[Ord. 6/11/1975A, Art. III, § 1; as amended by Ord. 86-5, 1/14/1987]
1. 
For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the center line of the property which is abandoned. In the event abandoned property is not divided at the center line for abutting properties, the zoning districts applicable shall apply to such ownership line as determined by virtue of such abandonment.
2. 
For any public property other than streets or alleys, the regulations applicable to the zoning classifications which abuts the abandoned property for the greatest number of lineal feet shall apply to the entire property.
[Ord. 6/11/1975A, Art. III, § 3; as amended by Ord. 86-5, 1/14/1987]
In order to promote the safety of motorists and the pedestrian and to minimize traffic congestion and conflict by reducing the magnitude of and the number of points of contact, the following regulations shall apply on local roads:
1. 
A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed 25 feet in width, except as otherwise provided in this section.
2. 
The maximum number of points of access permitted onto any one street shall be as follows:
Lot Width Abutting Street
Number of Points of Access
Less than 65 feet
1
65 feet to 200 feet
2
Greater than 200 feet
2, plus 1 for each additional 200 feet or fraction thereof
3. 
In lieu of any two openings permitted on any one street, there may be permitted a single point of access up to 35 feet in width. However, service stations shall be permitted two openings, not to exceed 35 feet each in width along any abutting public street providing that such property abuts such street for a distance of not less than 120 feet.
4. 
There shall be a minimum distance of 12 feet between any two openings onto the same street.
5. 
No point of access shall be allowed within 30 feet of the intersection of the right-of-way lines of any public street.
6. 
No curbs shall be cut or altered and no point of access or opening for vehicles onto a public street shall be established without a permit issued by Kingston Township Supervisors under the supervision of the Road Superintendent.
[Ord. 6/11/1975A, Art. III, § 4; as amended by Ord. 1989-4, 6/13/1989, § 16]
No accessory building in residential districts shall be erected in any required court or any yard other than a rear yard, except as provided hereafter. An accessory building may be erected as part of a principal building or if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this chapter for a principal building are complied with.
1. 
Corner Lots in Agricultural and Residential Districts. On any agricultural or residential district, where a corner lot adjoins in the rear a lot fronting on the side street, no part of any accessory building on such corner lot within 25 feet of the common lot line shall be nearer a side road lot line than the least depth of the front yard required along such side street for a dwelling on such lot, and in no case shall any part of such accessory building be nearer to the side road lot line than the least width of the side yard required for the principal building to which it is accessory.
2. 
Setback for Accessory Structures. Part 5, §§ 503, 504, 505, and 506 (uses permitted in residential districts), are made a part hereof by reference made thereto, and they are incorporated herein as though the same were more fully set forth herein to provide applicable setback requirements in all specified residential zoning districts for accessory structures.
[Amended by Ord. No. 2018-4, 12/12/2018]
[Ord. 6/11/1975A, Art. III, § 4; as amended by Ord. 86-5, 1/14/1987]
Where a lot extends through from one street to another, the setback requirement for each such street shall apply. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the provisions of this Part on at least two of the street frontages.
[Ord. 6/11/1975A, Art. III, § 6; as amended by Ord. 86-5, 1/14/1987]
Public schools shall be subject to the regulations in this chapter set forth in Part 5, § 504.
1. 
Private schools, churches and religious institutions shall be permitted in agricultural, single-family residential districts, two-family residential districts, multifamily residential districts, general commercial, and neighborhood commercial districts provided that the following requirements are complied with:
A. 
Off-street parking shall be provided as set forth in Part 3, § 330.
B. 
The principal building and accessory buildings shall comply with the yard and setback requirements of the district in which it is located; and in no case less than the minimum requirements set forth in the district.
2. 
Private schools, churches and religious institutions may be permitted as a conditional use, see Part 6, § 603.
[Ord. 6/11/1975A, Art. III, § 7; as amended by Ord. 86-5, 1/14/1987]
No premises shall be used or occupied for the purpose of a cemetery, mausoleum or crematory in any district excepting in multifamily residential, single-family residential, and agricultural districts and then only upon approval after public hearing. No land for which a plat has not been recorded shall be used for any burials. The dead shall not be buried or placed closer than 10 feet to any property line.
[Ord. 6/11/1975A, Art. III, § 8]
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the Part applying to such district.
[Ord. 6/11/1975A, Art. III, § 10; as amended by Ord. 86-5, 1/14/1987]
Excavation of sand, gravel, coal or other material from the surface shall be considered a temporary use, and shall be permitted only in a mining district. The extent of excavations shall not be nearer than 100 feet to any school, church, dwelling or highway. Operations for drilling, blasting and excavating purposes shall not be conducted earlier than 7:00 a.m. nor later than 7:00 p.m. during each day except Sunday. On Sunday, all operations shall cease.
[Ord. 6/11/1975A, Art. III, § 11; as amended by Ord. 86-5, 1/14/1987; and by Ord. 91-4, 6/12/1991, § 2]
Nothing contained in this chapter shall be deemed or construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement or premises legally existing in the respective districts at the time this chapter becomes effective; provided, however, that if any such existing lawful uses change to a different use after the date of the adoption of this chapter, such different use shall conform to the provisions of this chapter regulating the particular district in which said premises is situated. If any legally nonconforming use or occupancy of a building or premises conflicts with any requirement of this chapter or any of its amendments, such use shall not be moved, structurally altered or added to except after approval by the Zoning Officer, subject to the requirements of §§  320, 321 and 322 of this chapter.
All future building, structures, repairs, alterations or other improvements shall comply with all district requirements contained herein, and such structural provisions of the building code and other regulations as have been incorporated herein and made a part hereof, including any building on which construction has been suspended at the time this chapter was adopted and any building for which foundations were not completed at said time.
No nonconforming building or structure shall be extended or enlarged except when authorized by the Zoning Hearing Board who may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
[Ord. 6/11/1975A, Art. III, § 12]
Except in mobile home parks, industrial, general and neighborhood commercial districts, no fence, wall, or screened structure, excluding plants and shrubbery, over six feet in height shall be built within any required yard.
[Ord. 6/11/1975A, Art. III, § 13; as amended by Ord. 86-5, 1/14/1987]
Sanitary land fill disposal areas may be approved only as a conditional use in accordance with §§ 603 and 604.
[Ord. 6/11/1975A, Art. III, § 14]
Group housing developments, two single or multiple-family dwellings to be constructed on a plot of ground under single ownership of one acre or more, not subdivided into the customary streets and lots and which shall not be so subdivided, may be developed in any multifamily district provided that:
1. 
Maximum percent of lot coverage shall not exceed that which is required for the districts in which the project is located.
2. 
Height limits, front, side or rear yard requirements shall be met in accordance with the district in which such group housing is permitted.
[Ord. 6/11/1975A, Art. III, § 15; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
Home occupations, including any profession, vocation, business trade, and personal services, may be conducted in any agricultural district. Home occupations, with the exception of commercial stables or kennels and any occupation which customarily requires the use of a panel or delivery truck, may be conducted in a residential district only after approval of the Zoning Hearing Board, which shall hold a public hearing as set forth in Part 7, §§ 703 and 704, of this chapter. The Zoning Hearing Board may then deny or grant approval of such home occupation in accordance with the special exception procedures of this Zoning chapter.
1. 
The home occupation shall be conducted within the principal building and only by members of the family residing in the building. Not more than one person shall be employed who is not a resident of the premises.
2. 
Not more than 20% of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 40%.
3. 
For the purpose of identification of such use, one nonilluminated wall sign not exceeding four square foot in area may be permitted. Such signs shall identify only the name of the profession and the name of the occupant of the premises and shall be mounted against a wall of the principal building.
4. 
No motor power other than electrically operated motors shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three horsepower, or one horsepower for any single motor.
5. 
There shall be no alteration in the residential character of the premises in connection with such home occupation unless so authorized by the Zoning Hearing Board.
6. 
No merchandise or articles for sale shall be displayed for advertising purposes and no sign or device relative to the sale of such merchandise shall be displayed on the premises.
7. 
No article or materials used in connection with such home occupation shall be stored other than in the principal building so used.
8. 
Any home occupation as provided for in this section may be reviewed by the Zoning Officer at any time and may revoke permission to continue such home occupation at any time thereafter for failure to comply with this chapter or conditions established under a special exception.
[Ord. No. 2018-4, 12/12/2018]
1. 
A no-impact home-based business, as so defined in this chapter, shall also be subject to the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
F. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
G. 
The business may not involve any illegal activity.
2. 
A no-impact home-based business shall be permitted in all residential zones of Kingston Township as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by law or other document applicable to a common interest ownership community.
[Ord. 6/11/1975A, Art. III, § 16; as amended by Ord. 86-5, 1/14/1987]
1. 
All junkyards shall be completely screened from view with a solid fence or wall, maintained in good condition, and painted except for masonry construction, or with suitable plantings.
2. 
No operations shall be conducted which shall cause a general nuisance or endanger the public health.
3. 
All existing junkyards shall comply with these requirements within one year of the date of this chapter or any revision thereto, or shall then terminate their operation.
[Ord. 6/11/1975A, Art. III, § 18; as amended by Ord. 86-5, 1/14/1987]
No building shall be moved onto or constructed on land subject to frequent flooding in any zone, nor shall any existing building so located be enlarged, repaired or altered except in accordance with the floodplain regulations, Chapter 8. If there is any question about the frequency or extent of flooding of any property for which a permit has been requested, the Township Floodplain Map shall be consulted.
[Ord. 6/11/1975A, Art. III, § 19; as amended by Ord. 86-5, 1/14/1987]
Dwellings shall not be permitted in any business or industrial zone as a principal use. However, living units may be established within the principal building in a business or industrial use, provided that such living units within any general commercial or neighborhood commercial district shall have direct access to an abutting street. In the general commercial and neighborhood commercial districts, living units shall be permitted as accessory to the permitted use, and single-family dwellings shall be permitted on existing lots of record including other uses permitted on the same lot as accessory uses. All uses permitted in this section shall be subject to the conditional use procedures in § 601.
[Ord. 6/11/1975A, Art. III, § 20; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
1. 
No single- or multiple-family living unit shall be constructed within a total living area of less than 525 square feet; provided, however, that a special exception to the minimum living area requirements shall be granted for the construction of efficiency-type apartments having no separate bedroom, if it is established that the granting of such exception will not adversely affect the interest of the general public or the character of the surrounding neighborhood. Application for any such special exception shall be made to the Zoning Hearing Board, which shall hold a public hearing as set forth in Part 7, §§ 703 and 704, of this chapter.
2. 
The Zoning Hearing Board may require the submission of plans in connection with such applications, showing the location and type of construction proposed, and may impose such additional requirements as a condition of the granting of the special exception as it deems reasonable and appropriate. (This section shall not apply to mobile homes meeting all other requirements of this Part.)
[Ord. 6/11/1975A, Art. III, § 21; as amended by Ord. 86-5, 1/14/1987; and by Ord. 91-13, 12/11/1991]
1. 
Notwithstanding any provision contained in this chapter to the contrary, a trailer or mobile home, which is to be used exclusively as a single-family dwelling, shall be permitted to be placed in all zoning districts of the Township of Kingston in which a residential use is permitted hereunder, upon the condition that the placement, siting, erection and/or maintenance of said trailer or mobile home for exclusive use as a single-family dwelling in any such zoning district of the Township of Kingston, which is not designated as a permitted trailer or mobile home park must conform with and be in strict accordance with all of the terms and provisions of all ordinances and codes of the Township of Kingston relating to the use of land and to the construction and maintenance of all improvements upon land, now in force or hereafter to be enacted, as the same may apply generally to conventional single-family dwelling units and specifically to trailers or mobile homes.
2. 
A mobile home or trailer may be used temporarily for office purposes during the construction of a principal building or a road, on the issuance of a temporary permit by the Zoning Officer. Such period of use shall not exceed six months, without the approval of the Board.
3. 
Except as otherwise provided herein and except for trailers offered for sale on trailer sale lots, the parking of a trailer, trailer coach or mobile home outside of a permitted trailer park in any district for 49 hours or more, shall be prohibited. Small utility trailers are excluded from this provision.
4. 
Camping and Recreational Equipment. Any owner of camping and recreational equipment, including but not limited to travel trailers, pick-up coaches, motorized homes and boat trailers may park or store such equipment on private residential property subject to the following conditions:
A. 
Such parked or stored camping and recreational equipment shall never be occupied or used for living, sleeping or housekeeping purposes.
B. 
If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible to the rear of the front building line of the lot.
C. 
Notwithstanding the provisions of § 318, Subsection 2, above, camping and recreation equipment may be parked anywhere on the premises while actually being loaded or unloaded.
[Ord. 6/11/1975A, Art. III, § 22; as amended by Ord. No. 2018-4, 12/12/2018]
Whenever a building is moved from any location to a site within Kingston Township, the building shall immediately be made to comply with all provisions of the UCC Codes, if any, and all other relevant zoning regulations of Kingston Township. The person causing the building to be moved shall first secure a building permit from the Township Zoning Officer.
[Ord. 6/11/1975A, Art. III, § 23; as amended by Ord. 86-5, 1/14/1987]
Any lawful use of any dwelling, building or structure existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. No nonconforming building or structure shall be extended, or enlarged except when authorized by the Zoning Hearing Board which may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
Whenever the use of a building shall become nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued, and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restrictive classification.
A nonconforming use of a building or portion thereof which is hereafter discontinued for a continuous period of six months shall not again be used except in conformity with the regulations of the district in which such building is located.
A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its reproduction value at the time of damage, shall not be restored except in conformity with the regulations of the district in which it is located. When damage is less than 60% of its reproduction value, a nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
Nonconforming mobile homes located on a lot in any district when once removed shall not be relocated on such lot and shall not be replaced with another mobile home.
[Ord. 6/11/1975A, Art. III, § 24; as amended by Ord. 86-5, 1/14/1987]
1. 
Remedies. Where two or more nonconforming lots with continuous frontage are under the same ownership or where a nonconforming lot has a continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one or more building sites meeting the lot requirements of the district in which they are located.
2. 
Dwellings on Nonconforming Lots. A building permit may be issued for a single-family dwelling on any nonconforming lot, provided that the remedies set forth in this section cannot be complied with and provided that the regulations of the district in which the lot is located are met.
3. 
Nonconforming Uses of Land. The nonconforming use of land not involving any principal building or structure existing on the effective date of this chapter may be continued; provided, however, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this chapter.
4. 
Dwellings on Sub-Standard Lots. The Zoning Officer may issue a building permit for a single-family dwelling for a substandard lot only after the Zoning Hearing Board grants such variances on lot and building requirements, in cases of physical hardship, so as not to create any condition detrimental to the public health, safety, and welfare.
[Ord. 6/11/1975A, Art. III, § 25; as amended by Ord. 86-5, 1/14/1987; and by Ord. 1989-4, 6/13/1989, § 17]
Use of any building or structure not in conformance with these regulations pertaining to uses permitted on the effective date of this chapter may not be:
1. 
Applicable to a change to another nonconforming use, except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7, §§ 703 and 704, of this chapter, in order to determine the question of suitability for uses permitted in the district in which such subject building is located.
[Amended by Ord. No. 2018-4, 12/12/2018]
2. 
Reestablished after discontinuance for six months except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7, § 703, of this chapter, in order to determine the question of suitability for uses permitted in the district in which such building is located.
3. 
Extended, enlarged, or expanded unless authorized by the Zoning Hearing Board which may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
[Ord. 6/ll/1975A, Art. III, § 26]
Nursing homes shall include convalescent homes, homes for the aged, and such other activities designed to take care of the aged or persons unable to care for themselves without supervision or assistance. Nursing homes only with Zoning Hearing Board approval shall be permitted in any multifamily residential district. Such uses shall comply with all regulations applicable to the district. Such uses shall comply with the off-street parking requirements set forth in this chapter. In addition, such uses shall meet the minimum requirements as set forth by state or federal agencies regulating such activities and shall, upon application, for either building permit or occupancy certificate, provide certificates indicating approval by such state and federal agencies.
[Ord. 6/11/1975A, Art. III, § 27; as amended by Ord. 86-5, 1/14/1987]
In order to minimize accidents caused by obstruction to vision at road and/or driveway intersections, the following regulations shall apply in all districts:
1. 
Within the area formed by the rights-of-way lines of intersecting roads and a straight line connecting points on such rights-of-way lines, at a distance of 20 feet from their points of intersection such connecting line extending beyond the points to the curbline there shall be a clear space with no obstruction to vision between the height of 30 inches and a height of 10 feet above the average grade of each road as measured at the center line thereof.
2. 
Requirements of this section shall not be deemed to prohibit any necessary retaining wall.
3. 
Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed height.
[Ord. 6/11/1975A, Art. III, § 28; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
Nothing shall be allowed on the premises in any district which would in any way be offensive, disturbing, or noxious by reason of the emission of odors, liquids, gas, dust, smoke, vibration or noise. All uses must comply with the requirements of the State DEP.
[Ord. 6/11/1975A, Art. III, § 29; as amended by Ord. 86-5, 1/14/1987]
In all districts off-street parking facilities shall be provided and properly maintained as set forth in this section for any building which is hereafter erected, enlarged or increased in capacity.
1. 
Size and access. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and be in usable shape and condition, except in the case of single family detached dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be not less than 10 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases.
Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.
2. 
Number of Parking Spaces Required. The number of off-street parking spaces required are set forth in the following table. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-Street Parking Space Requirements
Uses
Required Parking Spaces
Automatic laundry
1 for each laundry machine
Automobile sales and service garage
1 for each 400 square feet floor area
Banks/professional offices
1 for each 300 square feet floor area
Bowling alleys
4 for each alley
Churches, temples, or places of worship, funeral homes, schools, public buildings, theaters, auditoriums, areas and places of assembly, private clubs, community buildings, social halls, and lodges
1 for each 4 seats of maximum seating capacity in principal assembly area or 1 for each 17 classroom seats, whichever is greater
Country clubs, golf clubs, gun clubs, tennis clubs and organizations designed to provide outdoor sporting or recreational activities
1 for each 5 members
Driving ranges and golf courses
2 for each tee
Dwellings – single-family
2 for each unit
Dwellings – multiple
1 1/2 for each unit
Food store, supermarket
1 for each 200 square feet floor area
Funeral homes, mortuaries
1 for each 4 seats
Furniture, appliance stores
1 for each 200 square feet floor area
Hospitals, sanitariums, and nursing homes
1 for each 2 patient beds
Hotels and motels
1 for each guest room plus 1 for each 3 employees
Manufacturing, industrial plant, research laboratory, bottling plants
1 for each 2 employees on largest shift plus 1 per company vehicle
Manufacturing and industrial concerns with retail business on premises
1 for each 2 employees on largest shift plus 1 for each 150 square feet devoted to sales or service
Medical or dental offices
3 for each doctor or dentist
Restaurants, beer parlors, nightclubs
1 for each 2.5 seats plus 1 for each 3 employees
Retail stores and shops
1 for each 300 square feet floor area
Rooming houses, boarding houses, dormitories, fraternities and sororities
1 for each 2 beds
Service station
2 for each pump
Sports arenas, auditoriums, theaters, assembly halls
1 for each 3.5 seats
Trailer or monument sales or auctions
1 for each 2,500 square feet of lot area
Wholesale and warehouse concerns
1 for each 2 employees, plus 1 for each company vehicle, plus 1 for each 500 square feet of wholesale or retail sales or service
3. 
Location.
A. 
Such parking space as required in this section shall in no part exist upon and no portion of any vehicle shall overhang the right-of-way of any public road, street, alley or walkway. There shall be no off-street parking in the front yards of residential districts except as normally exists in driveways.
B. 
The parking spaces for all dwellings shall be located on the same plot as the main building.
C. 
Parking spaces for all other uses shall be provided on the same plot with the main building or not more than 300 feet distance, as measured along the nearest pedestrian walkway provided that such parking area is under the same ownership as the principal use. The applicant for a building permit which proposes to use an area for off-street parking in order to meet the requirements of this chapter and in accordance with the provisions of this subsection shall submit evidence of a restrictive covenant running with the land to be used for off-street parking purposes stating that such land shall not be encroached upon, used, sold, leased, or conveyed for any other purpose until such time as the principal building ceases to be required to provide such off-street parking facilities.
D. 
Parking requirements for two or more uses of the same or of different types may be provided by the establishment of the required number of spaces for each use in a common parking area provided that all such uses being served by a common parking area are under the same ownership. Accessory uses shall not be required to have additional parking spaces other than those required by the principal use.
E. 
Off-street parking areas may be situated in any residential district abutting any commercial district or industrial district to a depth not exceeding 120 feet and provided that all off-street parking lot improvements as provided in Subsection 4A of this section are complied with.
4. 
Requirements. Any off-street parking lots serving any use other than dwellings of four units per building or less shall meet the following off-street parking lot improvement requirements:
A. 
Screening and Landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas shall be screened on each side which joins or faces residential or industrial premises situated in any R District.
B. 
Surfacing for all retail sales and services, business services and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface, all-weather pavement of asphalt or cement and shall be so graded and drained to provide for the adequate runoff and disposal of surface water.
C. 
Lighting. Where lighting facilities are provided for the parking area, they shall be designed and installed so as to reflect the light away from any contiguous residentially zoned property.
5. 
Off-Street Loading Requirements.
A. 
Every hospital, institution, commercial or industrial building or similar use having a floor area of 20,000 square feet or more and requiring receipt or distribution by vehicle of materials or merchandise shall have at least one permanent off-street loading space for each 20,000 square feet of gross floor area or fraction thereof immediately adjacent to the principal building.
B. 
Every building which requires the receipt or distribution by vehicles of material or merchandise, shall provide off-street loading berths in accordance with the following tables:
Off-Street Loading Space Requirements
Uses
Square Feet of Floor Area
Required Off-Street Loading Berths
Commercial, wholesale manufacturing and storage
10,000 to 25,000
1
25,000 to 40,000
2
40,000 to 60,000
3
60,000 to 100,000
4
For each additional 50,000 or major fraction thereof
1 additional
Hospitals (in addition to space for ambulance)
10,000 to 30,000
1
For each additional 300,000 or major fraction thereof
1 additional
Hotels, offices and multi-dwellings
10,000 or more
1
Schools
15,000 or more
1
Undertakers and funeral parlors
5,000
1
C. 
Every off-street loading and unloading space shall have direct access to the public street or alley and shall have the following minimum dimensions: length, 30 feet; width, 12 feet; height, 14 feet.
[Ord. 6/11/1975A, Art. III, § 30; as amended by Ord. 86-5, 1/14/1987]
1. 
One Family Residential Districts, Two Family Residential Districts, Multifamily Residential and Mobile Home Districts. Every part of a yard or court shall be open from its lowest point to the sky unobstructed except for the customary projection of sills, belts, courses, cornices, ornamental features, and eaves; provided, however, that none of the above projections shall extend into a yard more than 36 inches. Open or enclosed fire escapes, outside stairways, balconies, chimneys, flues or other projections shall not extend into any yard except that uncovered steps may project not more than three feet into the yard.
[Ord. 6/11/1975A, Art. III, § 31; as amended by Ord. 86-5, 1/14/1987]
All motor vehicles shall, in addition to parking regulation of this chapter, comply with regulations found in Chapter 15, Motor Vehicles.
[Ord. 6/11/1975A, Art. III, § 32]
These performance standards shall apply to all nonresidential uses,
1. 
Smoke, Dust and Dirt. There shall be no emission of visible smoke, dust, dirt, fly ash or any particulate matter from any pipes, vents, or other openings from any other source into the air. All fuels shall be either smokeless in nature or shall be used so as to prevent any emission of visible smoke, fly ash, or cinders into the air.
2. 
Fumes, Vapors and Gases. There shall be no emissions of any fumes, vapors or gases of a noxious, toxic or corrosive nature which can cause any damage or irritation to health, animals, vegetation or to any form of property.
3. 
Sewerage. There shall be no discharge at any point of liquid or solid waste into any public sewage disposal system which will overload such system or create detrimental effects in the flow and treatment of public sewage. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of any kind or nature which would contaminate any water supply or otherwise cause emission of dangerous or objectionable elements or conditions. There shall be no accumulation of solid waste conducive to the breeding of rodents or insects.
4. 
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, obnoxious or unpleasant beyond the property line on which the principal use is located. Any process including the preparation of food which may involve the creation and emission of any such odor shall be provided with a primary and secondary safeguard system so that odor control may be maintained in the event of failure of the primary safeguard system.
5. 
Noise. The permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the average noise level prevailing for the same hour as generated by streets and traffic activity. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.
6. 
Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.
[Ord. 6/ll/1975A, Art. III, § 33]
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure, or part thereof, for which official approval and required permits have been granted, or where no approvals or permits are necessary, where construction has been legally started, before the enactment of this chapter and completed within a one-year period.
[Ord. 6/11/1975A, Art. III, § 34]
The principal building on any lot or parcel of land shall be erected within the area bound by the building lines established by setback or yard requirements. Accessory buildings may be erected within any building line established for the principal building and in required rear yards as may be otherwise provided in these regulations.
[Ord. 6/11/1975A, Art. III, § 35]
Except mobile home park districts and the group housing projects as provided in these regulations, only one principal building and its customary accessory buildings may hereafter be erected on any lot of record. Any dwelling shall be deemed to be the principal building on the lot on which the same is located. An addition to any building shall not be construed as a principal building.
[Ord. 6/11/1975A, Art. III, § 36; as amended by Ord. 86-5, 1/14/1987]
Nothing in these regulations shall be construed to prohibit or to prevent the erection of a retaining wall on any property provided that such retaining wall does not adversely affect the natural flow of surface water or create any other adverse effect upon adjacent or adjoining properties. However, any application for a retaining wall shall be subject to approval of the Zoning Officer before the issuance of a permit.
[Ord. 6/11/1975A, Art. III, § 37; as amended by Ord. 86-5, 1/14/1987]
Shopping centers are hereby defined as a group of retail stores or shops on one or more lots under single ownership or management with an area of five acres or more and with a minimum depth of 300 feet established as a shopping entity with common parking facilities, ingress and egress loading and unloading facilities. Shopping centers shall be permitted in any general or neighborhood commercial district and may be developed in accordance with approval of a plat of a subdivision or land development as approved by the Planning Commission. The shopping center shall not be divided into separate lots for each store or use. No permit shall be issued for the construction of shopping centers until the plans and specifications, including the design of ingress and egress roads, parking facilities and other such items as may be found of importance, have been approved by the Planning Commission. No buildings shall be erected closer than 50 feet to any road right-of-way line. There shall be provided a minimum of one parking space for each 200 square feet of floor area designed to be used for business or shopping purposes. Such parking area including maneuvering areas, ingress and egress roads, and driving lanes shall be paved and kept in good repair at all times with a hard all-weather surface. All points of access shall be to a public road; however, there shall be no public roads or alleys within the shopping center property. All loading and unloading shall be done entirely within the shopping center property. Except as otherwise provided in this section all uses within the shopping centers shall conform with other regulations as set forth in this chapter.
[Ord. 6/11/1975A, Art. III, § 39]
In all districts except the industrial districts, no building in the rear of a principal building on the same lot shall be used for residence purposes unless it conforms to the open space requirements of this chapter, and for the purpose of determining the front yard in such case, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling an unoccupied and unobstructed accessway not less than 10 feet wide to a road, and there shall not be more than one dwelling housing not more than two families for each such easement, except that a common easement of access at least 40 feet wide may be provided for two or more dwellings housing any number of families.
[Ord. 6/11/1975A, Art. III, § 40]
No lot shall contain any dwelling unless it abuts at least 20 feet on a public street, or unless it conforms to the easement of access required of this Part.
[Ord. 6/11/1975A, Art. III, § 41]
On any corner lot in any district, no fence, structure or planting, more than 30 inches high measured from the center of the road, shall be erected or maintained within 20 feet of the "corner" so as not to interfere with traffic visibility across the corner.
[Ord. 6/11/1975A, Art. III, § 42; as amended by Ord. 86-5, 1/14/1987]
1. 
Agricultural Uses. Except for compliance with minimum yard requirements, visibility across corner lots, and for the commercial raising of fur-bearing animals, or hog farms, nothing in this chapter shall prohibit the use of any land for agricultural purposes as defined herein, or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, in any agricultural district.
[Ord. 6/11/1975A, Art. III, § 43; as amended by Ord. 1980-2, 11/12/1980, §§ 1, 2; and by Ord. 86-5, 1/14/1987]
1. 
Private Swimming Pools. A private swimming pool in the ground or permanent installations above the ground, but not including farm ponds, as regulated herein, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in a B-1, A-1 or any R District except as an accessory use and unless it complies with the following conditions and requirements:
A. 
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.
B. 
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
C. 
The swimming pool, or the entire property on which it is located, shall be so walled or substantially fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than four feet above ground level and shall be maintained in good condition and grounded for electricity. All pools shall conform to the Pennsylvania DEP Standards. Said fence or wall shall be installed completely around the perimeter of the pool area and shall entirely surround prior to the pool being filled with water. The penalty for having failed to install a fence or wall as above prescribed before filling the pool with water shall be a fine levied upon the owner at the rate of $100 per day. Inspection by the Zoning Officer shall be made within 48 hours of having been notified by the owner of the completion of all construction with respect to the swimming pool and the enclosure surrounding the perimeter.
[Amended by Ord. No. 2018-4, 12/12/2018]
2. 
Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:
A. 
The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one 100 feet to any property line of the property on which it is located.
B. 
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than four feet in height and maintained in good condition and grounded for electricity. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees and maintained in good condition.
3. 
No owner or possessor of a swimming pool may cause any water from a swimming pool to drain or backwash or to be drained or backwashed directly or indirectly upon the real or personal property of another.
[Ord. 6/11/1975A, Art. III, § 44]
No zoning permit for construction, erection, or alteration of any building or structure or part thereof, or for signs or outdoor advertisements, or part thereof, shall be valid for more than one year unless work at the site has commenced within such period.
[Ord. 6/ll/1975A, Art. III, § 45]
The Zoning Officer shall be given at least 24 hours' notice by owner or applicant prior to commencement of work at the site under zoning permits.
[Ord. 6/11/1975A, Art. VI, § 1]
Any lot of record existing at the effective date of this chapter in any A-1 or R District may be used for the erection of a single-family dwelling, even though its area and width is less than the minimum requirements set forth herein, except as set forth hereafter. Front, side and rear yards shall conform with the requirements of this chapter as closely as possible. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a permit shall be referred to the Board, which may require that the two lots be combined and used for one main building.
[Ord. 6/11/1975A, Art. VI, § 2]
1. 
Front Yards: Residence Districts, Through Lots. In any R District, where a lot runs through a block from street to street, a front yard as required by this chapter shall be provided along each street lot line.
2. 
Projections into Yards and Courts. A wall or fence six feet in height or under, or higher if a retaining wall, may be erected within the limits of any yard not extending beyond the front setback line. Any wall or fence in the front yard, not including a retaining wall, shall be limited to 30 inches in height.
Patios may not be located closer than 10 feet to any adjacent property line.
Architectural Projections. Chimneys, leaders, cornices, eaves, gutters and bay windows, and the like, may extend not more than 24 inches into any required yard.
3. 
Accessory Structures. Attached accessory structures, which are attached to the principal buildings, shall comply with all yard requirements for a principal structure.
[Amended by Ord. No. 2018-4, 12/12/2018]
A. 
Unattached accessory structures in A-1 and R Districts may be erected within a rear yard, provided they conform with the following:
(1) 
Maximum height: 1 1/2 stories or 15 feet, except in A-1 Districts.
(2) 
An accessory structure shall not be less than the distance provided in Chapter 27, Part 3, § 303, Subsection 2, hereof, from any lot line.
(3) 
An accessory structure shall be located not less than 10 feet from a principal structure.
(4) 
Not more than two accessory structures, including a private garage, shall be located in any R District, on one lot.
B. 
Unattached nonresidential accessory structures shall comply with the front and side yard requirements for the principal structure. They shall have a rear yard (see Chapter 27, Part 3, § 303, Subsection 2, hereof), except as otherwise specified in this chapter.
[Ord. 90-8, 10/10/1990, § 2]
1. 
Family day-care homes and group day-care homes may locate by right in any residential district subject to the standards in that particular district for a single family residence and the following additional safeguards, whichever is more restrictive:
A. 
Day-care facilities must hold an approved Pennsylvania Department of Public Welfare registration certificate or license, as appropriate, and meet all current Department of Public Welfare regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes.
B. 
Parking. In addition to the particular district's parking requirements, there shall be one additional off-street parking space provided for each nonresident employee and one safe passenger unloading space measuring at least 10 feet by 20 feet.
C. 
Fencing. The requisite outdoor play area shall be surrounded by a safety fence.
D. 
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
E. 
Sign. Any sign shall comply with standards governing signs for home occupations. See § 313 of this chapter.
F. 
When day-care is provided in a home, the amount of floor area devoted to such purposes shall not exceed 30% of the total floor area of the dwelling and there shall be no change to the exterior of the building for the purpose of accommodating the day-care use.
G. 
All day-care homes and facilities shall be fully protected by smoke detectors and fire extinguishers.
2. 
Day-care centers may locate by special exception, in any district, except C1 Conservation District, subject to the regulations of that zoning district for single family residence and the following additional standards, whichever is more restrictive:
A. 
Parking. There shall be one off-street space provided for each employee and one safe passenger unloading space measuring 10 feet by 20 feet, for each 10 children that the facility is licensed to accommodate.
B. 
Off-Premises Play Area. When an off-premises outdoor area is utilized, it must be located within 800 feet and be safety accessible without crossing at grade any arterial street or other hazardous area.
C. 
Fence. The outdoor play area required by state licensing shall be surrounded by a safety fence.
D. 
Play Area Setback. No portion of the outside play area shall be less then 100 feet from an existing occupied dwelling.
E. 
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
F. 
Signs. Any sign shall comply with regulations applicable to institutional signs. See § 201, Subsection 2, of Chapter 19, Part 2, Township Sign Ordinance.
G. 
Concentration. No day-care center shall be established within 500 feet from another day-care center or private nursery or kindergarten.
H. 
Lot Size. The minimum site or lot area shall be one acre. When centralized water and sewerage systems are not available, the minimum lot size shall be increased as necessary to meet the DEP Chapter 73, Standards for Onlot Sewage Treatment Facilities (25 Pa. Code § 73.17).
[Amended by Ord. No. 2018-4, 12/12/2018]
The minimum site or lot area shall be determined by the following table when centralized water and sewage service is provided:
License Capacity
(children)
Minimum Lot Size
(square feet)
7 to 10
8,000
11 to 15
10,000
16 to 20
15,000
21 to 25
20,000
26 to 30
25,000
31 to 40
35,000
41 to 50
40,000
51 and above
40,000 plus 500 square feet for additional child, i.e., 52 children equals 41,000 square feet
I. 
Soundproofing. When co-located in a building employing noisy operations, the municipality may require sound proofing of the day-care facility to protect the children.
J. 
Day-care centers must hold an approved Pennsylvania Department of Public Welfare license as appropriate, and meet all current Department of Public Welfare regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building fire safety codes.
K. 
All day-care facilities shall be fully protected by smoke detectors and fire extinguishers.
[Ord. 90-8, 10/10/1990, § 2]
The private nursery or kindergarten shall be permitted to locate by special exception in any zoning district, except C1 Conservation District, if it complies with all zoning regulations governing day-care centers (see § 344) with the exception of licensing by the Department of Public Welfare, and the following additional safeguards:
1. 
The operator possesses a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.
2. 
Other Regulations. The private nursery or kindergarten must also meet any applicable state and municipal building and fire safety codes.
3. 
Municipal officials reserve the right to make periodic inspections to ensure continued compliance with all state and municipal requirements.
4. 
All facilities shall be fully protected by smoke detectors and fire extinguishers.
[Ord. 90-8, 10/10/1990, § 2]
1. 
Bed-and-breakfast homestay may locate in any Single Family (R-1) or Two Family (R-2) Residential District as a home occupation subject to all home occupation regulations as set forth in this chapter and the following additional requirements, whichever is more restrictive.
A. 
Sleeping accommodations shall be located only within an owner-occupied dwelling and shall be limited to one or rooms with a total size not to exceed 20%, or 500 square feet of the dwelling, whichever is less.
B. 
Not more than one family or four unrelated guests may be accommodated at any one time. The length of stay per guest shall be limited to seven days per thirty-day period.
C. 
One off-street parking space shall be provided for each two guests of the bed-and-breakfast establishment, provided that, in no case shall the total number of parking spaces on the lot exceed four.
D. 
Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment and shall be limited to breakfast.
E. 
No more than one bed-and-breakfast establishment is permitted per lot. No bed-and-breakfast establishment may be located within 500 feet of an existing bed-and-breakfast establishment, to be measured from the closest distance between lot lines of the properties accommodating said bed-and-breakfast establishments.
2. 
Bed-and-breakfast inn may locate in any commercial district subject to all regulations in that district as set forth in this chapter.
[Ord. 94-9, 6/8/1994, § 2]
1. 
Public and semipublic uses are permitted as conditional uses in all zoning districts pursuant to standards and criteria expressed in this Chapter 27, and Part 7, § 709, of this Chapter 27, and, in addition thereto, the following additional standards and criteria shall apply:
A. 
No structure on the lot is closer than 50 feet from any abutting residential property line or 15 feet from any abutting commercial, agricultural or industrial property line.
B. 
All parking areas will comply with off-street parking regulations as specified in Part 3, § 326, of this chapter.
2. 
In granting a conditional use, the Board of Supervisors may order such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary.
[Ord. 6/11/1975A, Art II; as added by Ord. 2000-3, 4/12/2000, § 348]
1. 
Where possible a communications antenna shall be attached to an existing structure or building.
2. 
An antenna may not be located on a building or structure that is listed on a historic register, or is in a historic district.
3. 
Building mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
4. 
Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet.
5. 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
6. 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
7. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
8. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the Structure for review by the Code Enforcement Officer for compliance with the Township building code and other applicable law.
9. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
10. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
11. 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
12. 
All communications equipment shall be enclosed within an existing building, or an addition to the existing structure, unless the site is vacant, then the Communications Equipment Building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
13. 
A landscape buffer shall be planted in accordance with § 601, Subsection 2W, and vehicle access and parking access to the building shall not interfere with the parking of vehicular circulation on the lot of the principal use.
[Amended by Ord. No. 2018-4, 12/12/2018]
14. 
The communications tower site shall be fully automated and unattended on a daily basis, unless emergency conditions prevail. Two reserved off-street paved parking spaces shall be required upon a communications tower site.
15. 
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
16. 
Any security fence shall be a minimum of eight feet tall with, as a minimum, the lower six feet being visually opaque. The fence is to be constructed of wood, decorative masonry or appropriate iron elements designed to minimize the visual impact of the fence on the surrounding landscape. The following materials will not be permitted: fences made of mesh or chain link as well as vinyl. Barbed or security wire will not be permitted nor will electrified fences of any type. Security fences constructed of common cast masonry units will not be permitted, unless the fence matches the predominant finish of the equipment building. Decorative, split, ground or textured face, cast masonry unit fences may be permitted.
17. 
All fences must be actively maintained throughout the life of the facility.
18. 
A sign not to exceed 12 inches by 16 inches in size will be securely attached to the fence at any entrance and two other sides of the communication tower site. This sign shall provide the following information in a legible typeface and size:
A. 
Owner of facility.
B. 
Operator(s) of facility.
C. 
FCC license number for facility.
D. 
Emergency phone contact number(s) (in bold text).
E. 
Locational information for facility.
F. 
Local community emergency services number.
G. 
Number for local building and zoning office.
H. 
A warning to trespassers.
19. 
The signs must be maintained, secured and legible and must be updated when any of the information becomes obsolete.
20. 
The location of the signs shall be delineated on the site landscape plan.
21. 
The owner, applicant or his designee of the communications tower shall submit on an annual basis verification of all current FCC license(s) to that location, the name, address and emergency telephone number for the operator of all communication antennae, and certificate of insurance as provided at the initial application.
[Ord. 2010-8, 10/13/2010]
1. 
Definitions. The following definitions shall apply to this Section:
APPLICANT
The person or entity filing an application for a permit under this Section.
FACILITY OWNER
The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
HUB HEIGHT
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
OCCUPIED BUILDING
A residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
TURBINE HEIGHT
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
WIND ENERGY FACILITY
An electric generation facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. The term does not include a stand-alone wind turbine constructed primarily for on-site residential or farm use.
WIND TURBINE
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and pad turbine, if any.
ESSENTIAL SERVICES
The erection, construction, alternation or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas and wind energy facilities. Essential services also include public service buildings, such as police emergency medical and transfer responders and fire facilities.
2. 
Applicability.
A. 
This Section constitutes an integral part of the Zoning Ordinance of the Township of Kingston, and it is an addition to Chapter 27 of the Code of Ordinances of the Township of Kingston, Part 3, and shall be designated as § 349 thereof.
B. 
This Section applies to all wind energy facilities proposed to be constructed after the effective date of this Section, except that this Section is not intended to apply to stand-alone wind turbines constructed primarily for residential or farm use.
C. 
Wind energy facilities constructed prior to the effective date of this Section shall not be required to meet the requirements of this Section, provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this Section.
3. 
Conditional use.
A. 
In all M-1 (Mining Districts) and A-1 (Agricultural Districts), a wind energy facility shall be considered a conditional use. Such conditional use is to be granted only upon the approval of an application for a permit, together with all conditions stated therein.
B. 
All applications for conditional use are to be submitted to the Township Zoning Officer, together with the payment of all prevailing conditional use application fees.
C. 
An application for the use, operation or maintenance of a wind energy facility is to be submitted to the Township Zoning Officer, together with the payment of all prevailing permit fees.
4. 
Regulations governing wind energy facilities as Conditional Uses. Where wind energy facilities are provided for by conditional use, the following specific standards and regulations shall apply and the same shall be specifically addressed in any application for a permit. Design and installation regulations.
A. 
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and regulations adopted by the Department of Labor and Industry.
B. 
Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Engines, or other similar certifying organizations.
C. 
Controls and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for overspeed protection.
D. 
Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. The maximum turbine power output shall be limited to 10 kilowatts.
E. 
Environmental and Visual Appearance; Power Lines.
(1) 
Wind turbines shall be a nonobtrusive color such as white, off-white or gray.
(2) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3) 
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.
(4) 
On-site transmission and power lines between wind turbines shall be placed underground.
(5) 
Where wind characteristics permit, wind turbine shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.
(6) 
Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas to the greatest extent feasible.
F. 
Warnings To Public.
(1) 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2) 
Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
G. 
Climb Prevention/Locks.
(1) 
Wind turbines shall not be climbable up to 15 feet above ground surface.
(2) 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
H. 
Occupied Buildings Setbacks.
(1) 
Wind turbines shall be set back from the nearest occupied building a distance no less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) 
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
I. 
Property Lines Setback. All wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
J. 
Public Roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
K. 
Wetlands. All wind turbines shall be set back from the nearest wetlands a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located at 1.1 times the turbine height, whichever is greater.
L. 
Streams, Lakes, Ponds, Rivers and Creeks. All wind turbines shall be set back from the nearest stream, lake, pond, river and creek a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1,500 feet from said body of water, whichever is greater.
M. 
Waiver of Setbacks. Upon request, the governing body may grant partial waivers of setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest. The governing body may take into consideration the support or opposition of adjacent property owners in granting waivers of setback requirements hereunder.
N. 
Use of Public Roads.
(1) 
The applicant shall identify all state and local public roads to be used within the Township of Kingston to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2) 
The Kingston Township Engineer or a qualified third party engineer hired by the Township and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3) 
The Township may require the bonding of the road in compliance with state regulations.
(4) 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5) 
The applicant shall demonstrate that it has appropriate liquid financial resources to ensure the prompt repair of damaged roads. A financial statement of the applicant must be produced at the time of application for the permit.
O. 
Local Emergency Services. The applicant shall provide a copy of the project summary and site plan to local emergency services, including Police Department, Fire Companies and emergency medical responders. Upon request, the applicant shall cooperate with all police, fire, and emergency service providers to develop and coordinate implementation of an emergency response plan for the wind energy facility.
P. 
Noise and Shadow Flicker. Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from wind turbine Generation Systems Volume I: First Tier. The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property. The governing body may take into consideration the support or opposition of adjacent property owners on granting waivers of noise and shadow flicker restrictions.
Q. 
Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm cause by the wind energy facility.
R. 
Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in aggregate. Certificates shall be made available to the Township upon request.
S. 
Maximum Turbine Height. The maximum turbine height, as so defined herein, shall not exceed 350 feet.
T. 
Inspection Reports. The owner of the wind energy facility shall have it inspected each year for structural and operational integrity by a licensed professional engineer and shall submit a copy of the inspection report to the Township Manager no later than December 31 of each year. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide the Township Manager with a written schedule for the repairs or maintenance and certify the completion thereof.
5. 
Decommissioning.
A. 
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
B. 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
C. 
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
D. 
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to savage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.
E. 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or Commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the Township.
F. 
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.
G. 
If the facility owner or operator fails to complete decommissioning within the period prescribed herein, then the landowner shall have six months to complete decommissioning.
H. 
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
I. 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
6. 
Public Inquiries and Complaints.
A. 
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
B. 
The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
7. 
Remedies.
A. 
It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Section, or any permit issued under this Section, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Section or any permit issued under this Section.
B. 
If the Township determines that a violation of this Section or the permit has occurred, the Township shall provide written notice to any person, firm, or corporation alleged to be in violation of this Section or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Township and the parties shall engage in good-faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation. If a violation constitutes an immediate risk of harm to person or property and is detrimental to the health, safety, and welfare of the residents of the Township of Kingston, appropriate legal action can be taken to cause the violation to be abated or remedied immediately.
C. 
If, after 30 days from the date of the notice of violation, the Township determines, in its discretion, that the parties have not resolved the alleged violation, the Township may institute civil enforcement proceedings or any other remedy at law or in equity to ensure compliance, as provided for in the Zoning Ordinance of the Township of Kingston.
[Ord. 2010-7, 10/13/2010]
1. 
Small-scale windmills for the purpose of serving residential or commercial buildings on site shall be permitted as an accessory use in Agricultural, Residential and Commercial Districts.
2. 
The structure and all appurtenances of the small-scale windmill shall be subject to site plan approval by the Kingston Township Planning Commission. The site plan shall be drawn to an appropriate scale and shall provide construction details and show the location of all existing public roads, existing structures, utility lines and all structures, facilities and power lines to be constructed on the site, as well as identifying adjoining property owners, and the location of any structures on adjoining properties within 100 feet of the common property lines.
3. 
Small-scale windmill facilities, including but not limited to towers, shall be of safe and secure construction to be approved by the Planning Commission, and they shall be subject to any requirements of the Uniform Construction Code, manufacturer's recommendations and stamped and signed plans by a professional engineer certified by Commonwealth of Pennsylvania.
[Amended by Ord. No. 2018-4, 12/12/2018]
4. 
Towers shall be located at least 50 feet from all property lines. Other facilities must follow generally applicable setbacks within the particular zoning district in which the site of the facilities are to be constructed and maintained.
5. 
Towers shall be no more than 35 feet in height from the elevation of the ground at the base of the tower, before the placement of fill, to the top of the blade.
6. 
No more than two towers shall be located upon a property or serve a single commercial or residential structure.
7. 
The property owner must consume at least 2/3 of the power generated by the windmills in his or her or their home or business located on site. The property owner receiving site plan approval shall annually provide a verified report of any electricity generated and all electricity sold from the windmills. Failure to provide an annual report within 60 days of the end of each calendar year shall result in the termination of the authorization to maintain the windmill and subject the property owner to an order for immediate removal of the tower.
8. 
The property owner shall construct and maintain the windmill and tower in a safe manner so as not to present a danger to neighbors or to present an unsightly appearance. The property owner receiving site plan approval shall annually provide a verified report of a qualified contractor certifying as to the structural integrity of the tower and windmill assembly. Failure to provide an annual report within 60 days of the end of each calendar year shall result in the termination of the authorization to maintain the windmill and subject the property owner to an order for immediate removal of the tower.
[Ord. No. 2025-6, 10/8/2025]
1. 
Definitions. The following definitions shall apply to this section unless the context clearly requires otherwise; in this section, the singular shall include the plural and the plural the singular, unless the context clearly requires otherwise.
APPLICANT
Every person seeking conditional use approval for a PSES pursuant to this section, and the owner, landowner, and operator as each is defined herein.
LANDOWNER
Every person owning real property on which any part of a PSES is or is proposed to be located pursuant to an agreement between such person and an owner or operator or other person.
MATURE TREE
An unfelled tree at least five inches in diameter measured at 4.5 feet from the ground, or a freshly felled otherwise living tree five inches or greater in diameter measured at the base of the stump.
NON-PARTICIPATING LANDOWNER
Every person owning real property lying within 300 feet of a real property parcel on which any part of a PSES is or is proposed to be located pursuant to an agreement between a landowner and an owner or operator or other person.
OPERATOR
Every person responsible for the day-to-day operation and maintenance of a PSES.
OWNER
Every person having legal or equitable title to or any interest in the PSES.
PERSON
Includes a natural person, corporation, partnership, limited liability company, business trust, joint venture, other association, estate, trust, or other legal or commercial entity, and including their respective heirs, personal representatives, transferees, successors, and assigns.
PRINCIPAL SOLAR ENERGY SYSTEM or PSES
An electric generating facility whose main purpose is to capture solar or thermal energy, convert it to electrical energy, and supply such energy primarily for off-site use, and including every element of such facility. The terms "Principal Solar Energy System" and "PSES" as used in this section include, in the broadest sense, each and every element of the PSES, whether necessary, ancillary, or incidental to the operation of the PSES, including, without limitation, solar panels, thermal collectors, mounting structures, cabling and wiring, inverters, battery energy storage systems, substations, transmission lines, buildings, roads, stormwater management systems, fencing, vegetative and tree buffering, and the parcel(s) of real estate on which any element of the PSES is located.
PRIVACY FENCING
A fence designed and intended to inhibit the public view and provide seclusion.
2. 
Applicability.
A. 
This section shall apply to every PSES proposed to be constructed after the effective date of this section, and to any physical modification to an existing and permitted PSES that increases or alters the size, type, number, generating capacity, or storage capacity of any element of the PSES. This section is not intended to apply to any electric generating facility constructed or physically modified to use the majority of power generated for on-site residential, on-site business, or on-site agricultural purposes.
B. 
Routine repairs to and maintenance of a PSES, including minor repairs, like-kind replacements of existing fixtures or parts, cleaning, inspections, performance checks, recalibrations, tilt angles, inverter maintenance, post-maintenance grid reconnections, and vegetative maintenance, shall not be considered a physical modification subject to the requirements of this section.
3. 
Conditional Use.
A. 
It shall be unlawful for any person to construct, operate, or physically modify a PSES without first obtaining a conditional use permit pursuant to and in compliance with the provisions of this section.
B. 
A PSES shall be considered a conditional use only in an A-1 (Agricultural District) and an M-1 (Mining District).
C. 
All applications for a conditional use permit under this section shall be submitted to the Township Zoning Officer at least 21 days before a regular meeting of the Township Planning Commission, together with the payment of all prevailing conditional use application fees. The Zoning Officer shall not accept an incomplete application. No application shall be considered complete until all necessary documents have been filed and all fees have been paid to the Township. The Zoning Officer shall notify the applicant in writing whether the application is complete within 10 business days of receipt of the application. If the application is complete, it shall be considered accepted as of the date of mailing or emailing of the notice to the applicant. If the application is incomplete, the Zoning Officer shall advise the applicant in writing of any deficiencies that must be addressed before the application will be considered complete.
D. 
It shall be the burden of the applicant to demonstrate compliance with the standards for conditional use contained in this section and with any other relevant stipulations pursuant to this section, and to indicate means by which potential impacts from the proposed use will be mitigated.
E. 
Conservation Easements; Woodland Areas.
(1) 
This use is prohibited on any property subject to a public conservation easement or open space conditions, or any similar restriction.
(2) 
If the removal of trees is necessary in order to construct a PSES, such removal shall be as limited as possible. Every mature tree removed shall be replaced by the applicant with a like-kind species of tree seedling at a location proposed by the applicant and approved by the Township at a ratio of two new trees for every one mature tree removed. Replacement trees shall be planted within six months of the date of removal of the original tree(s). Replacement trees shall be inventoried and monitored by the applicant for a period of four years to ensure their survival. Replacement trees that do not survive shall be replaced within six months.
4. 
Permits; Concurrent Applications; Failure to Reimburse Application Review Costs and Fees; Compliance With All Applicable Ordinances, Regulations, and Procedures.
A. 
Nothing in this section shall be construed to relieve the applicant for a conditional use from applying for and obtaining other required approvals mandated by Chapter 22, Subdivision and Land Development, and by all other applicable ordinances.
B. 
Conditional use approval is required prior to obtaining land development plan approval. The conditional use approval and land development plan processes may be concurrent. All necessary stormwater plan approval, E & S Control permits, and NPDES permits must be approved prior to receiving final Township approval of the land development plan. An approved land development plan is required for application for a zoning permit.
C. 
Failure by the applicant to reimburse the Township for all application review costs and fees as indicated in Subsection 7C of this section shall, after written notice from the Township Zoning Officer to the applicant formally requesting reimbursement, be grounds for denial of an application without prejudice.
D. 
No building or zoning permit shall be issued until all regulations and procedures in this section have been satisfied; all applicable ordinances and regulations in the Kingston Township Code have been satisfied; and all applicable requirements of the Commonwealth of Pennsylvania and United States Government have been satisfied as evidenced by the prior written approval of the state or federal agency having jurisdiction, including, without limitation, the operator's license and copies of all state and federal permits.
E. 
No certificate for use and occupancy of a PSES shall be issued until the owner or operator shall have provided to the Township Zoning Officer a copy of the final inspection and interconnection approval report for the PSES from the public utility company to which the PSES proposes to be connected.
5. 
Regulations Governing Principal Solar Energy Systems as Conditional Uses.
A. 
An application for a conditional use under this section shall include eight copies of the following information and documentation:
(1) 
A narrative describing the proposed PSES, including a statement of expected public benefits of the project; an overview of the project; the location of the PSES; the approximate generating capacity of the PSES; the approximate number, representative types and height or range of heights of all solar panels or thermal collectors to be constructed, including generating capacity, dimensions, and manufacturers; and a description of all necessary, ancillary, and incidental elements of the PSES.
(2) 
A copy of the lease document, less financial compensation terms, that shows the applicant has entered into an agreement for site control and that defines the ownership of the proposed assets to be placed on the property.
(3) 
An affidavit, lease, or power of attorney between the landowner and the owner or operator demonstrating that the owner or operator has the permission of the landowner to apply for necessary permits for construction and operation of the PSES.
(4) 
A list of all local, state, and federal governing and regulatory bodies having jurisdiction over the PSES, and copies of all required permits, licenses, or approvals from all such bodies.
(5) 
Written confirmation that the public utility company to which the PSES proposes to be connected has been informed of the applicant's intent to install a grid connected system. The written confirmation shall include a statement of capacity and a statement from the public utility company indicating conditional approval (pending final inspection by the public utility company) of the proposed connection.
(6) 
Precise identification of the real property parcel(s) for which the conditional use is requested; a list of names and addresses of all landowners, all non-participating landowners, and all tenants of all real property parcels lying within 300 feet of any real property parcel on which any part of a PSES is or is proposed to be located; and copies of written notification of the proposed project to all non-participating landowners and all said tenants.
(7) 
A site plan diagramming existing topography, existing development, existing mature trees, and the planned dimensions and location of every element of the PSES within the geographical boundaries of any applicable setback.
(8) 
Precise information, supported by equipment and component manufacturers' noise ratings, sufficient to determine compliance with the noise regulation in Subsection 5B(1)(d) of this section.
(9) 
The landscape plan required by Subsection 5B(1)(g)2)c) of this section.
(10) 
Information (e.g., preliminary site grading, preliminary stormwater management analysis, sewage disposal, etc.) sufficient to preliminarily determine compliance with all applicable Township ordinances and regulations, including zoning, stormwater management, subdivision and land development, and sewers and sewage disposal ordinances and regulations. For purposes of stormwater management, the total horizontal projection area of all ground-mounted and freestanding solar or thermal collectors, including solar photovoltaic cells, panels, and arrays, shall be considered impervious.
(11) 
A transportation plan that shows all roadways to be utilized to transport equipment and parts for the proposed site during construction, operation, and maintenance of the PSES, and that addresses conditions for repair or replacement if damage to roads occurs during construction, operation, or maintenance activities. The transportation plan shall comply with the requirements of Subsection 5C (Use of Public Roads; Bonding) of this section.
(12) 
An emergency response plan for the PSES. The emergency response plan shall include specific details on the emergency equipment that will be kept on-site to respond to a fire or medical or other emergency; initial and ongoing local emergency responder training, drills, and communications plans; measures for responding to various emergencies; and proof that the proposed site is served by an adequate water supply for firefighting purposes. The emergency response plan shall demonstrate compliance with the requirements in Subsection 5D (Local Emergency Services) of this section.
(13) 
A decommissioning plan, including schedules to remove every element of the PSES except land, dispose of or recycle each element, reclaim all disturbed areas; and proof of financial security. The decommissioning plan shall demonstrate compliance with the requirements of Subsection 5G (Decommissioning; Performance Bond) of this section.
(14) 
Other relevant studies, reports, certifications and approvals as may be provided by the applicant or reasonably required by the Kingston Township Planning Commission, the Kingston Township Zoning Hearing Board, or the Kingston Township Board of Supervisors, to ensure compliance with all applicable Kingston Township ordinances and regulations.
B. 
An application for a conditional use under this section shall demonstrate compliance with the following requirements.
(1) 
Design and Installation.
(a) 
Uniform Construction Code. To the extent applicable, the PSES shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended,[1] and the regulations adopted by the Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
(b) 
Design Safety Certification. The design of the PSES shall conform to all applicable industry standards, including those of the American National Standards Institute (ANSI). The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations.
(c) 
Electrical Components. All electrical components of the PSES, including any inverter, transformer, or battery energy storage system, shall conform to all relevant and applicable local, state and national codes, and relevant and applicable international standards.
(d) 
The one-hour average noise generated from a PSES, including from any inverter, transformer, or battery energy storage system, shall not exceed a noise level of 60 dB(A) when measured at the boundary line of real property owned by a non-participating landowner. An applicant may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may from time to time be required to provide appropriate measurements from a reasonable number of sampled locations at the perimeter of the PSES to demonstrate compliance with this requirement.
(e) 
Areas within 10 feet on each side of a battery energy storage system shall at all times be kept clear of combustible vegetation and other combustible growth.
(f) 
Lighting; Visual Appearance; Glare; Power Lines.
1) 
The PSES shall not be artificially lighted, except to the extent required for safety and to comply with applicable federal, state, or local requirements. To every extent possible, all required lighting shall be motion-activated, fully shielded, and directed downward so as to minimize negative impacts to adjacent uses.
2) 
Solar panels shall not display advertising, except for reasonable identification of the panel manufacturer, owner and operator.
3) 
All on-site utility lines, transmission lines, other wiring, and plumbing shall, to every extent possible, be placed underground.
4) 
The applicant shall, to every extent possible, seek to limit harmful glare to surrounding properties and roadways.
(g) 
Screening.
1) 
A topographic and vegetative buffer shall be located outside of the privacy fencing required in Subsection 5B(2)(a) of this section. The purpose of the buffer shall be to mitigate, to every extent possible, the visual impact of the PSES. The buffer shall consist of a landscaping strip at least 15 feet wide along the entire perimeter of the required privacy fencing.
2) 
The following buffer plantings shall be located throughout the landscaping strip:
a) 
At a minimum, a double-staggered row of evergreen trees planted 15 feet on center. Each evergreen tree shall have foliage that remains green throughout the year, shall be not less than five feet in height at installation, and shall be sized to reach a height of eight feet within 36 months of installation.
b) 
Existing topography and vegetation (plants, shrubs, hedges, and trees) shall be preserved to every extent possible.
c) 
A landscape plan prepared by a Pennsylvania registered landscape architect shall be submitted as part of the land development and or subdivision plan. This plan will become part of the final approved subdivision and or land development plans and will be recorded with the approved plans. This plan shall delineate and identify existing vegetation (plants, shrubs, hedges, and trees), buffer plantings (including sizes at installation), planting areas, landscaping, fencing type, construction, and finishes, as well as paved and lawn areas.
d) 
All vegetation, buffer plantings, planting areas, landscaping, fencing, paved and lawn areas shall be actively maintained throughout the life of the facility per the requirements of this section and the approved design as delineated in the landscape plan and any recorded plan.
e) 
Additional vegetative screening, trees, hedges, and landscaping may be required at the discretion of the Planning Commission or the Board of Supervisors. Vegetative screening, trees, hedges, and landscaping shall, to every extent possible, minimize the view of privacy fencing from any public road and any real property owned by any non-participating landowner.
(2) 
Prevention of Unauthorized Entry.
(a) 
Privacy fencing of not less than eight feet and not more than 12 feet in height shall be provided around the perimeter of the PSES in compliance with the National Electrical Code (NEC). Fencing shall be designed to allow small wildlife to forage in and around the site and move freely through or under the fencing while preventing entry by large animals and unauthorized persons.
(b) 
A self-locking gate shall be provided at each access road to prevent entry by unauthorized persons, and shall use a Knox Rapid Access System or similar type of entry for emergency access.
(c) 
All access to substation, battery energy storage system, and other high voltage electrical equipment shall be locked or fenced, as required by applicable safety standards.
(3) 
Signs, Warnings.
(a) 
A clearly visible sign shall be posted at each self-locking gate containing the following information; 24-hour emergency contact name and telephone number for the operator of the PSES; 911 emergency address of the PSES; and emergency shutdown procedures.
(b) 
Warning and other safety signage shall comply with all applicable NEC standards and recommended best practices. Privacy fencing shall be clearly marked with warning signs at intervals of not more than 100 feet, and at each entrance.
(c) 
Clearly visible warning and danger signage concerning voltage shall be placed at the base of all pad-mounted transformers, substations, and battery energy storage systems.
(d) 
Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of all guy wires for any gantries or transmission line poles and along all guy wires up to a height of 10 feet from the ground.
(4) 
Setbacks.
(a) 
The setbacks for all above-ground elements of the PSES, including solar panels or thermal collectors, equipment, and structures, shall be not less than 150 feet from the boundary line of any real property owned by a non-participating landowner; and not less than 40 feet from the nearest right-of-way line of any public or private street or right-of-way.
(b) 
Privacy fencing, vegetative screening, and landscaping may be constructed or installed within the setback area provided they do not create an unsafe sight distance along public roadways or interfere with clear sight triangles at intersecting roadways and/or driveways.
(c) 
Upon request, the Zoning Hearing Board may grant waivers or modifications of setback requirements hereunder where the applicant has shown that literal enforcement will exact undue hardship because of unique physical conditions of the land in question, and provided that such modification will not be contrary to the public interest. When considering such requests, the Zoning Hearing Board may take into consideration the impact of the PSES on the surrounding neighborhood, and also any measures proposed by the applicant to mitigate those impacts. Notwithstanding the foregoing, in no event shall a waiver or modification of setback requirements hereunder effect a waiver or modification of the noise restriction in Subsection 5B(1)(d) of this section.
(5) 
Access Roads; Interior Roads and Drive Aisles.
(a) 
Access to the PSES shall be provided by road from a public street. All access points shall be secured by a self-locking gate.
(b) 
All road and drive aisles interior to the PSES shall be interconnected whenever possible. Where such roads or drive aisles are not interconnected, they shall be terminated with a cul-de-sac, hammerhead or other like design.
(c) 
All roads and drive aisles shall be designed to be suitable for heavy loads and to provide adequate access for fire-fighting and other emergency service equipment. All road and drive-aisle dimensions and turning radii shall be sufficient to accommodate the free flow of all such equipment and adequate access in front of, between, and behind buildings and structures.
(d) 
All impervious (including surfaced, paved, graveled, compacted, or similarly constructed) roads, drive aisles, cul-de-sacs, hammerheads, and other like designs, shall be kept passable for emergency vehicles at all times, and shall be completely cleared of snow and ice within eight hours after the end of a rain, snow, sleet, hail, or freezing rain fall.
C. 
Use of Public Roads; Bonding.
(1) 
The applicant may be required to bond public roadways with PennDOT or Kingston Township or other municipalities in accordance with state and local regulations. In that case, copies of executed bond agreements shall be provided to the Kingston Township Board of Supervisors prior to the commencement of construction. To the extent that roadways are bonded with PennDOT or the Township or other municipalities, as the case may require, the remainder of this Subsection C (Use of Public Roads; Bonding) shall not apply.
(2) 
The Township Engineer or other qualified third-party engineer hired by the Township shall document road conditions prior to construction; and shall document road conditions again 30 days after construction is complete or as weather permits.
(3) 
Any road damage caused by the applicant or its contractors shall be repaired promptly or as soon as practical at the applicant's expense to a minimum quality of travel at the initial road condition using materials that meet or exceed the specification of the roadway.
(4) 
The applicant shall provide the Township with an executed maintenance agreement with the roadway owner to ensure the prompt repair of damaged roads.
D. 
Local Emergency Services.
(1) 
Not less than 60 days before the start of construction of the PSES, the applicant shall provide a copy of the emergency response plan for the PSES to all local emergency services, including the Kingston Township Police Department, Kingston Township Fire Departments, Emergency Medical Services, County Emergency Management Agency, and 911 Communications for the associated public safety answering point. The applicant shall cooperate with police, fire, and other emergency service providers to develop, revise, and coordinate implementation of, the emergency response plan.
(2) 
The applicant shall procure and post a valid 911 physical address for the PSES as required by any applicable ordinance and state and federal law.
(3) 
The applicant shall pay all costs and expenses of any kind related to training for police, firefighters, paramedics, emergency medical service workers, and other first responders, that are in any way required by the PSES or the emergency response plan.
(4) 
The applicant shall pay all costs and expenses of any kind related to equipment for police, firefighters, paramedics, emergency medical service workers, or other first responders, that is in any way required primarily as a result of the PSES or the emergency response plan.
(5) 
Initial training for local emergency responders shall be completed not less than 30 days before the start of construction of the PSES. Ongoing training and drills for local emergency responders shall take place not more than every 18 months after the start of construction of the PSES.
E. 
Signal Interference. The applicant shall make every effort to avoid any disruption or loss of radio, telephone, television or similar signals, and shall make every effort to mitigate any such disruption or loss caused by the PSES.
F. 
Liability Insurance. The owner and the operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $5 million per occurrence and $10 million in the aggregate. The dollar amounts specified in this subsection shall be adjusted every five years after the effective date of this section, by the cumulative percentage increase over the immediately preceding five-year period in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), as published by the Bureau of Labor Statistics, rounded to the nearest multiple of $100,000. Coverage required under this subsection may be shown by primary and umbrella policies or a corporate group policy, as applicable. Current certificates of insurance shall be provided to the Township Zoning Officer on an ongoing basis.
G. 
Decommissioning; Performance Bond.
(1) 
The owner and operator shall, at their sole expense, completely decommission the PSES within 12 months after the end of the useful life of the PSES. The owner and operator shall notify the Township Zoning Officer immediately upon permanent cessation or abandonment of the PSES, or whenever the PSES generates no electricity for commercial production for a continuous period of three months. The PSES shall be presumed to be at the end of its useful life and decommissioning shall commence immediately if no electricity is generated for commercial production and distribution for a continuous period of 12 months.
(2) 
Decommissioning shall include removal of every surface and subsurface element of the PSES except land; and reclamation of land.
(a) 
Removal of surface and subsurface elements shall include removal of gravel, other similar surfacing materials, foundations, and all underground materials and equipment. To the extent possible all materials and equipment removed from the PSES shall be salvaged. Materials and equipment that cannot be salvaged shall be disposed of at a facility authorized to dispose of such as required by state or federal law.
(b) 
To the extent possible, land reclamation shall restore the original landform or create a landform that approximates and blends in with the surrounding landform. Reclamation shall commence as soon as possible, and shall include salvaging and reusing all available topsoil in a timely manner, revegetating disturbed areas with native species, controlling erosion, controlling invasive non-native plants and noxious weeds, and monitoring results to ensure successful reclamation. Reclamation will be judged successful when a self-sustaining, vigorous, diverse, native plant community is established on the site, with a density sufficient to control erosion and non-native plant invasion and to re-establish wildlife habitat or forage production. Erosion control generally is sufficient when adequate groundcover is reestablished, water naturally infiltrates into the soil, and gullying, headcutting, slumping, and deep or excessive rilling is not observed. The site must be free of non-native plants and noxious weeds, contaminated soil, debris, and materials and equipment. When reclamation requirements have been met, the owner or operator shall inform the Township Zoning Officer that reclamation has been completed and that the site is ready for final inspection.
(c) 
Roads and drive aisles, stormwater management facilities, sewage and sewage disposal facilities, privacy fencing, and vegetative screening and landscaping may be left in place if requested or agreed to in a writing signed by the landowner.
(3) 
Performance Bond.
(a) 
Prior to any PSES construction, the owner or operator shall furnish to the Township a performance bond to guarantee the decommissioning of the PSES in accordance with the requirements of this section. Such bond shall be in favor of the Township, and shall be in an amount equal to 110% of the decommissioning cost estimate as defined and determined in this section.
(b) 
To determine the amount of the bond, the owner or operator shall retain an independent and certified professional engineer to provide estimates of the total cost of decommissioning the PSES without regard to the value of materials and equipment salvaged from the PSES ("Estimated Gross Decommissioning Costs"); the salvage value of all such materials and equipment ("Estimated Salvage Value"); and the Decommissioning Cost Estimate, which shall be defined and determined as follows: Estimated Gross Decommissioning Costs minus 90% of Estimated Salvage Value equals Decommissioning Cost Estimate.
(c) 
An updated Decommissioning Cost Estimate shall be submitted to the Board of Supervisors after the first year of operation and every fifth year thereafter. Upon approval from the Township Engineer, the bond shall be updated to reflect 110% of the approved amount.
(d) 
The bond shall be executed by one or more surety companies legally authorized to do business in the Commonwealth of Pennsylvania; shall be subject to the approval of the Township; and shall contain the following endorsement: "This bond may not be canceled or allowed to lapse until 60 days after actual receipt by the Kingston Township Manager, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."
(e) 
If the owner or operator fails to complete decommissioning within the period prescribed by this section, the landowner shall complete decommissioning of the PSES within 18 months after the end of the useful life of the PSES. The bond shall be structured to allow the Township to draw on the financial security to reimburse the landowner for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Board of Supervisors.
(f) 
If neither the owner or operator nor the landowner complete decommissioning within the periods prescribed by this section, the Township may take such measures as the Township, in its sole and absolute discretion, deems necessary to complete decommissioning.
(g) 
The Township shall release the bond when the owner or operator has demonstrated, and the Board of Supervisors concurs, that decommissioning (including land reclamation) has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.
(4) 
In the event of sale or transfer of the PSES, every successor owner and every successor operator shall adhere to the original monetary and operational decommissioning requirements set forth for the original owner and operator.
H. 
Public Inquiries and Complaints.
(1) 
The owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the PSES.
(2) 
The owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
6. 
Compliance; Inspections.
A. 
A conditional use permit under this section shall be predicated and conditioned upon the proposed development or use complying with all requirements of this section, other applicable requirements of this chapter, Chapter 22, Subdivision and Land Development, and all other applicable ordinances and state and federal laws. The violation of any condition of approval shall be considered a violation of this section.
B. 
Kingston Township reserves the right to inspect a PSES at any time if any part of the PSES appears inoperative or appears to constitute a danger to life or property. Twenty-four-hour advance notice shall be provided to the operator except in the case of an emergency.
7. 
Enforcement; Recovery of Administrative Costs and Fees.
A. 
It shall be unlawful for any person to violate, or fail to comply with, or take any action which is contrary to the terms of this section. If the Township determines that a violation has occurred, a notice of violation shall be issued in accordance with the laws specified by the Township and the Commonwealth of Pennsylvania.
B. 
Any person who or which shall violate or permit to be violated the provisions of this section shall, upon being found liable therefor in a civil enforcement proceeding brought by Kingston Township before a District Magistrate, pay a fine of not more than $600, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No fine shall commence or be imposed, levied, or be payable until the date of the determination of the violation by a District Magistrate. Each day that a violation exists and is continued shall constitute a separate offense, unless the District Magistrate who determines that a violation has occurred shall further determine that there was a good faith basis for the defendant to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of determination by such District Magistrate and thereafter every day shall constitute a separate offense.
C. 
To the extent permitted by law, the Township shall be entitled to recover from any applicant, owner, operator, or landowner all of the Township's costs and fees arising out of or in any way related to the application, administration, or enforcement of any provision of this section. Such costs and fees may include, but not be limited to, those for any and all studies, reports, consultant fees, certifications, approvals, inspections, and engineer and other technical expert reviews (including updated decommissioning cost estimates) as may reasonably be necessary to review any application under, or administer any provision of, this section, to ensure compliance with all Kingston Township ordinances and regulations, to remedy violations of this section, or to abate nuisances. Such costs and fees may include, but not be limited to, fees set forth in the Township Schedule of Fees. Costs and fees may be collected as a municipal claim under applicable law against the property upon which the PSES, or portions thereof, is located.
8. 
General Provisions; Effective Date.
A. 
Repealer. All ordinances or parts of ordinances which are inconsistent with this section are repealed to the extent necessary to give effect to the provisions of this section.
B. 
Savings Clause. In all other respects, the Kingston Township Code shall remain as previously enacted and ordained.
C. 
Severability. The provisions of this section are declared to be severable. If any section, subsection, sentence, clause, or part thereof of this section is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid, or contrary to any provision of state or federal law, that section, subsection, sentence, clause, or part thereof shall not affect the validity of the remaining provisions of this section. It is hereby declared the intent of the governing body to have enacted this section as if such unconstitutional, illegal, or invalid section, subsection, sentence, clause, or part thereof had not been included therein.
D. 
Effective Date. This section shall take effect according to law.
[Ord. No. 2025-5, 10/8/2025]
1. 
Definitions. The following definitions shall apply to this section unless the context clearly requires otherwise; in this section, the singular shall include the plural and the plural the singular, unless the context clearly requires otherwise.
MOBILE FOOD FACILITY
A movable retail food facility, such as a stand, vehicle, cart, basket, box, or similar structure, from which food or beverages are stored, prepared, processed, distributed, or sold, and which may be self-propelled, pulled, or pushed down a sidewalk, street, or highway. This definition shall not include: a non-movable facility or structure, such as a semi-permanent farmstand; a facility from which farm or agricultural products are made available for sale during a farmers' market; farmers selling their own produce; and ice cream trucks, being a specialized vehicle selling ice cream, frozen yogurt, frozen custard, Italian ice or similar products, so long as the ice cream truck is not at any stationary location for a period in excess of 10 minutes.
OWNER
Every person having legal or equitable title to or any interest in a mobile food facility.
PERSON
Includes a natural person, corporation, partnership, limited liability company, business trust, joint venture, other association, estate, trust, or other legal or commercial entity, and including their respective heirs, personal representatives, transferees, successors and assigns, including, but not limited to, the owner of a mobile food facility and the agent or employee having charge or control of a mobile food facility in the absence of the owner.
2. 
Applicability. This section shall not apply to:
A. 
A mobile food facility that is exempt from licensure requirements under the Retail Food Safety Act,[1] as indicated in 7 Pa. Code § 46.1141(b) and any amendments thereto.
[1]
Editor's Note: See Pa.C.S.A. § 5701 et seq.
B. 
The operation of a mobile food facility at a Kingston Township-sponsored public event, a pre-arranged neighborhood block party, a community event sponsored by a nonprofit, charitable, religious, or other community organization at its premises, or a public gathering for which a permit has been issued under Chapter 13, Part 1 (Public Exhibitions and Amusements) of the Kingston Township Code.
C. 
The operation of a mobile food facility as a private food and beverage caterer, provided, that:
(1) 
The mobile food facility shall be parked entirely on private property.
(2) 
Service shall be limited to guests of the catering event host only, not the general public.
(3) 
Payment shall occur directly between the catering event host and the mobile food facility operator. No payment transactions shall occur for individual orders.
3. 
Mobile Food Facility Permit Required; Application Required; Issuance of Permit; Term of Permit.
A. 
It shall be unlawful for any person to operate or permit the operation of a mobile food facility in Kingston Township where food or beverages are served to the public, without a mobile food facility permit issued by the Township. A separate mobile food facility permit shall be required for each mobile food facility operating in the Township.
B. 
Any person owning or operating or desiring to operate a mobile food facility within Kingston Township shall make application for a mobile food facility permit to the Kingston Township Zoning Officer on a mobile food facility permit application furnished by the Township.
C. 
A mobile food facility permit application shall be filed not less than 30 days prior to the mobile food facility's anticipated opening date.
D. 
A mobile food facility permit shall be issued by the Kingston Township Zoning Officer within 30 days of acceptance by the Zoning Officer of a completed mobile food facility permit application package, provided, that no good cause exists to deny the permit under this section. The Zoning Code Enforcement Officer shall not accept an incomplete application package. A completed application package shall consist of the fully filled out and fully executed mobile food facility permit application; all required information and documentation; and payment of the mobile food facility permit fee. The Zoning Officer shall notify the applicant in writing whether the application package is complete within 10 business days of receipt of the application package. If the application package is complete, it shall be considered accepted as of the date of mailing or emailing of the notice to the applicant. If the application package is incomplete, the Zoning Officer shall advise the applicant in writing of any deficiencies that must be addressed before the application package will be considered complete.
E. 
Unless suspended or revoked, an initial mobile food facility permit shall expire on December 31 of the year in which the initial permit is issued. An unexpired permit may be renewed as set forth in Subsection 4C of this section. A renewed permit shall be effective on January 1 and, unless suspended or revoked, shall expire on December 31 of the year for which the renewed permit is issued.
4. 
Mobile Food Facility Permit Application; Continuing Obligation to Provide Accurate Information and Documentation; Renewal of Permit.
A. 
A mobile food facility permit application shall require, at a minimum, the following information and documentation:
(1) 
Name, address, telephone number, email address, and copy of valid driver license, of: the person applying for the mobile food facility permit; every owner of the mobile food facility; and every agent or employee having charge or control of the mobile food facility in the absence of the owner.
(2) 
Name, registered business address, telephone number, and email address of the business entity operating the mobile food facility.
(3) 
Copy of current valid mobile food facility license issued to the mobile food facility by the Pennsylvania Department of Agriculture.
(4) 
Proof of registration for and compliance with all local income tax requirements for employers or self-employed persons.
(5) 
A certificate of insurance providing general liability insurance of not less than $500,000 per occurrence, listing Kingston Township, its officers, agents and employees as additional insureds. Each owner shall indemnify Kingston Township against any and all claims, losses, injuries or damages to person or property, including attorney fees and court costs, for any claim, loss, injury or damage incurred as a result of any act of the Township, its officers, agents and employees, the owner, and the employees or agents of the owner.
(6) 
Proof of workers' compensation insurance; or an affidavit by each owner of the mobile food facility affirming that workers' compensation insurance is not required, and stating the specific reason why such insurance is not required.
(7) 
Copy of current vehicle registration card for the mobile food facility.
(8) 
Description of the mobile food facility, including, without limitation, color photos of the front, rear, sides, inspection sticker, and license plate of the mobile food facility; color photos of all signage affixed or to be affixed to the mobile food facility; and description of all products sold or to be sold from the mobile food facility.
(9) 
If available at the time of filing the application, or as soon as possible after filing the application or issuance of the mobile food facility permit, the name, address, telephone number, and email address of each owner of the property upon which the mobile food facility proposes to operate, and a copy of the fully executed ground lease, license, or other written permission from each property owner.
(10) 
A verification by each owner of the mobile food facility, that all statements and information in the mobile food facility permit application package are true and correct to the best of the individual owner's knowledge, information, and belief; and that the owner makes such statements subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
B. 
Information and documentation submitted to the Kingston Township Zoning Officer as part of a mobile food facility permit application package shall constitute continuing representations of existing facts and circumstances. Any change, at any time (regardless of whether a mobile food facility permit has been issued, renewed, or is still under consideration) relating to any information or documentation submitted as part of a mobile food facility permit application package, shall be reported within five days of such change to the Township Zoning Officer.
C. 
An unexpired mobile food facility permit may be renewed by submitting to the Kingston Township Zoning Officer, at least 21 days before the expiration of the permit: a copy of the mobile food facility's then-current mobile food facility license issued by the Pennsylvania Department of Agriculture; a permit renewal affidavit swearing or affirming that all changes relating to any information or documentation submitted as part of the mobile food facility's mobile food facility permit application package have been reported to the Zoning Officer; and payment of the mobile food facility permit renewal fee.
D. 
The Kingston Township Zoning Officer is directed to prepare a mobile food facility permit application form and a permit renewal affidavit pursuant to the requirements herein. In the absence of such a prepared application form or affidavit, the application or affidavit required by this section shall be in a writing prepared by the owner and conforming to the requirements of this section.
5. 
Permit Fee; Renewal Fee.
A. 
The mobile food facility permit fee and the mobile food facility permit renewal fee shall be as set forth by resolution in the Kingston Township Schedule of Fees in effect at the time of the application or renewal.
B. 
Fees under this section shall be nonproratable, nonrefundable, and nontransferable.
6. 
False Information Unlawful. It shall be unlawful for any person subject to the provisions of this section to make a false mobile food facility permit application or permit renewal affidavit, or to give or file, or direct the giving or filing of, any false information or documentation with respect to the application package or the affidavit required by this section.
7. 
Mobile Food Facility Regulations.
A. 
A mobile food facility shall operate only on private land located in a Neighborhood Commercial District (B-1) or in a General Commercial District (B-2).
B. 
No mobile food facility may operate on any private land without written permission from the landowner.
C. 
A mobile food facility shall not park, stand, stop, or operate:
(1) 
In any public or private road or right-of-way.
(2) 
Within 50 feet of the primary entrance of any land having another use.
(3) 
In violation of the Pennsylvania Vehicle Code.
D. 
A mobile food facility shall not operate on land where access could become congested, and shall not operate in a manner that impedes vehicular or pedestrian traffic. A mobile food facility shall not cause any congestion of vehicle traffic or pedestrian flow, and if vehicle traffic or pedestrian flow becomes congested, the owner of the mobile food facility, or the agent or employee having charge or control of the mobile food facility in the absence of the owner, shall immediately and without delay vacate the land so as to allow for the free flow of vehicular and pedestrian traffic, and relief of congestion.
E. 
A mobile food facility shall operate only between the hours of 6:00 a.m. and 11:00 p.m., Monday through Sunday.
F. 
Signage identifying or advertising a mobile food facility shall be affixed to the mobile food facility and shall advertise only the name and products being sold or offered for sale from the mobile food facility. The following signage is prohibited: moving objects used to attract attention to the mobile food facility; flashing, blinking, twinkling, animated, or moving signs; signs which emit smoke, visible vapors or particles, sound, or odor; balloons that are greater than 50 cubic feet that are tethered to the land or the mobile food facility or other structure; and neon signage of more than 10 square feet.
G. 
No lighting from a mobile food facility shall illuminate any public or private road or right-of-way, or any property adjoining the property upon which the mobile food facility is permitted to operate. Floodlights and lasers are prohibited.
H. 
Every mobile food facility shall provide a portable waste receptacle for customers. The owner of the mobile food facility and the person in charge of the mobile food facility in the absence of the owner, shall be responsible for proper disposal of the receptacle daily. Waste receptacles may not be left outdoors when the mobile food facility is not in operation.
I. 
Wastewater from a mobile food facility shall not be drained onto the ground, onto any public or private road or right-of-way, or into any storm or sewer drain outlet.
J. 
Music or repetitive sounds shall not project from the mobile food facility. Generator noise shall be minimized so as not to offend the owners or occupants of neighboring properties.
K. 
A five-foot clear space shall be maintained around the mobile food facility at all times, except for portable waste receptacles. A mobile food facility shall be located not less than 25 feet from a side yard line, not less than 30 feet from a rear yard line, and not less than 50 feet from any road.
L. 
A no-smoking sign shall be posted next to the order window on the mobile food facility. Smoking is prohibited within 20 feet of a mobile food facility during the facility's hours of operation.
M. 
A tagged fire extinguisher with a 10 BC rating and a Class K fire extinguisher shall be kept accessible at all times in the mobile food facility.
N. 
Proper electrical power shall be installed and maintained in compliance with the International Electrical Code. Extension cords running from any residential structure for power are prohibited. Extension cords from a commercial use or business shall not run across areas accessible to the public or to vehicular and pedestrian travel.
O. 
A minimum of 10 off-street parking spaces shall be made exclusively available on the land for the mobile food facility while it is in operation. All such off-street parking spaces shall be located within 100 feet walking distance of the mobile food facility. In addition to and separate from the minimum number of off-street parking spaces for the mobile food facility, every other use of the land shall meet the minimum number of off-street parking space requirements for that use as per the Kingston Township Zoning Ordinance.[2] The mobile food facility shall not obstruct parking and access aisles serving other uses on the land, regardless of whether those other uses are open for business when the mobile food facility is in operation.
[2]
Editor's Note: See Ch. 27, Zoning.
P. 
No mobile food facility may park or stop to serve customers within a 150 feet radius of any principal customer entrance to any restaurant or food establishment serving food products during that establishment's hours of operation.
Q. 
A mobile food facility shall at all times be attended by at least one person who is at least 18 years of age and licensed to operate a motor vehicle.
R. 
No mobile food facility shall use utilities (including electric, water, or wastewater) of Kingston Township without the written consent of the Kingston Township Board of Supervisors.
8. 
Display and Transfer of Permit.
A. 
The original mobile food facility permit shall be displayed in a conspicuous place on the mobile food facility.
B. 
A mobile food facility permit shall not be transferable. A transfer of a controlling interest in a mobile food facility shall constitute a termination of the existing permit and the establishment of a new mobile food facility requiring a new permit.
9. 
Denial of Permit; Appeal of Denial.
A. 
Upon a finding of good cause under this section, the Kingston Township Zoning Officer shall deny the issuance of a mobile food facility permit. If a permit is denied, the Zoning Officer shall, within 30 days of acceptance of the completed mobile food facility permit application package, provide the owner of the mobile food facility written notice of the denial along with the reasons for denial.
B. 
A mobile food facility owner shall have the right to appeal the denial of a mobile food facility permit under § 27-352(11).
10. 
Revocation of Permit; Order to Close.
A. 
A mobile food facility permit may be revoked by the Kingston Township Zoning Officer when the Zoning Code Enforcement Officer finds that the information contained in the mobile food facility permit application package or the mobile food facility permit renewal affidavit is false, or when the mobile food facility is operated in violation of any provision of this section. A permit may be revoked by the Zoning Code Enforcement Officer only after service of written notice to the owner of the mobile food facility as provided in § 27-352(11). A mobile food facility owner shall have the right to appeal the revocation of a mobile food facility permit under § 27-352(11).
B. 
When it appears to the Kingston Township Zoning Officer that the operation of the mobile food facility poses an immediate and imminent threat to the public health, safety, or welfare of the residents of the Township or patrons of the mobile food facility that will occur if the facility is not immediately closed, the Zoning Code Enforcement Officer shall have the power to order the immediate closure of the facility until such time that the immediate and imminent threat has been remedied or the Kingston Township Zoning Hearing Board overrules the determination of the Zoning Officer.
11. 
Notice/Service; Corrective Measures; Appeal Rights; Penalties.
A. 
Notice/Service. The Kingston Township Zoning Officer shall have authority to give written notice, by personal service, or by posting on the mobile food facility, or by regular United States Mail, to any person who violates or permits any violation of this section, or when denying or revoking a mobile food facility permit. Notice by personal service or posting shall be effective immediately, and notice by regular United States Mail shall be effective three calendar days after the date of mailing.
B. 
Corrective Measures. For violations of this section, the written notice shall describe each violation, describe action that the alleged violator must take to cure or correct the violation, and direct the alleged violator to take such action within 10 calendar days following service of the notice. Any written notice issued for any violation of this section shall be sufficient to constitute notice of any subsequent violation, provided that the violation is for the same provision of this section and the violation occurs within the same calendar year.
C. 
Appeal. Any person directly affected by a determination of the Kingston Township Zoning Officer shall have the right to appeal the determination to the Kingston Township Zoning Hearing Board, provided that a written application for appeal is filed with the Kingston Township Zoning Officer within 10 calendar days after the day the written notice was served or the permit issued.
D. 
Stay of Enforcement. Appeal of a written notice issued by the Kingston Township Zoning Officer (except for a revocation of a permit) shall stay the action or enforcement of the notice or permit until the appeal is heard by the Kingston Township Zoning Hearing Board.
E. 
Appeal to Court of Common Pleas. Any person aggrieved by any decision of the Kingston Township Zoning Hearing Board may appeal to the Luzerne County Court of Common Pleas within 30 days of the date the decision is mailed to the appellant.
F. 
Penalties. Any person who violates or permits any violation of this section shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus the costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term of not more than 30 days; or a civil penalty of not more than $600, together with court costs and reasonable attorney fees. A separate offense shall arise for each day or portion thereof in which a violation of this section is found to exist, and for each subsection of this section which is found to have been violated.
12. 
General Provisions; Effective Date.
A. 
Repealer. All ordinances or parts of ordinances which are inconsistent with this section are repealed to the extent necessary to give effect to the provisions of this section.
B. 
Savings Clause. In all other respects, the Kingston Township Code shall remain as previously enacted and ordained.
C. 
Severability. The provisions of this section are declared to be severable. If any section, subsection, sentence, clause, or part thereof of this section is held by a court of competent jurisdiction to be unconstitutional, illegal, invalid, or contrary to any provision of state or federal law, that section, subsection, sentence, clause, or part thereof shall not affect the validity of the remaining provisions of this section. It is hereby declared the intent of the governing body to have enacted this section as if such unconstitutional, illegal, or invalid section, subsection, sentence, clause, or part thereof had not been included therein.
D. 
Effective Date. This section shall take effect according to law.