirements shall apply:

The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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

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

The following regulations shall apply to all collocated communications antennas that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act.[1]

WCF applicants proposing the modification of an existing communications tower shall obtain a building permit from the Township. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Editor's Note: See 53 P.S. § 11702.1 et seq.

The following regulations shall apply to all communications antennas that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[2]

Residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

No communications antenna shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

Any WCF applicant proposing the construction of a new communications antenna, or the modification of an existing communications antenna, shall first obtain a conditional use authorization from the Township. New constructions, modifications of existing communications antennas, and replacements that do fall under the WBCA shall not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Warwick Township Zoning Ordinance.

Communications antennas that meet the definition of a small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this section, § 340-63B(13) and generally applicable permitting as required by the Township Code.

New collocations, modifications of existing communications antennas, and replacements that do not substantially change the underlying structure shall not require conditional use authorization and shall require only a building permit in accordance with generally applicable Township procedures.

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

The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a communications antenna, as well as related inspection, monitoring and related costs.

Communications antennas shall be collocated on existing structures, such as existing buildings or communications towers, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

In accordance with industry standards, all WCF applicants proposing installation of a new communications antenna must submit documentation to the Township justifying the total height of the communications antenna. Such documentation shall be analyzed on an individual basis.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence of not less than six feet and not more than eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(i)

Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(j)

Removal, replacement and modification.

The removal and replacement of communications antennas and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

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

(k)

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

§ 340-63.1 Communication antennas, towers, and equipment located within public or private street right-of-way.

Editor's Note: See 53 P.S. § 11702.1 et seq.

[Added 5-20-2015 by Ord. No. 272; amended 6-5-2019 by Ord. No. 285]

Communications antennas and pole facilities shall be permitted by conditional use within public or private street rights-of-way, subject to the following requirements:

The following shall apply to all pole facilities within public or private street rights-of-way:

Pole facilities in the public or private rights-of-way shall be limited to pole facilities with a maximum height of 40 feet.

Pole facilities are permitted within the public rights-of-way in the following zoning districts by conditional use:

A-Agricultural Zone.

LC Local Commercial Zone.

CC Community Commercial Zone.

I-1 Industrial-1 Zone.

I-2 Campus Industrial Zone.

Pole facilities are permitted within the private rights-of-way in all zoning districts by conditional use subject to the approval of the owner of the private rights-of-way. Evidence that the WCF applicant has obtained such approval shall be a requirement for conditional use approval.

No pole facility shall be located in the front facade of any structure.

Pole facilities or accessory equipment shall not be installed within a public street right-of-way where utility facilities serving lots abutting such street are located underground, unless the WCF applicant provides evidence that no feasible alternative site exists for collocation and/or no available support structures exist.

Pole facilities or accessory equipment shall be permitted in private rights-of-way where utility facilities are located underground subject to the approval of the owner of the private right-of-way. Evidence of such approval shall be provided to the Township as part of the applicant's conditional use application.

No pole facility shall be located within 200 feet of the property line of any public or private school or park unless permitted by the property owner.

An application for a new pole facility in a street right-of-way shall not be approved unless the Township finds that the proposed WCF cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a pole facility shall include a comprehensive inventory of all existing pole facilities and other suitable structures within a one-mile radius from the point of the proposed pole facility, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all pole facilities in the public rights-of-way based on public safety, traffic management, physical burden on the public rights-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Pole facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the public rights-of-way as determined by the Township. In addition:

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

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

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

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.

Any underground vaults related to pole facilities shall be reviewed and approved by the Township.

All pole facilities and accessory equipment shall comply with any applicable requirements of the Americans with Disabilities Act (ADA).[1]

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

Design regulations.

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

Any substantial change to an existing pole facility shall require prior approval of the Township.

Any proposed pole facility shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas or future users, including antenna for public safety needs by emergency responders.

The applicant shall allow and encourage other service providers to collocate antennas on pole facilities where technically and economically feasible. The owner of a pole facility shall not install any additional antennas without obtaining the prior written approval of the Township.

Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a pole facility and/or accessory equipment in the public rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any pole facility and/or accessory equipment when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way.

The operations of the Township or other governmental entity in the right-of-way.

Vacation of a street or road or the release of a utility easement.

An emergency as determined by the Township.

Every pole facility and/or accessory equipment in the public street right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public rights-of-way. Such compensation for public rights-of-way use shall be directly related to the Township's actual public rights-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public rights-of-way management activities by the Township. The owner of each pole facility and/or accessory equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual public rights-of-way management fee for pole facilities and/or accessory equipment shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual public rights-of-way management costs as applied to such pole facility and/or accessory equipment.

Upon submission of an application for a pole facility and the scheduling of the public hearing upon the application, the WCF applicant shall send via first-class mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Township along with the list of return receipts received.

(16)

Each person that owns or operates a pole facility shall provide the Township with a certificate of insurance naming the Township as an additional insured evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the pole facility.

(17)

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

(18)

Within 90 days of receipt of a complete application for a pole facility that meets the definition of small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision. If the proposed pole facility does not meet the definition of small wireless communications facility, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant within 150 days of receipt of the application for the pole facility.

(19)

The Township reserves the right to waive any of the requirements of this § 340-63.1A.

In addition to the requirements of § 340-63B, the following shall apply to all communications antennas within public or private street rights-of-way:

Communications antennas in the ROW shall be collocated on existing wireless support structures. If collocation is not technologically feasible, the WCF applicant shall locate its communications antenna on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.

Design requirements:

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

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

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

Communications antennas and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

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

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

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

Any graffiti on any wireless support structures or any accessory equipment shall be removed at the sole expense of the owner.

Any proposed underground vault related to communications antenna shall be reviewed and approved by the Township.

Accessory equipment attached to the wireless support structure shall have 18 feet of vertical clearance above finished grade.

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

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

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

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Prior to receipt of a zoning permit, the WCF applicant shall provide to the Township a performance bond in the amount of $25,000 for the removal of the Communications antenna. Said performance bond shall remain in place until the communications antenna is removed.

Every communications antenna and/or accessory equipment in the public street right-of-way is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Township's actual public street right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public street right-of-way management activities by the Township. The owner of each communications antenna and/or accessory equipment shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual public street right-of-way management fee for communications antennas and/or accessory equipment shall be determined by the Township and authorized by resolution of the Board of Supervisors and shall be based on the Township's actual public street right-of-way management costs as applied to such communications antenna and/or accessory equipment.

§ 340-64 Conservation cluster developments.

The Township reserves the right to waive any of the requirements of this § 340-63.1B.

Within the (C) Zone, conservation cluster developments are permitted by conditional use, subject to the following criteria:

The minimum area devoted to a conservation cluster development shall be 20 acres.

All dwelling units contained within a conservation cluster development shall be connected to, and served by both public sewer and public water utilities.

The maximum permitted density of a conservation cluster development shall be one dwelling unit per acre; however, a 10% density bonus shall be available to applicants who design and construct linear paths that fully integrate the "developed" areas of the site with the common open spaces. Such density bonus shall be awarded solely at the discretion of the Board of Supervisors through the conditional use review process. Any linear path proposed shall consist of an all-weather durable surface that is at least six feet wide, with average slopes no more than 5% and maximum slopes of 15%. The ownership and maintenance responsibilities for such linear paths shall be governed by the same options as those expressed for common open spaces in § 340-43B of this chapter.

Residential design standards.

					Minimum Required Yards
Use	Minimum Lot Area(square feet)	Maximum Permitted Height (feet)	Minimum Lot Width at Building Setback/(Street Frontage) (feet)	Maximum Lot Coverage	Front³ (feet)	One Side (feet)	Both (Sides) (feet)	Rear (feet)
Single-family detached dwelling	6,000	35	60/(50)	50%	25	6²	12	15
Duplexes	4,000 per unit	35	45 per unit/(40 per unit)	60%	25	10	N/A	15
Townhouses¹	1,800 per unit	35	18 per unit/(18 per unit)	75%	25	15	(End units)	20
Accessory uses	N/A	15	N/A	Same	Not permitted in front yard⁴	5	N/A	5

NOTES:
¹	No townhouse building shall contain more than eight units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following separation distances will be provided between each building:
	(a)	Front to front, rear to rear or front to rear parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	(b)	A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	(c)	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
	(d)	All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.
²	Within a conservation cluster development, single-family detached dwellings may employ a zero-lot-line design when the following conditions have been satisfied:
	(a)	One side wall of the structure may be located no less than one inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be at least 12 feet wide.
	(b)	A perpetual four-foot wall-maintenance easement shall be provided on the lot adjacent to the zero-lot-line which, with the exception of freestanding walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners.
	(c)	Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area.
	(d)	The wall of a dwelling located along the zero-lot-line shall have no openings (e.g., windows, doors, air conditioning units, vents, etc.), unless such openings are located at least eight feet above grade, and have translucent panels.
³	If the property abuts an arterial road, the minimum front yard setback shall be 40 feet from the right-of-way line.
⁴	Accessory detached garages are permitted within the front yard, so long as they comply with the minimum front yard setback imposed upon principal uses.

At least 75% of any conservation cluster development shall be devoted to common open space. The location and design of required common open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site. Qualified experts must identify, describe and plot each of the following found on the proposed site:

One-hundred-year floodplains.

Steep slopes (greater than 15%).

Wetlands, streams, ponds or other water bodies.

Sinkholes, caves, vistas or other significant geologic features.

Threatened or endangered species habitats.

Archaeologic resources.

Historic resources.

§ 340-66 Drive-through and/or fast-food restaurants.

Significant stands of mature trees.

From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the development minimizes disturbance of these features, and/or integrates them within the development scheme so as to ensure the protection of their integrity. Should any common open space be proposed in areas that are not characterized by any of the aforementioned sensitive or valuable resources, such common open space shall be designed so as to provide usable play and park amenities that are conveniently accessible to residents of the conservation cluster development and the Township.

The ownership and maintenance of common open space shall be governed by § 340-43B of this chapter.

§ 340-65 Conversion apartments.

[Amended 4-21-2010 by Ord. No. 244]

Within the (MU and LC) Zones, conversion apartments shall be permitted by conditional use, and within the (VO) Zone, the conversion of an accessory building of an owner-occupied single-family dwelling into one dwelling is permitted by special exception, subject to the following:

The minimum lot area shall be 10,000 square feet.

Within the (MU and LC) Zones, only one apartment may be added within a single-family detached dwelling that existed on the effective date of this chapter.

[Amended 4-21-2010 by Ord. No. 244]

The application shall furnish evidence that an approved system of water supply and sewage disposal shall be used.

No modifications to the external appearance of the building (except fire escapes), which would alter its residential character, shall be permitted.

The site shall contain no less than four off-street parking spaces.

If the conversion apartment is located on a second or third story, it shall have its own exterior means of escape to ground level.

The applicant shall obtain any required land development approvals.

[Amended 2-19-1997 by Ord. No. 175; 4-21-2010 by Ord. No. 244]

Within the (LC and CC) Zones, drive-through facilities and/or fast-food restaurants are permitted by conditional use, subject to the following criteria:

The subject property shall front on and gain access from an arterial or collector road.

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

All drive-through window lanes shall be clearly designated from the parking lot's interior drives by a curb, landscape island or painted lane.

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.

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

No part of the subject property shall be located within 200 feet of any residentially zoned land.

A traffic impact study (TIS) shall be prepared and submitted which meets the requirements of § 285-14 of Chapter 285, Subdivision and Land Development. In addition to meeting the requirements of § 285-14 of Chapter 285, the TIS must conclude, based upon currently accepted traffic engineering practices and procedures, that the drive-through facility will not adversely impact motorized and non-motorized traffic flow within the subject property or on adjoining streets; if it concludes otherwise, the Applicant will make all improvements necessary so as not to adversely impact traffic flow within the subject property or on adjoining streets.

§ 340-67 ECHO housing.

Within the (A) Zone, ECHO housing is permitted by special exception, subject to the following criteria:

The elder cottage shall be of portable construction and may not exceed 900 square feet of floor area.

The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum lot coverage requirement for the respective zone.

The elder cottage shall only be occupied by at least one person who is at least 50 years old, handicapped or disabled, and is related to the occupants of the principal dwelling by blood, marriage or adoption.

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

Utilities.

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

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

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

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

The elder cottage shall be removed from the property within three months after it is no longer occupied by a person who qualifies for the use.

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

§ 340-68 Family day-care facilities.

[Amended 2-19-1997 by Ord. No. 175]

Within the (R-E, R-2 and MU) Zones, family day-care facilities are permitted by special exception, and within the (VO) Zone, family day-care facilities are permitted by conditional use, subject to the following criteria:

All family day-care facilities shall be conducted within a detached single-family dwelling.

A family day-care facility shall offer day-care supervision to no more than six individuals during any calendar day.

All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.

An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residentially zoned property. A four- to six-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a tree(s) or pavilion.

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

§ 340-69 Farm occupations.

Within the (A) Zone, farm occupations may be permitted by special exception if the proposed use is accessory to the principal agricultural use of the property, and subject to the following standards:

For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use.

No more than the equivalent of two nonresidents shall be employed by the farm occupation, and at least one owner of the farm occupation must reside on the site.

The use must be conducted within one completely enclosed building. Where practicable the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings, or must be no less than 100 feet from any adjoining roads or properties.

All parking and loading areas shall be screened from adjoining roads and properties.

Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued.

No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 300 feet of any land within a residential zone. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line.

The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any access drive serving the farm occupation and the farm shall not be calculated as land serving the farm occupation.

No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.

Any sign used for a farm occupation shall not exceed 10 square feet in size.

For farm parcels of up to 50 acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted, except as permitted by § 340-93, Resident owner subdivisions.

§ 340-70 Farm related businesses.

[Amended 2-19-1997 by Ord. No. 175]

Within the (A) Zone, farm related businesses are permitted by conditional use, subject to the following standards:

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

Sales or repair of agricultural equipment.

Blacksmith shops, farriers.

Butcher shops.

Grain mills.

Processing of locally produced agricultural products.

Veterinary offices which primarily treat farm animals, stables, kennels.

Feed supply, fuel and fertilizer distributors.

Composting and other farm waste storage facilities, exclusive of septage and/or spent mushroom compost processing.

The farm related business shall occupy no more than two acres. The applicant shall show that the size of the site is the minimum needed to conduct the farm related business.

The design of a farm related business shall be governed by the design standards for the Industrial Zone as listed in § 340-18D, E, F and G, except as follows:

The maximum lot coverage shall be 40%.

No part of a farm related business shall be within 300 feet of any land within a residential zone.

All farm related businesses shall front on and gain access from an arterial or collector road.

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

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

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

§ 340-71 Flea and/or farmers markets.

[Amended 4-21-2010 by Ord. No. 244]

Within the (LC and CC) Zones, flea and/or farmers markets arc permitted by special exception, subject to the following criteria:

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

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

Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 340-35 of this chapter.

Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in § 340-36K of this chapter.

All outdoor display and sales of merchandise shall cease no less than one hour prior to dusk.

Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.

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

§ 340-72 Funeral homes.

[Amended 2-19-1997 by Ord. No. 175; 4-21-2010 by Ord. No. 244]

Within the (LC, CC and MU) Zones, funeral homes are permitted by special exception subject to the following criteria:

Public sewer and water facilities shall be utilized.

Sufficient off-street parking shall be provided to prevent traffic back-ups onto adjoining roads.

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

§ 340-73 Golf courses.

[Amended 2-19-1997 by Ord. No. 175]

Within the (RE, R-1 and R-2) Zones, golf courses are permitted by conditional use, subject to the following criteria:

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

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

Each crossing shall be perpendicular to the traffic movements.

Only one street, access drive or driveway may be crossed at each location.

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

The crossing must be provided with a clear sight triangle, as regulated in § 340-33 of this chapter.

Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 285-27L of Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick.

The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.

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

Golf path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit ongrade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.

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

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

Clubhouse, which may consist of:

Restaurant, snack bar, lounge and banquet facilities.

Locker and rest rooms.

Pro shop.

Administrative offices.

Golf cart and maintenance equipment storage and service facilities.

Guest lodging for those using the golf course, provided:

No lodging units have separate exterior means of ingress/egress.

All lodging units shall be contained within the main clubhouse.

Such guest lodging shall have a total occupancy of no more than 20 persons.

Fitness and health equipment, including workout machines, spas, whirlpools, saunas and steamrooms.

Game rooms, including card tables, billiards, ping-pong and other similar table games.

(i)

Baby-sitting rooms and connected fence-enclosed playlots.

Accessory recreation amenities located outside of a building, including:

Driving range, provided that no lighting is utilized.

Practice putting greens.

Swimming pools.

Tennis, platform tennis, handball, racquetball, squash, volleyball and badminton courts.

Boccie ball, croquet, shuffleboard, quoits, horseshoe pits and washers courses.

Picnic pavilions, picnic tables, park benches and barbecue pits.

Hiking, biking, horseback riding and cross-country ski trails.

Playground equipment and playlot games, including 4-square, dodgeball, tetherball and hopscotch.

§ 340-75 Heavy equipment sales, service and/or repair facilities.

Freestanding maintenance equipment and supply buildings and storage yards.

All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.

All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.

§ 340-74 Health and fitness clubs.

[Amended 4-4-2001 by Ord. No. 199; 4-21-2010 by Ord. No. 244]

Within the (LC) Zone, health and fitness clubs are permitted by special exception, and within the (CC and I-2) Zones, they are permitted by conditional use, subject to the following criteria:

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

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines, and 100 feet from any residentially-zoned properties.

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

The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

Within the (I-1) Zone, heavy equipment sales, service and/or repair service facilities are permitted by conditional use, subject to the following criteria:

All service and/or repair activities shall be conducted within a wholly-enclosed building.

All uses involving drive-through service shall provide sufficient onsite stacking lanes to prevent vehicle back-ups on adjoining roads.

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

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

Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining residentially-zoned property.

All vehicles shall be repaired and removed promptly from the premises.

§ 340-76 Heavy industrial uses.

Within the I-1 Zone, heavy industrial uses are permitted by conditional use, subject to the following criteria:

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

The nature of the onsite processing operations, the materials used in the process, the products produced and the generation and methods for disposal of any by-products. In addition the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

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

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances including, but not limited to, those of § 340-42 of this chapter.

§ 340-77 Home improvement and building supply stores.

A traffic study prepared by a professional traffic engineer, according to § 340-44 of this chapter.

[Amended 2-19-1997 by Ord. No. 175; 4-21-2010 by Ord. No. 244]

Within the (CC) Zone, home improvement and building supply stores are permitted by special exception, and within the (LC and I-1) Zones, they are permitted by conditional use, subject to the following criteria:

If the subject property contains more than two acres, it shall front on and gain access from an arterial or collector road.

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

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

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

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

The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site.

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

The applicant shall submit a traffic study as governed by § 340-44 of this chapter.

§ 340-78 Home occupations.

[Amended 2-19-1997 by Ord. No. 175; 10-17-2007 by Ord. No. 229; 2-18-2009 by Ord. No. 237; 4-21-2010 by Ord. No. 244]

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

The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes.

Only residents of the dwelling may be engaged in the home occupation use.

No more than one home occupation may be located in any dwelling unit.

The home occupation shall not alter the appearance of the building as a dwelling unit.

No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes.

No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises or sales which are clearly accessory to an approved home occupation barbershop, beauty salon, or similar personal service.

[Amended 6-16-2021 by Ord. No. 296]

No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress.

No goods shall be displayed so as to be visible from the exterior of the premises.

Home occupations shall be limited to not more than 25% of the floor area of the dwelling unit.

An accessory building or structure can be utilized as the location for a home occupation, provided that said area shall be included in the total area permitted for a home occupation use.

In addition to the required parking spaces for the dwelling unit, one parking space per potential patron on site at one time shall be provided and designed in accordance with the provisions of § 340-35 of this chapter.

Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to two square feet in display area, including all sides of the sign.

The applicant shall submit evidence of all applicable state and federal approvals.

§ 340-79 Hospitals.

[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199]

Within the CC and I-2 Zones, hospitals are permitted by conditional use, subject to the following criteria:

In addition to the criteria stated in § 340-131, the applicant establishes by credible evidence compliance with the following:

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

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

All applications shall contain no less than five contiguous acres. However, applications that expand previously approved hospitals shall have no minimum area requirements.

The subject property shall front on and gain access from an arterial or collector road.

Adequate provision shall be made to minimize disturbance of the natural features including, but not limited to, floodplains, slopes greater than 15%, wetlands, bodies of water, significant geologic features, threatened or endangered species' habitats, archaeological resources, historic resources and significant stands of mature trees.

Adequate provisions for establishing and maintaining a campus or park-like character.

Submission of concept plan. In lieu of the information required in § 340-131A, the conditional use application shall include the following components of a concept plan:

A graphic and/or textual description of the types, mixture and intensity of proposed uses, along with a schematic drawing showing their general locations.

A graphic and/or textual description of the various phases, including an anticipated build-out schedule, and a general description of the public improvements that would be tied to each phase.

A traffic study prepared, according to § 340-44 of this chapter.

A graphic and/or textual description of the public and/or private improvements including, but not limited to, stormwater management devices, streets, open space, ponds, outdoor furniture; pathways, signage, lighting, landscaping, etc.

Certified statements by qualified design professionals indicating the measures incorporated in the concept plan to minimize the impact upon the physical characteristics listed in Subsection A(5) of this chapter.

A textual description of how the proposed use complies with the requirements of this section.

Names and addresses of adjoining property owners, including properties directly across a public right-of-way.

Concept plan approval. Any concept plan presented in support of this conditional use shall become an official part of the record for said conditional use. Approval of any conditional use will also bind the use in accordance with the concept plan; therefore, should a change in the concept plan be required as part of the approval of the use, the applicant shall revise the concept plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved concept plan, shall require the obtainment of another conditional use approval.

Subsequent revisions within the hospital development. Except as provided below, the subdivision and/or land development plan must be consistent with the design plans presented as part of the conditional use application. Minor design revisions are permitted by right, provided the Board of Supervisors determines that the revision does not:

Violate any design standards specifically imposed upon the use and its site.

Violate any conditions attached to the original approval of the conditional use.

Substantially change the impact of the hospital.

Specific standards and criteria. Concept plans and subsequent subdivision and/or land development plans shall conform with the following standards and criteria:

Permitted uses.

Hospitals.

Intermediate care and skilled nursing facilities.

Medical and dental offices.

Outpatient health services including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers and outpatient clinics and patient care facilities.

Health and fitness clubs.

Adult and child day-care centers.

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

Administrative offices.

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

Automobile parking lots and parking garages.

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

[5]

Lodging facilities for patients and their families.

[6]

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

[7]

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

[8]

Commercial schools [see Subsection J(1)].

[9]

Helistop [see Subsection J(2)].

[10]

Incinerators and autoclaves [see Subsection J(3)].

Lot area and width requirements. Although the application for conditional use shall contain not less than five acres, individual uses within the hospital area shall not be required to meet minimum lot area and width standards.

Maximum lot coverage: 60%.

Minimum setback requirements.

Front yard setbacks. All buildings, structures (except permitted signs), off-street loading areas, dumpsters and outdoor storage areas shall be set back from the street right-of-way at least 100 feet from limited access and/or arterial streets, and 75 feet from other streets. All parking lots shall be set back at least 20 feet from any adjoining right-of-way.

Side and rear yard setbacks. All buildings, structures (except permitted signs), off-street loading areas, dumpsters and outdoor storage areas shall be set back at least 50 feet from any side or rear property line. All off-street parking lots shall be set back at least 20 feet from any side or rear lot line. However, no side or rear yard shall be required between adjoining uses that are connected by passageways, corridors or common areas; provided, that the use of such connection is for the benefit of the owners of such adjoining uses or their respective patients, employees and visitors by cross easements.

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

Maximum permitted height. Ninety feet, provided all structures are set back a horizontal distance equal to their height from each property line and/or street right-of-way. Furthermore, each building shall be set back two feet from the (R-1) and/or (R-2) Zones for every foot of structural height over 45 feet.

Waste products. All dumpsters shall be set back a minimum of 100 feet from any adjoining residentially zoned properties; screened from adjoining roads or properties; and, completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate. All uses shall comply with § 340-26D of this chapter.

Specific requirements for selected accessory uses.

Commercial schools. The school curricula shall be exclusively health care related which is intended to prepare enrolled students for careers in health care, nursing schools and other allied health technology training programs. The education programs shall be conducted by or affiliated with other permitted health care related uses. The school shall be located in one or more buildings in which other permitted uses are located.

Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any residentially zoned property and any street. In the event the helistop use is located on the roof of a building which houses emergency health care services, the minimum setback requirements for the applicable building shall supersede. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards.

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

§ 340-80 Junkyards.

Within the I-2 Zone, junkyards are permitted by conditional use, subject to the following criteria:

The minimum lot area shall be 10 acres.

The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high, sight-tight fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned properties.

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

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

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

All additional federal and state laws shall be satisfied.

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

No material shall be burned at any time.

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

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

All junkyards shall comply with Chapter 190, Junkyards and Junk Dealers, of the Code of the Township of Warwick.

§ 340-81 Kennels.

[Amended 2-19-1997 by Ord. No. 175]

Within the Agricultural Zone (A) and the Rural/Estate Residential Zone (RE), kennels are permitted by special exception, subject to the following criteria:

The minimum lot area shall be 20 acres.

[Amended 5-16-2018 by Ord. No. 281]

All animal shelters, buildings, outdoor stalls and/or runways shall be located within the rear yard.

All animal shelters, buildings, outdoor stalls and/or runways shall be located a minimum of 100 feet from all property lines.

No animals shall be permitted to use outdoor stalls and/or runs that are located within 300 feet of a property line between the hours of 8:00 p.m. to 8:00 a.m.

All runways and outdoor areas to which the animals have access shall be completely enclosed by a six-foot-high fence and gate which shall be installed at least 10 feet from side and rear property lines.

All animal shelters, buildings, parking lots, outdoor stalls and/or runways shall be screened from adjacent properties by a method approved by the Township.

The applicant shall furnish evidence of an effective means of animal waste collection and disposal that shall be continuously implemented.

No area for storage, processing or application of animal waste shall be situated within 300 feet of a street or property line.

The kennel facility shall occupy no more than 3,000 square feet of total gross floor area.

The operation of the kennel shall comply with the Dog Law, Act of December 7, 1982, P.L. 784, No. 225, as amended, 3 P.S. § 459-101 et seq., and all applicable regulations of the Department of Agriculture.

§ 340-82 Medical residential campuses.

[Amended 2-19-1997 by Ord. No. 175]

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

The campus shall primarily serve the needs of retirement aged persons. At least one resident of each household shall be at least 50 years old, or possess some handicap that can be treated within a setting like the medical residential campus.

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

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

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

The minimum land area devoted to the campus shall be 10 contiguous acres.

The site shall front on and gain access from an arterial or collector road; buildings and loading areas and/or other impervious surfaces.

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

The maximum permitted overall density is 18 dwelling units per acre. For purposes of this section, each 1.5 care beds associated with a medical use shall constitute one dwelling unit. No more than 80% of the total number of permitted dwelling units shall consist of care beds.

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

The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for that portion of building height exceeding 35 feet.

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

Off-street parking shall be one space per apartment unit or per cottage unit or one space per three beds plus doctors for nursing and personal care.

Each off-street parking lot shall provide at least 10% of the total parking spaces as those designated for the physically handicapped. (See § 340-35.) Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.

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

Dwellings, nursing homes and congregate living facilities for the elderly or physically handicapped.

Medical facilities including offices, laboratories, clinics, professional or paramedical training centers and ambulatory care facilities.

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

Recreational and social uses, such as athletic facilities, community centers and assembly halls, limited to use only by campus residents, employees or their guests.

The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.

§ 340-83 Mini-warehouses.

[Amended 4-4-2001 by Ord. No. 199; 4-21-2010 by Ord. No. 244]

Within the (LC and CC) Zones, mini-warehouses are permitted by special exception, and within the (I-1) Zone, they are permitted by conditional use, subject to the following criteria:

Off-street parking spaces shall be provided according to the schedule listed in § 340-35H of this chapter.

Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane.

Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.

All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.

An onsite manager shall be required to be on the site on a full-time basis and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed within the (R-2) Zone, and shall be entitled to all residential accessory uses provided in this chapter.

Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.

No door openings for any mini-warehouse storage unit shall be constructed facing any residentially zoned property.

Prohibited uses in mini-warehouses.

Mini-warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:

Auctions, commercial wholesale or retail sales, or garage sales.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

The establishment of a transfer and storage business.

Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

§ 340-87 Noncommercial keeping of livestock.

The applicant shall adequately demonstrate that all mini-warehouses rental and/or use contracts shall specifically prohibit these uses.

§ 340-84 Mixed uses.

[Amended 2-19-1997 by Ord. No. 175]

Within the (MU) Zone, those uses listed in § 340-16E of this chapter shall be permitted by conditional use, subject to the following criteria and any other criteria specifically attached to the respective uses and:

The applicant shall demonstrate those measures employed to incorporate the design features listed in § 340-16R of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Township to facilitate such a design.

§ 340-85 Mobile home parks.

Within the (R-2) Zone, mobile home parks are permitted by conditional use, subject to the following criteria:

A mobile home park shall contain a minimum of five acres of which no more than 40% can be covered with impervious surfaces.

All mobile home parks shall be served by public water and public sanitary sewer facilities.

Maximum density in a mobile home park shall be five units per acre.

All mobile home lots or areas shall contain at least 4,250 square feet.

Each mobile home lot shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two side yards of 10 feet each. In no case shall the distance between any two mobile homes be less than 25 feet (these setbacks shall also apply to mobile home park office, service, utility or other buildings).

All mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 50 feet wide. Such width shall be measured from adjoining property and rights-of-way lines.

Each mobile home shall be placed on a minimum six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support. Each pad shall include properly designed utility connections. Protective skirting shall be placed around the area between the pad and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, to allow the creation of a fire hazard or to expose unsightly conditions.

Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet of bituminous or concrete surface, which shall be located on the mobile home lot. If onstreet parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged and located so that the spaces are within 300 feet walking distance to any unit served. Access to all parking spaces shall be limited to interior roads of the mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.

Interior mobile home park roads with no onstreet parking shall be paved with an all-weather, dust-free surface at least 24 feet wide. An additional width of 10 feet shall be provided for each lane of onstreet parking.

Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes, and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side or rear yard, and, in every case, shall substantially conform in style, quality, and color to the existing mobile homes.

There shall be a minimum of 25% of the gross acreage of the mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or the operator neglect to maintain the designated recreational areas, as depicted on the plan, the Township may then maintain said areas and assess the landowner for any costs incurred.

A visual screen shall be placed along the mobile home park boundaries that adjoin other residentially zoned properties. Such screen can consist of sight-tight fencing, vegetative materials or earthen berms that are so arranged to effectively block the views from ground level on adjoining properties. Screening shall be provided between ground level and at least a height of six feet. If sight-tight fencing is used, it shall not encompass more than 50% of the total surface area of the required screen.

All mobile home parks shall conform to Chapter 202, Mobile Homes and Mobile Home Parks, of the Code of the Township of Warwick.

§ 340-86 Nightclubs.

Within the (CC) Zone, nightclubs are permitted by conditional use, subject to the following criteria:

No part of the subject property shall be located within 200 feet of any residentially zoned land.

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

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

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

[Amended 2-19-1997 by Ord. No. 175]

Within the (A, C, RE and R-1) Zones, noncommercial keeping of livestock is permitted by special exception, subject to the following criteria:

The minimum lot area shall be three acres, except that the keeping of a "working horse" (e.g., a horse used as the principal mode of transport for the occupants of the property) shall require no less than one acre per horse. The keeping of a combination of animal types (Group 1, 2 and 3) shall be limited to an animal density equal to the ratio of the number of animals, by type. In no case shall a lot contain more than 50 total animals. The following list specifies additional area requirements by size of animals kept:

Group 1. Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre, with a maximum number of 50 animals.

Group 2. Animals whose average adult weight is between 10 and 65 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals.

Group 3. Animals whose average adult weight is greater than 65 pounds shall be permitted at an animal density of one per acre. No more than five Group 3 animals are permitted.

The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply:

Group 1 Animals.

Up to 25 animals, a twenty-five-foot setback.

Above 25 animals, a fifty-foot setback.

Group 2 Animals.

Up to two animals, a fifty-foot setback.

Above two animals, a seventy-five-foot setback.

Group 3 Animals.

§ 340-88 Nursing, rest or retirement homes.

Seventy-five feet.

All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.

All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; such fencing must be set back at least 10 feet from all property lines.

All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

[Amended 2-19-1997 by Ord. No. 175; 4-21-2010 by Ord. No. 244; 3-18-2015 by Ord. No. 269]

Within the (R-2 and CC) Zones, nursing, rest or retirement homes are permitted by special exception, and within the (MU, LC and I-2) Zones, they are permitted by conditional use, subject to the following criteria:

The minimum lot area shall be two acres, provided that within the (I-2) Zone the maximum lot area for a nursing, rest or retirement home shall be 12 acres.

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

Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands or lands within the (MU) Zone.

At least 10% of required parking spaces shall be designed for handicapped persons as prescribed in § 340-35H of this chapter.

No more than 27 care beds per acre shall be permitted, provided that within the (I-2) Zone the maximum number of residents in a nursing, rest or retirement home shall be 150.

Maximum lot coverage shall not exceed 60% subject to the requirements for the purchase of transferable development rights.

The subject property shall front on and gain access from an arterial or collector road.

Within the (I-2) Zone, all of the dwelling units, apartments, congregate living facilities, or residents' rooms shall be functionally, physically and architecturally part of a single building located within a campus or park-like development on a single lot. The applicant shall demonstrate that provisions shall be made to insure that the subject property shall be maintained with a campus or park-like character including, but not limited to, notes on the land development plan.

§ 340-89 Public, private, commercial and vocational and mechanical trade schools.

[Amended 4-4-2001 by Ord. No. 199]

Within the (CC) Zone, public and private schools (excluding vocational and mechanical trade schools) are permitted by special exception; within the (A), (R-1) and (R-2) Zones, public and private schools (excluding vocational and mechanical trade schools) are permitted by conditional use and within the (I-2) Zone, public schools, private schools, commercial schools and vocational and mechanical trade schools are permitted by conditional use, all subject to the following criteria:

All off-street parking lots shall be set back 25 feet and screened from adjoining property lines.

All buildings shall be set back at least 100 feet from any adjoining land within a residential zone.

If education is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such a shade tree(s) or pavilion(s). Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

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

Within the (A) Zone, schools shall only offer education through grade eight and no school shall contain more than two acres of lot area.

§ 340-90 Public uses.

Within the (A) Zone, public uses are permitted by special exception, subject to the following standards:

The applicant must demonstrate that the proposed location within an (A) Zone is necessary for public service and convenience and that the use cannot be supplied with equal effectiveness, if located elsewhere.

The applicant must demonstrate that the amount of land within the proposed use is the minimum necessary to effectively serve the use and comply with all applicable standards of § 340-11.

That the land within the proposed use is not Class I, II or III prime agricultural soils, as delineated by the latest version of the USDA Lancaster County Soil Survey.

§ 340-91 Quarries and other extractive related uses.

[Amended 11-19-1997 by Ord. No. 178]

Within the (Q) Zone, quarries and other extractive related uses are permitted by conditional use, subject to the following criteria:

General. Quarry operations:

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

May not adversely affect any public or private water supply source.

May not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township.

May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners.

May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.

Must demonstrate compliance with all applicable state regulations at all times.

Site plan requirements. As a part of each application the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2,400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

The boundaries of the proposed land affected, together with the drainage area above and below the area.

The location and names of all streams, roads, railroads and utility lines on or immediately adjacent to the area.

The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants.

The purpose for which each building is used.

The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.

Minimum lot area: 50 acres.

Fencing. A fence measuring at least eight feet in height must enclose the area of actual quarrying. If a chain link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the quarry.

Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive related uses from adjoining and/or nearby uses:

Quarry-Related Feature	Existing Residence (feet)	Existing Nonresidential Building (feet)	Residential Zone (feet)	Adjoining Road (feet)	Public/ Nonprofit Park (feet)	Cemetery or Stream Bank (feet)	Adjoining Property (feet)
Stock piles of spoil piles	300	300	1,000	100	300	100	100
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.)	300	300	1,000	100	300	100	100
Quarry pit	300	300	1,000	100	300	100	100
Onsite access roads and off-street parking, loading and vehicle storage and weighing facilities	300	300	500	100	300	100	100
Other operational equipment, structures and/or improvements	300	300	500	100	300	100

Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads, as identified on the Official Zoning Map.[1]

All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.

	Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	425
	50	475
	55	550

All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

In general, access drives shall intersect public streets at 90° as site conditions permit, however in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

Editor's Note: The Zoning Map is on file in the Township offices.

Traffic impact. The applicant shall furnish a traffic study prepared by a professional traffic engineer, as outlined in § 340-44 of this chapter.

Reclamation. The applicant shall demonstrate compliance with § 7.(c) of the Noncoal Surface Mining Conservation and Reclamation Act, as may be amended. The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.

Screening. Where the proposed use adjoins a Residential Zone, an existing residence and/or a public road, screening shall be provided. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of and/or noise, dust, smoke, etc., generated by the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. In addition, a landscape screen shall consist of evergreen shrubs and trees arranged to form both a low level and a high level screen within a strip of land with a minimum width of 10 feet. The high level screen shall consist of evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low level screen shall consist of evergreen shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be permanently maintained.

Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all of the following:

The name or number of the operation.

The location of the operation with reference to the nearest public road.

A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.

The name and address of the landowner or his duly authorized representative.

An annual report of the type and quantity of mineral produced.

The current status of the reclamation work performed in pursuance of the approved reclamation plan.

A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.

§ 340-92 Recycling stations for paper, plastic, glass and metal products.

Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.

[Amended 4-4-2001 by Ord. No. 199]

Within the (I-1) Zone, recycling of paper, plastic, glass and metal products is permitted by conditional use, subject to the following criteria:

All operations, including collection shall be conducted within a wholly enclosed building.

There shall be no outdoor storage of materials processed, used or generated by the operation.

The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust and litter.

The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.

§ 340-92.1 Renewable energy systems.

[Added 7-20-2011 by Ord. No. 248]

It is the purpose of these regulations to promote the safe, effective and efficient use of renewable energy systems to reduce the consumption of utility-supplied energy, heat, hot water, or any combination of the above, while protecting the health, safety and welfare of the citizens of the Township, and while protecting adjacent land uses through appropriate zoning and land-use controls. Renewable energy systems include, but are not limited to, geothermal, solar, and wind energy systems; as well as manure digesters and outdoor wood-fired boilers (OWBs). Where general standards and specific criteria conflict, the specific criteria shall supersede the general standards.

Geothermal energy systems shall be permitted in all zoning districts, subject to the following regulations:

[Amended 5-7-2014 by Ord. No. 263]

Accessory use. A geothermal energy system shall be permitted by right in all zoning districts as an accessory use.

Design and permitting. The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to all applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application. A zoning permit and building permit, under the Pennsylvania Uniform Construction Code, shall be required.

Permitted types. Only the following types of geothermal energy systems shall be permitted:

Closed horizontal loop;

Closed vertical loop; and

Open horizontal loop systems relying upon injection wells or watercourses.

Wellhead protection areas. All geothermal energy systems, due to their potential for contaminating, via surface water, the groundwater supplies upon which the residents of Warwick Township depend, shall be prohibited from construction and use within Zone 1 of the designated wellhead protection area. Within Zone 2 of the designated wellhead protection area, geothermal systems are limited to closed-loop systems as defined within this section. [Note: A map of the designated wellhead protection areas, Zones 1 and 2 as established by the WTMA, may be obtained from the WTMA office or the Township's website.]

Karst geology and sinkholes. Recognizing that Warwick Township is a region rich in karst geology and prone to the formation of sinkholes, all applicants for geothermal energy systems shall acknowledge, and by virtue of the application for and installation of a geothermal energy system agree to, the following:

In all situations when boreholes or trenches are (or have been) excavated, or natural conditions have otherwise been disturbed (such as through the withdrawal of groundwater in an open-loop system), the likelihood of sinkhole formation increases;

The applicant (or subsequent owner) accepts all responsibility and liability for any sinkholes that do form in association with the applicant's geothermal energy system; and

The applicant (or subsequent owner) agrees to repair any and all sinkholes that form in association with the geothermal energy system.

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the geothermal energy system shall comply with all accessory setbacks for the district in which the system is installed.

Setback requirements. Unless otherwise specified, geothermal systems shall be set back a minimum distance of 25 feet from any property line.

Potential pollution sources. Geothermal boreholes or trenches (in the case of horizontal loop systems) shall be set back a minimum of 100 feet from on-lot sewage disposal systems or potable wells.

Closed-loop geothermal systems. The following regulations shall apply to all closed-loop geothermal systems:

Permitted fluids. Unless otherwise specified, for all closed-loop geothermal systems relying upon circulating fluids, the heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic antifreeze, such as propylene glycol added, as defined within this ordinance. A permanent sign must be attached to the heat pump specifying that only approved heat-transfer fluids can be used.

Horizontal systems maximum depth. All closed horizontal loop systems shall be no more than 20 feet deep.

Geothermal heating and/or cooling system vertical heat exchange boreholes containing loop pipes shall be tremie grouted for the total depth of the borehole utilizing the IGSHPA Manual Grouting Procedure for Ground Source Heat Pumps.

Construction standard. All materials and construction practices shall conform to all applicable industry standards for closed-loop geothermal heat pump systems, such as, but not limited to, standards for pressure testing, heat transfer fluids, etc. All materials and construction practices shall effectively prevent contamination of groundwater.

The assembled loop system shall be pressure tested with water at 100 psi (690 kPa) for one hour with no observed leaks before connection (header) trenches are backfilled. Flow rates and pressure drops shall be compared to calculated values. If actual flow rate or pressure drop figures differ from calculated values by more than 10%, the problem shall be identified and corrected.

The applicant shall be required to submit complete specifications for the entire system (including well drilling and grouting procedures). In Zone 2, the project shall be reviewed and requires approval by the Township (Zoning Department or Township's Engineer) and a certified geologist as part of the permit process.

In Zone 2, no drilling or grouting shall be performed without inspections by the Township's inspection department or Township Engineer and a certified geologist. A twenty-four-hour notice is required prior to starting the project, and to schedule inspections.

Discharge of water:

Discharge of water from drill boreholes into sanitary sewer systems shall be prohibited, except upon approval by the Warwick Township Municipal Authority.

Discharge of water from drilling boreholes into storm sewers, neighboring properties and onto roads, shall not be permitted.

Discharge of water from drilling boreholes into a watercourse shall comply with all federal, state, county and Township laws and regulations.

Open-loop geothermal systems. The following regulations shall apply to all open-loop geothermal systems:

Water extraction:

Watercourses. Open-loop systems may utilize a watercourse to the extent permissible under federal, state, county and Township laws and regulations.

Groundwater. All open-loop systems which extract water from groundwater sources shall comply with extraction limitations set for potable water wells under federal, state, county and Township laws and regulations. Installation requirements for extraction wells shall be the same as those for potable water wells, with respect to those regulations designed to prevent aquifer contamination (grouting, etc.), or in conformance with IGSHPA standards, as determined by the Township Engineer.

Discharge of water:

Discharge of water from open-loop systems into sanitary sewer systems shall be prohibited, except upon approval by the Warwick Township Municipal Authority.

Discharge of water from open-loop systems into storm sewers, neighboring properties and onto roads shall not be permitted.

Discharge of water from open-loop systems into a watercourse shall require certification by a licensed professional engineer registered by the Commonwealth of Pennsylvania that the condition of the watercourse is such that the watercourse can be expected to retain its capacity to meet the needs of the geothermal system over the lifetime of the system and of any other water discharges for which it is used.

Discharge of water from open-loop systems into a watercourse shall comply with all federal, state, county and Township laws and regulations.

Underground injection of water. Underground injection of water from an open-loop system shall be subject to the following conditions:

Returned water shall contain no treatment additives or other introduced chemicals.

The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.

The return well shall be located a minimum distance of 100 feet from the on-site well.

The return well shall recharge the groundwater from which supply water is extracted.

[5]

Because such return wells are included as "Class V underground injection wells," the applicant shall submit an "inventory of injection wells" form, available from the U.S. Environmental Protection Agency, and shall comply with all federal, state, county and Township laws and regulations.

Abandonment or disrepair. If the geothermal energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove, permanently seal, or properly maintain the geothermal energy system within six months from the date the system enters such a state.

Decommissioning. Any earth disturbance as a result of the removal or permanent sealing of the geothermal energy system shall be graded and reseeded.

Outdoor wood-fired boilers, also known as OWBs or outdoor hydronic heaters, shall be permitted in the Agricultural (A) and Rural Estate (RE) Zones, subject to the following regulations:

Accessory use. OWBs shall be permitted by right as accessory uses and accessory structures in only the Agricultural (A) and Rural Estate (RE) Zones.

Design and permitting. The design and installation of OWBs shall conform to all applicable industry standards, including those of the U.S. Environmental Protection Agency (EPA), American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application. A zoning permit and building permit, under the Pennsylvania Uniform Construction Code, shall be required.

Compliance with other regulations. The owner of the OWB shall provide evidence indicating that the maintenance and operation of the OWB will be in compliance with the operations and performance standards of this ordinance[1] (see §§ 340-25 and 340-42), as well as in compliance with all air emissions quality standards promulgated by the U.S. Environmental Protection Agency (EPA), PA DEP, or other relevant state or federal agency including emissions of dust and particulates.

Editor's Note: "This ordinance" refers to Ord. No. 248, adopted 7-20-2011.

Setback requirements. All OWBs shall be located a minimum distance of 150 feet from any property line, street right-of-way, or any inhabited dwelling not located on the lot on which the OWB is proposed.

Stack. All OWBs shall have a permanent attached stack. The minimum height of all stacks shall be 20 feet above the ground and otherwise installed according to the manufacturer's specifications.

Abandonment or disrepair. If the OWB is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the OWB within six months from the date the system enters such a state.

Solar energy systems shall be permitted, subject to the following regulations:

Accessory uses. A solar energy system shall be permitted by right in all zones as a permitted accessory use. A system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on-site use. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement. When a provision below does not specifically refer to either accessory or principal uses, it shall apply to both.

Minimize impacts. Whenever practical, all accessory solar energy systems shall be attached to a building, or located on an existing impervious surface. If not designed to be attached to the building, the applicant shall demonstrate, to the Zoning Officer by credible evidence, that such systems cannot feasibly be attached to a building due to structural or other limitations of the building.

Principal uses. A solar energy system shall be permitted by conditional use in the Agricultural (A), Industrial (I-1) and Campus Industrial (I-2) Zones as a principal use.

Design and permitting. The design and installation of the solar energy system shall conform to all applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application. A zoning permit and building permit, under the Pennsylvania Uniform Construction Code, shall be required.

Grid interconnection. A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

Transmission lines. All power transmission lines from the solar energy system to any building or other structure shall be located underground, unless it can be demonstrated, to the satisfaction of the Zoning Officer, in consultation with the Township Engineer, that this is infeasible.

Appurtenances. All or any mechanical equipment (appurtenances) associated with and necessary for the operation of the solar energy system shall comply with all accessory setbacks for the zone in which the system is installed.

Glare. Solar collectors shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

Mounting location. A solar energy system may be roof- or ground-mounted (freestanding).

Setback requirements.

Accessory solar energy systems. No part of any accessory solar energy system shall be located within any front yard, along any street frontage, or within any required setback or easement of any property, except as provided for under Subsection C(11)(b).

Principal solar energy systems. Principal solar energy systems shall meet the setback requirements of the underlying zone in which they are located.

Roof-mounted systems:

Under no circumstance shall the solar energy system extend beyond the plane of the roof.

Height exemption for roof-mounted systems. In the I-1, I-2, and CC Zones, a roof-mounted system may exceed, by no more than four feet, the maximum building height or accessory building height (as applicable) specified for the building type in the underlying zone. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

Ground-mounted (freestanding) systems:

Zones. Ground-mounted solar energy systems are prohibited in the R-2 and R-3 Zones. They are permitted in all other zones, subject to the following regulations.

Setback requirements. All accessory ground-mounted solar energy systems must meet all setback requirements for an accessory structure for the zone in which it is installed, shall not be installed within the front yard setback (except in the Agricultural Zone), nor shall be located along any street frontage (except in the Agricultural Zone).

Height limitation for ground-mounted systems:

In the R-1 and RE Residential Zones, no ground-mounted system shall exceed 10 feet in height. In the R-1 and RE Residential Zones, the horizontal length of any ground-mounted system shall not exceed 25% of the length of the side or rear yard on which the system is sited, and no system shall be sited along more than one side or rear yard.

In all other zones, a ground-mounted system may not exceed the maximum building height for accessory buildings.

Impervious coverage. For the purposes of this section, all "at grade" or "above grade" features and facilities relating to ground-mounted solar energy systems, including appurtenances, shall be considered impervious surface and subject to the maximum impervious coverage requirements of the underlying zone, unless the applicant can demonstrate, to the Township Engineer by credible evidence, that stormwater will infiltrate into the ground beneath the solar collection system at a rate equal to that of the infiltration prior to placement of the system.

Lot coverage. The footprint of a ground-mounted system shall be calculated as part of the overall lot coverage, regardless of whether it is determined to be impervious. Furthermore, in the Agricultural (A) Zone, ground-mounted systems shall be limited in coverage to a maximum of 2% of total lot size, or two acres, whichever is less, and shall comply with all applicable agricultural preservation laws, rules, regulations and restrictive covenants. Furthermore, an applicant for ground-mounted systems in the Agricultural Zone shall demonstrate, to the Zoning Officer by credible evidence, that:

The area proposed for the principal solar energy systems does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes; and

Such facilities cannot feasibly be attached to a building due to structural limitations, or inappropriate solar orientation, of the building.

Safety warnings for principal solar energy systems. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences.

Security of principal solar energy systems. All access doors to electrical equipment for principal solar energy systems shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

Abandonment or disrepair. If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state.

Decommissioning. If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

Wind energy systems shall be permitted in all zones, subject to the following regulations:

Accessory uses. Accessory wind energy systems shall be permitted by right in all zoning districts as a permitted accessory use. A system is considered an accessory wind energy system only if it supplies electrical power primarily for on-site use. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.

Principal uses. Principal wind energy systems shall be allowed, by conditional use, in the Agricultural (A), Industrial (I-1), and Campus Industrial (I-2) Zones.

Design and permitting. The design and installation of the wind energy system shall conform to all applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Township Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application. A zoning permit and building permit, under the Pennsylvania Uniform Construction Code, shall be required.

Grid interconnection. A wind energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.

Transmission lines. All power transmission lines from the wind energy system to any building or other structure shall be located underground.

Appurtenances. All or any mechanical equipment associated with and necessary for the operation of the wind energy system shall comply with all accessory setbacks for the zone in which the system is installed.

Height limitations.

Maximum. The maximum height for a wind energy system shall not exceed 85 feet.

Minimum. The minimum height of the lowest position of the wind turbine blade shall be 15 feet above the ground. If the wind turbine proposed is a vertical axis wind turbine (also referred to as a "helix-type" turbine or VAT), the height between the lowest point of the turbine and the ground may be reduced to 10 feet.

Setback requirements. Minimally, all wind energy systems must meet the setback requirements for accessory structures for the underlying zone. Wind energy systems shall be set back a horizontal distance equal to their height from any property line or residential dwelling, excluding any dwelling on the lot on which the wind energy system is located. No wind energy systems shall be installed within the front yard setback nor along any street frontage, except within the Agricultural (A), Industrial (I-1), Campus Industrial (I-2) or Community Commercial (CC) Zones. Additionally, all wind energy systems must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer.

No portion of any accessory wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

Noise limitations. Wind energy systems shall not generate noise which exceeds 55 decibels, or 10 decibels above ambient noise, in any hour, whichever is higher. Noise is measured from the property line of the closest neighboring inhabited structure or nearest habitable structure setback line on any abutting property. The ambient sound measurement, known as "A-weighted sound level," is taken where the noise from the wind turbine cannot be heard, or with the wind turbine shut down. The ambient sound level shall be considered the level that is exceeded 90% of the time when the noise measurements are taken. The 55 decibel or 10 decibel over ambient level may be exceeded during short-term events such as utility outages and/or severe wind storms.

Lot coverage. The footprint of a wind energy system shall be calculated as part of the overall lot coverage. In the Agricultural (A) Zone, wind energy systems shall be limited in coverage to a maximum of 2%, or two acres, whichever is less, and shall comply with all applicable agricultural preservation laws, rules, regulations and restrictive covenants. Furthermore, an applicant for a wind energy system in the Agricultural Zone shall demonstrate, to the Zoning Officer by credible evidence, that the area proposed for the wind energy system does not predominantly consist of Class I, II and/or III soils, as identified in the latest edition of the Lancaster County Soil Survey, and is generally unsuitable for agricultural purposes.

Structural integrity. For any roof-mounted wind energy systems, such as micro-turbine systems or horizontal- or vertical-axis turbines, the applicant must demonstrate, to the Building Code Inspector by credible evidence, that the structural integrity of the structure is such that it can adequately support the system being considered.

Storage structures. When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within the underlying zone.

Limitations for residential uses. In the Village Overlay (VO), Mixed Use (MU), or R-1, R-2 or R-3 Residential Zones, no more than one wind energy system (wind turbine) shall be permitted per lot. A wind energy system made up of a number of adjacent micro-turbine panels is considered one system for the purposes of this chapter.

Braking for principal wind energy systems. All principal wind energy systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual regulation by wind energy system personnel shall not be considered a sufficient braking system for overspeed protection.

Lighting. Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA).

(16)

Colors. Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

(17)

Shadow flicker. All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent properties.

(18)

Climbing. Wind energy systems shall be equipped with an appropriate anticlimbing device, or otherwise made unclimbable, to prevent unauthorized access to the system.

(19)

Advertising and signage. Wind energy systems shall not be used to display advertising, signage, banners or similar materials, with the exception of any manufacturer's labels or warning placards. Such signs shall have an area not to exceed four square feet.

(20)

Safety warnings for principal wind energy systems. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences.

(21)

Security of principal wind energy systems. All access doors to wind turbines and electrical equipment for principal wind energy systems shall be locked or fenced, as appropriate, to prevent entry by nonauthorized personnel.

(22)

Abandonment or disrepair. If the wind energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the wind energy system within six months from the date the system enters such a state.

(23)

Decommissioning. If a wind energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded.

Accessory manure digesters (also known as accessory anaerobic digesters) shall be permitted by right in the Agricultural (A) Zone, subject to the following regulations:

Accessory use. A manure digester shall be considered an accessory use only if it supplies electrical or thermal power primarily for on-site use. When a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company, as long as the electrical power generated is used primarily for on-site use. The owner of the accessory manure digester shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.

Design and installation.

The applicant shall address and document performance standards for siting to minimize impacts on neighboring properties which shall include considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, and specific hours of operation.

Accessory manure digesters shall be designed and constructed in compliance with the applicable guidelines outlined in the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management publication(s), and any revisions, supplements and replacements thereto by the PA DEP.

Accessory manure digesters shall also be designed and constructed in compliance with applicable federal, state, county and Township laws and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application.

A certified professional, qualified to do such, shall furnish and demonstrate compliance with all details of construction, operation, maintenance and necessary controls related to the accessory manure digester.

Lancaster County Conservation District. The applicant shall provide either: 1) a letter from the Lancaster County Conservation District (LCCD) stating that the applicant's accessory manure digester design has been reviewed and approved by the LCCD and that all regulations and requirements of the state manure management program have been satisfied; or 2) submit a letter from the LCCD stating that it will not review the plan or that no review is required under applicable laws and regulations; or 3) submit evidence that such a letter has been requested and that the LCCD has failed to respond within 60 days.

Minimum lot size. The minimum lot size shall be 10 acres.

Geographic range. The maximum radius from which the accessory manure digester can procure its feedstock shall be three miles.

Operation and performance standards. The proposed use shall be subject to the operation and performance standards of this ordinance[2] (see §§ 340-25 and 340-42).

Editor's Note: "This ordinance" refers to Ord. No. 248, adopted 7-20-2011.

Setback requirements. Accessory manure digesters shall not be located within 50 feet of any side property line, within 75 feet of any rear property line, less than 150 feet from any residential structure other than that of the property owner, and less than 100 feet from any public road right-of-way.

Lot coverage. The footprint of an accessory manure digester shall be calculated as part of the overall lot coverage. Accessory manure digesters shall be limited in coverage to a maximum of 2%, or two acres, whichever is less, and shall comply with all applicable agricultural preservation laws, rules, regulations and restrictive covenants. Furthermore, an applicant for an accessory manure digester shall demonstrate, to the Zoning Officer by credible evidence, that the area proposed for the accessory manure digester does not predominantly consist of Class I, II and/or III soils, as identified in the latest edition of the Lancaster County Soil Survey, and is generally unsuitable for agricultural purposes.

Abandonment or disrepair. If the accessory manure digester is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the accessory manure digester within six months from the date the system enters such a state.

Decommissioning. If an accessory manure digester is ever removed, any earth disturbance as a result of the removal of the accessory manure digester shall be graded and reseeded.

Principal manure digesters (also known as principal anaerobic digesters) shall be permitted by conditional use in the Agricultural (A) Zone, subject to the following regulations:

Land use and development. The applicant shall provide a detailed description of the nature of the on-site activities and operations, the types of materials stored, used and generated, the frequency and duration period of storage of materials and the methods for use and disposal of materials of the proposed use and a complete land development application shall be submitted to the Township if the conditional use application is approved. The applicant shall also describe the general scale of operation in terms of its market area, specific space and area requirements for each activity, and the total number of employees of each shift.

Design and installation.

The applicant shall address, document and agree to comply with performance standards for siting to minimize impacts on neighboring properties which shall include considerations of odor, prevailing wind patterns, proximity to nonagricultural properties, operational noise, traffic and specific hours of operation.

Principal manure digesters shall be designed and constructed in compliance with the applicable guidelines outlined in the Pennsylvania Department of Environmental Protection's Bureau of Water Quality Management publication(s), and any revisions, supplements and replacements thereto by the PA DEP.

Principal manure digesters shall be designed and constructed in compliance with applicable federal, state, county and Township laws and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application.

Lancaster County Conservation District. The applicant shall provide either: 1) a letter from the Lancaster County Conservation District (LCCD) stating that the applicant's principal manure digester design has been reviewed and approved by the LCCD and that all regulations and requirements of the state manure management program have been satisfied; or 2) submit a letter from the LCCD stating that it will not review the plan or that no review is required under applicable laws and regulations; or 3) submit evidence that such a letter has been requested and that the LCCD has failed to respond within 60 days.

Setback requirements. Except as otherwise provided for under the provisions of the Pennsylvania Nutrient Management Act, the proposed use shall comply with all the requirements of the applicable zone, except that all buildings, structures and facilities used as part of the manure digesting operations shall be set back at least 200 feet from any property line. Additionally, no building, structure, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Township.

Minimum lot size. The minimum lot size for a principal manure digester shall be 60 acres.

Lot coverage. The footprint of principal manure digester shall be calculated as part of the overall lot coverage. Principal manure digesters shall be limited in coverage to a maximum of 2%, or two acres, whichever is less, and shall comply with all applicable agricultural preservation laws, rules, regulations and restrictive covenants. Furthermore, an applicant for a principal manure digester shall demonstrate, to the Zoning Officer by credible evidence, that the area proposed for the principal manure digester does not predominantly consist of Class I, II and/or III soils, as identified in the latest edition of the Lancaster County Soil Survey, and is generally unsuitable for agricultural purposes.

Geographic range. The maximum radius from which the principal manure digester can procure its feedstock shall be 10 miles.

Operation and performance standards. The proposed use shall be subject to the operation and performance standards of this ordinance[3] (see § 340-42).

Editor's Note: "This ordinance" refers to Ord. No. 248, adopted 7-20-2011.

Traffic impact study. A traffic impact study analysis shall be provided, showing the following:

Existing traffic volume data for all roadways within 1,000 feet.

Anticipated traffic volumes for the area identified in Subsection F(8)(a) above, resulting from the proposed use as well as background traffic growth.

Analysis of current and future levels of service for all intersections identified in Subsection F(8)(a) above.

Physical analysis of all roadways identified in Subsection F(8)(a) above, including cartway width, shoulder width, pavement conditions, horizontal and vertical curves, anticipated stormwater drainage characteristics, and sight distances.

The traffic analysis shall be reviewed by the Township Engineer.

The applicant shall submit a transportation study detailing the impacts of the principal manure digester on local roadways, including effect of vehicle weight, congestion and noise, and setting forth the manner in which these impacts will be addressed.

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be loaded or unloaded will not back up onto public roads.

Abandonment or disrepair. If the principal manure digester is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to notify the Township immediately; and to remove or properly maintain the principal manure digester within six months from the date the system enters such a state.

Decommissioning. The applicant shall submit a plan for the removal of the manure digestion facility when it becomes functionally obsolete or is no longer in use. At the time of issuance of the permit for the construction of the principal manure digester facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structure.

§ 340-95 Shopping centers and retail stores.

Additional conditions. The Board of Supervisors can attach conditions which it feels are necessary to protect nearby properties, the intent of the Zoning Ordinance and/or the general public welfare.

§ 340-93 Resident owner subdivisions.

Within the (A) Zone, resident owner subdivisions are permitted by conditional use, subject to the following:

Any resident owner of a tract of agricultural land in the (A) Zone consisting of more than 21 acres, who actively farms said property, shall be permitted to subdivide from said tract a lot, in addition to the lot or lots otherwise permitted by § 340-11E(2) of this chapter for single-family detached dwellings, having a minimum lot area of one acre and a maximum lot area of two acres. Such lot area requirements, however, are subject to revision in accordance with § 340-40 of this chapter.

Such lot shall be used solely as the principal single-family detached dwelling for the owner applicant, or his/her father, mother, brother, sister, son, daughter or spouse.

No other application under this section for the same tract of agricultural land has been granted within five years of the date of the application being considered.

The granting of the application will not result in reducing the parent tract of land to less than 20 acres in area.

The purpose of the application is not to defeat the essential purposes of the (A) Zone.

§ 340-94 Riding stables.

[Amended 2-19-1997 by Ord. No. 175]

Within the (A, RE and C) Zones, riding stables are permitted by special exception, subject to the following criteria:

The minimum lot area shall be 10 acres.

Any structure used for the boarding of horses shall be set back at least 200 feet from any property line.

All stables shall be maintained so to minimize odors perceptible at the property line.

All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.

All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.

[Amended 6-7-1995 by Ord. No. 168; 2-19-1997 by Ord. No. 175; 10-17-2007 by Ord. No. 229; 4-21-2010 by Ord. No. 244]

General requirements. Single retail stores in excess of 50,000 square feet of gross floor area and shopping centers are authorized as uses by conditional use approval in the Community Commercial Zone (CC). Single retail stores in excess of 30,000 square feet of gross floor area and shopping centers in excess of 15,000 square feet of gross floor area are authorized as uses by conditional use approval in the Local Commercial Zone (LC). In order for these uses to be considered for conditional use approval, a site plan and a roadway improvements plan, along with all other necessary documentation supporting the design thereof, must accompany the conditional use application and be satisfactory to the Board of Supervisors. These uses present community-wide or regional impacts and must be carefully evaluated to insure that transportation systems, utilities, and other public services are available to serve the proposed use. Design of such facilities must insure safe and convenient access and must minimize impact upon surrounding uses. Single stores and shopping centers requiring conditional use approval shall comply with these regulations. Shopping centers shall be in a single ownership or under a guaranteed unified management control. In the event of any inconsistency between the provisions of this section and the other provisions of this chapter or the provisions of Chapter 285, Subdivision and Land Development, the provisions of this section shall control.

Permitted principal and accessory uses.

Stores for retail sale of goods otherwise permitted within the Community Commercial Zone (CC) or within the Local Commercial Zone (LC), as applicable.

Stores for the performance of customary personal services otherwise permitted within the Community Commercial Zone (CC) or within the Local Commercial Zone (LC), as applicable.

Business, professional or banking offices.

Restaurants, cafes or similar places serving food and/or beverages as otherwise permitted within the Community Commercial Zone (CC) or Local Commercial Zone (LC), as applicable.

Parking area for motor vehicles, including vehicles of customers and park-and-ride facilities for persons using public transportation but excluding the storage or sale of new and/or used vehicles.

Customary accessory uses associated with permitted principal uses, provided that such uses are clearly incidental and, further provided, that they shall be limited to the same lot upon which the principal use is conducted.

Prohibited principal and accessory uses.

Any residential use.

Any industrial use.

Any drive-in or drive-through establishment.

Any automobile filling station, automobile service facility or motor vehicle fueling facility.

Area and bulk regulations.

Minimum lot size: three acres.

Minimum lot width: 200 feet.

Maximum lot coverage: 65%.

Maximum building height: two stories or 35 feet.

Minimum front yard: 200 feet.

Minimum side yard: 100 feet.

Minimum rear yard: 100 feet.

A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area in a shopping center and for each 1,000 square feet of gross floor area in a store containing 50,000 or greater square feet of gross floor area. This parking requirement is also subject to the permitted reduction of off-street parking described in § 340-35 of this chapter. Off-street parking spaces shall not be located closer than 80 feet to any property line or street right-of-way line abutting land within a residential or mixed use zone. Off-street parking spaces and parking lots shall be subject to the requirements of § 340-35 of this chapter with the exception of any required bus stops and park-and-ride areas. Parking spaces and parking lots shall not be used for overnight or long-term parking of campers, truck tractors or recreational vehicles.

Screening and landscaping of parking compounds shall comply with all requirements of §§ 340-35 and 340-37 of this chapter.

Standard straight curbs and pedestrian walkways shall be installed surrounding the perimeter of the parking areas and within all public rights-of-way abutting the parking areas according to the specifications for curbs and walkways in Chapter 277, Streets and Sidewalks, Article II, Construction, Opening or Dedication of Public Streets or Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick, whichever provides the more stringent regulations.

A landscape buffer yard shall be provided along all side and rear property lines (except for necessary access drives) which shall be at least 80 feet in depth and along all street lines (except for necessary access drives) which shall be at least 50 feet in depth. The buffer yard shall be planted in ground cover, trees and shrubs and shall contain a landscape screen. The landscape screen shall consist of one row, staggered of mixed evergreen and deciduous trees which shall be at least eight feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, of mixed broadleaf and needle evergreen shrubs which shall be at lest three feet in height, when planted and shall be spaced not more than five feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 20 feet. The shrubs shall be of such species as to provide continuous screening from the ground to a height of six feet at maturity. Deciduous plant materials shall comprise no more than 30% of the number of plants in the buffer. Trees shall be planted so that at maturity they shall not be closer than 10 feet to any property line. Drainage swales or easements shall not be placed in the buffer area unless there is no reasonable alternative available. If the drainage swales or easements or basins interfere with the buffer or screening areas, the buffers or screens shall be placed further toward the interior of the lot to accomplish the intent of this section.

All buffer areas and landscape screens shall be maintained and keep free of all structures, rubbish and debris. Required plan material located in these areas which becomes diseased or dies shall be replaced by the property owner in order to maintain the requirements of this section.

All ground cover and selection and maintenance of plant materials shall comply with the requirements of § 340-37 of this chapter.

Traffic control and access requirements.

At least three separate points of ingress and egress shall be provided. In addition to any other separation requirements in this chapter, in Chapter 285 (Subdivision and Land Development) or imposed by PennDOT, all access drives shall be at least 500 feet apart (measured from the end of one driveway radius to the beginning of the next driveway radius). Such access shall provide for adequate capacity as determined by the Township to handle traffic volumes at full build-out of the site and must be fully evaluated through a master plan to be submitted with the conditional use application if any remaining lands of the subject tract exist or adjacent undeveloped properties within the Community Commercial Zone (CC) or Local Commercial Zone (LC) are present. No left turns out of an access drive shall be permitted without the installation, by the applicant, of a traffic signal when the intersecting roadway slope is less than 5%. When the intersecting roadway slope at any access drive is equal to or greater than 5%, access shall be limited to right-in, right-out movements, unless the Township and PennDOT approve the installation of a traffic signal. The applicant shall have the burden of proof to establish to the satisfaction of the Board of Supervisors that the installation of a traffic signal will not adversely affect the safety and efficiency of vehicular, bicycle, and pedestrian traffic; provided, however, no left turns into or out of an access drive and no traffic signal shall be permitted when the intersecting roadway slope at any access drive is equal to or greater than 7%. The installation of any traffic signal must also be in compliance with the criteria established in § 340-951(3)(a)[9] of this chapter.

The subject property shall front on an arterial or collector road, and all access drives shall be located at least 300 feet from the intersection of any street right-of-way lines. The Township may require a greater separation if, based upon the Township's review of the traffic impact study referred to in this section or due to factors specific to the site, such as the road grade or alignment, a greater separation is warranted.

The applicant shall prepare, submit and agree to implement as part of the conditional use application a traffic impact study (TIS) which meets the requirements of § 285-14 of the Subdivision and Land Development Ordinance (Chapter 285), which includes a roadway improvement plan satisfactory to the Township, and which complies with the following additional requirements:

A description of the traffic impact study area (TISA), including such area's major roads and major intersections. The determination of whether an intersection shall be considered a major intersection shall be made in accordance with accepted engineering practices. In the event of a dispute, the determination of the Township shall be final.

At a minimum, the TISA shall include all streets and major intersections within the area contained in a one-mile radius circle drawn around each entrance to the proposed development. If a major intersection with another street is not contained within that area, the first major intersection with such abutting street shall be studied.

If the proposed development will generate 500 peak hour directional trips or more (total peak hour directional trips generated by the proposed land use), the TISA shall include all streets and major intersections contained in a two-mile radius circle drawn around each entrance to the proposed development. The required TIS must calculate traffic volumes during the a.m. and p.m. weekday peak hours for the adjacent street(s) and the proposed generator as well as traffic volumes during weekend peak hours. Township staff (including the Township Engineer) must be involved in the TISA determination and shall have the right to change or modify the study area. The TISA included in the TIS must be acceptable to the Township.

The applicant shall demonstrate that the road network included in the TISA providing access to the site can accommodate the volume of traffic reasonably expected to be generated by the proposed use in a safe and convenient manner or the applicant shall make all improvements necessary to the road network to provide for safe and convenient access to the site.

The applicant shall demonstrate that the horizontal and vertical alignments and grades of the existing road network included within the TISA and the proposed streets or accessways to the site permit safe and convenient access to the site or that the applicant will make all modifications to the horizontal or vertical alignment or grade to eliminate any unsafe condition. In addition, pedestrian access must be provided, where appropriate, when the proposed project is in proximity to residentially zoned or developed properties; such determination of appropriateness will be made by the Township.

[5]

The applicant shall demonstrate that the proposed use will not create traffic patterns or movements which will jeopardize the safety of the traveling public.

[a]

Stacking of sufficient length shall be provided for all lanes on the site and off the site on adjacent roadways to insure that there shall be no blockage of through traffic. The design and length of the stacking lanes are required to meet the projected 95th percentile queue length as determined by the Township plus a 35% future contingency. Such contingency is required to ensure that future traffic impacts are sufficiently mitigated.

[b]

Accessways to and within the site shall be designed in a manner that blockage of through traffic by vehicles attempting to enter or exit an accessway will not occur.

[c]

Acceleration, deceleration and turning lanes shall be of sufficient lengths to accomplish their intended purpose, and such lanes shall be designed in accordance with AASHTO design standards.

[d]

The applicant shall demonstrate, using standards and models accepted by the Institute of Transportation Engineers or PennDOT, that all of these criteria are satisfied and that no unusual traffic patterns or movements will result.

[6]

The applicant shall demonstrate that the proposed streets or accessways to the site are designed and located in a manner that will provide the least detrimental impact with regard to traffic capacity, level of service and safety upon abutting roads. The applicant shall install all traffic control devices necessary to mitigate detrimental impact.

[7]

The applicant shall make all improvements necessary to maintain or improve the level of service, to not exceed the estimated delay set forth in Article IV, § 285-14C(3)(d), of the Subdivision and Land Development Ordinance (Chapter 285), and to eliminate any unsafe conditions on all abutting intersections and streets within the TISA; shall make all on-site improvements and off-site improvements which are determined by the Township to be necessary based upon the TIS; and shall make all improvements required by the Subdivision and Land Development Ordinance (Chapter 285), the Township Road Ordinance (Chapter 277, Article II), any other Township ordinance and the regulations of PennDOT.

[8]

If the Township determines that the reduction of speed limits, installation of traffic control devices, limitation of parking or turning movements or similar measures are required to mitigate traffic impacts upon Township or state highways, the applicant shall present engineering and traffic studies performed in accordance with PennDOT regulations and Publication No. 201, Engineering and Traffic Studies, or any future corresponding PennDOT requirements, and shall implement the necessary mitigation measures. The erection or the installation of such traffic control devices shall be in accordance with Title 67, Chapter 211, Official Traffic-Control Devices, of PennDOT regulations, or any corresponding PennDOT requirements. If the enactment of an ordinance is necessary to effectuate the traffic regulations or the installation of the traffic control devices, the applicant shall reimburse the Township for all expenses in the preparation and enactment of the necessary ordinance.

[9]

If any traffic signals are to be installed, the distance between any new and/or existing signals shall be at least 1,000 feet. The Township may require a greater separation based upon the Township's review of the TIS and/or due to factors specific to the site, such as road grade or alignment.

[10]

The applicant shall demonstrate that access to neighboring properties shall not be made unsafe or inconvenient or shall propose and provide improvements, acceptable to the Township, to insure that access to all neighboring properties shall be maintained at a level of convenience and safety which is at least equal to that without the proposed use or development.

[11]

Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of stores or for trash or recyclables collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with internal circulation.

The applicant's site plan which must accompany the conditional use application shall clearly depict the proposed locations and dimensions of all on-site circulation improvements. These improvements must demonstrate safe and efficient vehicular and pedestrian movements both within and surrounding the subject property.

Single retail stores.

In the Local Commercial Zone (LC), for single retail stores with a gross floor area greater than 30,000 square feet and less than 50,000 square feet and for shopping centers with a gross floor area of greater than 15,000 square feet and less than 50,000 square feet, applicants for a conditional use may request a modification of some or all of the requirements of this subsection (§ 340-95I). Such a request must be accompanied by the following:

A trip generation estimate for the property in question; and

The scope of a traffic impact study (TIS) outline submitted to the Township Engineer.

Applicants requesting such a modification must demonstrate by clear and convincing evidence that the proposal meets PennDOT requirements for a highway occupancy permit in the case of a state highway or the requirements of § 340-34 of this chapter in the case of a Township street, and that the level of service, at adjacent intersections, shall not deteriorate.

The store or shopping center shall be connected to and use public water and public sewer. The applicant shall present evidence that the sewer and water capacity have been obtained or reserved from the applicable provider.

Signage.

Single stores in excess of 50,000 square feet of gross floor area in a planned center shall be permitted to install signs as provided in § 340-38, Outdoor signs, Subsection B, Specific regulations for signs, Subsection (1), Classification of signs by use, Subsection (k), of this chapter.

Single stores in excess of 50,000 square feet of gross floor area not located within a planned center shall be permitted to install signs as provided in § 340-38, Outdoor signs, Subsection B, Specific regulations for signs, Subsection (1), Classification of signs by use, Subsection (o), of this chapter.

Lighting.

Lighting facilities for buildings, signs, accessways and parking areas shall be provided and arranged in a manner which shall protect the highway and neighboring properties from glare or hazardous interference of any kind.

Screening to prevent the spillage or projection of headlights and/or site lighting onto residential properties shall be provided.

Establishments furnishing shopping carts or mobile baskets shall provide a definite area or areas on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts. If such spaces are located within the parking areas, they shall not be counted toward the required minimum off-street parking.

The applicant shall submit stormwater management calculations and plans to demonstrate compliance with all applicable laws and regulations governing stormwater management.

A shopping center or retail store in excess of 50,000 square feet of gross floor area shall provide an improved bus stop which shall be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree. The location of the required bus stop shall be reviewed by and acceptable to Red Rose Transit Authority. If service is currently unavailable along the subject property, the applicant for a shopping center or retail store in excess of 50,000 square feet of gross floor area shall provide a cash escrow fund to the Township for the purposes of future installation. In addition to providing an escrow fund, the approved plan shall designate an easement area for the bus stop. The location of the easement shall be reviewed and agreed upon by Red Rose Transit Authority.

A shopping center or retail store in excess of 50,000 square feet of gross floor area shall integrate a designated location for a minimum number of required off-street parking spaces for public use as a park-and-ride area that shall be readily identifiable and conveniently accessible to passing motorists. For parking lots containing up to 500 parking spaces, at least 2% of the parking spaces shall be for public use as a park-and-ride area. For parking lots containing more than 500 parking spaces, at least 10 parking spaces plus 1% of the parking spaces in excess of 500 parking spaces shall be for public use as a park-and-ride area. When the parking calculation results in a fraction, any fraction shall be construed to require a full] space. By way of illustration, if the parking lot contains 650 parking spaces, 12 parking spaces shall be included in the park-and-ride area [10 + (150 x 1%) = 11.5 spaces rounded to 12 spaces].

Whenever an individual building of 50,000 square feet of gross leasable floor area or greater on the ground floor by one user is proposed, the following shall apply:

The length of the facade of any new building which exceeds 32 feet in length shall have vertical design elements such as pilasters, columns, piers, or recesses or projections of one to four feet, so that no new vertical bay or section of a building facade exceeds 32 continuous feet in length.

Building windows and openings shall constitute no less than 30% of all frontage walls on the ground floor. Of this minimum 30%, none shall consist of opaque glass.

No principal building shall have a flat roof, unless it has a parapet wall screening all mechanical equipment from public view along streets and sidewalks.

If 50,000 square feet of gross leasable floor area or greater on the ground floor by one user is proposed, the applicant shall, in order to enable opportunities for the reuse of the structure(s) if the big box use ceases, either:

Construct a series of buildings within the ground floor not exceeding 50,000 square feet of gross leasable floor area, which shall be separated from each other by a sixty-foot wide enclosed vestibule or a sixty-foot wide space that has sidewalks, on-street parking bays, and a street; or

Design the building to further articulate the facade through design features such as recesses and projections to the facade, varied roof design, varied building materials, and varied massing of the building parts.

A shopping center or retail store shall, in the Community Commercial Zone (CC), integrate a designated location for bicycle-parking facilities containing at least one bicycle rack which is able to accommodate at least seven bicycles, or bicycle parking facilities which are able to accommodate the number of bicycles equal to 5% of the vehicular parking spaces, whichever is greater. A shopping center or retail store shall, in the Local Commercial Zone (LC), integrate a designated location for bicycle parking facilities containing at least one bicycle rack which is able to accommodate at least two bicycles, or bicycle parking facilities which are able to accommodate the number of bicycles equal to 5% of the vehicular parking spaces, whichever is greater. Such bicycle parking facilities shall be provided for any new building or for any addition or enlargement of an existing building and for any change in the occupancy of any existing building that results in the need for bicycle parking facilities. In providing the required bicycle parking facilities, the following standards shall be adhered to:

Inverted U-frame racks (or equivalent) that support the bicycle in a stable, upright position, so that a bicycle, if bumped, will not fall or roll down, must be provided. One or more U-frame racks (or equivalent) shall, in the CC Zone, accommodate a minimum of seven bicycles or bicycle parking facilities which are able to accommodate the number of bicycles equal to 5% of the vehicular parking spaces, whichever is greater. One or more U-frame racks (or equivalent) shall, in the LC Zone, accommodate a minimum of two bicycles or bicycle parking facilities which are able to accommodate the number of bicycles equal to 5% of the vehicular parking spaces, whichever is greater.

Racks must be easily usable with both U-locks and cable locks.

Bicycle parking facilities shall be located in close proximity to the entrance of the building.

Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and/or theft.

Bicycle parking facilities shall be located in highly visible, well-lighted areas to minimize vandalism and/or theft. Any lighting provided for bicycle parking facilities shall meet the lighting standards outlined in § 340-95L.

Bicycle parking facilities shall not impede pedestrian or vehicular circulation and shall be harmonious with their environment in both color and design. These facilities should be incorporated whenever possible into building design or street furniture.

§ 340-96 Single-family detached dwellings.

Paving of the bicycle parking facility is not required, but the ground surface shall be finished or planted in a way that avoids mud and dust. Bicycle parking facilities within automobile parking areas shall be separated by a physical barrier, such as a curb, wheel stops, poles, or other similar feature, to protect bicycles from damage by automobiles.

A shopping center or retail store in excess of 50,000 square feet of gross floor area shall integrate a designated location for sheltered horse and buggy parking. Sheltered horse and buggy parking shall have a minimum depth of 20 feet and contain a minimum of five stalls. The maintenance and cleanup of the stalls shall be the responsibility of the property owner. Designated parking facilities for horse and buggy shall count towards the total number of required parking spaces.

The Board of Supervisors in approving a conditional use application under this section shall make compliance with the site plan, the roadway improvements plan, and all other plans, studies, and documents accompanying the conditional use application and any revisions thereto required by the Board of Supervisors (the approved documents) a condition of approval. The applicant shall be required to develop the shopping center or retail store in excess of 50,000 square feet of gross floor area in compliance with the approved documents. Any subsequent change to the approved documents will require approval by the Board of Supervisors based upon the same legal standards applicable to the modification of conditions imposed by zoning hearing boards. This procedure shall supersede the provisions for changes to the site plan set forth in § 340-131D of this chapter.

Within the (A) Zone, single-family detached dwellings on separate lots are permitted by conditional use, subject to the following criteria:

In addition to the design requirements imposed upon single-family detached dwellings in § 340-11 of this chapter, every single-family detached dwelling unit (not farm dwellings) proposed within the Agricultural Zone shall be set back according to the following chart. Required setback distances shall be measured as a straight line between the closest property line of the proposed dwelling to the specified use:

	Specified Use	Required Setback (feet)
	Facilities or area for the storage or processing of manure, garbage or spent mushroom compost; structures for the cultivation of mushrooms or the raising or housing of livestock and/or poultry	200
	Beehives	100
	Farm related businesses	200

Objectives.

In reviewing an application and site plan for this conditional use, the applicant shall demonstrate that measures have been used to:

Minimize the loss of valuable farmland.

Cluster residential lots on the subject property and, if applicable, with those lots contained on adjoining farms.

Minimize the length of property lines shared by all residential lots and adjoining farms.

Assure adequate vehicular access to future residences not currently proposed.

Assure that the proposed plan can comply with Chapter 285, Subdivision and Land Development, of the Code of the Township of Warwick.

Make use of existing public sewer and/or public water facilities.

Minimize the clearing or cutting of mature trees and hedge rows.

§ 340-97 Solid waste disposal, processing and transfer facilities.

The applicant shall furnish evidence regarding how these objectives have been satisfied.

On any separate nonfarm parcel, no shrub nor tree shall be planted within 20 and 30 feet, respectively, of any land used for agricultural purposes.

[Amended 11-19-1997 by Ord. No. 178]

Within the (I-2) Zone, solid waste disposal and processing facilities are permitted by conditional use, subject to the following criteria:

Any processing of solid waste (including, but not limited to, incineration, composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

No refuse shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.

Any external area used for the unloading, transfer, storage or deposition of refuse must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence, with no openings greater than two inches in any direction.

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

The use shall be screened from all adjoining residentially zoned properties.

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed will not back up onto public roads.

All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of onsite access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

Hazardous waste as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, or as amended, shall not be disposed of within the proposed area.

Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.

The unloading, processing, transfer and deposition of solid waste shall be continuously supervised by a qualified facility operator.

Any waste that cannot be used in any disposal process, or material that is to be recycled, shall be stored in leak and vector-proof containers. Such containers shall be designed to prevent being carried by wind or water. These containers shall be stored within a completely enclosed building.

All storage of solid waste shall be indoors in a manner that is leak and vector proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours.

A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protections' regulations.

All structures shall be set back at least a distance equal to their height.

Water supply.

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

In addition, a water feasibility study will be provided to enable the Township to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer.

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

A water feasibility study shall include the following information:

Calculations of the projected water needs.

A geologic map of the area with a radius of at least one mile from the site.

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

The location of all existing onlot sewage disposal systems within 1,000 feet of the site.

The location of all streams within 1,000 feet of the site and all known point sources of pollution.

Based on the geologic formation(s) underlying the site, the long term safe yield shall be determined.

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

§ 340-98 Septage or spent mushroom compost processing and/or commercial mushroom operations.

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

The applicant shall provide a qualified traffic analysis, as described in § 340-44 of this chapter.

A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

Any sanitary landfill must be owned and operated by Warwick Township or the Lancaster County Solid Waste Management Authority.

[Amended 11-19-1997 by Ord. No. 178]

Within the (A) and (I-1) Zones, septage or spent mushroom compost processing and/or commercial mushroom operations are permitted by conditional use, subject to the following criteria:

Any processing, loading, storage and packaging operations must be conducted within a wholly enclosed building that is leak and vector proof.

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

The use shall be screened from all roads and adjoining properties.

All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.

All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

The unloading, processing and transfer of septage or spent mushroom compost shall be continuously supervised by a qualified facility operator.

Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations.

Water supply.

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

A water feasibility study shall include the following information:

Calculations of the projected water needs.

A geologic map of the area with a radius of at least one mile from the site.

The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution.

Based on the geologic formation(s) underlying the site, the long term safe yield shall be determined.

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

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

A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip.

The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.

Any structure used for the storage, loading, processing and/or packaging of septage or spent mushroom compost shall be set back at least 100 feet from all property lines, and 500 feet from any residentially zoned properties. In addition, any ventilation outlets must be oriented away from any land within an adjoining residential zone.

§ 340-99 Shooting ranges.

Within the (A) Zone, a shooting range is permitted by conditional use, subject to the following criteria:

Shooting range operations:

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.

May not substantially damage the health, safety or welfare of the Township or its residents and property owners.

Must comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm.

Shall limit the storage of ammunition to only that utilized for each day's activity, and in no event shall ammunition remain on the property for greater than 24 hours. The storage of live ammunition may only occur indoors in an area secured from general access.

Shall limit the number of shooters to the number of firing points or stations identified on the development plan.

Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the National Rifle Association before they are allowed to discharge firearms.

Shall limit the consumption of alcoholic beverages to days when no shooting activities are permitted, or when the shooting activities are completed for that day. Furthermore, alcoholic beverages may only be consumed in designated areas away from the firing points or stations.

§ 340-101 Temporary farm employee housing.

Shall limit firing to the hours between one hour after dawn and one hour preceding dusk.

A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles or other safety barriers to contain projectiles to the safety fan.

The firing range, including the entire safety fan, shall be enclosed with a six-foot-high nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch tall, red letters on a white background shall be posted at a maximum of one-hundred-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!"

Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor and the perimeter of the safety fan.

All surfaces located within the safety fan, including the backstop, overhead baffles, berms and range floor, shall be free of hardened surfaces, such as rocks or other ricochet producing materials.

All shooting range facilities, including buildings, parking, firing range and safety fan shall be set back a minimum of 100 feet from the property line and street right-of-way.

Sound abatement shields or barriers shall be installed on shooting ranges located within 1/4 mile of a Residential Zone, unless significant natural barriers exist. The applicant shall present credible evidence that the sounds of shooting in the Residential Zone does not exceed the ambient noise level.

Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats.

No part of a shooting range property shall be located within 1/4 mile of any land within a Residential Zone.

§ 340-100 Stockyards and feedlots.

[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199]

Within the (A) Zone, stockyards and feedlots are permitted by conditional use, subject to the following:

No part of the subject property shall be within 500 feet of any residentially zoned land.

A working plan for the removal of deceased animals shall be submitted and continuously implemented by the applicant. In no case shall any deceased animals remain on the site for more than 24 hours.

All access drives onto the site shall be paved for a distance for at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.

Adequate off-street parking and loading areas must be provided. No parking or loading/unloading shall be permitted on or along any public road.

Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.

A traffic study shall be prepared in accordance with § 340-44 of this chapter.

The subject property shall front on and gain access from an arterial road.

Any area used for the storage, keeping, feeding, watering or running of livestock shall be completely enclosed by suitable fencing to prevent animal escape, and such area shall be set back at least 200 feet from all property lines.

All outdoor loudspeaker and lighting systems shall be designed, arranged and operated so as to prevent objectionable impact on adjoining parcels and roads.

Within the (A) Zone, temporary farm employee housing shall be permitted by special exception, subject to the following standards:

For each farm, one mobile home is permitted for the use of farm workers (and their families) who are employed by the owner of the farm, for such time as the employee works the land of the owner.

All such units shall be located within the rear yard of the farm dwelling and shall further comply with all setback requirements imposed upon single-family detached dwellings.

Such mobile homes shall be securely anchored to a mobile home stand; a minimum six-inch-thick poured concrete slab over a six-inch stone base, the length and width of which shall be at least equal to the dimensions of the mobile home. Each mobile home pad shall include properly designed utility connections.

The mobile home shall be occupied at least 120 days a year by at least one person who is employed on the farm where the mobile home is located. If this condition is not satisfied, the mobile home shall be removed within 120 days.

§ 340-102 Truck or motor freight terminals.

[Amended 2-19-1997 by Ord. No. 175]

Within the (I-1) Zone, truck or motor freight terminals are permitted by conditional use, subject to the following criteria:

The subject property shall front on and gain access from an arterial road.

The applicant shall furnish a traffic study prepared by a professional traffic engineer, in accordance with § 340-44 of this chapter.

§ 340-103 Two-family conversions.

Within the (A) and (RE) Zones, a detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 3,000 square feet, may be converted into two dwelling units by special exception, subject to the following:

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted.

All floors above grade shall have direct means of escape to ground level.

Four off-street parking spaces shall be provided.

The applicant shall obtain any required land development approvals.

§ 340-104 Warehousing and wholesale trade establishments.

Within the (I-1) Zone, warehousing and wholesale trade establishments are permitted by conditional use, subject to the following criteria:

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

The nature of the onsite activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 340-42 of this chapter.

§ 340-105 Wholesale produce and tobacco auctions.

A traffic study prepared by a professional traffic engineer, according to § 340-44 of this chapter.

[Amended 2-19-1997 by Ord. No. 175; 4-4-2001 by Ord. No. 199]

Within the (A) Zone, wholesale produce and tobacco auctions are permitted by conditional use, subject to the following standards:

No part of the subject property shall be within 200 feet of any residentially zoned land.

The owner and/or operator of the produce auction shall be responsible for removing any mud from public roads caused by persons traveling to and from the auction.

The application shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon adjoining property. If, at any time after the opening of the facility, the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of onsite facilities on the subject property, the Supervisors can require the applicant to revise and/or provide additional onsite parking and/or loading space. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

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

The subject property shall front on and gain access from an arterial road.

Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations.

The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris.

§ 340-106 Agricultural, horticultural and/or forestry-related uses that contain less than 20 acres and are established after effective date of this section (February 24, 1997).

[Added 2-19-1997 by Ord. No. 175]

Within the (A) Zone, agricultural, horticultural and/or forestry-related uses that contain less than 20 acres and are established after the effective date of this section (February 24, 1997) are permitted by conditional use subject to the following criteria:

No residential dwelling unit shall be permitted and the site shall contain no less than 10 acres.

The applicant shall submit credible evidence that, given the proposed use, less than 20 acres is necessary to maintain and operate a productive agricultural, horticultural and/or forestry-related use. The applicant shall provide sufficient assurance that the proposed acreage is to be used productively, rather than as a large rural residence. The applicant shall also submit information as to the minimum acreage necessary for the site to remain productive given its proposed use.

§ 340-107 Transfer of Agricultural Zone subdivision/development rights.

[Added 2-19-1997 by Ord. No. 175]

Within the (A) Zone, the transfer of all but one of the subdivision/development rights provided by § 340-11E(2) shall be permitted by conditional use, subject to the following criteria:

Both the parent tract from which said transfer will come and the lot to which said transfer will go are under the same ownership at the time of transfer. If the parent tract from which said transfer will come and the lot to which said transfer will go are not under the identical ownership, the Board of Supervisors may grant a further conditional use to allow said transfer where the parent tract from which said transfer will come and the lot to which said transfer will go are owned by members of the same family, a family farm partnership where the partners are members of the same family or a family farm corporation the stock of which is owned by members of the same family and where the applicants demonstrate that the transfer will not have any adverse effects upon the continued agricultural viability of either the parent tract from which said transfer will come and the lot to which said transfer will go. For the purposes of this section, members of the same family shall include any individual, the individual's brothers and sisters, the brothers and sisters of such individual's parents and grandparents, the ancestors and lineal descendants of any of the foregoing, a spouse of any of the foregoing and the estate of any of the foregoing, and individuals related by the half blood or legal adoption shall be treated as if they were related by the whole blood.

Both the parent tract from which said transfer will come and the lot to which said transfer will go are within the Agricultural Zone.

The applicant shall demonstrate by credible evidence that the transfer of said subdivision/development rights will enable better compliance with the following siting standards for development within the Agricultural Zone:

Minimize the loss of valuable farmland.

Permit the clustering of residential lots on the subject property and, if applicable, with those lots contained on adjoining farms.

Minimize the length of property lines shared by all residential lots and adjoining farms.

Assure adequate vehicular access to future residences not currently proposed.

Assure that the proposed plan can comply with Chapter 285, Subdivision and Land Development.

Make use of existing public sewer and/or public water facilities.

§ 340-108 Slaughtering and rendering of food products and their by-products.

Minimize the clearing or cutting of mature trees and hedge rows.

The size of the lot to which the transfer and use of subdivision/development rights will go has sufficient lot area so that the uses resulting from such transferred rights and the remaining balance of the parent tract will all comply with the lot area requirements of § 340-11F of this chapter.

The applicant shall submit evidence that the deed of the parent tract from which said subdivision/development rights are transferred shall be revised indicating the loss of such transferred subdivision/development rights, and that the deed for the lot to which the subdivision/development rights are transferred shall be revised to indicate the addition of said transferred subdivision/development rights.

The applicant shall submit evidence that the transfer of said subdivision/development rights is consistent with the Township's records regarding the availability of said subdivision/development rights according to § 340-11E(2) of this chapter.

[Added 2-19-1997 by Ord. No. 175]

Within the (I-2) Zone, slaughtering and rendering of food products and their by-products are permitted by conditional use, subject to the following criteria:

Minimum lot area: five acres.

The subject site shall front upon and gain access from a collector or arterial road.

Public sewer and public water facilities shall be utilized.

All aspects of the slaughtering and rendering operation, excepting the unloading and holding of live animals, shall be conducted within a completely-enclosed building.

All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard.

The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented.

All animal wastes shall be regularly cleaned up and properly disposed of, so as not to be objectionable at the site's property line.

The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals.

The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.

The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within a residential zone.

All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip.

Sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines.

Where wastewater pretreatment is required by the EPA or local authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground or in any other manner inconsistent with PA DEP regulations.

Public water supplies shall be tested for water potability prior to approval, and annually thereafter, the results of which shall be regularly submitted to the USDA.

All unusable animal by-products shall be stored indoors in leak and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.

The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations.

The use shall provide sufficiently-long stacking lanes and onsite loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.

Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.

	Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	425
	50	475
	55	550

All access drives for the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 from the street right-of-way. In addition, if portions of onsite access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

The applicant shall furnish a traffic impact study prepared by a professional traffic engineer in accordance with § 340-44 of this chapter.

§ 340-108.1 Housing for older persons developments.

[Added 2-18-2009 by Ord. No. 237]

Within the R-3 Zone, housing for older persons developments are permitted by conditional use, subject to the following criteria:

The minimum area devoted to a housing for older persons development shall be five acres.

All dwelling units contained within a housing for older persons development shall be connected to and served by both public sewer and public water utilities.

The housing for older persons development shall front on a public/dedicated collector street or special collector street.

Architectural considerations. Proposed buildings within the housing for older persons development shall incorporate architectural treatments and styles that complement the Township's historic resources in accordance with the criteria outlined in § 340-23I of this chapter.

Residential design standards. The housing for older persons development shall consist of any one or more of the following types of residential dwelling units:

Single-family detached dwellings.

Duplexes.

Townhouses.

Quadraplexes.

Multiple-family dwellings.

The following table and its footnotes list the design standards for housing for older persons developments that differ from those listed within the R-3 Zone:

				Required Setbacks^2,4
Use	Minimum Lot Width at Building Setback (feet)	Open Space¹	Maximum Lot Coverage	Front⁵ (feet)	One Side (feet)	Both Sides (feet)	Rear (feet)	Max. Permitted Height (feet)
Single-family detached dwelling	50	50%	50%	15	6	12	20	35
Duplex	35 per unit	30%	70%	15	6	N/A	20	35
Townhouse³	18 per unit	30%	70%	15	10	N/A	20	35
Quadraplex	30 per unit	30%	70%	15	10	N/A	20	35
Multiple-family	200	30%	70%	15	10	20	20	45²
Accessory structures/ community facilities	50	50%	50%	15	6	12	12	35

NOTES:
¹	A thirty-feet wide buffer yard shall be provided along all property boundaries adjacent to existing residential development.
²	Multiple-family buildings in excess of 35 feet in height that are adjacent to an existing residential development shall be set hack an additional one foot for every foot above 35 feet in height.
³	No townhouse building shall contain more than eight units. For each townhouse building containing more than four units, no more than 67% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set hack a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly held lands. In those instances where several townhouse buildings are contained upon the same lot, the standards listed in the following Note 4 shall apply.
⁴	In those instances where several multiple-family dwelling buildings and/or townhouse buildings are located on the same lot, the following separation distances shall be provided between each building:
	a.	Front to front, rear to rear or front to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	b.	A minimum yard space of 20 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	c.	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
	d.	All multiple-family dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.
⁵	Except for multiple-family dwellings, the minimum front yard setback for accessory residential garages shill be 20 feet.

Density. The maximum permitted density of a housing for older persons development is set forth in § 340-15.1E, except that the maximum density shall be eight dwelling units per acre for multiple-family dwellings; however, multiple-family dwellings may have up to 14 dwelling units per acre if the housing for older persons development meets all of the following criteria:

The proposed development provides links to integrate the developed areas of the site with the surrounding community.

The proposed development provides links to open space networks.

The proposed development provides infrastructure/roadway improvements that are depicted on the Township's Official Map and improve traffic and circulation.

The proposed development is within the Urban Growth Area and within the designated Planning Area 1 or 6 as defined in the 2006 Lititz/Warwick Joint Strategic Comprehensive Plan.

The proposed development is compatible with the character of the surrounding neighborhood and fits with the traditional style of development with care taken to provide special design features, compatible architectural features and landscaping to enhance the site and create a pedestrian-friendly streetscape.

The proposed development encourages the use of alternative transportation.

One TDR is acquired and applied, as regulated by § 340-45 of this chapter, for each dwelling unit above eight dwelling units per acre up to a maximum of 14 dwelling units per acre for multiple-family dwellings.

Required mixture of uses. For a housing for older persons development in excess of 10 acres, a mixture of uses that conforms with the following ratios of net acreage (excluding streets, alleys, and utility rights-of-way) shall be provided:

	Use	Required Percentage
	Single-family and/or duplex	Minimum 50%
	Quadraplex	Maximum 25%
	Townhouse	Maximum 25%
	Multiple-family	Maximum 25%

Open space and common open space.

For a housing for older persons development with an area of 10 acres or greater, at least 30% of the development site shall be devoted to common open space. Such required common open space shall be in addition to any dedicated parklands, and/or fees-in-lieu thereof, and shall be governed by those regulations contained in § 340-43 of this chapter.

All housing for older persons developments shall provide for a complete system of sidewalks, linear parks or linear paths, that where practicable, fully integrate the developed areas of the site, connect with similar adjoining facilities, and connect with any common open space that may be required.

The minimum amount of open space for each lot is identified in § 340-108.1E of this chapter. The housing for older persons development shall include a generous amount of landscaping within the open space areas of the lot or lots. The design of the open space may include:

Stormwater management facilities vegetated with native plants.

Environmentally significant or sensitive areas.

Landscape and buffer areas greater than 10 feet in width.

Public outdoor spaces which may include vegetative plantings and decorative pervious paving, including pavers stones, or bricks or concrete pavers set in porous space.

Landscaped islands within parking areas.

The design of the open space areas shall be based on a survey and analysis of the existing natural, cultural and environmental features of the site. Such design shall:

Preserve important features of the site, identified by the survey, by inclusion of these features within and as part of the open space system.

Be linked together where feasible through the use of pedestrian walkways.

Include the location of seasonal interest vegetative planting strategically located to provide a pleasing walking environment.

Include landscaped islands within parking compounds.

Accessory uses. In addition to the residential dwellings permitted in a housing for older persons development, the following accessory uses and buildings are permitted:

Off-street parking.

Residential services. Recreational, cultural and health facilities for the use of the residents of the community, including but not limited to the following: clubhouse, in-ground community swimming pool, picnic grounds, and health facilities. Such facilities may be within residential buildings. The applicant may propose additional facilities. All such facilities shall be subordinate and incidental to the residential character of the development. These accessory uses shall be subject to the design standards set forth in § 340-108.1E of this chapter. For tracts in excess of 10 acres, community facilities to support the recreational needs of its residents shall be provided within the housing for older persons development unless the applicant can demonstrate to the satisfaction of the Board of Supervisors that there are recreational facilities available to the residents within an area reasonably accessible by the residents of the housing for older persons development.

Off-street parking. Two parking spaces shall be required per dwelling unit.

Notwithstanding the preceding, 1 3/4 parking spaces shall be provided per multifamily dwelling unit, provided at least 35% of the multifamily units have no more than one bedroom. If density is greater than or equal to eight dwelling units per acre, one of the required parking spaces shall be met with the provision of structured parking.

Structured parking spaces count toward the off-street parking requirement, provided that the developer records a declaration including an enforceable covenant that each structured parking space counted towards the required parking be used for parking and not converted to another use. Said declaration shall also include an enforceable covenant that each parking space counted towards the required parking be used for parking for licensed and registered passenger motor vehicles and motorcycles only and that no recreational vehicles, motor homes, trailers or boats shall be permitted in the housing for older persons development.

Bicycle parking. A housing for older persons development shall integrate a designated location for bicycle parking facilities containing at least one bicycle rack, per building, which is able to accommodate at least seven bicycles. Such bicycle parking facilities shall be provided for any new building or for any addition or enlargement of an existing building and for any change in the occupancy of any existing building that results in the need for bicycle parking facilities. In providing the required bicycle parking facilities, the following standards shall be adhered to:

Inverted U-frame racks that support the bicycle in a stable upright position so that a bicycle, if bumped, will not fall or roll down must be provided. One or more inverted U-frame racks shall accommodate a minimum of seven bicycles.

Racks must be easily usable with both U-locks and cable locks.

Bicycle parking facilities shall be located in close proximity to the entrance of the building.

Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and/or theft.

Declaration of age qualification.

Prior to the recording of the subdivision and/or land development plan and the issuance of any permits for the housing for older persons development, the developer of the housing for older persons development shall record a declaration against the property being developed in the Recorder of Deeds' Office in and for Lancaster County, Pennsylvania, in a form and content acceptable to the Township Solicitor, binding the property and owners to the minimum age qualification and such other regulations as may be established by the developer. Such qualifications and regulations shall be in accordance with both federal and Pennsylvania law relating to housing for older persons and shall contain the following minimum age qualifications: All of the permitted dwellings shall be occupied by a head of household at least 55 years of age and have no permanent residents under the age of 19. Permanent resident means a person who customarily resides at a subject address as his/her primary place of residence, including full-time caregivers, whether or not related to a member of the household, but not including guests residing for a period of less than 31 consecutive days or 61 cumulative days within any given calendar year, or persons under the age of 19 enrolled on a full-time basis in a college or university and living elsewhere during regular schooling periods, or active duty members of a United States Military unit during periods of authorized leave. Any person(s) greater than 19 years of age may reside in a permitted dwelling as a permanent resident if they are directly involved with the management, maintenance or caregiving for this development. The maximum number of permanent residents living in any permitted dwelling unit shall never be greater than two for the first bedroom and one for each additional bedroom.

§ 340-108.2 Moderate density housing for age-restricted developments.

The recorded declaration shall relieve the Township from any obligation to enforce the qualifications and regulations set forth therein and shall place the primary obligation of enforcement on the owners, residents and/or governing association, if any, of the housing for older persons development. The recorded declaration shall require that the development at all times qualify and be marketed, operated, verified and enforced as housing for older persons as required by the Federal Fair Housing Act, as amended, and the Pennsylvania Human Relations Act, as amended, or any future corresponding statutes and the regulations promulgated under such federal and state statutes. The recorded declaration shall further require that documentation satisfactory to the Township be submitted from time to time to demonstrate compliance with all laws and regulations governing housing for older persons.

A property which has been developed under the special standards allowed for a housing for older persons development shall not, at any time in the future, change from a housing for older persons development unless all of the standards and requirements applicable to the proposed use shall be and are met.

Should the owners, residents and/or governing association of the housing for older persons development fail to enforce the housing for older persons development restrictions, the Township shall have the right (but not the obligation) to do so by any lawful means, including the imposition of civil penalties and/or by seeking injunctive relief.

The developer of a housing for older persons development under this chapter shall consent and agree to the provisions of this § 340-108.1 and to comply with all state and federal laws and regulations governing housing for older persons. The developer shall submit such a written statement in a form and content satisfactory to the Township Solicitor at the time of application for conditional use approval and again at the time of filing of a subdivision and/or land development plan.

The developer of a housing for older persons development under this chapter shall include as notes on the recorded subdivision and/or land development plan any conditions the Board of Supervisors has imposed upon the granting of the conditional use application authorizing the housing for older persons development. The subdivision and/or land development plan shall incorporate by reference the provisions of this § 340-108.1 and shall contain the recording reference for the declaration required by § 340-108.1L.

[Added 10-3-2012 by Ord. No. 257]

Within the R-2 Zone, moderate density age-restricted housing developments are permitted by conditional use, subject to the following criteria:

The minimum site area devoted to a moderate density housing for age-restricted development shall be 40 acres.

All dwelling units contained within a moderate density housing for age-restricted development shall be connected to and served by both public sewer and public water utilities.

The moderate density housing for age-restricted development shall front on a public/dedicated street. Maximum density can be increased if the age-restricted development fronts on a public/dedicated collector or special collector street and all internal streets are private.

Architectural considerations. During the conditional use process, proposed buildings within the moderate density housing for age-restricted development shall incorporate architectural treatments acceptable to the Township.

Residential design standards.

The moderate density housing for age-restricted development shall consist of only the following types of residential units, subject to the ratios specified in this section:

Single-family detached dwellings.

Duplexes.

The following table and its footnotes list the design standards for moderate density age-restricted development. If no individual lot lines are proposed, structures shall be placed so that they could meet the standards if lot lines were proposed and the structures were on individual lots.

Use	Minimum Lot Width at Building Setback (feet)	Open Space (percentage)	Maximum⁴ Lot Coverage (percentage)	Front¹ (feet)	One¹ Side (feet)	Both¹ Sides (feet)	Rear¹ (feet)	Maximum Permitted Height (feet)
Single-family detached dwelling	48	30%	70%	15²	6	12	15	35
Duplex	35 per unit	20%	80%	15²	6	N/A	15	35
Community³ accessory structures and facilities	50	50%	50%	15²	6	12	12	35

NOTES:
¹	A thirty-foot setback shall be provided along all perimeter property lines for the site.
²	The minimum front yard setback for accessory residential garages shall be 20 feet from the cartway edge for private access drives, 20 feet from the r-o-w line for public roads and 20 feet from any sidewalks.
³	The facilities community building shall be at least 25 square feet per dwelling unit in size.
⁴	Overall lot coverage for the entire development shall not exceed 60%.

Density. The maximum permitted density of a moderate density housing for age-restricted development shall be four dwelling units per acre, but can be increased to 4.5 dwelling units per acre if the development fronts along a collector or special collector road.

The proposed development shall meet the following standards:

The proposed development shall provide links to integrate the developed areas of the site with the surrounding community.

The proposed development shall provide links to open space networks within the community.

The proposed development shall provide infrastructure/roadway improvements that are depicted on the Township's Official Map and improve traffic conditions and circulation.

The proposed development shall be within the Urban Growth Area.

The proposed development shall be compatible with the character of the surrounding neighborhood and shall fit within the traditional style of development with care taken to provide special design features, compatible architectural features, and landscaping to enhance the site and create a pedestrian-friendly streetscape.

The proposed development shall encourage the use of alternative transportation.

Required mixture of uses. For a moderate density housing for age-restricted development, a mixture of uses that conforms with the following ratios shall be provided:

	Use	Required Percentage
	Single-family	Minimum 70%
	Duplex	Maximum 30%

Sidewalks are required unless during the conditional use process an alternative plan is submitted (which may include trails, traffic-calming devices, and other features) and is approved by the Board of Supervisors.

Open space and common open space.

For a housing for age-restricted development, at least 30% of the development site shall be devoted to common open space. Such required common open space can be reduced or relocated during the conditional use process when all ground is held in common ownership and if acceptable to and approved by the Board of Supervisors.

All housing for age-restricted developments shall provide for a complete system of sidewalks, linear parks or linear paths that, where practicable, fully integrate the developed areas of the site, connect with similar adjoining facilities, and connect with any common open space that may be required.

The housing for age-restricted development shall include an appropriate amount of landscaping within the open space areas of the lot or lots which landscaping shall be subject to approval by the Board of Supervisors. The design of the open space may include:

Stormwater management facilities vegetated with native plants to a reasonable degree as acceptable to the Township and approved by the Board of Supervisors.

Environmentally significant or sensitive areas.

Landscape and buffer areas greater than 10 feet in width.

Public outdoor spaces which may include vegetative plantings and decorative pervious paving, including paver stones, or bricks or concrete pavers set in porous space.

Landscaped islands within parking areas.

Floodplain areas.

The design of the open space areas shall be based on a survey and analysis of the existing natural, cultural and environmental features of the site. Such design shall:

Preserve important features of the site, identified by the survey, by inclusion of these features within and as part of the open space system.

Be linked together where feasible as determined by the Board of Supervisors through the use of pedestrian walkways.

Include the location of seasonal interest vegetative planting strategically located to provide a pleasing walking environment.

Include landscaped islands within parking compounds.

Accessory uses. In addition to the residential dwellings permitted in a moderate density housing age-restricted development, the following accessory uses and buildings are permitted, provided they are clearly secondary and incidental to the principal use and meet the following requirements:

Off-street parking.

Residential services. Recreational, cultural, and health facilities for the use of the residents of the community, including but not limited to the following: clubhouse, in-ground community swimming pool, picnic grounds, and health facilities. The applicant may propose additional facilities. All such facilities shall be subordinate and incidental to the residential character of the development. These accessory uses shall be subject to the design standards set forth in § 340-108.2E of this chapter. Community facilities to support the recreational needs of its residents shall be provided within the moderate density housing for age-restricted development unless the applicant can demonstrate to the satisfaction of the Board of Supervisors that there are recreational facilities available to the residents within an area reasonably accessible by the residents of the moderate density housing for age-restricted development.

Trails.

No individual shed, playground equipment, carports and similar structures can be installed by individual owners.

Off-street parking. Two parking spaces shall be required per dwelling unit.

Bicycle parking. For every 100 homes, one bike rack shall be installed being able to hold at least seven bikes near the community center.

No personal recreational vehicles, motor homes, trailers or boats may be parked within the development unless a dedicated area is shown on the approved site plan at a location acceptable to the Board of Supervisors and properly screened from adjoining residential properties.

Declaration of age qualification.

Prior to the recording of the subdivision and/or land development plan and the issuance of any permits for the moderate density housing for age-restricted development, the developer of the moderate density housing for age-restricted development shall record a declaration against the property being developed in the Recorder of Deeds' office in and for Lancaster County, Pennsylvania, in a form and content acceptable to the Township Solicitor, binding the property and owners to the minimum age qualification and such other regulations as may be established by the developer. Such qualifications and regulations shall be in accordance with both federal and Pennsylvania law relating to age-restricted housing and shall contain the following minimum age qualifications: At least 80% of the permitted dwellings shall be occupied by a head of household at least 55 years of age, and there shall not be any permanent residents under the age of 19. "Permanent resident" means a person who customarily resides at a subject address as his/her primary place of residence, including full-time caregivers, whether or not related to a member of the household, but not including guests residing for a period of less than 31 consecutive days or 61 cumulative days within any given calendar year, or persons under the age of 19 enrolled on a full-time basis in a college or university and living elsewhere during regular schooling periods, or active duty members of a United States Military unit during periods of authorized leave. Any person(s) greater than 19 years of age may reside in a permitted dwelling as a permanent resident if they are directly involved with the management, maintenance or caregiving for this development. The maximum number of permanent residents living in any permitted dwelling unit shall never be greater than two for the first bedroom and one for each additional bedroom.

The recorded declaration shall relieve the Township from any obligation to enforce the qualifications and regulations set forth therein and shall place the primary obligation of enforcement on the owners, residents and/or governing association, if any, of the age-restricted development. The recorded declaration shall require that the development at all times qualify and be marketed, operated, verified and enforced as age-restricted housing as required by the Federal Fair Housing Act, as amended, and the Pennsylvania Human Relations Act, as amended, or any future corresponding statutes and the regulations promulgated under such federal and state statutes. The recorded declaration shall further require that documentation satisfactory to the Township be submitted from time to time to demonstrate compliance with all laws and regulations governing age-restricted housing.

A property which has been developed under the special standards allowed for a moderate density housing for age-restricted development shall not, at any time in the future, change from a moderate density housing for age-restricted development unless all of the standards and requirements applicable to the proposed use shall be and are met.

Should the owners, residents and/or governing association of the moderate density housing for age-restricted development fail to enforce the moderate density housing for age-restricted development restrictions, the Township shall have the right (but not the obligation) to do so by any lawful means, including the imposition of civil penalties and/or by seeking injunctive relief.

The developer of a moderate density housing for age-restricted development under this chapter shall consent and agree to the provisions of this § 340-108.2 and to comply with all state and federal laws and regulations governing age-restricted development. The developer shall submit such a written statement in a form and content satisfactory to the Township Solicitor at the time of application for conditional use approval and again at the time of filing of a subdivision and/or land development plan.

The developer of a moderate density housing for age-restricted development under this chapter shall include as notes on the recorded subdivision and/or land development plan any conditions the Board of Supervisors has imposed upon the granting of the conditional use application authorizing the moderate density housing for age-restricted development. The subdivision and/or land development plan shall incorporate by reference the provisions of this § 340-108.2 and shall contain the recording reference for the declaration required by § 340-108.2M.

The following will be required and be an essential component of all applications for conditional use approval for moderate density housing for age-restricted developments:

The age-restricted development shall be developed according to a single plan that depicts complete build-out of the age-restricted development with common authority and responsibility. If more than one person has an interest in all or a portion of the age-restricted development, all persons with interests in any portion of the age-restricted development tract shall join as applicants and shall present an agreement, in a form acceptable to the Township Solicitor, with the conditional use application guaranteeing that the age-restricted development tract as a whole shall be developed in accordance with an approval granted under this § 340-108.2 as a single age-restricted development with common authority and governing documents.

The conditional use application for an age-restricted development shall include a traffic impact study meeting PennDOT and Township traffic impact study guidelines.

The conditional use application shall include a statement executed by the applicant identifying and committing to the design features for the development and the contributions and reimbursements which the applicant will make to the Township and which the applicant will irrevocably accept as a condition of approval of the age-restricted development.

The conditional use application shall include a commitment to reimburse the Township for all reasonable legal, engineering, land planning, and consulting fees, expenses, and costs incurred in connection with the proposed age-restricted development.