Except as provided by law or in this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in § 195-16 and for the zoning districts so indicated in Articles IV through XVIII. On any property, parcel, or tract of land, only one principal use shall be permitted as provided by § 195-15, Table of Use Regulations.
A. 
A use listed in Articles IV through XVIII as a use permitted by right is permitted subject to such requirements as may be specified in § 195-16 as well as other regulations set forth in this chapter and the Township Code of Ordinances.
B. 
A use listed in Articles IV through XVIII may be permitted as a special exception provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 195-16 and 195-118, other regulations set forth in this chapter and the Township Code of Ordinances, and such further restriction as said Board may establish.
C. 
A use listed in Articles IV through XVIII may be permitted as a conditional use provided the Board of Supervisors, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in §§ 195-16 and 195-120, other regulations set forth in this chapter and the Township Code of Ordinances, and such further conditions that the Board of Supervisors may impose to ensure the protection of adjacent uses, or the health, safety or general welfare.
D. 
A use not listed in Articles IV through XVIII as noted above is not permitted in the specific zoning district. In the event a legal use of land or structure is not listed as a use permitted by right, special exception or conditional use in any zoning district in the Township, the procedures of § 195-14 shall apply. It is the intent of this chapter to provide for all legal uses.
Uses permitted by right, by conditional use, or by special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, buffer yards, and plantings and to such other provisions as are specified in other articles hereof. In particular, the laws of the commonwealth and the regulations of the Pennsylvania Department of Environmental Protection (PADEP) and the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to. Furthermore, no zoning permit shall be issued for any new construction, new use, or change in use which would involve and increase sewage flows unless approval is obtained from the PADEP and the Bucks County Department of Health. Additionally, all new construction, new uses, or changes of use which involve increased sewage flows shall comply with Warwick Township's Act 537 Plan. No zoning permit shall be issued for any new construction, new use, or change in use which would increase stormwater volume, velocity, or points of discharge without compliance with the stormwater management regulations of this code.
A. 
No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the temporary zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation. Temporary accessory uses shall comply with all requirements of § 195-16I(3).
B. 
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to § 195-16I(3).
Other uses, not specifically or adequately defined in § 195-16 of this chapter, may evolve after the enactment of this chapter. From time to time, however, such uses may become reasonable and appropriate uses, and it is the purpose of this section to establish a mechanism for inclusion of such additional uses in the Township.
A. 
The landowner, equitable or otherwise, shall submit his/her request for inclusion of a specific use to the Zoning Officer with illustrations and explanatory information which fully describe the use and the manner in which the proposed use substantially differs from permitted uses in this chapter.
B. 
The Zoning Officer shall review the submission and render a determination as to whether or not the proposed dwelling type or use falls within any of the permitted use classifications of this chapter, is a variation of a permitted use, or is not permitted by ordinance.
C. 
Generally, it is the intent of this chapter that:
(1) 
Residential uses be located in the residential districts.
(2) 
Institutional, office, commercial, and consumer service uses be located in the commercial or office zoning districts.
(3) 
Industrial uses be located in the LI Limited Industrial District.
(4) 
It is the intent of this chapter to provide for all legal uses.
D. 
Such uses shall be permitted in the districts noted above subject to density, area, dimensional and other requirements of the district as conditional uses under § 195-120 of this chapter.
E. 
Any uses not adequately defined shall be referred to the Zoning Hearing Board.
Any deed restriction duly recorded by a note of restriction on a plan or deed recorded at the office of the Bucks County Recorder of Deeds, unless such restriction is shown to be unconstitutional or otherwise legally invalid, shall be given full effect as a part of this chapter.
The Table of Use Regulations is appended at the end of this chapter.
A. 
Agricultural uses.
(1) 
A1 General Farming. The production of agricultural, horticultural, arboricultural, viticultural and dairy products; the keeping of livestock, poultry, fowl and the products thereof; the raising of fur-bearing animals and the products thereof; the products of poultry and bee raising. All buildings (barns, sheds, silos, etc.) associated with this use.
(a) 
Minimum lot area: two acres, provided that no more than two heads of swine shall be located on any lot under 10 acres and that animals of the equidae family shall be located on a property at the ratio no greater than two animals to one acre of land.
[Amended 11-7-2011 by Ord. No. 2011-12]
(b) 
Any building or structure used for the keeping or raising of bees, livestock, horses, poultry or fowl shall be situated not less than 100 feet from any street line or property line. Any grazing for poultry shall be located not less than 100 feet from any street line or property line.
(c) 
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
(d) 
Any building or structure, other than noted in Subsection A(1)(b) and (c) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(e) 
Maximum impervious surface ratio: 3%.
(f) 
Riding academies, livery or boarding stables and commercial dog kennels are not included under this use.
(g) 
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(h) 
Retail sales shall meet the requirements of Use A3 Agricultural Retail.
(i) 
For the keeping of bees, shade and water shall be provided in the immediate vicinity of the hives.
(2) 
A2 Farm Unit. Detached dwelling units for the sole use of the property owner, immediate family members of the property owner and persons engaged in agricultural employment on the property. Immediate family members shall be limited to parents, grandparents, siblings, sons and daughters.
(a) 
A farm unit is an accessory use which shall be clearly subordinate to primary uses A1, A4, A6, A7, A8 and A9.
[Amended 6-18-2018 by Ord. No. 2018-1]
(b) 
Maximum density: 0.5 dwelling unit per acre.
(c) 
A farm unit shall meet the minimum yard and setback requirements of Use B1 Detached Dwelling, from any street line or property line and between other farm units on the property.
(d) 
Parking: two off-street parking spaces per dwelling unit.
(3) 
A3 Agricultural Retail. The retail sales of agricultural products at roadside stands or other structures to the general public.
(a) 
Agricultural retail is an accessory use which shall be clearly subordinate to primary uses A1, A4, A7, A8 and A9.
[Amended 6-18-2018 by Ord. No. 2018-1]
(b) 
A minimum of 50% of the products sold must be grown, produced or raised on the property; the remaining 50% of products sold shall be raised, grown, or produced within the local area.
(c) 
The maximum floor area shall be limited to 2,000 square feet for agricultural retail uses related to agricultural uses A1, A4, A6 and A7.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d) 
Agricultural retail uses shall meet the yard and setback requirements for the related primary agricultural use.
(e) 
The buffer requirements of § 195-63 of this chapter shall be met.
(f) 
Parking: one off-street parking space for each 200 feet of sales area, plus one space for each employee.
(4) 
A4 Intensive Agriculture. Greenhouses; mushroom houses; feedlots; confinement livestock or poultry operations taking place in structures or closed pens.
(a) 
Minimum lot area: 10 acres.
(b) 
Any building or structure used for the keeping or raising of livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.
(c) 
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
(d) 
Any building or structure, other than noted in Subsection A(4)(b), (c) and (l), shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(e) 
Maximum impervious surface ratio: 35%.
(f) 
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g) 
Retail sales shall meet the requirements of Use A3 Agricultural Retail.
(h) 
All applicable regulations of the Pennsylvania Department of Environmental Protection shall be met.
(i) 
Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream or swale and shall not be located within any identified floodplain area.
[Amended 3-16-2015 by Ord. No. 2015-5]
(j) 
The raising of garbage-fed animals is not permitted.
(k) 
Commercial dog kennels and the raising of animals for fur or skins are not included in this use.
(l) 
No area for the storage or processing of manure, garbage, or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.
(m) 
The buffer requirements of § 195-63 shall be met.
(n) 
Parking: one off-street parking space for each employee.
(5) 
A5 Commercial Forestry. For the purpose of this chapter, "commercial forestry" shall mean the removal of trees from a forest or wooded area. Commercial forestry includes the selective cutting of trees for sale as lumber, pulp, firewood, and the like; and the removal of trees from a portion of a forest. In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Township of Warwick to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values.
(a) 
A zoning permit shall be required for commercial forestry activities. An individual property owner, however, need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep. The following activities are specifically exempt from the permitting requirements:
[1] 
Removal of diseased or dead trees.
[2] 
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
[3] 
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height (dbh), and not covered by the exemptions in the foregoing two subsections.
[4] 
Building permit; forest management plan.
[a] 
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 20 feet of such building, structure or use, and all space within five feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses, provided that no trees may be removed in violation of § 195-19.1 (in this chapter) or 195-60 of the existing Zoning Ordinance.
[b] 
Applications for all other commercial forestry activities shall be accompanied by a forest management plan prepared by a forester, forest technician, or forest plan preparer. Every landowner on whose land timber harvesting is to occur shall prepare a written forest management plan in the form specified by this chapter. No commercial forestry activities shall occur until the plan has been prepared, and reviewed and approved by the Township. The Township shall have the authority to hire a qualified forestry professional to review the plan and make recommendations. The cost of said forestry professional shall be paid by the applicant. Once approved, the provisions of the plan shall be followed throughout the commercial forestry operation. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the forest management plan. Each plan must contain the following components:
[i] 
The criteria for selection of trees to be removed will be clearly stated and will conform to a plan for sustainable use of the forest resource. Such plan will describe how the health, diversity, visual block, and general wildlife habitat of the forest will be protected and the potential for future timber harvests maintained.
[ii] 
The forest management plan must provide for a selective cut which will maintain the diversity of species, age and height of the forest.
[iii] 
The forest management plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations, issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law),[1] and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachment Act).[2]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
[iv] 
The forest management plan shall address, at a minimum, the following:
[A] 
Design, construction, maintenance and retirement of the access system, including but not limited to haul roads, skid roads, skid trails and landings.
[B] 
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
[C] 
Design, construction and maintenance of stream and wetland crossings.
[D] 
Road use.
[E] 
Restoration and regrading of the degradated areas of the tract on which the logging will take place, including but not limited to haul roads, skid roads, skid trails and landings.
[F] 
General location of the anticipated operation in relation to municipal and state highways.
[G] 
Property boundary for the tract on which the logging will take place and boundary of the proposed harvest area.
[H] 
A stand description for each stand located in the proposed harvest area.
[I] 
Reforestation.
[J] 
Copies of all required permits shall be submitted as an appendix to the forest management plan.
[v] 
The forest management plan shall include a site map which contains the following information:
[A] 
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area(s) and future harvest area(s) within the property.
[B] 
Location of woodlands upon the property on which the timber harvest will take place, and a stand description for each stand of trees located in the proposed harvest area.
[C] 
Significant topographic features related to potential environmental problems.
[D] 
Location of all earth disturbance activities such as roads, trails, landings, and water control measures and structures.
[E] 
Location of all stream crossings.
[F] 
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
[vi] 
Proof of current general liability and/or workers' compensation insurance.
[vii] 
Proof of Pennsylvania Department of Transportation (PennDOT) highway occupancy permit or Township driveway permit for temporary access, as applicable.
[viii] 
Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports, and other permits as required.
[ix] 
The forest management plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs) as set forth at 33 CFR 323.4[a][6][i-xv].
(b) 
The following requirements shall apply to all commercial forestry operations:
[1] 
The landowner shall notify the Township enforcement officer at least 10 business days before any commercial forestry operations commence and five business days prior to completion of all work prescribed under the forest management plan. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
[2] 
The forest management plan, site map, and all related permits shall be available at the commercial forestry operation site.
[3] 
Any official or employee of the Township, including but not limited to a forestry consultant hired by the Township, may go upon the site of any commercial forestry operation before, during or after active logging to:
[a] 
Review the forest management plan or any other required documents for compliance with this chapter; and
[b] 
Inspect the operation for compliance with the forest management plan and other on-site requirements of this chapter.
[4] 
General operational requirements. The following requirements shall govern all commercial forestry operations:
[a] 
A "no logging" buffer zone with a width of 50 feet shall be maintained along any street abutting or running through a property on which the commercial forestry operation is to be conducted. The buffer shall be measured from the edge of the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from the street.
[b] 
A "no logging" buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the commercial forestry operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from a street.
[c] 
A "no logging" buffer zone with a width of 75 feet shall be maintained along both sides of any watercourse that abuts or runs through a property on which the commercial forestry operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone.
[d] 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare.
[e] 
No tops or slash shall be left within 25 feet of any public roadway. All tops and slash between a distance of 25 feet and 50 feet from a public thoroughfare shall be lopped to a maximum height of six feet above the surface of the ground.
[f] 
No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.
[g] 
Litter (trash) resulting from any commercial forestry operation shall be cleaned up and removed from the site before it is vacated by the operator.
[h] 
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
[i] 
No aspect of commercial forestry activities shall be permitted to occur within areas with slopes exceeding 25%.
[j] 
All zoning permits for commercial forestry activities shall require an erosion and sedimentation plan meeting the current requirements of Chapter 163, Subdivision and Land Development, and any standalone stormwater management ordinances of the Township.[3]
[3]
Editor's Note: See Ch. 157, Stormwater Management.
[k] 
Commercial forestry activities discharging to or impacting any high-quality cold-water fishing and/or EV-designated streams as classified by DEP shall comply with all requirements of the Pennsylvania Code, specifically Chapter 92[4] which sets forth the regulations for streams of exceptional value.
[4]
Editor's Note: Chapter 92 of Title 25 of the Pennsylvania Code was reserved 10-8-2010, effective 10-9-2010. It was replaced by Chapter 92a, National Pollutant Discharge Elimination System (NPDES) Permitting, Monitoring and Compliance.
[l] 
The applicant shall, at least 14 days prior to commencement of commercial forestry activities, send notice by first class U.S. mail to all adjacent property owners indicating the intent of the applicant.
[m] 
All commercial forestry activities, including any roads associated with such activities, shall comply with best management practices (BMPs) as set forth at 33 CFR 323.4[a][6][i-xv].
[n] 
The applicant for a commercial forestry zoning permit shall post financial security in an amount determined by the Township Engineer, sufficient to guarantee compliance with the terms of the this chapter, the forest management plan, and to repair any and all damage to public streets caused by the commercial forestry activities.
[o] 
When the harvest is completed, any and all dirt roads, skid roads, skid trails, log landing areas, and/or log loading areas must be regraded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover.
(c) 
All commercial forestry operations and forest management plans shall comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:
[1] 
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).
[2] 
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
[3] 
Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.).
(6) 
A6 Nursery. The outdoor raising of plants, shrubs and trees for sale and transplantation. This use does not include the garden center use which is regulated as commercial Use G32.
(a) 
Minimum lot area: two acres.
(b) 
Any building or structure shall meet the yard, lot width and setback requirements for the applicable zoning district for Use B1 Detached Dwelling.
(c) 
Maximum impervious surface ratio: 3%.
(d) 
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(e) 
Retail sales shall meet the requirements of Use A3 Agricultural Retail.
(7) 
A7 Farm Support Facility. Commercial grain or commercial feed mill. Facility for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies.
(a) 
Minimum lot area: two acres.
(b) 
Maximum impervious surface ratio: 40%.
(c) 
The lot shall have frontage on and take access from an arterial or a collector highway as designated in this chapter.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
No area for the storage or processing of manure, garbage or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.
(f) 
Parking: one off-street parking space for every 500 square feet of total floor area plus one space for each company vehicle normally stored on the premises.
(g) 
Dwelling units shall meet the requirements of the use A2 Farm Unit.
[Added 6-18-2018 by Ord. No. 2018-1]
(h) 
Retail sales shall meet the requirements of the use A3 Agricultural Retail.
[Added 6-18-2018 by Ord. No. 2018-1]
(8) 
A8 Kennel – Commercial. An establishment, structure, lot or portion of a lot on or in which more than six domestic animals including dogs and cats are housed, bred, boarded, trained or sold or in which laboratory animals or animals for furs and skins are raised.
(a) 
Shows and/or competitions which occur on a property not more than twice in any calendar year are not regulated under this use.
(b) 
Minimum lot area: five acres.
(c) 
No animal shelter or run shall be located closer than 200 feet from any lot line.
(d) 
Maximum impervious surface ratio: 6%.
(e) 
Any building or structure, other than noted in Subsection A(8)(c) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(f) 
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g) 
The buffer requirements of § 195-63 of this chapter shall be met. In addition to the foregoing, soundproofing materials shall be used sufficient to meet the noise requirements of this chapter along all property lines which abut an adjacent residential use or residential zoning district.
(h) 
Retail sales of related items shall be limited to a maximum floor area of 750 square feet.
(i) 
No area for the storage, processing or spraying of animal waste shall be situated less than 200 feet from any street or property line. Such storage or processing shall be approved by the Bucks County Department of Health.
(j) 
A zoning permit shall be obtained on an annual basis.
(k) 
The potential effect of noise shall be considered in the approval of this use.
(l) 
Parking: one off-street parking space for each employee plus one space for each 200 square feet of sales area.
(9) 
A9 Riding Academy. An establishment where horses are boarded and cared for and/or where instruction in riding, jumping and showing is offered and/or the general public may, for a fee, hire horses for riding.
(a) 
Minimum lot area: five acres.
(b) 
Any building or structure used for the keeping or raising of livestock or horses shall be situated not less than 100 feet from any street line or property line.
(c) 
Silos shall be situated not less than 1.25 times the height of the silo from any street line or property line.
(d) 
Any building or structure, other than noted in Subsection A(9)(b) and (c) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(e) 
Maximum impervious surface ratio: 3%.
(f) 
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g) 
Retail sales of related items shall be limited to a maximum floor area of 750 square feet.
(h) 
The buffer requirements of § 195-63 of this chapter shall be met.
(i) 
Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity plus one additional off-street parking space for each employee.
(10) 
A10 Kennel – Noncommercial. An establishment, structure or lot on or in which dogs, cats or domestic pets are kept for private purposes.
(a) 
No more than six such pets shall be kept under the permanent care of the occupants.
(b) 
No animal shelter or runs shall be located closer to the property or street line than the minimum yard requirements specified for the principal use.
(c) 
A noncommercial kennel may be established only as an accessory use.
(d) 
Except for the sale of young animals born to pets kept under the permanent care of the occupants, no animals shall be sold or offered for sale on the property.
(e) 
Minimum lot area: 1.5 acres.
(11) 
All Accessory Farm Business. An accessory farm business is a revenue-generating venture accessory to the principal agricultural use that is conducted on the land. Allowable accessory farm businesses are limited to educational tours, seasonal festivals featuring products grown on the farm, animal shows with animals normally kept on the farm, and private social gatherings of 300 or fewer guests.
[Added 4-20-2020 by Ord. No. 2020-01]
(a) 
The following requirements apply to accessory farm businesses:
[1] 
The purpose of the establishment of this accessory use is to encourage the continuation of farming and preservation of resident farmers in Warwick Township by allowing working farmers to market their products and services directly to the public as an accessory use and in a manner that is compatible with the rural/residential character of the Township. It is not the intent of this subsection to allow farms to be used predominantly for commercial purposes.
[2] 
The accessory farm business regulations shall not prevent or regulate the sale of farm produce grown on properties within the Township's Agricultural Security District, where such retail sale is permitted under the Agricultural Area Security Law, Act 43 of 1981 (3 P.S. §§ 901 through 915), as amended. This subsection also shall not affect the ability to sell farm products pursuant to Use A3 Agricultural Retail accessory use when permitted. Both the Agricultural Area Security Law and Use A3 of this Zoning Ordinance require that a minimum of 50% of the products sold shall be grown on the farm on which the retail sale occurs.
[3] 
An accessory farm business may only be operated by the person or entity actively engaged in the principal agricultural use of the property. An accessory farm business may not be operated by a subcontractor or entity hired by the person or entity actively engaged in the principal agricultural use of the property.
[4] 
All accessory farm businesses shall secure zoning permits prior to the onset of the accessory activity. Permit applications shall demonstrate compliance with all federal, state, county and local laws, ordinances, and regulations, including, but not limited to:
[a] 
Requirements of the Bucks County Health Department for water supply, sewage disposal, and restroom facilities;
[b] 
All applicable Township Zoning and Code requirements, including fire and building code requirements;
[c] 
The applicant shall supply any other information deemed necessary by the Zoning or Code Enforcement Officer to determine compliance.
[5] 
The accessory farm business is permitted as an accessory use only. If any of the conditions to which the use is subject cease to be met, then the accessory farm business use shall also cease.
(b) 
In addition to complying with Subsection A(11)(a)[1] through [5] above, an accessory farm business is subject to the following additional requirements:
[1] 
Minimum lot area required: 20 contiguous owned acres.
[2] 
No activity or event or structure used for an activity or event shall be located within 200 feet of a right-of-way line or property line, except for parking areas, which may be located within 100 feet of a right-of-way line or property line. All parking areas located within 200 feet of a residential dwelling shall be buffered to prevent noise and the visibility of headlights.
[3] 
No activity or event shall continue past 9:00 p.m., Sunday through Thursday, or past 10:00 p.m., Friday and Saturday.
[4] 
The following types of activities shall not be permitted:
[a] 
Outdoor concerts or amplified sounds which exceed or would exceed the decibel (dBA) limits for residential districts as set forth in § 195-67 of this chapter;
[b] 
Mechanical rides or amusements;
[c] 
Flea markets; and
[d] 
Craft shows.
[5] 
Permitted activities and events are subject to the following regulations:
[a] 
Educational tours:
[i] 
An annual permit is necessary to operate educational tours.
[ii] 
In addition to the permit application requirements set forth in § 195-16A(11)(a)[4], the permit shall specify the number of days per year that educational tours will take place on the farm and the curriculum involved.
[b] 
Private social gatherings of 300 or fewer guests:
[i] 
A permit shall be required for each private social gathering.
[ii] 
No farm use shall host more than eight private social events per calendar year. A single private social gathering shall not exceed one day in duration.
[iii] 
Private social gatherings, regardless of size, are not permitted to sell tickets or charge a fee for attendance.
[iv] 
In order to secure a permit, the applicant must demonstrate compliance with Subsection A(11)(b)[6], Parking for accessory farm businesses.
[v] 
Private social gatherings of 100 or fewer guests do not have to comply with the minimum lot area or road access requirements of this use.
[c] 
Seasonal festivals and farm animal shows:
[i] 
A permit shall be required for each farm animal show and for each single seasonal festival.
[ii] 
A seasonal festival must feature agricultural products grown on the property on which the festival is held (i.e., pumpkins, peaches, apples, etc.).
[iii] 
No more than eight such seasonal festivals or farm animal shows shall be permitted per farm per calendar year. A single seasonal festival shall not exceed three days in duration.
[6] 
Parking for accessory farm businesses:
[a] 
One off-street parking space for each 200 square feet of area to be used for the accessory farm business use, plus one space for each individual staffing the event. In addition to the parking requirements of this section, seasonal festivals, farm animal shows and private social events must demonstrate the capacity to provide off-street parking for the anticipated number of attendees as part of the permit process.
[b] 
Off-street parking areas shall be provided in designated areas to accommodate all attendees at any educational tour, seasonal festival, farm animal show or private social gathering. Access from public roads to the parking area shall be paved at a minimum of 100 feet in length and/or have a fifty-foot gravel tire-cleaning area.
[c] 
Parking areas shall be adequately screened with a Class A buffer. (See Attachment 3, Table 2, Planting Options, within this chapter.)
[7] 
A traffic control plan and a parking control plan shall be submitted to and approved by the Township Police Department prior to receiving a permit for events other than educational tours.
[8] 
Access to the farm to be used for an accessory farm business shall be from an arterial or collector road.
[9] 
Lighting. No permanent outdoor lighting shall be installed or illuminated for an accessory farm business; temporary lighting may be used for an accessory farm business for the duration of the event only and may not shine or produce glare, as defined and regulated by § 195-70 of this chapter, on adjacent properties. No temporary light fixture installed or utilized for an accessory farm business event shall be located more than 20 feet above the ground. All event-related lighting is to be turned out 30 minutes after the event has concluded.
[10] 
Signs shall be in accordance with § 195-97B within this chapter. The sign must have a sign permit and shall be subject to all applicable requirements of Article XXII, Signs. No off-premises signs are permitted.
B. 
Residential uses.
(1) 
Dwellings.
(a) 
B1 Single-Family Detached Dwelling. A single-family detached dwelling unit on an individual lot with private yards on all sides of the house. Single-family detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.
[1] 
If the dwelling is a mobile home, the following conditions shall also apply:
[a] 
No more than one mobile home shall be placed on a single parcel and such mobile home shall be occupied by not more than a single family.
[b] 
The area between the ground level and the perimeter of the mobile home shall be enclosed by a means of a suitable skirting.
[c] 
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end pillars being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
[2] 
Area and dimensional requirements.
Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area
(square feet)
Minimum Lot Width at Building Setback
(feet)
Maximum Building Coverage
(percent)
Front
Side
Rear
Maximum Impervious Percent Per Lot**
RA
2 acres
200
10%
40
30
30
15%
R1
40,000
150
15%
40
30
30
20%
R1a
10,000*
100
20%
40
20
25
35%
RR
20,000*
100
20%
40
20
25
30%
RG, R2
2 acres
200
10%
40
30
30
15%
MF-1
10,000*
90
20%
35
30
35
35%
MF-2
10,000*
90
20%
35
30
35
35%
O
12,500*
100
30%
40
30
30
35%
NOTES:
*
If not served by public sewer and public water supply, lot size shall be 40,000 square feet.
**
Maximum impervious surface shall be applied to and be calculated on both a per-lot and per-site basis. The maximum impervious surface per site shall be:
Zoning District
Maximum Impervious Surface Per Site
RA
25%
R1
30%
R1a
45%
RR
40%
RG, R2
25%
MF-1, MF-2, O
45%
[3] 
The buffer requirements of § 195-63 of this chapter shall be met. All B1 subdivisions of 20 lots or more shall be surrounded by a fifty-foot perimeter buffer.
[4] 
Open space.
[a] 
Active open space.
[i] 
Subdivisions or land developments of 10 lots or more: The developer shall provide a minimum of five acres of open space for each 100 units or fractional percentage thereof. In no case shall there be less than 2.5 acres of active open space.
[ii] 
Subdivisions or land developments of more than five lots and less than 10 lots: The developer shall provide a minimum of 1.5 acres of active open space.
[iii] 
Subdivisions or land developments of five lots or less: The developer shall provide a contribution to the Township Park and Recreational Fund in the amount of $5,000 per new building lot.
[b] 
Common open space.
[i] 
Subdivisions or land developments of three lots or less: There shall be no common open space requirement.
[ii] 
Subdivisions or land developments of more than three lots: The developer shall set aside 20% of the area of the site.
[c] 
Calculation of open space on a cumulative basis. Any subdivision or land development of any tract which occurs after November 16, 1998, the effective date of this subsection, will be cumulative for the purpose of determining the number of lots in order to calculate active open space requirements. If any subsequent subdivision propels the total (cumulative) number of lots or units into a category which requires more common or active open space than originally provided, the additional open space shall be provided by the developer at the time of the subsequent subdivision or land development.
[5] 
Parking: two off-street parking spaces for dwellings having three bedrooms or less; three off-street parking spaces for dwellings having four bedrooms or more. Spaces inside a garage shall not be counted as off-street parking spaces.
(b) 
B1a Single-Family Semidetached (Twin). A one-family dwelling attached to one other one-family dwelling by a common vertical wall; each dwelling is located on a separate lot.
[1] 
Area and dimensional requirements.
Yard Setbacks
(feet)
Zoning Districts
Minimum Lot Area* (d.u.)**
(square feet)
Minimum Lot Width at Building Setback
(feet)
Maximum Building Coverage
(percent)
Front
Side
Rear
Maximum Impervious Percent Per Site***
MF-1
12,500
60
30%
40
15
30
40%
MF-2
12,500
60
30%
40
15
30
40%
C3
12,500
60
30%
40
15
30
40%
O
12,500
60
30%
40
15
30
40%
NOTES:
*
If not served by public sewer and public water supply, minimum lot size shall be 40,000 square feet.
**
Per dwelling unit.
***
Maximum impervious surface shall be calculated on both a per-lot and per-site basis. The maximum impervious surface per lot coverage shall be 30% for the B1a use in the MF-1, MF-2, and O Districts.
[2] 
Open space.
[a] 
Active open space.
[i] 
Subdivisions or land developments of 10 lots or more: The developer shall provide a minimum of five acres of open space for each 100 units or fractional percentage thereof. In no case shall there be less than 2.5 acres of active open space.
[ii] 
Subdivisions or land developments of more than five lots and less than 10 lots: The developer shall provide a minimum of 1.5 acres of active open space.
[iii] 
Subdivisions or land developments of five lots or less: The developer shall provide a contribution to the Township Park and Recreational Fund in the amount of $5,000 per new building lot.
[b] 
Common open space.
[i] 
Subdivisions or land developments of three lots or less: There shall be no common open space requirement.
[ii] 
Subdivisions or land developments of more than three lots: The developer shall set aside 20% of the area of the site.
[c] 
Calculation of open space on a cumulative basis. Any subdivision or land development of any tract which occurs after the effective date of this subsection, November 1, 2002, will be cumulative for the purpose of determining the number of lots in order to calculate active open space requirements. If any subsequent subdivision propels the total (cumulative) number of lots or units into a category which requires more common or active open space than originally provided, the additional open space shall be provided by the developer at the time of the subsequent subdivision or land development.
[3] 
Parking: two off-street parking spaces for dwellings having three bedrooms or less; three off-street parking spaces for dwellings having four bedrooms or more, plus spillover parking of one space for each two dwelling units (0.5 space per dwelling unit). Spaces inside a garage shall not be counted as off-street parking spaces.
[4] 
Perimeter buffer. There shall be a perimeter buffer of at least 50 feet surrounding any development in which B1a uses are located. The perimeter buffer shall be exclusive of required front, rear and side yard areas, and buffering between districts as required by § 195-63. The perimeter buffer shall include vegetation materials satisfactory to the Township, and shall, if deemed necessary by the Board of Supervisors, include a walking trail.
(c) 
B1b Two-Family Detached (Duplex). A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell, exterior to both dwelling units.
[1] 
Area and dimensional requirements.
[Amended 6-18-2018 by Ord. No. 2018-1]
Yard Setbacks
(feet)
Zoning District
Minimum Lot Area*
(square feet)
Minimum Lot Width at Building Setback
(feet)
Maximum Building Coverage
(percent)
Front
Side
Rear
Maximum Impervious Percent** Per Lot
C-3
12,500
60
30%
40
15
30
40%
MF-1
12,500
60
35%
40
15
30
50%
MF-2
12,500
60
35%
40
15
30
50%
O
12,500
60
35%
40
15
30
50%
NOTES:
*
If not served by public sewer and public water supply, minimum lot size shall be 40,000 square feet.
**
Maximum impervious surface shall be calculated on both a per-lot and per-site basis.
[2] 
Open space.
[a] 
Active open space.
[i] 
Subdivisions or land developments of 10 lots or more: The developer shall provide a minimum of five acres of open space for each 100 units or fractional percentage thereof. In no case shall there be less than 2.5 acres of active open space.
[ii] 
Subdivisions or land developments of more than five lots and less than 10 lots: The developer shall provide a minimum of 1.5 acres of active open space.
[iii] 
Subdivisions or land developments of five lots or less: The developer shall provide a contribution to the Township Park and Recreational Fund in the amount of $5,000 per new building lot.
[b] 
Common open space.
[i] 
Subdivisions or land developments of three lots or less: There shall be no common open space requirement.
[ii] 
Subdivisions or land developments of more than three lots: The developer shall set aside 20% of the area of the site.
[c] 
Calculation of open space on a cumulative basis. Any subdivision or land development of any tract which occurs after the effective date of this subsection will be cumulative for the purpose of determining the number of lots in order to calculate active open space requirements. If any subsequent subdivision propels the total (cumulative) number of lots or units into a category which requires more common or active open space than originally provided, the additional open space shall be provided by the developer at the time of the subsequent subdivision or land development.
[3] 
Parking: two off-street parking spaces for dwellings having three bedrooms or less; three off-street parking spaces for dwellings having four bedrooms or more. Spaces inside a garage shall not be counted as off-street parking spaces.
[4] 
Perimeter buffer. There shall be a perimeter buffer of at least 50 feet surrounding any development in which B1b uses are located. The perimeter buffer shall be exclusive of required front, rear and side yard areas, and buffering between districts as required by § 195-63. The perimeter buffer shall include vegetation materials satisfactory to the Township, and shall, if deemed necessary by the Board of Supervisors, include a walking trail.
(2) 
B2 Cluster Subdivision.
(a) 
General.
[1] 
These regulations allow for the reduction in lot area and other bulk requirements so that structures may be grouped in certain areas of the development at higher densities than are generally permitted, while the remainder of the site is in common open space. Although cluster regulations permit increased densities, the provision of common open space land allows the overall gross density of the development to be compatible with that of the underlying zoning district.
[2] 
Cluster development is permitted in order to promote the efficient use of undeveloped lands and to facilitate the preservation and use of open space lands for recreational and aesthetic purposes or other general municipal or school district uses.
[3] 
Cluster development shall be permitted as a conditional use. The applicant proposing cluster development shall have the initial burden of establishing that the proposed conditional use meets all of the expressed standards and criteria set forth specifically in the cluster development regulations section and the conditional use section of this chapter and any other general standards and criteria set forth in other sections of the chapter.
(b) 
Standards for cluster development. Any development which proposes to use a cluster design must have a significant natural feature or features to be preserved as part of its common open space. These features are as follows:
[1] 
Prime farmland: as defined in Article II of this chapter.
[2] 
Located within an identified floodplain area as defined in Article II of this chapter.
[Amended 3-16-2015 by Ord. No. 2015-5]
[3] 
Woodland: Woodlands are areas comprised of largely mature trees in which the largest trees measure at least six inches dbh (diameter at breast height or 4 1/2 feet above the ground). The woodland shall be measured from the dripline of the outer trees. Woodlands are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
[4] 
Steep slope: any land with a slope in excess of 8%, which, because of this slope, may also be subject to high rates of stormwater runoff and erosion.
[5] 
Wetland: an area of poorly drained soil, which is inundated or saturated by surface water or groundwater during a significant portion of each year and which supports a prevalence of vegetation typical of saturated soil conditions. In addition, wetland areas are determined by current criteria of the United States Army Corps of Engineers and the Pennsylvania Department of Environmental Protection.
[6] 
Recreation land: areas designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffleboard, play field, basketball court and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
(c) 
Permitted districts and uses. Cluster subdivisions shall be permitted in the RA and R1 Residential Districts subject to the following provisions:
[1] 
Cluster subdivision, Use B2, shall be permitted as a conditional use in the R1 Residential Districts on sites of 15 acres or larger.
[2] 
Cluster subdivision, Use B2, shall be permitted as a conditional use in the RA Residential Districts as follows:
[a] 
On sites of 15 contiguous acres but less than 20 contiguous acres, cluster subdivision is an optional, conditional use.
[b] 
On sites of 20 contiguous acres or larger, cluster subdivision is permitted as a conditional use. Use B1 Detached Dwelling(s) is not a permitted use except that subdivisions of not more five lots or fewer for Use B1 Detached Dwelling(s) are permitted in any five-year period. The five-year period shall be measured from the approval of final subdivision plans for the first lot for Use B1.
(d) 
Density and lot requirements for Use B2 in the R1 Residential Districts.
[1] 
Minimum site area. The minimum area for a cluster development shall be not less than 15 contiguous acres.
[2] 
Density. The overall density of a cluster development shall not exceed 120% of the density permitted for Use B1 Single-Family Detached Dwelling.
[3] 
Lot and yard reduction.
[a] 
In the R1 Residential District, dimensional and/or performance standards shall meet the following minimum requirements:
[i] 
Minimum lot area (square feet): 15,000.
[ii] 
Minimum lot width at street line (feet): 75.
[iii] 
Minimum lot depth (feet): 125. [NOTE: Measured from the road right-of-way line.]
[iv] 
Front yard depth (feet): 40.
[v] 
Side yard width (feet): 15.
[vi] 
Rear yard depth (feet): 30.
[vii] 
Maximum impervious surface (per lot): 25%.
[viii] 
Maximum impervious surface (per site): 35%.
[ix] 
Building coverage: 15%.
[4] 
Common open space regulations.
[a] 
Significant natural features shall be protected as set forth in §§ 195-60 and 195-61 of this chapter.
[b] 
In addition to the significant natural features, land in common open space may contain land surrounding historically significant structures and sites, archaeological sites and land suitable for recreational or other general municipal or school district uses.
[c] 
Stormwater detention and retention basins shall not be considered part of any calculated common open space.
[d] 
No less than 50% of the base site area shall be designated for common open space. Additionally, active open space shall be provided as required by § 195-16B(2)(d)[5] below.
[e] 
Active open space areas are intended to serve all residents. Greenways shall lead to the major recreational areas.
[f] 
All common open space areas shall be offered for dedication to and for no consideration to be paid by the Township. If the Board of Supervisors does not accept any or all of the required open space, the open space may be held by a homeowners' association, a private conservation organization, or other municipal or conservation organization. In any event, an endorsement upon the deed and recorded in the Bucks County Recorder of Deeds' office shall indicate that all common open space land is restricted for use as open space or other designated general municipal purposes in perpetuity. The developer shall make adequate provision for the access to and maintenance of open space and facilities within the open space area. Said provisions shall be subject to the approval by the Board of Supervisors and the Township Solicitor and shall be contained in deed restrictions which shall be subject to the approval of the Board of Supervisors.
[5] 
Active open space requirements. The developer shall provide a minimum of five acres of active open space for each 100 units or fractional percentage thereof.
(e) 
Density and lot requirements for Use B2 in RA Residential District.
[1] 
Minimum site area. Cluster subdivision, Use B2, shall be permitted as a conditional use in the RA Residential Districts as follows:
[a] 
On sites of 15 contiguous acres but less than 20 contiguous acres, cluster subdivision is an optional, conditional use.
[b] 
On sites of 20 contiguous acres or larger, cluster subdivision is permitted as a conditional use. Use B1 Detached Dwelling(s) is not a permitted use except that subdivisions of not more five lots or fewer for Use B1 Detached Dwelling(s) are permitted in any five-year period. The five-year period shall be measured from the approval of final subdivision plans for the first lot for Use B1.
[2] 
Density. The overall density of a cluster development shall not exceed 120% of the density permitted in the underlying zoning district for Use B1 Single-Family Detached Dwelling.
[3] 
Lot and yard reduction. In the RA Residential Agricultural District, dimensional and/or performance standards shall meet the following minimum requirements:
[a] 
With community sewage treatment system:
[i] 
Minimum lot area (square feet): 30,000.
[ii] 
Lot width at building setback line (feet): 90.
[iii] 
Minimum lot depth (feet): 175. [NOTE: Measured from the road right-of-way line.]
[iv] 
Front yard depth (feet): 40.
[v] 
Side yard width (feet): 20.
[vi] 
Rear yard depth (feet): 30.
[b] 
With individual on-lot sewage treatment system:
[i] 
Minimum lot area (square feet): 43,560.
[ii] 
Lot width at building setback line (feet): 150.
[iii] 
Minimum lot depth (feet): 200. [NOTE: Measured from the road right-of-way line.]
[iv] 
Front yard depth (feet): 40.
[v] 
Side yard width (feet): 20.
[vi] 
Rear yard depth (feet): 30.
[c] 
For lot with minimum area of 30,000 square feet:
[i] 
Maximum impervious surface (per lot): 25%.
[ii] 
Maximum impervious surface (per site): 35%.
[iii] 
Building coverage: 15%.
[d] 
For lot with minimum area of 43,560 square feet:
[i] 
Maximum impervious surface (per lot): 20%.
[ii] 
Maximum impervious surface (per site): 30%.
[iii] 
Building coverage: 10%.
[4] 
Prime farmland protection or common open space regulations.
[a] 
No less than 50% of the base site area or 50% of the prime farmland, whichever is the greater area of land, shall be kept as open space.
[b] 
Where less than 50% of the site is prime farmland, 50% of the site shall be designated as common open space and the provisions of Subsection B(2)(e)[4] above shall be met.
[c] 
Where 50% or greater of the site is comprised of prime farmland, the standards for farmland preservation, and § 195-60, Natural resource protection standards, Subsection J, Prime farmland in the RA District, shall be met.
[d] 
Stormwater detention and retention basins shall not be located in any area of protected prime farmland.
(f) 
Specific regulations.
[1] 
The applicant, after showing the number of lots allowed according to the provisions for a Use B1 Single-Family Detached Dwelling development within the applicable zoning district by submission of a sketch plan, shall then calculate the overall maximum density permitted for the Use B2 Cluster Subdivision by multiplying the number of allowable units by 120%.
[2] 
All other applicable development procedures and requirements of Chapter 163, Subdivision and Land Development, shall be followed.
[3] 
In the R1 District, the proposed development must be served by public centralized water and public centralized sewage disposal systems provided by the developer if existing public systems are not available. All proposed sewage disposal systems shall be coordinated in compliance with the Township's Act 537 Plan.
[4] 
Areas for common open space and active open space shall be improved as required by the Township Board of Supervisors and Chapter 163, Subdivision and Land Development, regulations. Walking trails shall surround the residential sections of the cluster development.
[5] 
Off-street parking requirements: two off-street parking spaces for dwellings having three bedrooms or less; three off-street parking spaces for dwellings having four bedrooms or more. Spaces inside garages shall not be included in the count of off-street parking spaces.
[6] 
Spillover parking requirements: 1/2 parking space per dwelling unit. If provided as parallel parking on street, parking space dimension shall be eight feet by 23 feet, and shall not include areas restricted from parking such as intersections, fire hydrants, etc. Adequate street widths must be provided in accordance with Chapter 163, Subdivision and Land Development, regulations to allow parallel parking.
(3) 
B3 Performance Standard Development. Performance standard development is a development or subdivision that permits a variety of housing types subject to a series of performance standards. The performance standard development requires the provisions of open space and limits density and impervious surfaces. The following housing types are permitted subject to the dimensional requirements as indicated below:
(a) 
Single-family detached dwelling: a single detached dwelling unit on an individual lot with private yards on all sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings, and mobile homes and mobile home parks. Dimensional requirements shall be as follows:
[1] 
Minimum lot area: 8,000 square feet.
[2] 
Maximum building coverage: 30%.
[3] 
Minimum yards:
[a] 
Front: 30 feet.
[b] 
Side: 10 feet.
[c] 
Rear: 40 feet.
[d] 
Minimum lot width at building setback: 70 feet.
(b) 
Single-family detached dwelling, off-center: a single detached dwelling unit on an individual lot with private yards on all sides of the house. The building is set close to one side property line with a side yard which may be reduced to five feet, and the other side yard shall be no less than 15 feet. The minimum distance between dwellings on adjacent lots shall be 20 feet.
[1] 
A fence, wall or hedge shall be placed in the wider side yard extending from the dwelling unit to the side property line and shall be parallel to the street. The fence, wall or hedge may be broken by a walkway not exceeding four feet in width or a driveway to parking areas in the side or rear of the lot. The driveway shall be at least 10 feet in width up to a maximum of 20 feet in width.
[a] 
The fence or wall shall be of permanent construction and shall be four feet to six feet in height.
[b] 
The hedge material shall be planted on three-foot centers and shall form a dense screen at its mature height.
[2] 
Dimensional requirements shall be as follows:
[a] 
Minimum lot area: 7,000 square feet.
[b] 
Maximum building area: 30%.
[c] 
Minimum yards:
[i] 
Front: 20 feet.
[ii] 
Rear: 35 feet.
[d] 
Minimum lot width at building setback: 60 feet.
(c) 
Village house: a single detached dwelling unit on an individual lot with private yards on all sides of the house. It differs from other forms of detached housing in the lot size and placement on the lot. It is similar to the houses found in historic villages and towns. The house is placed close to the street and is additionally distinguished by planting or architectural elements.
[1] 
Each unit shall meet two or more of the following characteristics:
[a] 
An unenclosed porch, running across at least 3/4 of the house front, being at least seven feet in width.
[b] 
A front yard raised above the sidewalk grade by at least 30 inches, and a retaining wall of at least 18 inches in height at the sidewalk.
[c] 
A front yard enclosed by a wall, fence or permanent construction at least 30 inches in height and one flowering shrub per five feet across the width of the front of the house. A wall, fence or any combination thereof shall not exceed 48 inches in height. Height shall be determined based upon the elevation at the street side of such wall, fence or combination thereof.
[d] 
Hedge or shrubs planted 18 inches on center for width of yard facing street and two flowering trees.
[2] 
Dimensional requirements shall be as follows:
[a] 
Minimum lot area: 6,000 square feet.
[b] 
Minimum setbacks:
[i] 
House:
[A] 
Front: 15 feet.
[B] 
Side: five feet each.
[C] 
Rear: 30 feet.
[ii] 
Garage:
[A] 
Front: 25 feet.
[B] 
Side: five feet.
[C] 
Rear: 30 feet.
[c] 
Minimum lot width at building setback: 55 feet.
[d] 
Flowering trees: two inches caliper.
[e] 
Shrubs (flowering or hedge): three feet high.
[f] 
Maximum building coverage: 35%.
(d) 
Single-family semidetached: a building designed for and used exclusively as a residence for only one family and having a party wall in common with an adjacent building. Where a private garage is structurally attached to such building, it shall be considered as a part thereof. Dimensional requirements shall be as follows:
[1] 
Minimum lot area: 4,200 square feet.
[2] 
Maximum building coverage: 35%.
[3] 
Minimum front yard: 30 feet.
[4] 
Minimum side yard: 10 feet.
[5] 
Minimum rear yard: 20 feet.
[6] 
Minimum lot width at building setback: 40 feet.
(e) 
Two-family detached: a building designed for and occupied exclusively as a residence for two families living independently of each other, with one family living wholly or partly over the other and having no party wall in common with an adjacent building; a detached duplex dwelling. Where a private garage is structurally attached to such building, it shall be considered a part thereof. Dimensional requirements shall be as follows:
[1] 
Minimum lot area (per dwelling unit): 3,000 square feet.
[2] 
Maximum building coverage: 40%.
[3] 
Minimum front yard: 30 feet.
[4] 
Minimum side yard: 15 feet.
[5] 
Minimum rear yard: 20 feet.
[6] 
Minimum lot width at setback (per building): 60 feet.
(f) 
Multiplex: an attached dwelling unit which may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any structure, and structures shall average four units each. Dimensional requirements shall be as follows:
[1] 
Minimum lot area (per building): 8,000 square feet.
[2] 
Minimum lot area (per dwelling unit): 2,500 square feet.
[3] 
Maximum building coverage: 30%.
[4] 
Minimum setback line:
[a] 
Street: 30 feet.
[b] 
Parking area: 10 feet.
[c] 
Pedestrian walkway: five feet.
[5] 
Minimum front yard: 30 feet.
[6] 
Minimum side yard: 10 feet.
[7] 
Minimum rear yard: 20 feet.
[8] 
Minimum building spacing: 24 feet.
[9] 
Minimum lot width (per building) at setback: 80 feet.
[10] 
Maximum building height: 35 feet, or three stories, whichever is less.
(g) 
Townhouse: one of a structurally connected series of three or more single-family attached dwellings, each designed for and occupied exclusively as a residence for only one family and each having a party wall in common with one or more of the other dwellings in the series adjacent to it, and/or all of which dwellings may be under different ownership.
[1] 
Dimensional requirements shall be as follows:
[a] 
Minimum lot area: 2,000 square feet.
[b] 
Minimum lot width:
[i] 
At right-of-way: 22 feet or 12 feet at cul-de-sac ends.
[ii] 
At building setback: 22 feet.
[c] 
Maximum building coverage: 50%.
[d] 
Minimum building setback:
[i] 
Public right-of-way: 25 feet.
[ii] 
Private parking area: 10 feet.
[iii] 
Pedestrian walkway: five feet.
[e] 
Minimum rear yard: 20 feet.
[f] 
Minimum building space: 20 feet.
[2] 
A row of attached townhouses shall not exceed eight dwelling units and no more than two rows shall be constructed side by side without the front facade of the units within the row having staggered building fronts a minimum of two feet and a maximum of four feet.
[Amended 5-20-2019 by Ord. No. 2019-1]
(h) 
Garden apartments: a grouping of dwelling units sharing common elements which may include a common outside access. The dwelling units share a common lot area, which is the sum of the required lot areas of all dwelling units within the building. Dimensional requirements shall be as follows:
[1] 
Minimum lot area (per dwelling unit): 2,000 square feet or one acre, whichever is greater.
[2] 
Minimum apartment size:
[a] 
Efficiency: 400 square feet.
[b] 
One-bedroom: 500 square feet.
[c] 
Two-bedroom: 650 square feet.
[d] 
Three-bedroom: 800 square feet.
[e] 
Four-bedroom: 950 square feet.
[f] 
Each additional bedroom, den, family room or rec room: 150 square feet.
[3] 
Maximum impervious surface ratio: 50%.
[4] 
Minimum building setback:
[a] 
Public right-of-way: 30 feet.
[b] 
Private parking area: 10 feet.
[5] 
Maximum number of units per building: 16.
[6] 
Minimum building space: 35 feet.
[7] 
Minimum street frontage: 100 feet.
[8] 
Maximum building height: 35 feet, or three stories, whichever is less.
(i) 
Mobile home park. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
[1] 
Dimensional requirements:
Minimum Yard
(feet)
Minimum Lot Area
(square feet)
Minimum Lot Width at Building Setback
(feet)
Minimum Lot Width at Building (Per Lot)
(percent)
Front
Side
Rear
Minimum Distances Between Units
(feet)
Single-wide units
5,250
45
25%
20
5
15
20
Double-wide units
7,000
60
30%
30
5
15
20
[2] 
Performance standards:
[a] 
Minimum site area: 15 acres.
[b] 
Maximum density: 6.0 dwelling units/acre.
[c] 
Minimum common open space ratio: 30%.
[d] 
Maximum impervious surface ratio per site: 25%.
[e] 
Maximum impervious surface ratio, per lot:
[i] 
For lot with single-wide unit: 40%.
[ii] 
For lot with double-wide unit: 50%.
[f] 
The developer shall provide five acres of active open space for each 100 units or fractional equivalent percentage thereof. In no case shall there be less than five acres of active open space.
[3] 
If the dwelling is a mobile home the following conditions shall also apply:
[a] 
No more than one mobile home shall be placed on a mobile home lot and such mobile home shall be occupied by not more than a single family.
[b] 
The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.
[c] 
Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end pillars being no farther than five feet from the ends of the unit. The pillars shall be at least one by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.
[4] 
Every mobile home shall have access to an improved street in the mobile home park constructed in accordance with Chapter 163, Subdivision and Land Development.
[5] 
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.
[6] 
No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.
[7] 
Plans for any mobile home park shall be submitted in conformance with Chapter 163, Subdivision and Land Development, and other municipal ordinances regulating mobile home parks.
[8] 
Public sewer and public water services shall be provided in accordance with Chapter 163, Subdivision and Land Development, and the Township Sewage Facilities Plan.
[9] 
A buffer yard shall be provided around the perimeter of the mobile home park in accordance with the provisions of § 195-63 of this chapter.
[10] 
Parking requirement: two off-street parking spaces for each mobile home site, plus 1/2 space per mobile home site for spillover parking, to be distributed evenly throughout the development. For accessory building or uses, the number of parking spaces required will depend upon the type of facilities proposed and the extent of those facilities. Parking requirements of this chapter for similar uses will be used to determine the number of additional spaces required for accessory uses. The parking spaces required for accessory uses shall be in addition to the spaces required for the dwelling units.
(j) 
Convenience commercial uses are permitted by the zoning district in which the tract is located, subject to conditional use authorization by the Board of Supervisors pursuant to § 196-120. Dimensional requirements shall be as follows:
[1] 
Minimum lot area: one acre.
[2] 
Minimum lot width:
[a] 
At right-of-way: 250 feet.
[b] 
At building setback: 250 feet.
[3] 
Minimum building setbacks:
[a] 
Front: 75 feet.
[b] 
Side: 25 feet.
[c] 
Rear: 25 feet.
[4] 
Maximum impervious surface ratio: 50%.
[5] 
Maximum building coverage: 35%.
[6] 
Convenience commercial uses shall be clearly accessory to the residential portion of the performance standard development and no more than 10% of the gross site area shall be developed for convenience commercial use.
(k) 
Performance standards.
[1] 
Except where otherwise provided in this § 195-16B(3), all performance standard subdivision shall meet all of the following requirements for each site proposed in the named zoning district:
Zoning District
Minimum Site Area
(acres)
Maximum Density
(de/ac)
Minimum Active Open Space*
Minimum Common Open Space
(percent)
Maximum Impervious Surface Per Site
(percent)
C3
10
7.0
5 acres for each 100 d/u plus fractional percentage thereof
25%
35%
MF-2
10
7.0
5 acres for each 100 d/u plus fractional percentage thereof
25%
35%
MF-1
10
5.0
5 acres for each 100 d/u plus fractional percentage thereof
50%
35%
O
10
5.0
5 acres for each 100 d/u plus fractional percentage thereof
50%
35%
*
In no event shall there be less than five acres of active open space for any B3 use.
[2] 
The developer and all subsequent lot owners shall comply with the following impervious surface requirements per lot prior to and upon occupancy of a dwelling within a performance standard development:
[a] 
Single-family detached dwelling:
[i] 
Prior to occupancy: 35%.
[ii] 
After occupancy: 45%.
[b] 
Single-family detached dwelling, off-center:
[i] 
Prior to occupancy: 35%.
[ii] 
After occupancy: 45%.
[c] 
Village house:
[i] 
Prior to occupancy: 40%.
[ii] 
After occupancy: 50%
[d] 
Single-family semidetached:
[i] 
Prior to occupancy: 40%
[ii] 
After occupancy: 50%.
[e] 
Two-family detached: 50%.
[i] 
Prior to occupancy: 40%.
[ii] 
After occupancy: 50%.
[f] 
Townhouse:
[i] 
Prior to occupancy: 65%.
[ii] 
After occupancy: 75%.
[g] 
Garden apartment:
[i] 
Prior to occupancy: 50%.
[ii] 
After occupancy: 60%.
[h] 
Convenience commercial uses: 45%.
[3] 
A fifty-foot buffer yard shall be provided around the perimeter of a B3 Performance Standard Subdivision in accordance with the provisions of § 195-63 of this chapter. This area shall not be included in the common or active open space requirement, nor shall it be included in the lot area of any residential dwelling unit. The buffer area shall be a separate lot, owned and maintained by a homeowners' association.
(l) 
Dwelling unit mix. A mix of dwelling unit types is necessary to promote a balanced community. Therefore, a mix is required, based on the number of dwelling units as set forth in the accompanying table:
Number of Dwellings in Development
Minimum Required Number Dwelling Unit Type
Maximum Percent Any Dwelling Unit Type
Minimum Percent Any Dwelling Unit Type
1 to 100
2
80%
20%
101 to 200
3
60%
20%
200 to 350
4
60%
20%
350 or more
4
50%
20%
(m) 
Off-street parking requirements:
[1] 
Minimum number of spaces: two (efficiency); two (1BR-2BR); three (3BR or more). Spaces inside a garage shall not be counted as off-street parking spaces.
[2] 
Spillover parking requirements: 1/2 parking space per detached single-family and village house dwelling unit, and one parking space per other dwelling unit type. If provided as parallel parking on street, parking space dimensions shall be eight feet by 23 feet, and shall not include areas restricted from parking such as intersections, fire hydrants, etc. Adequate street widths must be provided in accordance with Chapter 163, Subdivision and Land Development, requirements to allow parallel parking.
(n) 
Water and sanitary sewer facilities. A B3 Performance Standard Development shall be permitted only on land served by public sanitary sewer which is piped to and treated at an existing sewage treatment plant, and a public or community water system with water available for fire-fighting purposes either through hydrants or acceptable surface storage which shall provide a consistent, year-round supply for fire-fighting purposes. If the water supply is drawn from the site, a water study shall be prepared by the developer and appropriate funds escrowed with the Township to protect surrounding individual wells that may be adversely affected by the new public or community water system.
(o) 
Traffic impact study:
[1] 
The impact of the proposed development on the Township's circulation system shall be analyzed and a written traffic impact study shall be prepared in accordance with specifications provided by the Township's consulting engineers.
(p) 
The buffer requirements of § 195-63 shall be met around the perimeter of the performance standard development.
(4) 
B4 Rooming House or Boardinghouse. A dwelling used for the housing of roomers, boarders or lodgers with or without common eating facilities, including dormitories, fraternity or sorority houses or other buildings of charitable, educational or philanthropic use, but not including personal care boardinghomes or similar facilities licensed by the State Department of Public Welfare.
(a) 
Dimensional requirements:
[1] 
Minimum lot area: two acres.
[2] 
Minimum front yard: 55 feet.
[3] 
Minimum side yard: 50 feet.
[4] 
Minimum rear yard: 50 feet.
[5] 
Minimum lot width: 150 feet.
(b) 
Maximum density: three bedrooms per acre.
(c) 
Maximum height: three stories or 35 feet, whichever is less.
(d) 
Each sleeping room shall be limited to two people.
(e) 
Parking: one off-street parking space per bedroom.
(f) 
All rooming house or boardinghouse facilities shall connect to public sewer in conformance with the Township's Act 537 Plan.
(5) 
B5 Community Treatment Facility. A community treatment facility is a facility for the treatment of persons who have been committed to such facilities as the result of having committed a crime or having been adjudicated delinquent and are not handicapped as defined by the Federal Fair Housing Amendments Act 42 U.S.C. § 3602(h). The residents of a community treatment facility do not constitute a "family" because of the residents' transient nature. Such use shall meet the following requirements:
(a) 
Occupation of a community treatment facility shall be subject to confirmation by the Code Enforcement Office that sanitary facilities, whether on-lot or municipal, and potable water supply are sufficient to address the needs of all of the occupants of the community treatment facility.
(b) 
All community treatment facilities shall have the appearance of a single-family dwelling. No external changes or modifications to a community treatment facility shall be made that indicate that it is anything other than a single-family dwelling.
(c) 
All community treatment facilities and all entities operating a community treatment facility shall comply with any and all applicable local, state, and federal ordinances, statutes, rules and/or regulations. Proof of compliance with such ordinances, statutes, rules and regulations shall be furnished to the Township as a condition of conditional use approval.
(d) 
All community treatment facilities housing six or fewer occupants shall have a minimum of 1,500 square feet of indoor, heated living space, exclusive of garages, sheds, basements, attics, crawl spaces, or similar areas. For community treatment facilities housing more than six occupants, an additional 125 square feet of such living space shall be required for each additional occupant above six.
(e) 
No more than two persons shall sleep in any single bedroom in a community treatment facility.
(f) 
Parking. A minimum of one off-street parking space shall be provided for each occupant of a community treatment facility anticipated to have a motor vehicle, plus one off-street parking space shall be provided for each support person, staff member or employee of the community treatment facility. Spaces inside a garage shall not be counted as off-street parking spaces.
(g) 
Buffering requirements:
[1] 
Parking areas shall be visually secluded from adjacent properties via an evergreen planting screen in accordance with § 195-63.
[2] 
Side and rear lot lines shall be planted with a minimum of one canopy tree per 40 feet, plus one evergreen tree per 30 feet. Plantings may be installed in an informal arrangement, subject to approval of the Township.
[3] 
Street trees shall be installed along all streets where suitable street trees do not exist.
[4] 
All plant material, size, species, caliper, and arrangement shall be in accordance with the Township Subdivision and Land Development Ordinance.[5]
[5]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(h) 
The housing of an individual whose occupancy or tenancy in a community treatment facility would constitute a direct threat to the health or safety of other individuals, or whose occupancy or tenancy would result in substantial physical damage to the property of others is prohibited.
(i) 
The minimum lot size of this Use B5 is 10 acres.
(6) 
B6 Retirement Community. A residential development designed exclusively for mature adults, 55 years of age or over (and the spouses of mature adults, without regard to age), which may contain certain supportive facilities for the residents. A retirement community shall consist of single-family dwellings on separate lots.
(a) 
Dimensional requirements:
[1] 
Minimum setback from curbline of internal (private) street: 35 feet.
[2] 
Minimum building spacing: 35 feet.
[3] 
Maximum density: six dwelling units per acre.
[4] 
Maximum impervious surface ratio: 50% (site).
[5] 
A fifty-foot buffer yard shall be provided around the perimeter of a B6 Retirement Community in accordance with the provisions of § 195-63 of this chapter. This area shall not be included in the common or active open space requirement, nor shall it be included in the lot area of any residential dwelling unit. The buffer area shall be a separate lot, owned and maintained by a homeowners' association.
(b) 
Area and dimensional requirements:
[1] 
Minimum tract (site) area: 20 acres.
[2] 
Minimum lot area: 10,000 square feet.
[3] 
Minimum lot width: 75 feet.
[4] 
Minimum front yard setback: 30 feet.
[5] 
Minimum side yard: 15 feet min., 35 feet agg.
[6] 
Minimum rear yard: 35 feet.
[7] 
Maximum on-lot impervious surface ratio: 40%.
[8] 
Maximum on-lot building coverage: 30%.
[9] 
Maximum building height: 35 feet.
[10] 
Open space:
[a] 
Minimum 20% common open space.
[b] 
Minimum active open space: five acres for each 100 units or fractional percentage thereof. In no case shall there be less than 2.5 acres of active open space.
[11] 
Off-street parking:
[a] 
Units of two bedrooms or less: two spaces.
[b] 
Three-bedroom and greater: three spaces.
[c] 
Overflow parking: one space for every three dwelling units, distributed throughout the community.
[d] 
Spaces inside a garage shall not be counted as off-street parking spaces.
(c) 
Accessory facilities. Permitted accessory facilities may include some or all of the following services, and no others, which are accessory to this B6 use and are intended for the sole use of the residents and their guests:
[1] 
Personal service shops, such as barbershop, beautician or clothes cleaning and pressing pickup agency.
[2] 
Offices for on-site management.
[3] 
Health and fitness facilities.
[4] 
Clubhouse with other support facilities, including lounge areas, reading rooms, craft rooms, common dining and recreation rooms.
[5] 
Accessory facilities shall be provided with a separate parking area that contains a minimum of 1.25 spaces for each staff member plus one space for each company and/or service vehicle that may be necessary for the services to be provided.
[6] 
Buildings with accessory facilities shall make up no more than 15% of overall building coverage.
(d) 
Utilities.
[1] 
Public water and sanitary sewer are required.
[2] 
All utilities shall be located underground.
(7) 
B7 Residential Conversion. The conversion of an existing residential building in a commercial district into two or more dwelling units or the conversion of an accessory building into one or more dwelling units.
(a) 
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
(b) 
Except as may be necessary for purposes of safety in accordance with the preceding paragraph, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
(c) 
All wastewater disposal systems must be approved by the Bucks County Department of Health prior to the issuance of a zoning permit. If public sanitary sewer facilities are provided, approval must be obtained by the authority having jurisdiction and the Pennsylvania Department of Environmental Protection, if applicable.
(d) 
Separate cooking and sanitary facilities shall be provided for each dwelling unit.
(e) 
Off-street parking spaces shall be located to the side or rear of the converted structure.
(f) 
Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material shall be placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
(g) 
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(h) 
The minimum lot width and minimum yard requirements of Use B1 Detached Dwelling shall be met for the applicable zoning district.
(i) 
Each converted structure shall have a recreation/patio area of at least 200 square feet per dwelling unit. The recreation/patio area shall not be located in the front yard or the minimum side or rear yards.
(j) 
The following minimum floor area requirements shall be met:
Type of Unit
Minimum Floor Area
(square feet)
Efficiency
400
1 bedroom
500
2 bedrooms
650
3 bedrooms
800
4 bedrooms
950
A minimum of 150 square feet of floor area for each additional bedroom, den, family room, or recreation room shall be required.
(k) 
The following minimum lot area requirements shall be met:
Zoning District
Minimum Lot Area
(acres)
C1
1
C2
1
O
1
VC
1
VC 2
1
(l) 
A building must have been constructed at least seven years prior to its conversion.
(m) 
Density: 12,000 square feet per dwelling unit.
(n) 
Parking: two off-street parking spaces for each dwelling unit having three bedrooms or less; three off-street parking spaces for each dwelling unit having four bedrooms or more. Spaces inside a garage shall not be counted as off-street parking spaces.
(8) 
B8 Accessory Family Apartment or Dwelling Unit. One apartment or dwelling unit accessory to a single-family detached dwelling shall be permitted provided the following conditions are met. The intent of these provisions is to allow for family members related by blood or marriage to the owner of the principal residence to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted.
(a) 
Such use shall occupy no more than 50% of the total floor area of the primary living area of the principal residence, but in no event shall the accessory use exceed a total floor area of 800 square feet. The primary living area includes a living room, dining room, kitchen, one bathroom and the largest bedroom.
(b) 
Occupancy of such use shall include only relatives of the family occupying the principal residence.
(c) 
Such use may contain separate cooking, sleeping, living and bathroom facilities.
(d) 
Such use may be part of the principal residence or may be contained in an accessory structure or building existing at the date of this chapter. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use, and the accessory family apartment or dwelling unit shall not be located in cellars or basements. Cellars are those areas having 1/2 or more of its floor to ceiling height below the average level of the adjoining ground.
(e) 
Only one accessory family apartment shall be permitted per single-family detached dwelling and there shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family detached dwelling.
(f) 
This use may be permitted only by special exception to the Zoning Hearing Board.
(g) 
The owner of the principal residence shall provide to the Township evidence of approval by the Bucks County Board of Health as to the adequacy of water and sewer facilities serving the site.
(h) 
Parking: two off-street parking spaces shall be provided for the additional use.
(i) 
The record owner of the property shall grant a deed restriction limiting such use in accordance with the foregoing provisions of this subsection in favor of Warwick Township. All costs related to the preparation and recording of the foregoing document shall be subject to the approval of the Township at the cost of the applicant.
(9) 
B9 Golf Course Community.
(a) 
General.
[1] 
A golf course community is a community of single-family detached residential dwelling units designed around an eighteen-hole public or private golf course.
[2] 
The open space shall include the area of the golf course, but shall not include areas devoted to accessory uses, including buildings and structures. Open space shall also include natural resources identified at § 195-60 of this chapter.
[3] 
A golf course community is permitted in recognition of the fact that a golf course with its intended accessory uses, whether publicly or privately owned and operated, is an important community resource, the development and/or preservation of which should be encouraged.
[4] 
A golf course community shall be permitted as a conditional use. The applicant proposing the golf course community shall have the initial burden of establishing that the proposed conditional use meets all of the express standards and criteria set forth for conditional uses in this chapter. In granting the conditional use, the Board of Supervisors shall satisfy itself that the proposed use is in conformity with the general standards for conditional uses set forth in this chapter.
(b) 
Standards for golf course community.
[1] 
The golf course community shall be designed around an existing or proposed public or private golf course.
[2] 
A golf course community shall be permitted as a conditional use only in the RG Residential-Golf Course District.
(c) 
Open space and lot requirements.
[1] 
Tract area. A tract of land to be devoted to a golf course community shall be not less than 175 acres. The tract may consist of more than one lot, provided that all lots comprising the tract are contiguous and are proposed to be developed pursuant to a unified plan.
[2] 
Open space. Not less than 50% of the tract area shall be open space. Open space shall be calculated as a percentage of tract area. Open space, which shall include the area devoted to the golf course, shall be permanently restricted from future development by use of a deed restriction or other document, satisfactory to the Township, and recorded at in the office of the Recorder of Deeds of Bucks County.
[3] 
Lot requirements.
[a] 
Minimum lot area: 20,000 square feet.
[b] 
Minimum lot width: 90 feet.
[c] 
Minimum lot depth: 100 feet (lot depth shall be measured from the road right-of-way line).
[d] 
Maximum impervious surface per lot: 35%.
[e] 
Maximum impervious surface per tract: 30%.
[4] 
Yard requirements.
[a] 
Front yard depth: 30 feet.
[b] 
Minimum side yard width: 10 feet.
[c] 
Minimum aggregate side yards: 30 feet.
[d] 
Rear yard depth: 25 feet.
[e] 
Minimum distance between buildings: 25 feet.
(d) 
Utility services. A golf course community shall be served by a public water system and a public sewage disposal system. If existing public systems are not available, centralized systems shall be provided by the developer.
(e) 
All other applicable development procedures and requirements in Chapter 163, Subdivision and Land Development, as amended, shall be followed; provided, however, that the density of the proposed golf course community shall be governed by the provisions of this subsection; and, provided further, that the golf course and its accessory facilities shall be deemed to satisfy any requirement for active or passive recreation land or facilities contained elsewhere in this chapter or in Chapter 163, Subdivision and Land Development.
(f) 
Open space and natural features.
[1] 
Significant natural resources are listed in § 195-60 of this chapter. In no case may natural resources protected by § 195-60 other than prime agricultural or forest or woodlands exceed 50% of the open space.
[2] 
Stormwater detention and retention basins shall not be considered part of any calculated open space.
[3] 
Open space areas which are part of the golf course may be privately owned; provided, however, that privately owned open space and golf course land shall be subject to restrictive covenants, the effect of which will guarantee that no uses made of open space or golf course land shall be for purposes other than open space. Such restrictive covenants shall be subject to review and approval by the Township as a condition of final subdivision and land development approval.
[4] 
A walking trail shall be installed around the perimeter of the site.
(g) 
The clubhouse, pro shop, maintenance building, or similar structure associated with the B9 Golf Club Community shall be constructed in accordance with the provisions of § 195-16D(4). A clubhouse, pro shop, maintenance building, or similar structure shall be located on the same or contiguous parcel as the B9 Golf Club Community.
[Added 6-18-2018 by Ord. No. 2018-1]
(10) 
B10 Home Occupation. A customary home occupation for gain. A home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards listed below, as well as any specific standards relating to the type of accessory home occupation proposed. The specific standards are listed under Uses B10(b)[1] through B(10)(b)[8].
(a) 
General standards. The following shall apply to all home occupations:
[1] 
A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors.
[2] 
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.
[3] 
All commercial vehicles shall be parked on-lot and must be parked in a garage or an enclosed structure or be suitably screened from view from adjacent properties and public rights-of-way. Off-street parking spaces are not permitted in the front yard. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material shall be placed on three-foot centers. Alternately, a four to five-foot fence may be erected which provides a visual screen.
[4] 
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference or violates any other standard of Article XIX of the Zoning Ordinance in a manner that is detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off of the premises.
[5] 
A home occupation shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, antique shops, auto or body repair facilities, tourist homes, restaurants and rooming-boarding-lodging houses.
[6] 
A zoning permit shall be required for all home occupations.[6]
[6]
Editor's Note: Former Subsection B(10)(a)[7], regarding minimum lot area, was repealed 3-7-2011 by Ord. No. 2011-1.
(b) 
High-impact general standards. The following shall apply to all home occupations except for no-impact home-based businesses:
[1] 
The maximum amount of floor area devoted to a home occupation shall not be more than 25% of the ground-floor area of the principal residential structure or 400 square feet, whichever is less. The ground-floor area of the principal residential structure shall not include an area of an attached garage or other similar building. At least 850 square feet of the total floor area must remain a residential use.
[2] 
One sign per home occupation is permitted by special exception, provided that it is no larger than three square feet per side bearing only the name, occupation, and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.
[Amended 3-7-2011 by Ord. No. 2011-1]
[3] 
There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation, and no goods shall be publicly displayed.
(c) 
Specific use standards. In addition to the requirements set forth above, the standards listed under uses B(10)(c)[1] through B(10)(c)[8] shall apply to that specific type of accessory home occupations.
[1] 
B10a Professional Offices. A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the salable commodity offered to the client.
[a] 
Professional offices include, but are not limited to, the following:
[i] 
Salesmen, sales representative or manufacturer's representative.
[ii] 
Architect, engineer or land surveyor.
[iii] 
Dentist, doctor, psychiatrist or veterinarian (not including a clinic or veterinarian office with boarding facilities).
[iv] 
Lawyer, accountant or insurance agent.
[v] 
Office of a minister, rabbi or priest.
[b] 
No more than one person other than resident members of the immediate family may be employed unless approved as a special exception by the Zoning Hearing Board.
[c] 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a professional office shall provide one off-street parking space for each employee plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking. Spaces inside a garage shall not be counted as off-street parking spaces.
[2] 
B10b Personal Services. A service business including, but not limited to, barbers, beauticians or photographers.
[a] 
Beauty parlors and barbershops may be permitted provided no more than two beauty parlor or barber chairs are provided.
[b] 
No one other than resident members of the immediate family may be employed.
[c] 
The minimum site area shall be two acres in all districts.
[d] 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a personal services use shall provide one off-street parking space for each employee, plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.
[3] 
B10c Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation shall not require a room or series of rooms specifically designed for that purpose.
[a] 
Instructional services involving a maximum of four students at a time are permitted.
[b] 
Instructional services involving musical instruments are only permitted in single-family detached dwellings.
[c] 
No persons shall be employed other than resident members of the immediate family.
[d] 
In addition to the off-street parking spaces required in this chapter for the particular residential use, an instructional service shall provide one off-street parking space per two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking.
[4] 
B10d Home Crafts.
[a] 
Home crafts are business activities whereby the commodity for sale is completely manufactured on the site and may be sold on the site by the resident craftsman.
[b] 
Home crafts may include, but are not limited to, the following: artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and furniture making.
[i] 
Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot.
[ii] 
No more than one person other than resident members of the immediate family may be employed.
[iii] 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a home craft shall provide one off-street space per 300 square feet of total floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking.
[5] 
B10e Trades, Business. The use of a residence as a base of operation for the business, but not including the conduct of any phase of the trade on the property. Trades included in this home occupation include, but are not limited to, electrician, plumber, carpenter, mason, painter, roofer and similar occupations.
[a] 
No more than one business vehicle may be parked on the property including noncommercial trucks and vans with loading capacities not exceeding 0.75 ton. The business vehicles and trailers shall be parked in an enclosed structure.
[b] 
No more than one employee other than resident members of the immediate family shall be permitted unless approved by the Zoning Hearing Board as a special exception.
[c] 
The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection B(10)(b)[1]. There shall be no outside storage of vehicles, equipment or materials of any kind.
[Amended 10-18-2021 by Ord. No. 2021-02]
[d] 
No assembling, manufacturing, processing or sales shall be conducted on the property.
[e] 
The buffer requirements of § 195-63 of this chapter shall be met.
[f] 
There shall be a minimum lot area of two acres in all districts.
[g] 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, a trades business shall provide one off-street parking space for each employee and one off-street parking space for each business vehicle. A maximum of six off-street parking spaces are permitted on one lot inclusive of the required residential parking.
[6] 
B10f Repair Services. A repair shop for small appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, blade sharpening and other goods, but not including automobile, truck, motorcycle, snowmobile, all-terrain vehicle, outboard motor and water jet ski vehicle repairs.
[a] 
No additional people other than resident members of the immediate family may be employed.
[b] 
The buffer requirements of § 195-63 of this chapter shall be met.
[c] 
In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, this accessory use shall provide one off-street space per 300 square feet of total floor area used for the home occupation.
[d] 
There shall be a minimum lot area of two acres in all districts.
[e] 
No more than one employee other than resident members of the immediate family shall be permitted unless approved by the Zoning Hearing Board as a special exception.
[7] 
B10g Family Day-Care. A family day-care use is a facility in which care is provided for one or more children, but no more than six at any one time, who are not relatives of the caregiver, where the child-care areas are being used as a family residence.
[a] 
Licensing, approval and permit procedures. Prior to the final approval of the use by the Board of Supervisors and the granting of a special exception by the Zoning Hearing Board, if applicable, and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
[b] 
This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.
[c] 
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface or parking area.
[d] 
Family day-care uses are only permitted as an accessory use in a single-family detached dwelling.
[e] 
The outdoor play area must be enclosed by a four-foot-high fence which is deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.
[f] 
No more than one person other than resident members of the immediate family may be employed.
[g] 
The buffer requirements of § 195-63 of this chapter shall be met.
[h] 
The use shall be located on a public street.
[i] 
The use, by special exception, may be expanded to a group day-care home which is a facility in which care is provided for more than six, but no more than 11, children. The following criteria shall be met:
[i] 
All standards noted above for family day-care uses shall be met.
[ii] 
The regulations of the Pennsylvania Department of Welfare shall be met.
[iii] 
Such uses shall be permitted only in single-family detached dwellings or in an accessory building on the same lot.
[iv] 
Minimum lot area: two acres.
[8] 
B10h No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use to a residential use that is clearly secondary to the residential use of the dwelling. The activities shall not involve any customer, client, or patient traffic, either vehicular or pedestrian, in excess of that normally associated with a residential use, and shall not involve pickup, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use. The activity shall satisfy the following requirements:
[a] 
The activity shall be compatible with the residential use of the property and the surrounding residential uses.
[b] 
The activity shall not employ anyone other than family members residing in the dwelling.
[c] 
There shall be no display or sale of retail goods, and no stockpiling or 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 activity may not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with a residential use in the neighborhood.
[f] 
The activity shall be conducted only within the residential dwelling and may not occupy more than 25% of habitable floor area.
(11) 
B11 Bed-and-Breakfast. A residential building containing five or fewer guest rooms, converted or designed for the temporary lodging of transient guests, which is accessory only to a single-family detached residential use that is in compliance with the provisions of this chapter for the zoning district in which the residential building is located, and subject to the following regulations:
(a) 
The minimum lot size shall be two acres for three guest rooms and one additional acre for each additional guest room, up to a maximum of five guest rooms.
(b) 
There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only.
(c) 
The maximum uninterrupted length of stay at a bed-and-breakfast shall be seven days within a three-month period.
(d) 
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway as specified in § 195-63, Buffer yards, in this chapter.
(e) 
There shall be no use of show windows or display or advertising visible outside the premises to attract guests or otherwise, other than a single, nonilluminated sign which may not exceed six square feet.
(f) 
At least one full bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the owner residents shall have their own separate and additional bathroom facilities.
(g) 
The bed-and-breakfast-inn use shall be conducted by family members of the resident owner-occupant. Nonresident employees shall be limited to two in addition to the resident family members.
(h) 
No more than two adults and two children may occupy one guest room.
(i) 
The utilization of any amenities provided by the bed-and-breakfast inn, such as a swimming pool or tennis courts, shall be restricted in use to the owners and the guests of the bed-and-breakfast inn.
(j) 
A permit issued for a bed-and-breakfast inn shall have a life of one year. The permit shall be renewed annually upon application by the owner and payment of the annual fee provided in the Township Fee Schedule, and provided also that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter.
(k) 
The bed-and-breakfast-inn use may not be established until there is compliance with all Township ordinances, rules and regulations. The bed-and-breakfast inn will be periodically inspected by the Fire Marshal for compliance with all Township safety standards. All Department of Labor and Industry requirements must be satisfied, and proof thereof shall be required for the bed-and-breakfast-inn permit or renewal thereof. Sewage disposal methods shall conform with the requirements of the requirements, rules and regulations of the Pennsylvania Department of Environmental Protection, the Bucks County Department of Health and the Warwick Township Sewage Facilities Plan.
(l) 
The applicant shall furnish a valid Bucks County Department of Health permit. The total number of bedrooms (resident and guest) in the bed-and-breakfast inn shall not exceed the number of bedrooms which the on-lot sewage system is designed to accommodate. If the proposed bed-and-breakfast use is to be served by a public sewage disposal system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.
(12) 
B12 Residential Accessory Building, Structure or Use. Residential accessory building, structure or use, including but not limited to:
(a) 
A private garage or private parking space but not for commercial vehicles with more than two axles.
(b) 
Buildings such as storage sheds, bathhouses and private greenhouses.
(c) 
Stables, barns, or shelters for pets.
(d) 
Living quarters for household employees, caretakers or watchmen, provided that no more than two such persons shall be provided with living quarters.
(e) 
Decks, patios or gazebos conforming to the definition of "accessory building."
(f) 
Structures such as fences or walls.
[1] 
Security fences. No security or man-proof fence incorporating barbed wire, electrification, razor tape or other similar feature shall be permitted in any residential district except where the land is being utilized for agricultural or horticultural use or in connection with construction material storage.
[2] 
Exempt fences. Temporary fences, such as snow fences and fences or barriers around construction sites, which are not to stand more than one year, are exempt from permit requirements. All temporary fences must conform to all other provisions governing the location, placement, erection and maintenance of fences and retaining walls.
[3] 
Obstruction of vision. No fences, retaining wall, vegetation and/or structure of any nature shall exist or be placed and/or erected in such a manner which may impede the clear line of sight of vehicular or pedestrian traffic as defined in Chapter 163, Subdivision and Land Development.
[4] 
Right-of-way. No fence, retaining wall and/or any structure of any nature shall be placed and/or erected within the designated street right-of-way or potential future right-of-way, with the exception of required traffic signals and traffic signage as defined on the final recorded plan of all subdivisions and land developments.
[5] 
Drainage swales/easements. No fence, retaining wall or other structure shall be erected or maintained upon any drainage easement, swale, road right-of-way, sight distance easement or within deed restricted open space. Fences may be erected in sewer easements or easements for underground storm sewer facilities only with written permission of the holder of the easement. Fences may be erected or placed at the property line subject to all other requirements of this subsection.
[6] 
Maintenance. Fences and retaining walls shall be constructed, maintained and repaired in conformance to the Uniform Construction Code of Pennsylvania, as adopted by the Township, and applicable Township ordinances.[7]
[7]
Editor's Note: See Ch. 62, Construction Codes, Uniform.
[7] 
Properties with principal structures within 100 feet of each other. All fences shall be erected with the finished side of the fence facing adjacent properties and roadways. The finished side shall be considered the side without the structural supporting posts.
[Amended 3-7-2011 by Ord. No. 2011-1]
[8] 
Maximum height:
[a] 
Residential districts. Fences shall not be taller than six feet above grade.
[b] 
Nonresidential districts. Fences shall not be taller than 10 feet above grade.
(g) 
A swimming pool for use of family and guests only subject to the following requirements:
[1] 
Setback requirements. The following minimum setback requirements shall govern the location of private swimming pools, wading pools, and public swimming pools, provided that such pools, including appurtenances such as decks, patios, sidewalks, etc., shall not be located further forward than the front building line (corner lots are subject to multiple front building lines based on street frontage) of the primary structure on the property and shall not be located within the front yard setback:
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
Zoning District
Side and Rear Yard Setback
(measured from the edge of coping)
(feet)
MF-1, MF-2, RA, R1, R1a, R2, RG, RR, O
25
C1, C2, C3, LI, VC, VC2
75
Public pool in any zoning district
75
B2 and B3 use housing, regardless of district
15
[2] 
A grading plan shall be submitted with a pool permit, showing existing draining patterns and demonstrating that drainage patterns are not to be altered as a result of the installation of the pool. To ensure that there is no adverse effect on adjacent properties, prior to the issuance of an occupancy permit for the pool, the property owner shall submit an as-built grading plan which shall be reviewed by the Township Engineer to ensure that there is no disturbance of drainage patterns existing prior to the installation of the pool and drainage patterns shown on the subdivision or land development plan which created the lot on which the pool is installed.
(h) 
Greenhouses accessory to residential dwelling. Greenhouses may be accessory to a residential use, subject to the following conditions:
[1] 
The total area of all greenhouses on a property may not exceed 300 square feet.
[2] 
All plants grown in a residential greenhouse must be used on the property on which the greenhouse is located; plants grown in a greenhouse accessory to a residential use may not be sold.
[3] 
The maximum height of a greenhouse on a residential property shall be 20 feet.
[4] 
A greenhouse is an impervious surface.
(i) 
Tennis courts, basketball courts, and skateboard facilities shall be permitted accessory to a residential use, subject to the following conditions:
[1] 
Building permits are required prior to construction, alteration, remodeling of, or addition to a tennis court, basketball court, or skateboard facility.
[2] 
All applicants for a permit for a tennis court, basketball court, or skateboard facility shall submit a grading plan to ensure that there will be no disturbance of existing drainage patterns.
[3] 
Each tennis court, basketball court, or skateboard facility shall be suitably designed, located, and maintained so as not to be a nuisance or hazard either to adjoining property owners or the public generally.
[4] 
Lighting for a tennis court, basketball court, or skateboard facility shall not exceed 10 feet in height, and all lighting shall be directed such that all light and glare are within the immediate area of the court or facility with the cut-off angle arranged to avoid projecting light outside of such immediate area or skyward. All lights shall be designed or equipped with shielding so that the light source within the luminary is not visible outside the intended illuminated area. The intended illuminated area shall not extend beyond the immediate area of the court or facility.
[5] 
There shall be fencing surrounding a tennis or basketball court, which fencing shall not exceed 10 feet in height.
[6] 
All tennis courts, basketball courts, or skateboard facilities shall conform to the same setback requirements from all property lines as principal buildings in their respective zoning districts.
[7] 
Tennis courts, basketball courts, and skateboard facilities shall be surrounded by an evergreen buffer consisting of materials adequate to screen the court from view of adjacent properties. The buffer surrounding the tennis court, basketball court, or skateboard facility shall be of sufficient size and composition to reduce noise emanating from the property to the level which existed prior to the construction of the court or facility. The height of the buffer, at planting, shall be eight feet, but the height of the buffer may be adjusted upwards or downwards by the Township Zoning Officer to achieve the stated compliance standards.
[8] 
In no event shall the construction of a tennis court, basketball court, skateboard facility or other recreational facility cause a violation of the maximum impervious surface ratio or natural resource protection requirements of the underlying zoning district.
(j) 
On properties less than three acres in size, an accessory building may be erected within a side and/or rear yard, provided that it is located no further forward than the front building line (corner lots are subject to multiple front building lines based on street frontage) of the primary structure on the property, and provided, further, on properties of any size, that the accessory building shall be located no less than seven feet from any property line.
[Amended 10-18-2021 by Ord. No. 2021-02]
(k) 
Accessory buildings, including swimming pools, may abut deed-restricted open space areas but may not encroach upon such area.
(l) 
All accessory buildings or uses shall not exceed 20 feet in height, except flagpoles, which may have a maximum height of 35 feet.
(m) 
A utility structure, including but not limited to, an oil tank, HVAC unit, generator, or pool equipment, may be erected within the side and/or rear yard, provided that it is located no further forward than the front building line of the primary structure on the property, and provided, further, that the utility structure shall be located no less than seven feet from the side or rear property line. In the case where the primary building is located less than seven feet from a side or rear property line, the utility structure shall be located no closer to the property line than the primary structure.
[Added 3-7-2011 by Ord. No. 2011-1; amended 6-18-2018 by Ord. No. 2018-1]
(n) 
On properties less than three acres in size, no more than four accessory structures, including but not limited to sheds, garages, pool houses, barns, stables, shelters for pets, greenhouses and bathhouses, shall be permitted on one property. Fences, walls, decks, gazebos and patios shall not be considered accessory structures for the purposes of this subsection only.
[Added 11-7-2011 by Ord. No. 2011-12]
(o) 
On any lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained, which may cause danger to vehicular traffic or pedestrians on a street or public road by obscuring the view or obstructing the movement of vehicles or pedestrians.
[Added 11-7-2011 by Ord. No. 2011-12]
C. 
Institutional uses.
(1) 
C1 Neighborhood Place of Worship. Any structure or structures used for worship or religious instruction with sanctuary seating not in excess of 350 seats, and including social and administrative rooms accessory thereto. Use C8 Cemetery and Use G2 Day-Care Center are permitted as accessory uses to this principal use, provided that these accessory uses must meet the dimensional requirements set forth in § 195-16C(8) and § 195-16G(2), respectively.
(a) 
Dimensional requirements:
[1] 
Minimum lot area: five acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum front yard: 65 feet.
[4] 
Minimum side yard: 50 feet.
[5] 
Minimum rear yard: 100 feet.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Signage. In residential districts, signage shall not exceed 20 square feet. In the C1, C2, C3, VC, VC 2, O and LI Districts, signage shall comply with all district regulations. All churches along the Pa. Route 263 Corridor shall comply with the regulations of the Corridor Overlay District as set forth in Subdivision and Land Development Ordinance.[8]
[8]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(d) 
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 40 square feet of total floor area used or intended to be used for service to patrons, guests or members, whichever requires a greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(2) 
C2 Community Place of Worship. Any structure or structures used for worship or religious instruction with sanctuary seating in excess of 350 seats, and including social and administrative rooms accessory thereto. Use C8 Cemetery and Use G2 Day-Care Center are permitted as accessory uses to this principal use, provided that these accessory uses must meet the dimensional requirements set forth in § 195-16C(8) and § 195-16G(2), respectively.
(a) 
Dimensional requirements:
[1] 
Minimum lot area: 10 acres.
[2] 
Minimum lot width: 400 feet.
[3] 
Minimum front yard: 65 feet.
[4] 
Minimum side yard: 50 feet.
[5] 
Minimum rear yard: 100 feet.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
This use shall only be permitted in the C1, C2, C3, O, LI, VC, and VC 2 Districts.
(d) 
Signage. All signage shall comply with Article XXII of this chapter.
(e) 
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 40 square feet of total floor area used or intended to be used for service to patrons, guests or members, whichever requires a greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(3) 
C3 School. Religious, sectarian or nonsectarian, denominational private school or public school which is not conducted as a private gainful business; nursery schools operated as a private gainful business. Nursery schools or daycares with an enrollment of 100 students or more shall be considered a school under this definition.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a) 
Access shall be taken from an arterial or collector highway.
(b) 
Dimensional requirements.
[1] 
Minimum lot area. The minimum lot area shall be as required by the Pennsylvania Department of Education, provided that in no event shall a C3 use be located on a site which is less than 10 acres in size.
[2] 
Minimum lot width: 100 feet.
[3] 
Minimum front yard: 75 feet.
[4] 
Minimum side yard: 100 feet.
[5] 
Minimum rear yard: 100 feet.
(c) 
Outdoor play areas shall be 75 feet from side and rear property lines. Outdoor play areas shall be sufficiently screened to protect the neighborhood from inappropriate noise and other disturbances.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
Parking:
[1] 
Nursery school or kindergarten: one off-street parking space for each faculty member and employee, plus two additional spaces per classroom.
[2] 
Elementary school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.
[3] 
Junior high school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
[4] 
Senior high school: one off-street parking space for each faculty member and employee, plus one space per 10 classroom seats, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
[5] 
College and junior college: one off-street parking space per faculty member and employee, plus one space for each 10 classroom seats, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
[6] 
Stadium parking. In addition to the above parking requirements, any junior or senior high school or college which proposes a sports facility on school property shall provide an additional one off-street parking space for each eight seats.
[7] 
Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use. Pickup and drop-off facilities for buses and/or motor vehicles shall be provided in addition to the required parking spaces as described above.
(4) 
C4 Library or Museum. Library or museum, open to the public or connected with a permitted educational use and not conducted as a private gainful business.
(a) 
Minimum lot area: two acres.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: one space per five seats or one space per 250 square feet of total floor area where no seats are provided. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(5) 
C5 Hospital. An establishment, licensed by the American Hospital Association, which provides health services primarily for in-patient medical or surgical care of the sick or injured, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment. A hospital is subject to the following additional provisions:
(a) 
Minimum lot area: 10 acres.
(b) 
Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care. For the purpose of this chapter, "long-term care" shall mean care in excess of one month.
(c) 
Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
Such use shall take access from collector or arterial highways only.
(f) 
Parking: one off-street parking space for each patient bed; plus one off-street parking space for every two employees and staff members. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(6) 
C6 Continuing Care Facility/Assisted Living. A continuing care facility is a form of residential use designed and operated for individuals requiring support facilities including personal care or assisted living facilities, but not requiring full-time skilled nursing care (Use C7). Continuing care/assisted living facilities are subject to the following restrictions:
(a) 
Dimensional requirements:
[1] 
Minimum lot area: 10 acres.
[2] 
Minimum front yard: 75 feet.
[3] 
Minimum side yard: 50 feet.
[4] 
Minimum rear yard: 50 feet.
[5] 
Minimum lot width at minimum building setback: 250 feet.
[6] 
Minimum setback from tract boundary: 75 feet.
(b) 
Maximum density: 16 units per acres of net buildable site area; provided, however, that no facility shall contain more than 60 units. Each bed shall be considered a separate unit. No more than one facility shall be permitted per site.
(c) 
Maximum height: Three stories or 35 feet including any mechanical equipment, such as HVAC equipment located on the roof, whichever is less.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d) 
Maximum impervious ratio: 50%.
(e) 
Open space and passive recreational area: At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings, or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting area shall be located in areas subject to flooding or on slopes in excess of 5%. Open space may include side and rear yards.
(f) 
Off-street parking: one off-street parking space for every two beds, plus one space for each employee.
(g) 
Continuing care/assisted living facilities shall meet the standards and requirements for licensing as established by the Commonwealth of Pennsylvania or other agencies with jurisdiction.
(h) 
Continuing care facilities must be served by a public or privately owned centralized water system and a public or privately owned sewage disposal system pursuant to the Township's Act 537 Plan.
(7) 
C7 Skilled Care/Nursing Home Facility. A skilled care/nursing home facility is a form of residential use designed and operated exclusively for individuals requiring skilled full-time care.
(a) 
Dimensional requirements:
[1] 
Minimum lot area: 10 acres.
[2] 
Minimum front yard: 75 feet, which shall be measured from the front edge of any drop-off area.
[3] 
Minimum side yard: 75 feet.
[4] 
Minimum rear yard: 50 feet.
[5] 
Minimum lot width: 250 feet.
(b) 
Maximum density: eight patient rooms per acre, based on single or double occupancy.
(c) 
Maximum height: three stories or 35 feet including any mechanical equipment, such as HVAC equipment located on the roof, whichever is less.
(d) 
Open space and passive recreational area: At least 50% of the site area must be maintained as open space which shall not include detention basins, parking lots, accessory buildings, or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting area shall be located in areas subject to flooding or on slopes in excess of 5%. Open space may include side and rear yards.
(e) 
Fire protection improvements shall be provided in accordance with applicable Township codes.
(f) 
Each skilled-care or nursing home facility shall annually provide the Township with copies of an ambulance service contract to serve the residents of the facility.
(g) 
A traffic impact study and water impact study shall be prepared in accordance with specifications provided by the Township's consulting engineers.
(h) 
There shall be a fifty-foot buffer along the rear and side property lines. The buffer shall consist of materials as set forth in § 195-63 of this chapter and in the Subdivision and Land Development Ordinance.[9]
[9]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(i) 
Parking. There must be 0.85 off-street parking space per bedroom in addition to one off-street parking space for each employee on the largest shift. All parking lots shall be located to the side and rear of the building as it faces the street.
(j) 
All full-care facilities shall connect to public sewer in conformance with the Township's Act 537 Plan.
(8) 
C8 Cemetery. A burial place or graveyard including mausoleum, columbarium, or chapel. A crematory shall not be permitted as a cemetery use or part of the cemetery use.
(a) 
Dimensional requirements (except for pet cemeteries):
[1] 
Minimum lot area: 10 acres.
[2] 
Minimum yards and setbacks: 100 feet.
(b) 
Dimensional requirements for pet cemeteries:
[1] 
Minimum lot area: three acres.
[2] 
Minimum yards and setbacks: 25 feet.
(c) 
Lot coverage of accessory buildings and parking facilities. No more than 10% to a maximum of five acres may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.
(d) 
No burial plots, structures or parking areas shall be located within the one-hundred-year floodplain.
(e) 
No outside storage shall be permitted.
(f) 
All structures open to the public shall be supplied with water and sewer and all utilities shall be placed underground.
(g) 
The buffer requirements of § 195-63 of this chapter shall be met.
(h) 
A zoning permit shall be obtained on an annual basis.
(i) 
Additional requirements for pet cemetery:
[1] 
All grave markers shall be placed flush to the ground.
[2] 
All caskets shall be of durable construction and not subject to breakage or deterioration. Caskets shall not be stacked one above another underground, and the top of every casket shall be at least three feet below the existing grade. The owner or operator shall maintain at all times a current burial plot diagram showing all plots in use, which shall be available to the Township for inspection upon request.
(j) 
Parking: one off-street parking space for each employee and one parking space for each four visitors in total capacity of the chapel. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(9) 
C9 Municipal Use. A municipal use is a use conducted by Warwick Township, or a municipal authority incorporated by Warwick Township, for the health, safety, and general welfare of the Township residents. Municipal uses include, but are not limited to, municipal buildings, administration buildings, police barracks, recreation buildings, libraries, road maintenance facilities, and all municipal-owned utilities and appurtenances used in connection with supplying such services. Municipal uses not owned or operated by Warwick Township or a municipal authority incorporated by Warwick Township shall be subject to the requirements for E1 Utility or Public Service Uses.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for every employee, plus one space for every five seats in meeting areas. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
D. 
Recreational uses.
(1) 
D1 Recreational Facility. Recreational facility or park, subject to the restrictions below:
(a) 
This use shall not include Use G15 Indoor Athletic Clubs, amusement parks, wild animal parks or zoos. This use shall not include recreation facilities which involve the discharge of firearms, except in a fully enclosed and soundproof building. This use shall not include areas created as open space in a residential subdivision or land development and owned by a homeowners' association.
(b) 
No outdoor active recreation area shall be located nearer to any lot line or street line than 25 feet, except for bike paths and walking, jogging, or fitness trails, which shall be located no closer than 10 feet from lot or street lines.
(c) 
Uses providing outdoor active recreation areas such as baseball fields, football fields, soccer fields, hockey fields, lacrosse fields, basketball courts, tennis courts and swimming pools and similar uses shall observe the following standards:
[1] 
Minimum lot area: five acres.
[2] 
No outdoor active recreation area shall be located closer than 100 feet to any lot line.
(d) 
Model airplane clubs, glider or ultra-light flying clubs, skeet shooting, archery ranges and similar uses shall observe the following standards:
[1] 
Minimum lot area: 10 acres.
[2] 
No area used for such purposes shall be located closer than 500 feet to any lot line.
(e) 
Private outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. As a minimum, the buffer requirements of § 195-63 of this chapter shall be met. Additionally, such areas shall be fenced or enclosed when deemed necessary by the Township.
(f) 
Parking: one off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(2) 
D2 Private Club. Private club or lodge other than Use D1.
(a) 
The use shall not be conducted as a private gainful business.
(b) 
The use shall be for members and their authorized guests only.
(c) 
The buffer requirements of § 195-63 of this chapter shall be met.
(d) 
Parking: one off-street parking space for each five members of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(e) 
Minimum lot area: 40,000 square feet.
(3) 
D3 Community Center. Community center, adult education center, child educational/recreational center, or other similar facility operated by an educational, philanthropic, or religious institution.
(a) 
Minimum lot area: two acres.
(b) 
The use shall not be conducted as a private, gainful business.
(c) 
No outdoor recreation area shall be located nearer to any lot line than 100 feet.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
Parking: one off-street parking space for each four seats provided for patron use; or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(4) 
D4 Golf Course. Golf course, including chip and putt courses and accessory driving ranges, but not including miniature golf courses, including clubhouse, restaurant, and other accessory uses, provided these are clearly accessory to the golf course.
(a) 
Minimum lot area:
Type
Minimum Lot Area
(acres)
Regulation 18-hole
130
Executive
18-hole
60
9-hole
50
Par 3 18-hole
45
Par 3 9-hole
25
(b) 
No building shall be closer than 100 feet to any lot line. Additionally, no fairway or green shall be any closer than 100 feet to any lot line or street right-of-way.
(c) 
All necessary fencing or other protection shall be installed or erected to ensure that no golf balls leave the site.
(d) 
Parking: one off-street parking space for every five members of total capacity, or at least one off-street parking space for each 50 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(5) 
D5 Camp. A tract of land and buildings or structures planned as a whole for seasonal use, comprising two or more cottages and other related buildings; also includes privately operated camps for boys or girls using two or more cottages for shelter or sleeping purposes.
(a) 
Minimum site area: 10 acres.
(b) 
The main use of the proposed development shall be seasonal, that is for periodic use over a limited number of months during particular seasons of the year, and no occupant shall be permitted to remain for a total period exceeding 120 days during any one calendar year with the exception of a caretaker, groundskeeper or other staff.
(c) 
Sewage disposal methods shall conform with the requirements of the Bucks County Department of Health and the Warwick Township Sewage Facilities Plan.
(d) 
The maximum overall density shall not exceed one cottage for every two acres. The maximum number of occupants per cottage shall be 16.
(e) 
Completely detached buildings or structures on the same lot shall not be less than 20 feet from one another.
(f) 
Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
(g) 
The buffer requirements of § 195-63 of this chapter shall be met.
(h) 
No mobile homes and no recreational vehicles shall be permitted as part of a cottage development or private camp as defined herein.
(i) 
A zoning permit shall be obtained on an annual basis.
(j) 
Parking: 1 1/4 parking spaces shall be provided for each cottage, plus one additional space for each employee on the largest shift.
(6) 
D6 Miscellaneous Golf Uses.
(a) 
Miniature golf course including office.
[1] 
A miniature golf course shall have its lot frontage on and take access from an arterial highway, as defined in the Township ordinances.
[2] 
Minimum lot area: five acres.
[3] 
Minimum setback from street and property lines: 50 feet.
[4] 
Minimum lot frontage: 200 feet.
[5] 
Parking: one off-street parking space for each 50 square feet used for service to customers, patrons, clients, or guests, plus one additional space for each employee. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(b) 
Golf driving range.
[1] 
A golf driving range shall have its lot frontage on and take access from an arterial highway, as defined in the Township ordinances.
[2] 
Minimum lot area: 10 acres.
[3] 
Minimum setback from street and property lines: 100 feet.
[4] 
Tees and driving areas shall be arranged so as to protect surrounding properties, streets and buildings from golf balls. All necessary measures, including fencing or net, shall be taken to ensure that balls shall not leave the property.
[5] 
Lighting. Any lighting shall be installed in such a manner as to ensure that no light projects off the site.
[6] 
Minimum lot frontage: 200 feet.
[7] 
Parking: one off-street parking space for each stall, plus one additional space for each employee. The foregoing parking requirements shall be in addition to the parking requirements for miniature golf courses if developed jointly. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
E. 
Utility service uses.
(1) 
E1 Utility or Public Service Uses.
(a) 
Utility or public service uses shall be limited to transformer stations, pumping stations, relay stations, cellular telecommunications facilities, electrical substations, telephone substations, sewage treatment plants, and any similar or related installations, not including public incinerators and public or private landfills, provided that:
[Amended 2-18-2014 by Ord. No. 2014-3]
[1] 
No public business office or any storage yard or storage building shall be operated in connection with the utility/public service use except in commercial and industrial zoning districts.
[2] 
A buffer yard shall be provided in accordance with existing ordinances along all property lines and street right-of-way lines which shall include adequate means for visual screening and shall include the following minimum setbacks from all property lines:
[a] 
Water tower: set back not less than the height of the tower, plus 200 feet.
[b] 
Electrical substation: 50 feet.
[c] 
Well facility: 100 feet.
[d] 
Sewer pumping station: 50 feet.
[e] 
Water treatment facility: 100 feet.
[f] 
Sewage treatment plant: 200 feet.
[g] 
All other utility/public services uses: 50 feet.
[3] 
Cellular communication facilities, water storage facilities and sewage treatment plants shall be permitted only by special exception to the Zoning Hearing Board subject to § 195-118.
(b) 
Wireless communications facilities.
[Amended 2-18-2014 by Ord. No. 2014-3; 5-16-2022 by Ord. No. 2022-01]
[1] 
Intent. The intent of this subsection is to:
[a] 
Provide for the managed development of WCF in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations;
[b] 
Accommodate the need for WCF while regulating their location and number so as to ensure the provision of necessary services;
[c] 
Establish procedures for the design, siting, construction, installation, maintenance and removal of nontower WCF, small WCF, and tower-based WCF in the Township, including facilities both inside and outside the public rights-of-way;
[d] 
Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, WCF, cable Wi-Fi and other WCF;
[e] 
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services collocate their WCF on existing infrastructure; and
[f] 
Promote the health, safety and welfare of the Township's residents.
[2] 
Applicability.
[a] 
WCF for which a permit has been issued prior to the effective date of this subsection shall not be required to meet the minimum requirements of this subsection.
[b] 
This subsection shall not govern the installation of any amateur radio facility that is owned by a federally licensed amateur radio station operator or that is used exclusively for receive-only antennas.
[c] 
This subsection shall supersede all conflicting requirements of other codes and ordinances regarding the location and permitting of WCF.
[3] 
General requirements for all wireless communications facilities.
[a] 
Standard of care.
[i] 
All WCF shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate WCF, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Township.
[ii] 
If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for the removal of the WCF at the owner's expense.
[b] 
Engineer signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.
[c] 
Eligible facilities requests.
[i] 
WCF applicants proposing a modification to an existing WCF shall be required to obtain a building permit and a zoning permit from the Township. In order to be considered for such permits, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request under the Code of Federal Regulations (47 CFR 1.6100). The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.
[d] 
Timing of approval.
[i] 
Within 30 calendar days of receipt of a complete application for the modification of an existing WCF, the Township Zoning Officer shall notify the WCF applicant, in writing, of any information that may be required to complete such application.
[ii] 
Within 60 days of receipt of a complete application for the modification of an existing WCF, the Township Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF.
[e] 
Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.
[f] 
Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[g] 
Public safety communications. WCFs shall not interfere with public safety communications, or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[h] 
Radio frequency emissions. A WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.
[i] 
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 123 of the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[j] 
Nonconforming wireless support structures. WCFs shall be permitted to co-locate upon existing nonconforming wireless support structures. Co-location of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.
[k] 
Inspections; reports. WCF shall be inspected on a regular basis to ensure structural integrity and compliance with applicable federal, state and local codes and regulations. Inspection reports shall be submitted to the Township on at least an annual basis unless more frequent inspection reports are required by federal, state, or local codes or regulations.
[l] 
Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Township fee schedule.
[m] 
Indemnification. Each person or entity that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[n] 
Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this subsection.
[o] 
Abandonment; removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of 12 months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:
[i] 
All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Township, unless a time extension is approved by the Township.
[ii] 
If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.
[iii] 
The Township reserves the right to pursue all available remedies under the law to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay by the Township in taking action shall not invalidate the Township's right to take action.
[iv] 
Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of 12 months.
[p] 
Maintenance. The following maintenance requirements shall apply:
[i] 
All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.
[ii] 
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents and in accordance with all applicable Township, state and federal regulations.
[iii] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[iv] 
Failure to maintain. Where a WCF is not maintained in a manner to promote the safety and security of the Township's residents and in accordance with all applicable municipal, state, and federal regulations, the Township will issue a notice to remedy the condition to the owner of the WCF and the owner of the wireless support structure, where such owner is not a municipal entity. If the condition is not remedied within 30 days of the notice, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed jointly and severally against the owner of the WCF and the owner of the wireless support structure where such owner is not a municipal entity, regardless of the owner's or operator's intent to operate the WCF in the future.
[v] 
Emergency maintenance. Where a WCF creates an immediate risk of harm to the public health, safety, and welfare, the Township may remedy such dangerous condition without notice. The cost of such remediation shall be assessed jointly and severally against the owner of the WCF and the owner of the wireless support structure, where such owner is not a municipal entity.
[4] 
Specific requirements for nontower wireless communications facilities.
[a] 
The following regulations shall apply to all nontower WCFs that do not meet the definition of a small WCF:
[i] 
Small WCF exemption. Nontower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 195-16E(1)(b)[4]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 195-16E(1)(b)[3] and [6].
[ii] 
Permitted outside the public rights-of-way in in the C1, O, and LI Zoning Districts where those Zoning Districts are not overlayed by the Corridor Overlay District.
[iii] 
Development regulations.
[A] 
The total height of any nontower WCF shall not exceed 15 feet above the preexisting height of the wireless support structure to which the WCF is attached.
[B] 
In accordance with industry standards, all nontower WCF applicants must submit documentation to the Township showing that the proposed nontower WCF is designed to be the minimum height technically feasible and justifying the total height of the nontower WCF.
[C] 
If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[D] 
A security fence not to exceed eight feet in height shall surround any separate communications equipment building if such communications equipment building is located at ground level. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[iv] 
Design.
[A] 
In order to assist in evaluating the visual impact, the WCF applicant shall provide color photo simulations showing the proposed site of the nontower WCF with a photo-realistic representation of the proposed WCF as it would appear viewed from the closest residential property, adjacent roads and from other locations as required by the Township.
[B] 
Nontower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Township.
[C] 
Nontower WCFs shall, to the extent technically feasible, incorporate architectural features, materials and colors which blend with surrounding buildings, structures, terrain or landscape. Applications for nontower WCFs shall be subject to review and approval by the Zoning Officer.
[D] 
Nontower WCFs and accessory equipment must be of a neutral color that is identical to or closely compatible with the wireless support structure so as to make the WCF and accessory equipment as visually unobtrusive as possible. Roof-mounted nontower WCFs shall match existing air-conditioning units, stairs, elevator towers or other background as nearly as possible.
[v] 
Prohibited on certain structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.
[vi] 
Third-party wireless support structures. Where the nontower WCF is proposed for co-location on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Zoning Officer that the owner of the wireless support structure has authorized co-location of the proposed nontower WCF.
[vii] 
Historic buildings. No nontower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district under Article XXVII, or is included in an official historic structures list maintained by the Township.
[viii] 
Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[ix] 
Insurance. Each person that owns or operates a nontower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.
[x] 
Substantial change. Any substantial change to a WCF shall require notice to be provided to the Township Zoning Officer, and possible supplemental permit approval as determined by the Township Zoning Officer in accordance with the Township Code.
[xi] 
Timing of approval.
[A] 
Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township Zoning Officer, the Township Zoning Officer shall notify the WCF applicant, in writing, of any information that may be required to complete such application.
[B] 
Within 90 days of receipt of a complete application for a nontower WCF, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[5] 
General and specific requirements for tower-based wireless communications facilities.
[a] 
The following regulations shall apply to all tower-based WCF that do not meet the definition of a small WCF.
[i] 
Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 195-16E(1)(b)[5]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 195-16E(1)(b)[3] and [6].
[ii] 
Tower-based WCFs are permitted outside the public rights-of-way as a special exception in all zoning districts except that tower-based WCFs shall not be permitted in residential zoning districts (RA, R1, R1A, R2, RR, RG, MF-1, and MF-2), parcels within 500 feet of a residential district boundary, nor within 500 feet of any property used for a residential purpose, nor within 300 feet of the ultimate right-of-way for York Road (SR 263).
[iii] 
Special exception required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 195-16E(1)(b)[5].
[A] 
Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the Township will send via first-class mail notice to all owners of every property within 300 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent at least 10 days in advance of any such hearing.
[B] 
Prior to the Zoning Hearing Boards' approval of a special exception authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Zoning Hearing Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.
[C] 
The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.
[D] 
The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
[E] 
The special exception application shall include evidence that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Zoning Hearing Board's decision on an application for approval of tower-based WCF.
[F] 
Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.
[G] 
The special exception application shall include a written certification by a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.
[H] 
An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
{1}
No existing support structure, building or other structure are located within the geographic area which meet the applicant's engineering requirements.
{2}
Existing support structures, buildings or other structures are not of sufficient height to meet the applicant's engineering requirements.
{3}
Existing support structures, buildings or other structures do not have the strength to support the applicant's equipment.
{4}
The applicant's equipment would cause electromagnetic interference with equipment on the existing support structure, building or other structure.
{5}
Fees, costs or contractual provisions required by the owner in order to share an existing location or to adapt for the applicant are unreasonable. Costs exceeding new construction for a support structure are presumed to be unreasonable.
{6}
The applicant demonstrates that there are other limiting factors that render other locations unsuitable.
{7}
The applicant demonstrates that an alternative technology that does not require the use of a support structure, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is not suitable. Costs of alternative technology that exceed costs for the construction of a support structure and antenna development shall not be presumed to render the technology unsuitable.
[I] 
The special exception application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this Article III and any other applicable zoning ordinance requirements.
[iv] 
Development regulations.
[A] 
Tower-based WCFs shall not be located in, or within 100 feet of an area in which all utilities are located underground.
[B] 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and accessory equipment, any guy wires, the equipment building, security fence, and applicable screening.
[v] 
Design regulations.
[A] 
Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public ROW shall not exceed 120 feet, as measured vertically from the ground level to the highest point on the tower-based WCF, including antennas and subsequent alterations.
[B] 
Visual appearance and land use compatibility.
{1}
Tower-based WCFs shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by Zoning Hearing Board or utilizing a galvanized finish.
{2}
All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.
{3}
The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
[C] 
Anticlimbing device. If deemed necessary by the Zoning Hearing Board, a tower-based WCF shall be equipped with an anticlimbing device, as approved by the manufacturer.
[D] 
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 75% of the proposed WCF structure's height or the applicable principal building setback, whichever is greater, unless the applicant shows to the satisfaction of Zoning Hearing Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.
[vi] 
Surrounding environs.
[A] 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[B] 
The WCF applicant shall submit a soil report to Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
[vii] 
Fence/screen.
[A] 
A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as accessory equipment, guy wires, or any building housing accessory equipment.
[B] 
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Zoning Hearing Board may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Zoning Hearing Board, they achieve the same degree of screening.
[viii] 
Accessory equipment.
[A] 
Accessory equipment shall not intrude into the minimum setback requirements for the district in which the WCF is located or exceed a maximum height of 12 feet.
[B] 
Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.
[C] 
Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to be concealed from public view to the maximum extent possible and be compatible with the architecture of surrounding buildings, structures or landscape.
[D] 
One single-story wireless communications equipment building, or its equivalent, not exceeding 500 square feet in area may be permitted on the tower-based WCF.
[ix] 
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this Article III and any other zoning provision.
[x] 
FCC license. Each person or entity that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
[xi] 
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
[xii] 
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.
[xiii] 
Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.
[xiv] 
Repair of nonconforming tower-based WCF. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section. The co-location of antennas is permitted on nonconforming structures.
[xv] 
Insurance. Each person that owns or operates a tower-based WCF shall provide the Township Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.
[xvi] 
Timing of approval.
[A] 
Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township Zoning Officer, the Township Zoning Officer shall notify the WCF applicant, in writing, of any information that may be required to complete such application.
[B] 
Within 150 days of receipt of a complete application for a tower-based WCF, Zoning Hearing Board shall make a decision to approve or deny the proposed tower-based WCF and the Township shall issue the required building and zoning permits authorizing construction of the WCF.
[6] 
Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:
[a] 
Location and development standards.
[i] 
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 195-16E(1)(b)[6] and generally applicable permitting as required by the Township Code.
[ii] 
Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.
[iii] 
In applications for small WCF in the public ROW requiring the installation of new wireless support structure shall be required to provide the name of the nearest nonmunicipal property owner for purposes of notification.
[iv] 
Applications for small WCF in the public ROW requiring the installation of a new wireless support structure shall require the applicant to demonstrate that co-location is not technically feasible or is not feasible due to inability to acquire requisite property rights.
[v] 
All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act and all Township Code requirements applicable to streets and sidewalks.
[b] 
Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Township.
[c] 
Small WCF being placed in areas where utilities are required to be placed underground shall be located on decorative poles, as more fully set forth in the Small Wireless Communications Facility Design Manual.[10]
[10]
Editor's Note: Said manual is included as an attachment to this chapter.
[d] 
Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
[e] 
Obstruction. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township.
[f] 
Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner of the tower, or in default of the owner of the tower, the owner of the property upon which the tower is located within 30 days of notification by the Township.
[g] 
Design standards. All small WCF in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Township Department of Community Development.
[h] 
Timing of approval.
[i] 
Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.
[ii] 
Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[iii] 
Within 90 days of receipt of an application for a small WCF requiring the installation of a new or replacement wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.
[i] 
Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[i] 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
[ii] 
The operations of the Township or other governmental entity in the right-of-way;
[iii] 
Vacation of a street or road or the release of a utility easement; or
[iv] 
An emergency as determined by the Township.
[j] 
Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
(c) 
Facilities owned and operated by Warwick Township or the Warwick Township Water and Sewer Authority shall not be subject to the requirements of this subsection.
(d) 
Parking: two off-street parking spaces, or one space per employee, whichever requires the greatest number of spaces.
(2) 
E2 Emergency Services. Fire, ambulance, rescue, and other emergency services. All emergency services shall be operated, recognized or authorized by the Township.
(a) 
Minimum lot area: one acre.
(b) 
At least 5% of the gross site area shall be devoted to civic or recreational use in the form of a park, plaza, memorial garden, sculpture garden, or like amenity.
(c) 
The buffer requirements of § 195-63 of this chapter shall be met.
(d) 
Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of total floor area.
(3) 
E3 Terminal. Bus or taxi station or terminal or public parking lot.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: off-street parking spaces as the Board of Supervisors shall determine adequate to serve customers, patrons, visitors, employees, and vehicles normally parked on the premises.
(4) 
E4 Airport or Heliport. A facility designed for aircraft, including airplanes and helicopters, to take off and land. An airport includes hangers for the storage of aircraft, facilities for refueling and repairing aircraft and various accommodations for passengers.
(a) 
In addition to the airport accessory office, service, industrial, or commercial uses shall be approved by the Township Board of Supervisors as conditional uses. The area, dimensional, coverage, buffering, impervious surface limitations, and parking requirements for the specific use and the Industrial District shall be met.
(b) 
Approval shall be secured from the Pennsylvania Department of Transportation, Bureau of Aviation and the Federal Aviation Administration.
(c) 
A "stopway" of at least 300 feet in length and having a width equal to that of the paved runway shall be provided between each end of the runway and the property line of the airport tract.
(d) 
As a minimum, all buildings, runways, taxiways, parking areas for aircraft, warm-up pads, aprons, lights, communication facilities, tie-down areas, repair facilities, refueling facilities, etc., shall be 75 feet from property lines and street lines, as well as conforming to all other state and federal aviation setback requirements.
(e) 
A steel post and mesh Class "E" wire fence having a height of four feet shall enclose that part of the airport tract which is used by aircraft so that animals and unauthorized persons and vehicles are restrained from entering the aircraft operating area.
(f) 
The owners, lessees and operators of the airport shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:
[1] 
The establishment of flight patterns and ground traffic patterns;
[2] 
The location of warm-up ramps, parking areas, tie-down areas, or hangars;
[3] 
Flight training shall not be scheduled before 7:00 a.m. or after 10:00 p.m.
(g) 
At least 5% of the gross site area shall be devoted to civic or recreational use in the form of a park, plaza, memorial garden, sculpture garden, or like amenity.
(h) 
The buffer requirements of § 195-63 of this chapter shall be met. In addition, warm-up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.
(i) 
No airport shall be established if its flight pattern will conflict with the flight patterns of any existing airport or heliport.
(j) 
The minimum lot size for a heliport shall be 10 acres.
(k) 
The flight patterns for a heliport shall be established to prevent patterns which will take flights over residential areas.
(l) 
Parking: off-street parking spaces for the principal airport or heliport facility as the Board of Supervisors shall determine adequate to serve customers, patrons, visitors, employees, and vehicles normally parked on the premises.
(5) 
E5 Large-Scale Solar Energy Park. A ground-mounted (as opposed to roof-mounted) solar energy system with a capacity of generating 150 kilowatts or more including, but not limited to, photovoltaic and concentrated solar energy systems. For purposes of this chapter, the term “large-scale solar energy system” (also referred to as “system”) shall include the system, accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures, equipment and facilities.
(a) 
The system shall be constructed in conformance with the Pennsylvania Uniform Construction Code as adopted by Warwick Township.[11]
[Amended 3-7-2011 by Ord. No. 2011-1]
[11]
Editor's Note: See Ch. 62, Construction Codes, Uniform.
(b) 
Land development approval shall be required. In addition to the requirements of the Subdivision and Land Development Ordinance,[12] the land development plan shall include an electrical diagram detailing the system, associated components, the approximate generating capacity of the system, and electrical interconnection methods, with all National-Electrical-Code-compliant disconnects and overcurrent devices.
[12]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(c) 
The applicants shall submit a plan for the operation and maintenance of the system, which shall include measures for maintaining safe access to the installation, stormwater control, and general procedures for operations maintenance of the installation.
(d) 
No system shall be constructed until proof is submitted that the utility company that operates the electrical grid where the installation is to be located has been informed of the applicant's intent to install an interconnected customer-owned generator.
(e) 
The applicants shall demonstrate that the system conforms to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, and other similar certifying organizations.
(f) 
Dimensional requirements:
[1] 
Minimum lot size: 10 acres.
[2] 
Front yard setback: the system and all appurtenant equipment and structures shall be located at least 75 feet from the ultimate right-of-way, provided that where the lot abuts a residential use or district, the front yard setback shall not be less than 100 feet.
[3] 
Side yard setbacks: the system and all appurtenant equipment and structures shall be located at least 50 feet from any side property line, provided that where the lot abuts a residential use or district, the side yard setbacks shall not be less than 75 feet.
[4] 
Rear yard setback: the system and all appurtenant equipment and structures shall be located at least 50 feet from the rear property line, provided that where the lot abuts a residential use or district, the rear yard setback shall not be less than 100 feet.
[5] 
The system and all appurtenant equipment and structures, including but not limited to equipment shelters, storage facilities, transformers and substations, shall be shielded, by vegetative cover, from view of adjacent properties and streets. Vegetative cover shall not be of such a height as to block direct sunlight from the solar panels.
[6] 
All components of the system shall be considered impervious, and the impervious surface requirements of the underlying zoning districts shall be met.
(g) 
There shall be no signage on the system other than a sign, no larger than 16 square feet, identifying the manufacturer, owner and providing a twenty-four-hour emergency contact phone number. The system shall not display advertising.
(h) 
A system shall not be artificially lighted, except to the extent required by safety or any applicable federal, state or Township law or regulations.
(i) 
All electrical transmission lines, wiring, and cables shall be installed underground.
(j) 
A system shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property on which the system is located. Warning signs shall be placed on the fence, barrier or system to inform individuals of potential voltage hazards.
(k) 
The owner of the system shall provide a copy of the approved land development plan to the local fire company. Upon request, the owner shall cooperate with the Township and local emergency providers to develop an emergency response plan. All methods of shutting down the system shall be clearly marked.
(l) 
Any system which has reached the end of its useful life or has been abandoned shall be removed. The owner shall physically remove the installation no more than 180 days after discontinuation of operations or abandonment. Decommissioning and removal shall include:
[1] 
Physical removal from the site of all panels, equipment, structures, security barriers and transmission lines.
[2] 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
[3] 
Stabilization and revegetation of the site as is necessary in the determination of the Township to minimize erosion.
[4] 
Prior to issuance of a permit for the construction of the system, the applicant shall post financial security in amount equal to 125% of the estimated cost of removal and compliance with additional requirements set forth in this subsection. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The estimate shall include a mechanism for calculating increased removal costs due to inflation.
F. 
Office uses.
(1) 
F1 Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: four off-street parking spaces per doctor or medical practitioner, plus one additional space for each additional employee. When the building in which the practice is located is not fully occupied, the applicant shall provide one parking space per 150 square feet of total floor area to allow for expansion of the use as the practice grows. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(2) 
F2 Veterinary Office. Office of a veterinarian with accessory animal kennel. In no event shall kennels be allowed as a primary use.
(a) 
No animal shelter, kennels, or runs shall be located closer than 200 feet from any lot line and shall be enclosed if necessary to prevent sound from being audible on adjacent properties.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: four off-street parking spaces for each doctor, plus one space for each employee. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(3) 
F3 Office. Business, professional or governmental office other than Uses F1 and F2.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each 200 square feet of total floor area. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(4) 
F4 Business Park. A business park is a planned development of office and related uses which includes improvements for internal streets, coordinated utilities, landscaping, and buffering.
(a) 
Individual uses may be located in detached and attached structures.
(b) 
Dimensional requirements:
[1] 
Minimum site area: 10 acres.
[2] 
Minimum lot width at street line (site): 250 feet.
[3] 
Minimum lot width at street line (internal): 150 feet.
[4] 
Minimum building spacing: 50 feet.
[5] 
Minimum building setbacks (external) from site boundary:
[a] 
Property lines: 75 feet.
[b] 
Street lines: 75 feet.
[6] 
Minimum building setbacks (internal):
[a] 
Front: 50 feet. [NOTE: The setback shall be measured from the street right-of-way line for roads offered for dedication and from the curbline or edge of cartway for nondedicated streets.]
[b] 
Side: 25 feet.
[c] 
Rear: 50 feet.
[7] 
Minimum parking area setbacks:
[a] 
From building: 20 feet.
[b] 
From street: 15 feet. [NOTE: The setback shall be measured from the street right-of-way line for roads offered for dedication and from the curbline or edge of cartway for nondedicated streets.]
[8] 
Maximum building height: 35 feet.
[9] 
Maximum impervious surface coverage:
[a] 
Site: 55%.
[b] 
Lot: 70%.
(c) 
Permitted uses: F1, F2, F3, G2, G3, G6, G7, G9, G15, G20, G30, H2, and I1, I8. H7 uses such as a blacksmith, upholstery or similar small crafts which do not generate noise or odor shall be permitted in a business park.
(d) 
Accessory outside storage or display of materials, goods, or refuse is not permitted within an office park.
(e) 
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
(f) 
The buffer requirements of § 195-63 of this chapter shall be met utilizing the planting materials specified in the Subdivision and Land Development Ordinance.[13]
[13]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(g) 
All uses within the business park shall take access from an interior lot.
(h) 
All loading facilities shall be located to the rear or side of buildings.
(i) 
Interior streets and driveways shall have street trees as listed in the Subdivision and Land Development Ordinance[14] set on forty-foot centers.
[14]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(j) 
A transportation impact study and water impact study shall be prepared in accordance with specifications provided by the Township's consulting engineers.
(k) 
In areas not served by public water, a water impact study shall be prepared in accordance with the specifications of the Township's consulting engineers.
(l) 
All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act[15] or other ownership arrangement approved by the Board of Supervisors.
[15]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(m) 
The applicant shall submit a plan for the overall design and improvements for the business park including water and sewer facilities in accordance with the Township's Act 537 Plan.
(n) 
The plan for overall design and improvements for the business park shall include a landscaped area along the frontage of the property which includes a monument sign with a brick base and a brick kneewall between two feet six inches and three feet six inches.
(o) 
Open space: 20% of the base site area shall be reserved as common open space. In addition, at least 5% of the gross site area shall be devoted to civic or recreational use in the form of a park, plaza, memorial garden, sculpture garden, or like amenity, which shall be centered in the business park, and, where possible, accessible by trail systems on adjacent properties.
(p) 
The buildings shall be interconnected by a system of walkways to form a cohesive development consistent with the design Subdivision and Land Development Ordinance.[16]
[16]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(q) 
There shall be a fifty-foot-wide buffer along all arterial streets and against residential properties, and a forty-foot-wide buffer along all other streets and other properties. This buffer shall consist of one canopy tree every 30 feet plus one evergreen tree per every 60 feet. In addition to the canopy and evergreen trees, a combination of brick wall approximately two feet six inches and three feet six inches in height, and evergreen hedge, shall surround the site, and shall be planted in, or immediate to the rear of, the buffer area.
(r) 
All architectural drawings shall be submitted to the Board of Supervisors for approval prior to land development approval. In no event shall the architectural design include flat roofs.
(s) 
Parking: one off-street parking space for each 200 square feet of total floor area. Parking areas must be adequately screened when situated within 50 feet of land zoned for or in residential use.
(t) 
Conditional reduction of parking improvements: refer to § 195-80 of this chapter.
G. 
Commercial and consumer service uses.
(1) 
G1 Commercial School. Trade or professional school; art, music, or dancing school. Other schools not included under Use C3.
(a) 
Minimum lot area: two acres, unless developed as part of a shopping center (G27).
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: one off-street parking space per faculty member and employee, plus one space per three students. Parking areas shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(2) 
G2 Day-Care Center. Day nursery, nursery school, kindergarten or other agency giving day-care to more than six children.
[Amended 4-2-2012 by Ord. No. 2012-3]
(a) 
Minimum lot area shall be 60,000 square feet.
(b) 
All day-care uses shall comply with the Pennsylvania Department of Public Welfare registration, certification and licensing requirements, including all Township building codes.
(c) 
For all day-care uses, an outdoor recreation area shall be provided at a minimum of 100 square feet of nonimpervious surfaces for each child. All day-care recreation areas shall be fully enclosed by a four-foot-high fence and shall be located to the side or rear of the lot. Outside play or recreation areas shall be limited to the hours of 8:00 a.m. to 7:00 p.m.
(d) 
The minimum yard, setback and lot width requirements for other permitted uses in the applicable zoning district shall be met.
(e) 
The buffer requirements of § 195-63 of this chapter shall be met.
(f) 
When used in combination with another nonresidential use, a permit is required for each use.
(g) 
An existing residential building may be used and occupied as a single-family residence for the owner or an employee of the owner of the day-care center.
(h) 
Parking: at least one off-street parking space for each teacher, administrator and maintenance employee, plus two additional spaces per classroom and three safe passenger unloading spaces, measuring 10 feet by 20 feet. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(3) 
G3 Retail Store. A shop or store selling commodities and goods to the ultimate consumer. Not included under this use is the over-the-counter sale of alcoholic beverages in a tavern or bar or a store with greater than 15 square feet of floor area devoted to the display of pornographic materials.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each 200 square feet of total floor area, plus one additional space for every two employees.
(4) 
G4 Adult Commercial. Adult Commercial Uses. An adult commercial store, adult entertainment cabaret, adult movie house, and other adult uses as defined below.
(a) 
Adult commercial bookstore: An adult bookstore is an establishment with more than 15 square feet of floor area devoted to the display, selling and/or rental of pornographic materials which are pictures, drawings, photographs, video tapes, or other depictions or printed matter and paraphernalia, which if sold knowingly to a minor under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time.
(b) 
Adult entertainment cabaret: a public or private establishment, which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators, or similar entertainers, or similar establishment to which access is limited to persons 18 years of age or older.
(c) 
Adult video/movie houses: an enclosed building used regularly and routinely for presenting, displaying or exhibiting obscene matter for observation by patrons therein, or similar establishment to which access is limited to persons 18 years of age or older.
(d) 
Other adult uses: any business, activity or use similar to or of the same general nature as the uses listed above.
(e) 
The building or structure of such use shall be located no less than 500 feet from any residential use or district, and no less than 1,000 feet from any public or private school, church, recreation facility or any other religious, institutional or educational use.
(f) 
No such use shall be located within 2,000 feet of a similar use.
(g) 
No materials sold within shall be visible from any window, door or exterior of the building.
(h) 
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.
(i) 
The buffer requirements of § 195-63 of this chapter shall be met.
(j) 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for every two employees.
(5) 
G5 Village-Oriented Shop or Service Business. A shop or store including corner grocery (as distinct from a supermarket), drugstore, stationery store, soda fountain, luncheonette, barbershop, beauty parlor, antique shop, craft store, office, studio, photographer, travel agency, shoe repair, tailor, optician, and clothes dry-cleaning establishment. This use shall not include a store, shop or office in excess of 2,000 square feet of floor area.
(a) 
Lighting on pole fixtures shall not exceed 10 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed 0.5 footcandle at the property line.
(b) 
Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.
(c) 
The buffer requirements of § 195-63 of this chapter shall be met.
(d) 
Parking: one off-street parking space for each 200 square feet of total floor area, plus one additional space for every full-time employee. Parking shall not be located between a building and a street.
(6) 
G6 Adult Day-Care Center. Day-care services or other agency giving day care to two or more adults, not including up to one relative of the property or business owner.
[Added 4-2-2012 by Ord. No. 2012-3]
(a) 
Minimum lot area shall be 40,000 square feet.
(b) 
All day-care uses shall comply with the Pennsylvania Department of Aging registration, certification and licensing requirements, including all Township building codes.
(c) 
No overnight customers and/or guests are permitted. Permitted hours of operation are limited to 5:00 a.m. to 9:00 p.m.
(d) 
Any outdoor recreation areas shall be fully enclosed by a four-foot or higher fence.
(e) 
The minimum yard, setback and lot width requirements for other permitted uses in the applicable zoning district shall be met.
(f) 
The buffer requirements of § 195-63 of this chapter shall be met.
(g) 
The center shall maintain a staff to client ratio of one to seven at all times.
(h) 
An existing residential building may be used and occupied as a single-family residence for the owner or an employee of the owner of the day-care center.
(i) 
Parking: at least one off-street parking space for each employee, plus two additional spaces for each 1,000 square feet of floor area and three accessible safe passenger unloading spaces. Parking shall be adequately screened when situated within 50 feet of land zoned for or in residential use.
(j) 
Any buildings used in conjunction with this use shall be fully accessible.
(k) 
Medications and injections of substances that are not self-administered by clients shall be administered by a qualified medical professional. Nonmedical staff persons who have completed the Department of Public Welfare's (DPW) medication administration course may administer oral, topical, eye and eardrop prescription medications. To administer insulin, a staff person must also complete an approved diabetes patient education program.
(l) 
The center is required to obtain the services of either a registered nurse (RN), licensed in Pennsylvania, or a practical nurse (LPN), licensed in Pennsylvania who is under the direction of a licensed registered nurse or a licensed physician. The nurse may be a full-time or part-time staff member, a consultant, or may serve through some other arrangement that meets the needs of the clients.
(m) 
The maximum licensed capacity shall be no greater than one consumer and/or guest per 50 square feet of indoor space. Indoor floor space shall be measured wall to wall, including space occupied by equipment, temporary storage and furnishings. Space occupied by lavatories, dining areas, loading docks, kitchens, hallways, offices and first aid rooms cannot be included unless it is documented that the space is used for programming for at least 50% of each program day. Permanent storage space may not be included in the indoor floor space.
(7) 
G7 Financial Establishment. Bank, savings and loan association, credit union, and other financial establishment.
(a) 
Each drive-up service window, including remote cash machines, shall have a waiting area for at least four vehicles; however, when only a single drive-up service window or remote cash machine is provided, a waiting area for at least six vehicles shall be provided. The waiting line area shall be separated from other circulation lanes.
(b) 
A ten-foot minimum clearance width shall be provided between drive-up service windows or remote cash machines.
(c) 
The buffer requirements of § 195-63 of this chapter shall be met.
(d) 
Parking: one off-street parking space for each 200 square feet of total floor area.
(8) 
G8 Funeral Home or Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Crematories may only be permitted in the LI District and shall be a conditional use meeting all the requirements of this chapter.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of total floor area, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
(9) 
G9 Eating Place. Eating place for the sale and consumption of food and beverages without drive-in service. The sale of alcoholic beverages must be incidental to the sale and consumption of food and shall be subject to all licensing requirements of the state.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each 50 square feet of total floor area, or one off-street parking space for every two seats, whichever requires the greater number of spaces, plus one additional space for each full-time employee on the largest shift.
(10) 
G10 Drive-Ins and Other Eating Places. Eating place for the sale and consumption of food and nonalcoholic beverages other than Use G9 Eating Place.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
There shall be a vehicle waiting lane area for at least six vehicles. The waiting lane shall be separated from other circulation lanes.
(c) 
A ten-foot minimum clearance width shall be provided between drive-up service windows.
(d) 
Parking: one off-street parking space for every two seats, or one off-street parking space for every 25 square feet of total floor area, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee on the largest shift.
(11) 
G11 Tavern. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed. This use does not include adult commercial uses.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each full-time employee.
(12) 
G12 Repair Shop. Repair shop for items, including but not limited to appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including automobiles, motorcycles, trucks, trailers, and other heavy equipment.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
The minimum lot area for lawn mower repair shall be 1.5 acres.
(c) 
Parking: one off-street parking space for each 300 square feet of total floor area, plus one additional space for each employee.
(13) 
G13 (Reserved)
(14) 
G14 Theater. A building in which films are shown or stage shows are performed regardless of the type of film or program presented. This use does not include open air, outdoor or drive-in theaters. This use does not include adult commercial uses.
(a) 
The display of any pornographic material which would violate the criminal laws of the Commonwealth of Pennsylvania in effect shall be prohibited.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: one off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 40 square feet of total floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(15) 
G15 Indoor Athletic Club. An indoor athletic club shall include buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball; aquatic facilities, facilities for exercise equipment and health clubs and facilities related thereto; skateboarding or cycling facilities; ice skating and/or ice hockey rinks.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each five persons of total capacity, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for services to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
(16) 
G16 Amusement halls and arcade. An entertainment facility operated as a gainful business within a building or structure providing automatic amusement devices or games, pool or billiard rooms, bowling alley, indoor miniature golf or similar facilities. This use does not include adult commercial uses.
(a) 
An automatic amusement device or game is defined to be each coin-operated machine, mechanical or electronic machine which operates or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be governed by this use in any location where more than four such devices are located.
(b) 
This use shall be located no closer than 1,500 feet, measured in all directions, to a school or church.
(c) 
Such use shall only be operated between the hours of 10:00 a.m. and 10:00 p.m.
(d) 
No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.
(e) 
The buffer requirements of § 195-63 of this chapter shall be met.
(f) 
Parking: one off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each employee.
(17) 
G17 Outdoor Entertainment. Outdoor entertainment other than Use D1. This use shall not include any activity which involves the outdoor discharge of firearms.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity.
(18) 
(Reserved)
(19) 
G19 Motel-Hotel. Motel, hotel; a building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Motels and hotels may include accessory restaurant facilities, conference facilities, meeting rooms and tavern facilities. In addition to the parking requirements of Subsection G(19)(d) below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(c) 
There shall be a fifty-foot-wide buffer through all arterial streets and against residential properties and a forty-foot-wide buffer along all other streets and other properties. This buffer shall consist of one canopy tree every 30 feet plus one evergreen tree per every 60 feet. In addition to the canopy and evergreen trees, a combination of brick wall between two feet six inches and three feet six inches in height, and evergreen hedge shall surround the site and shall be planted in, or immediate to the rear of, the buffer area.
(d) 
Parking: 1 1/4 off-street parking spaces for each rental room or suite, plus one additional off-street parking space for each full-time employee. If accessory/associated uses such as a restaurant are located on the motel/hotel grounds, parking for those facilities shall be provided in accordance with the provisions of this chapter.
(20) 
G20 Billboard. A sign which directs attention to an activity not conducted on the same lot. Billboards may also be referred to as off-premises advertising signs.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a) 
Location. Billboards shall be located only along York Road (State Route 263) between School Road and Sugar Bottom Road.
(b) 
Right-of-way. No off-premises advertising sign or any part thereof shall be erected or maintained closer than 50 feet from the future right-of-way of a public street. No off-premises advertising sign or any part thereof shall be erected or maintained farther away than 150 feet from the future right-of-way of State Route 263.
(c) 
Billboards shall not be located upon or within any protected natural resource.
(d) 
Billboards shall be constructed on a monument base of stone or brick and landscape plantings shall be installed in and around the monument base. No billboard shall be erected on a monopole.
(e) 
The following buffer plants shall be planted adjacent to all billboards. The size and species of these plants shall comply with the requirements listed in § 195-63 of this chapter.
[1] 
Five evergreens within a forty-foot radius along the sides and rear of the sign;
[2] 
Four flowering trees within a fifty-foot radius along the sides of the sign; and
[3] 
One shrub in front of the sign for every three lineal feet of sign frontage.
(f) 
Minimum lot area: 10,000 square feet.
(g) 
Minimum lot width at building setback line: 90 feet.
(h) 
Front and rear yard setback: 75 feet.
(i) 
Side yard setbacks: 50 feet.
(j) 
No billboard shall be located within 50 feet of any driveway or private lane.
(k) 
Height. The lesser of 20 feet from the nearest shoulder of the road to the highest point on the sign, or 25 feet from the undisturbed surface of the ground underneath the sign to the highest point on the sign.
(l) 
Separation requirement. No billboard may be erected or maintained within 500 feet of any other such sign or freestanding sign or residential dwelling.
(m) 
Area of billboard. No billboard shall exceed a maximum area of 150 square feet including border, but excluding supports and decorative trim which is not part of the copy content of the display.
(n) 
Billboards shall be nonilluminated, freestanding signs. Only one billboard may be erected on a property. No electronic, video graphic, or signs with changing or scrolling text, pictures, or graphics shall be permitted.
(o) 
All billboards shall be maintained in good condition. The structural components of the sign shall be maintained to ensure their integrity and to prevent the possible collapse of the sign. Any damage to the structural components shall be repaired within 24 hours. The face of the sign shall be blank or shall show the full advertisement. Signs having ripped, defaced, or partial advertisements shall be immediately repaired by having the advertisement restored to its original condition, removed, or covered.
(21) 
G21 Convenience Store. The retail sale of grocery items and take-out food. Not included under this use is the over-the-counter sale of alcoholic beverages in a tavern or bar or a store with greater than 15 square feet of floor area devoted to the display of pornographic materials. The convenience store use shall be subject to the following conditions:
(a) 
There shall be no table service or drive-through service.
(b) 
An accessory fueling station of no more than six double-sided pumps may be added to buildings over 5,000 square feet. At least one electric vehicle charging station shall also be provided when an accessory fueling station is proposed. The electric charging station shall not be included in the required parking count. An accessory fueling station shall be permitted only in the VC 2 District.
[Amended 10-18-2021 by Ord. No. 2021-02]
(c) 
The canopy over the stations which dispense fuel shall be limited as follows:
[1] 
The height of the canopy shall not exceed 22 feet from grade to the highest point of the roof.
[2] 
The roof of the canopy shall be pitched and shall not be flat.
[3] 
The canopy shall extend beyond the fuel pumps only as far as the Township deems necessary to protect from the elements customers fueling their vehicles.
[4] 
The color, construction materials, and architectural design of the canopy and its support poles shall be consistent with the color, construction materials and architectural design of the convenience store building.
[5] 
The lighting in and on the canopy shall be recessed and shall be pointed downward to avoid glare leaving the canopy area.
[6] 
Any writing, coloring or design of or on the canopy which constitutes a sign as defined by Article XXII of this chapter shall be included in the calculations of the maximum signage allowed by this chapter.
(d) 
There shall be no automotive service or sales of automotive parts.
(e) 
The maximum building size shall be 6,500 square feet.
(f) 
There shall be fifty-foot-wide buffers through arterial streets and against residential properties, and a forty-foot-wide buffer along all other streets and other properties. The buffer shall consist of a minimum of one canopy tree every 30 feet, one evergreen shrub every 15 feet, and one shrub or hedge planting every eight feet.
(g) 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for every two employees. Areas for fueling will not count as parking spaces.
(h) 
Rows of parking spaces shall not be contiguous, but rather separated by a curbed, landscaped island no less than four feet in width. Ends of the parking rows shall be treated with landscaped islands with a minimum width of 10 feet. Pavement may be included in the landscape islands only if the pavement forms part of a walkway system serving the entire site.
(i) 
Off-street loading zone shall be required as determined necessary by the Township.
(22) 
G22 Service Station and/or Car-Washing Facility. The retail sale of vehicular fuels and/or a car-washing facility; and including as accessory uses the sale and installation of lubricants, tires, batteries and similar accessories and/or the sale of groceries and similar convenience-type products.
(a) 
A minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.
(b) 
The sale of convenience-type products shall be limited to a maximum floor area of 2,000 square feet.
(c) 
Access to roads shall be at least 200 feet from the intersection of any streets.
(d) 
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(e) 
Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.
(f) 
All automobile parts and similar articles shall be stored within a building.
(g) 
All refuse shall be stored within a building or exterior enclosed area.
(h) 
Paint spraying or body and fender work shall not be permitted.
(i) 
Lubrication, oil changes, tire changes, and minor repairs permitted if entirely within a building.
(j) 
Vehicles shall not be stored outdoors while awaiting repairs for more than five days, and no more than five vehicles may be stored on the property at any one time.
(k) 
Junk vehicles may not be stored in the open at any time.
(l) 
Approval shall be secured from the Pennsylvania State Police Fire Marshal and the Warwick Township Fire Marshal for the underground storage of fuel. The state and Township fire marshals shall be contacted if fuel tanks are temporarily or permanently abandoned. All uses shall comply with the Pennsylvania State Police Flammable Liquid Regulations.
(m) 
The buffer requirements of § 195-63 of this chapter shall be met.
(n) 
A stacking lane shall be provided for 15 waiting vehicles for each drive-through automatic car-wash facility. The stacking lane shall not encroach on the required parking facilities, future road right-of-way, or the points of ingress and egress to the site.
(o) 
Parking: one off-street parking space for every 200 square feet of total floor area or two off-street parking spaces for each service bay, whichever is larger, plus one space for each employee. Off-street parking spaces shall not be part of, nor interfere with, the accessways to the pumps.
(p) 
At least one electric vehicle charging station shall be provided where there is sale of vehicular fuel. The electric charging station shall not be included in the required parking count.
[Added 10-18-2021 by Ord. No. 2021-02]
(23) 
G23 Vehicular Sales. Sale and rental of motor vehicles including automobiles by a duly franchised new car dealership, used car sales, trucks, trailers, cycles, boats and recreation vehicles including repair work conducted as an accessory use.
(a) 
Minimum lot area: five acres.
(b) 
In addition to compliance with the buffer requirements of § 195-63 of this chapter, the applicant shall installed a six-foot berm, with trees and shrubs as directed by the Township, around the perimeter of the property in any location that is adjacent to a residential use or zoning district.
(c) 
All motor vehicle parts, refuse, and similar articles shall be stored within a building or enclosed area.
(d) 
All lighting shall comply with the lighting regulations of this chapter, including the requirement that all light sources must be shielded and directed downward. No individual light fixture shall be more than 20 feet high.
(e) 
Deliveries shall be made during hours when the business is open. Vehicles must be off-loaded outside the right-of-way of public roads and streets.
(f) 
Vehicles awaiting repair may not be stored outdoors more than 10 days.
(g) 
Painting and/or body work shall not be permitted in conjunction with this use.
(h) 
Parking: one off-street parking space for each 100 square feet of total floor area and one off-street parking space for each 5,000 square feet of total outside vehicle display area, plus one additional space for each employee. This required parking shall not be used for the display of automobiles offered for sale or lease.
(24) 
G24 Vehicular Repair. Motor vehicle repair garage, including paint spraying and body and fender work, provided that all repair and paint work is performed within an enclosed building.
(a) 
All motor vehicle parts, refuse and similar articles shall be stored within a building or enclosed area.
(b) 
Vehicles awaiting repair and junk vehicles may not be stored outdoors more than 10 days and no more than 10 vehicles shall be stored on the property at any one time.
(c) 
Vehicles stored on the property waiting for repair shall be located in an area which is not visible from the street or adjacent properties.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for each employee.
(25) 
G25 Vehicular Accessories. Sale of automotive accessories, parts, tires, batteries, and other supplies. Installation and storage of parts shall be in an enclosed structure.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for each employee.
(26) 
G26 Heavy Equipment and Farm Equipment Sales and Repair. Heavy equipment and farm equipment repair and sales.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
All motor vehicle parts, refuse and similar articles shall be stored within a building or enclosed area.
(c) 
Vehicles awaiting repair and junk vehicles may not be stored outdoors more than 10 days and no more than 10 vehicles shall be stored on the property at any one time.
(d) 
Parking: one off-street parking space for each 100 square feet of total floor area, plus one additional space for 5,000 square feet of outdoor display area, plus one additional space for each employee.
(27) 
G27 Shopping Center. A shopping center which is planned and designed as a complex of related structures and circulation patterns.
(a) 
Minimum site area: 12 1/2 acres.
(b) 
In a shopping center, the following uses shall be permitted:
[1] 
Retail shops and stores selling apparel, books, confection, drugs, dry goods, flowers, food stuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationary, tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, greenhouses, and fabrics, provided all products produced on the premises are sold on the premises at retail. Also included within this use shall be the sale of soft drinks and beer. However, not included within this use is a bar, tavern or taproom, the principal business of which is the sale of alcoholic beverages. Also excluded are all slot machines, gaming devices and coin-operated amusement devices.
[2] 
Service business including barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency.
[3] 
Financial establishment: bank, savings and loan association, credit union and other financial establishment. Drive-in facilities shall be permitted provided there is a vehicle waiting lane area for at least six vehicles. The waiting lane shall be separated from other circulation lanes.
[4] 
Restaurant or eating place for the sale and consumption of food and beverages. The sale of alcoholic beverages must be incidental to the sale and consumption of food (Use G9 or G10).
[5] 
Automotive accessories: sale of automotive accessories, parts, tires, batteries, and other supplies. Installation of parts shall be in an enclosed structure in conjunction with a major department store and may be a separate structure.
[6] 
Entertainment: indoor movie theater (G14).
[7] 
Medical office: office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
[8] 
Office: business, professional, governmental or municipal services.
[9] 
Any use of the same general character as any of the above-permitted uses, when authorized as a special exception by the Zoning Hearing Board, provided that such use shall be permitted subject to such reasonable restrictions as the Board may determine.
(c) 
Buffer yard areas shall be provided and planted along all street frontages and around the perimeter of the shopping center development that adjoins adjacent properties. Along street frontages and adjoining properties in nonresidential zoning districts, a minimum buffer of 30 feet shall be required, and along property lines of adjoining properties in residential zoning districts, a fifty-foot buffer is required. A planting area at least 15 feet wide shall be provided on either side of all entrances to the mall separating the entrance drives from the parking area.
(d) 
Open space. A minimum of 20% of the base site area shall be reserved as common open space. In addition, at least 5% of the gross site area shall be devoted to civic or recreational use in the form of a park, plaza, memorial garden, sculpture garden, or like amenity which shall be located in a center area of the shopping center.
(e) 
There shall be a fifty-foot-wide buffer along all arterial streets and against residential properties, and a forty-foot-wide buffer along all other streets and other properties. This buffer shall consist of one canopy tree every 30 feet plus one evergreen tree per every 60 feet. In addition to the canopy and evergreen trees, a combination of brick wall between two feet six inches and three feet six inches in height, and evergreen hedge shall surround the site, and shall be planted in, or immediately to the rear of, the buffer area.
(f) 
Outdoor storage and displays shall conform to the provisions of § 195-63 and Use I2.
(g) 
The distance at the closest point, between any two buildings or groups of units of attached buildings, shall not be less than 20 feet.
(h) 
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.
(i) 
Parking: 4 1/2 off-street parking spaces shall be provided and maintained for each 1,000 square feet, or a portion thereof, of gross leasable area. An additional 10% of the total number of required spaces shall be held in reserve. An area depicting these spaces shall be identified on the record plan and held as open space until such time as needed. The design of site improvements shall include this area, including, but not limited to stormwater management, impervious surface coverage, etc. "Gross leasable area" is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.
(j) 
Conditional reduction of parking improvements: refer to § 195-80 of this chapter.
(k) 
Water and sewer service shall be provided pursuant to the Township's Act 537 Plan.
(28) 
G28 Miniwarehouse. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties.
(a) 
Minimum aisle width between buildings shall be 26 feet.
(b) 
The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township.
(c) 
Outdoor storage of automobiles, boats, and recreation vehicles is permitted if they are within the fenced area. A maximum of two square feet of outdoor storage area shall be permitted for every one square foot of indoor storage area. The parked vehicles shall not interfere with traffic movement through the complex and shall meet the minimum setbacks.
(d) 
Buffers shall be provided in accordance with § 195-63 of this chapter. In addition, any parked vehicles which are stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(e) 
One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker.
(f) 
Approval shall be obtained from the Township Police Chief and Fire Marshal regarding security and fire protection.
(g) 
Each structure shall not exceed 6,000 square feet in size.
(h) 
The maximum height of the storage units shall be 15 feet.
(i) 
Minimum requirements for lease restrictions:
[1] 
No business activities other than leasing of storage units shall be permitted; and
[2] 
No explosive, toxic, radioactive, or highly flammable materials shall be stored on the property.
(j) 
A zoning permit shall be obtained on an annual basis.
(k) 
Parking: one space for each five storage units or, if the size and number of units is flexible, one space for each 2,000 square feet of total floor area and outside storage area. These parking spaces shall be distributed equally throughout the storage area. If a manager's living quarters are included, two additional spaces are required. One additional space for each 25 storage compartments or, if the size and number of units is flexible, one space for each 10,000 square feet of total floor area to be located at the project office for use by prospective clients.
(29) 
G29 Dwelling in Combination. An accessory dwelling unit that is clearly subordinate to an institutional, commercial, consumer service or office use.
(a) 
Where permitted, a dwelling in combination may be used as an accessory use with an institutional, commercial, consumer, service or office use that is permitted within the applicable district. Where permitted, a dwelling in combination may be used as an accessory use with a nonconforming institutional, commercial, consumer service or office use under the requirements of Article XXI.
(b) 
The buffer requirements of § 195-63 shall be met.
(c) 
In addition to the requirements for the principal use, the minimum floor area, minimum lot area and minimum off-street parking requirements for the B8 use shall be met for any accessory dwelling unit.
(d) 
The maximum density in all districts shall be 2.0 dwelling units per acre.
(30) 
G30 Nonresidential Conversion. The conversion of an existing structure to a permitted nonresidential use shall be permitted where the character of the existing structure is maintained and where all parking and other requirements for the particular use are met.
(a) 
A new zoning permit is required each time a structure is converted to a different nonresidential use.
(31) 
G31 Drug Store with Drive-Through Service. A retail drug store, with drive-through service, selling prescription drugs, over-the-counter drugs, cosmetics and accessory miscellaneous consumer goods, but selling no prepared food. This use shall be subject to the following conditions:
(a) 
There shall be no more than one drive-up lane at each store.
(b) 
The drive-through lane shall have a vehicle waiting/stacking lane for at least six vehicles. The waiting lane shall be separated from other circulation lanes.
(c) 
The requirements of § 195-16G(3), including parking, shall apply to this use.
(d) 
There shall be a fifty-foot-wide buffer through arterial streets and against residential properties and a forty-foot-wide buffer along all other streets and other properties. The buffer shall consist of a minimum of one canopy tree every 30 feet, one evergreen shrub every 15 feet and one shrub or hedge planting every eight feet. The buffering requirements of this subsection may be waived in whole or in part when, in the sole discretion of the Board of Supervisors, the nonresidential use of adjacent property or properties does not warrant the imposition of the buffer requirements as stated above.
(32) 
G32 Garden Center. A retail establishment which sells plants, trees and shrubs, or a combination thereof, together with gardening accessories and supplies.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met using the planting materials specified in the Subdivision and Land Development Ordinance.[17]
[17]
Editor's Note: See Ch. 163, Subdivision and Land Development.
(b) 
Parking: one off-street parking space for each 200 square feet of total floor area, plus one additional space for 5,000 square feet of outdoor display area, plus one additional space for each employee.
(33) 
G33 Consumer Fireworks Facility. Facility permitting the sale of consumer fireworks in accordance with the following provisions:
[Added 10-18-2021 by Ord. No. 2021-02]
(a) 
Permanent facility.
[1] 
Shall be permitted within the Limited Industrial (LI) zoning district.
[2] 
Facility shall be a stand-alone building, no larger than 4,000 square feet.
[3] 
Storage area shall be separated from wholesale and/or retail sales areas by appropriately rated fire separation.
[4] 
Facility is located no closer than 250 feet to any facility selling or dispensing gasoline, propane or other such flammable product. This distance shall be measured by the shortest line from the exterior of the facility building to any gasoline, propane or flammable product storage tank or dispensing device at a facility that sells or dispenses gasoline, propane or other such flammable products.
[5] 
Facility is located at least 1,500 feet from any other G33 facility. This distance shall be measured by the shortest line from the exterior of the existing facility building to the closest exterior point of the proposed facility.
[6] 
No display fireworks shall be stored or located at the facility.
[7] 
There shall be security personnel on the premises 24 hours per day for the seven days preceding and including July 4 and for the three days preceding and including January 2.
[8] 
All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the appropriate Code Enforcement Officer for compliance with the Pennsylvania Construction Code Act and all required fire safety codes, including, but not limited to, the International Fire Code, and such comments and/or report shall be copied to the appropriate fire company.
[9] 
Sale of fireworks shall be subject to compliance with all provisions of Pennsylvania Act 43 of 2017 pertaining to the sale thereof. Hours of operation shall be confined from 9:00 a.m. to 10:00 p.m. The facility shall have a monitored burglar and fire alarm system.
[10] 
All sales of consumer fireworks shall be conducted only within a facility approved by the Pennsylvania Department of Agriculture pursuant to the Pennsylvania Fireworks Law.
[11] 
All sales of consumer fireworks as defined herein shall be conducted only from a facility exclusively dedicated to the storage and sale of fireworks.
[12] 
No smoking shall be permitted in the facility. No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken in to the facility.
[13] 
No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.
[14] 
No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.
[15] 
Quarterly fire drills and preplanning meetings shall be conducted as required by the applicable fire company.
[16] 
The owner shall provide its employees with documented training in the area of operational safety of the facility. Written documentation that each employee has received this training shall be provided to the Department of Agriculture.
[17] 
Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.
[18] 
Each facility shall carry at least $2,000,000 in public and product liability insurance and provide a copy of the certificate of insurance to the applicable Township.
[19] 
Parking. No less than one parking space for every 200 square feet of gross floor area, plus one space for every two employees. All parking shall be screened in accordance with Attachment 2, Table 1, Buffer Yard Classification.
(b) 
Temporary structure.
[1] 
The following definitions shall apply to this section:
OUTDOOR STORAGE UNIT
A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.
TEMPORARY STRUCTURE
A structure other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items; the term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks.
[2] 
Shall be permitted within the Limited Industrial (LI) zoning district.
[3] 
The temporary structure is located no closer than 250 feet to a facility storing, selling or dispensing gasoline, propane or other flammable product. This distance shall be measured by the shortest line from the exterior of the temporary structure to any gasoline, propane or flammable product storage tank or dispensing facility that sells or dispenses gasoline, propane or other flammable products.
[4] 
An evacuation plan is posted in a conspicuous location for a temporary structure in accordance with NFPA 1124.
[5] 
The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.
[6] 
The temporary structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary structures.
[7] 
The temporary structure is located one of the following distances from a permanent facility licensed to sell consumer fireworks under the Fireworks Law, at the time of the effective date of this ordinance:[18]
[a] 
Prior to January 1, 2023, at least five miles.
[b] 
Beginning January 1, 2023, at least two miles.
[18]
Editor's Note: "This ordinance" refers to Ord. No. 2021-02, adopted 10-18-2021, and which provided that it would be effective five days after enactment.
[8] 
The temporary structure does not exceed 2,500 square feet.
[9] 
The temporary structure is secured at all times during which consumer fireworks are displayed within the structure.
[10] 
The temporary structure has a minimum of $2,000,000 in public and product liability.
[11] 
The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.
[12] 
Consumer fireworks not on display for retail sale are stored in an outdoor storage unit.
[13] 
Limitations. The sale of consumer fireworks from the temporary structure is limited to the following:
[a] 
Helicopter, aerial spinner (APA 87-1, 3.1.2.3).
[b] 
Roman candle (APA 87-1, 3.1.2.3).
[c] 
Mine and shell devices not exceeding 500 grams.
[14] 
Storage of consumer fireworks shall be permitted only as an accessory use to the sale of consumer fireworks.
(c) 
Use of fireworks.
[1] 
Use of consumer fireworks.
[a] 
Conditions. A person who is at least 18 years of age and meets the requirements of this section may purchase, possess and use consumer fireworks.
[b] 
Prohibitions. A person may not intentionally ignite or discharge:
[i] 
Consumer fireworks on public or private property without the express permission of the owner.
[ii] 
Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices from, a motor vehicle or building.
[iii] 
Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person.
[iv] 
Consumer fireworks or sparkling devices while the person in under the influence of alcohol, a controlled substance or another drug.
[v] 
Consumer fireworks within 150 feet of an occupied structure. For purposes of this section, "occupied structure" shall mean a structure, vehicle or place adapted for overnight accommodation of persons or for conducting business whether or not a person is actually present.
[2] 
Use of display fireworks. No display fireworks shall be ignited within 300 feet of a permanent facility or temporary structure that sells fireworks.
H. 
Industrial uses.
(1) 
H1 Manufacturing. Manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs, and products.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for 300 square feet of floor area, plus one space for each company vehicle normally stored on the premises.
(2) 
H2 Research. Research, testing or experimental laboratory.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for every 250 square feet of total floor area, plus one space for each company vehicle normally stored on the premises.
(3) 
H3 Wholesale Business, Wholesale Storage, Warehousing. Wholesale business, wholesale storage, or warehousing with no sales to the public.
(a) 
No explosive, toxic, radioactive, or highly flammable materials shall be stored on the premises.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: one off-street parking space for every 500 square feet of total floor area, plus one space for each company vehicle normally stored on the premises.
(4) 
H4 Printing. Printing, publishing, binding.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for every 500 square feet of total floor area, plus one space for each company vehicle normally stored on the premises.
(5) 
H5 Contracting. Contractor offices and shops such as building, cement, electrical, heating, masonry, painting, plumbing, carpentry, and roofing.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
All materials and vehicles shall be stored within a building or an enclosed area visually screened from adjacent properties and streets by a solid vegetation barrier or solid fence.
(c) 
Parking: one off-street parking space for each employee on the largest shift, or one off-street parking space for every 500 square feet of total floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
(6) 
H6 Truck Terminal. A use of land or structures for the temporary storage of trucks and/or the transfer of freight from one truck to another.
(a) 
Short-term warehousing may be permitted under this use.
(b) 
The truck terminal shall be licensed by the Public Utilities Commission.
(c) 
Trucks with compressors or other trucks which run more than six hours a day shall be located within a quadrangle of buildings or walls.
(d) 
The buffer requirements of § 195-63 of this chapter shall be met.
(e) 
Each truck terminal shall have an office and comfort facilities on the property.
(f) 
Parking: In addition to areas devoted to the parking of trucks as part of the intrinsic use, there shall one off-street parking space for each employee or one space for every 500 square feet of total floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.
(7) 
H7 Crafts. Upholstery, cabinetmaking, furniture making, locksmith, gunsmith, and similar crafts.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for every 300 square feet of total floor area, plus one space for each company vehicle normally stored on the premises.
(8) 
H8 Lumber Yard. Lumber yard where lumber products are sold and/or processed. This principal use may be combined with a planing mill.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each employee on the largest shift at maximum employment, but in no case less than one off-street parking space for every 250 square feet of total office and customer service area.
(9) 
H9 Mill. Mill where grain and similar products are processed.
(a) 
The buffer requirements of § 195-63 of this chapter shall be met.
(b) 
Parking: one off-street parking space for each employee on the largest shift, plus one space for every 250 square feet of total floor area used for servicing customers.
(10) 
H10 Fuel Storage and Distribution. Storage and distribution of fuel oil or coal.
(a) 
Approval shall be secured from the Pennsylvania State Police Fire Marshal and the Warwick Township Fire Marshal for the underground storage of fuel.
(b) 
The buffer requirements of § 195-63 of this chapter shall be met.
(c) 
Parking: off-street spaces as the Zoning Hearing Board shall determine adequate to serve customers, employees, visitors, and vehicles normally parked on the premises, but in no case less than one off-street parking space for each employee.
(11) 
H11 Auto Salvage Recycling Center. An area of land, with or without buildings, used for the storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles.
(a) 
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the auto salvage recycling center by wind, water, or other natural causes.
(b) 
The boundaries of any auto salvage recycling center shall at all times be clearly delineated.
(c) 
The land area used for auto salvage recycling center purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
(d) 
Such auto salvage recycling center shall be entirely enclosed by a solid fence or wall, at least eight feet, but no more than 10 feet, high, constructed of plank boards, brick, cinder, block, or concrete, with access only through solid gates. The fence or wall shall be situated no closer to any street or property line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.
(e) 
The contents of such an auto salvage recycling center shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(f) 
Between the fence or wall and the street or property line, buffer plantings shall be placed that are either:
[1] 
One deciduous tree (two-and-one-half-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (six-foot minimum height) at an average of one tree per 20 lineal feet of buffer; or
[2] 
One deciduous tree (two-and-one-half-inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one deciduous shrub (three-foot minimum height) per four lineal feet of buffer. Shrubs shall be privet, forsythia, or viburnum species.
(g) 
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosing in containers, raising of materials above the ground, separating of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
(h) 
No explosive, toxic, radioactive, or highly flammable materials shall be kept on the property.
(i) 
No burning shall be carried on in any auto salvage recycling center. Fire shall be prevented and hazards avoided by organization and segregating of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles (at least 15 feet) for escape and fire fighting and by other necessary measures.
(j) 
All vehicles must be drained of all liquids before they are placed in the auto salvage recycling center. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing round the pad must be able to retain runoff from a one-hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Protection's rules and regulations.
(k) 
A zoning permit shall be obtained on an annual basis.
(l) 
Parking: one off-street parking space for each employee on the largest shift, plus three spaces for customer parking.
(12) 
H12 Extractive Operations.
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ASPHALT PLANT
An operation or plant which has as its primary function the mixing of rock materials with asphalt oils or other binders for road-building and construction purposes.
OWNER OR OPERATOR OF A QUARRY/EXTRACTION USE, READY-MIX CONCRETE PLANT OR ASPHALT PLANT
The applicant therefor and its agents when acting under this subsection, notwithstanding any definition to the contrary in any other law or regulation.
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
Also the successor thereto.
QUARRY/EXTRACTION OPERATION
An excavation or other place from which an aggregate or mass of mineral matter, whether or not coherent, is extracted by surface mining, including but not limited to the extraction of stone, including limestone and dolomite, gravel and sand, rock and stone, earth, clay and topsoil, fill, slag, iron ore, zinc ore, vermiculite, shale, slate, or other minerals or natural resources, by cutting, digging, blasting or other means, including but not limited to those related operations of crushing, sorting, sizing, stockpiling, or spoilpiling of such extracted materials, and including overburden, settlement basins, borrow pits, equipment maintenance, and parking areas. Minor excavation, such as removal of topsoil for construction of buildings or other structures or construction operations and blasting for removal of rock in construction operations not qualifying as a quarry/extraction operation, is hereby excluded.
READY-MIX CONCRETE PLANT
An operation or plant which has as its primary function the mixing of materials to make concrete. Excluded from the regulations of this subsection is the mixing of concrete on a construction site on a temporary basis or until construction on the site is completed.
(b) 
All other definitions in this chapter, and any other Township ordinances, the provisions of this subsection shall control.
(c) 
The Township shall have the authority, by adoption of a resolution, to establish a schedule of fees to be applied to all of the applications, inspections and permits for the uses governed by this subsection, including applications for conditional use, land development, and subdivision approval for the uses governed by this subsection and for the insurance requirements required by the owner or operator of such uses.
(d) 
An applicant for conditional use and subdivision/land development approval of any of the uses governed by this subsection shall demonstrate to the satisfaction of the Township that all of the provisions of this subsection have been or will be satisfied, and all the provisions of this subsection are hereby established as specific requirements for conditional use approval and for land development and subdivision approval.
(e) 
The following regulations shall govern the quarry/extraction, ready-mix concrete plant and asphalt plant uses in Warwick Township, and they shall apply to all three uses, except where the context of a regulation would apply only to a particular use or it is otherwise specified that the regulation applies to a particular use:
[1] 
Soil berm.
[a] 
For a quarry/extraction operation, there shall be a soil berm of a minimum height of 35 feet and a maximum height of 40 feet, measured from the natural ground elevation of the land prior to any development, surrounding the entire property site, except for those areas required for ingress and egress to the quarry/extraction property designated on the final land development plan approved by the Township. The slope of the sides of the berm shall not exceed in steepness a three-to-one ratio (horizontal to vertical); however, a lesser ratio and steeper slope of the berm may be utilized, with proper stabilization, if, in the opinion of the Township, such lesser ratio and steeper slope of the berm are justified by geologic conditions on the site or surrounding property, good engineering or design practice or taking into consideration the beneficial resultant qualities of visibility barrier to be achieved. Berms shall be spread with topsoil and planted with grass and other suitable vegetation. Erosion control measures shall be provided in accordance with the standards approved by the United States Natural Resources Conservation Service. As a condition for subdivision and land development approval, the foregoing requirements for a soil berm may be modified or waived by the Township for that portion of the site which has natural geologic conditions and resources which would serve the same objectives as the soil berm and which, in good ecological judgment, should not be disturbed by the berm construction. By way of example and not limitation, a steep, wooded bank might serve the purposes of this subsection in lieu of the soil berm.
[b] 
The soil berm location on the site shall provide the maximum visibility barrier to the use from locations outside the property, and it is to be located between the buffer yard and the use. However, the Township may require the soil berm to be located within the buffer yard if the geologic or natural conditions and features of and on the site would support that relocation or the same might enhance the required visibility barrier.
[c] 
No soil berm is required specifically for ready-mix concrete plant or asphalt plant uses, since these uses are permitted only within the boundary of a quarry which requires a soil berm.
[d] 
No quarry/extraction operations may be performed within or under the surface of the soil berm.
[2] 
Buffer yard.
[a] 
A minimum two-hundred-foot-wide buffer yard shall be provided and maintained along the entire outside boundary line of a quarry/extraction property, and the buffer yard shall be planted in accordance with the provisions of this chapter. All plant material shall consist of a dense screen of trees, shrubs or other vegetation along the entire length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise and shall be in accordance with the standards of the this chapter. Areas of ingress and egress shall be located and sufficiently screened by planted vegetation to form a suitable visibility barrier between the extraction operation and the adjoining roads and properties. The buffer yard shall be kept free of debris and refuse at all times and shall be maintained in a neat, tidy, and safe condition. Grass and weeds shall be cut or trimmed regularly and as needed to maintain a neat and clean appearance. No quarry/extraction operations may be performed within or under the surface of the buffer yard.
[b] 
A buffer yard is not required for a ready-mix concrete or asphalt plant since the same are permitted only inside a quarry.
[3] 
Minimum lot size and lot width.
[a] 
Minimum lot size and lot width shall be as follows:
[i] 
Quarry/extraction operation: 60 contiguous acres.
[ii] 
Ready-mix concrete plant: five contiguous acres.
[iii] 
Asphalt plant: five contiguous acres.
[b] 
Each of the uses governed by this subsection shall have and maintain a minimum lot width of 200 feet on a public street.
[4] 
Landscaping.
[a] 
Landscaping of the berm and buffer yard areas shall be required in accordance with the standards of this chapter, and the same shall be sufficient to produce, three years after planting, a complete, all-season visual screen of at least 10 feet in height.
[b] 
Any plantings in the buffer yard or berm which die or are destroyed shall be replaced immediately or as soon as seasonably possible.
[c] 
Both landscaping of the buffer yard and construction of the berm shall be in compliance with plans submitted to and approved by the Township.
[d] 
The buffer yard landscaping and plantings and the berm construction shall be completed in accordance with the approved plans and the provisions of this subsection within six months after the issuance of the initial zoning permit.
[e] 
A landscape architect, licensed by the Commonwealth of Pennsylvania, shall prepare, sign and seal the landscaping plan for the buffer yard and any other location on a property where any of the uses permitted by this subsection are located and shall supervise the installation of all landscaping and plantings.
[5] 
Fence. A chain-link-type fence with openings no larger than two inches and at least 10 feet in height, surmounted by six strands of barbed wire mounted on V-shaped arms angled inward and outward, shall be erected within the buffer yard and around the entire outside perimeter of the property, except at the points of ingress and egress to the site. The position of the fence shall be approved by the Township and located at a point no closer than 50 feet from the ultimate right-of-way line along a street boundary of the property or not less than 50 feet inside the property line not bordered by a street. The chain-link fence and barbed wire shall be maintained in good order and repair at all times. Points of ingress and egress shall have a gate or gates which can and shall be locked to secure the property after the permitted hours of operation.
[6] 
Warning signs.
[a] 
Appropriate warning signs shall be mounted or posted along the fence required as aforesaid, at intervals of not more than 100 feet, advising of the use, and the same shall be maintained in good order and repair at all times.
[b] 
Warning signs shall be erected, in accordance with Pennsylvania Department of Transportation regulations, on all public highways intersected by internal driveways, at a point 150 feet from the intersection of a public highway and an internal driveway (or such lesser distance, if necessary and required by the Township or if such distance between the internal driveway and the public highway is less than 150 feet) and on both sides of the intersection of any internal driveway with a public highway. The warning signs shall be readily visible to approaching traffic and shall indicate that caution should be observed and that trucks will be entering the highway.
[7] 
Internal driveways. For a quarry use, an adequate internal circulation pattern of driveways shall be provided and maintained between the excavation sites and processing areas, and the same shall provide adequately for traffic safety inside the boundary of the property.
[8] 
Use of public streets, bridges, and culverts.
[a] 
Use of public streets, bridges, and/or culverts shall not be permitted for any vehicles hauling between quarry/extraction and processing areas for weigh-in or for any other internal operations of the uses permitted by this subsection.
[b] 
Before exiting a property upon which any use governed in this subsection is conducted, all vehicles shall be cleaned and washed so that no dust, dirt, or other materials from the operation of such uses or from the property on which the uses are conducted are carried or transported beyond the property boundary by the vehicles. Adequate washing and cleaning facilities shall be provided and maintained in good order and repair at all times at exit points on the property, and the same shall be used by all vehicles to accomplish the purposes of this subsection. All loaded trucks leaving the facility must be covered to prevent materials from spilling into the highways.
[c] 
If vehicular traffic for any use governed in this subsection exits the use onto a Township road, it must be established, as a condition for approval of the use, by competent, reliable engineering and scientific proof, that the Township street, bridge and/or culvert has been constructed to the specifications and standards that accommodate the expected vehicular traffic of the use without causing damage to the Township road to an extent greater than that which would be expected without the operation of such use. If such a greater extent of damage to the Township road is established as aforesaid, then, as a prerequisite for conditional use approval, the Township may deny the use application or require the owner or operator of the use to make improvements to the Township road in order that the vehicular traffic from the use can be accommodated in safety and without causing damage to the Township road. The nature and extent of such road improvements shall be determined by the Township based on sound engineering practice and judgment, and the costs of such road improvements shall be paid by the owner or operator of the use prior to and as a condition for use approval.
[d] 
The owner and operator of any use governed by this subsection shall be responsible for cleaning any material, mud, dirt, or other debris which may be left on the public roads and streets as a result of truck traffic entering or leaving the facility. This obligation shall exist even if the trucks depositing or tracking the materials, dirt, mud, or debris are not owned or operated by the owner or operator of the quarry.
[9] 
Stop signs. Stop signs shall be erected in accordance with Pennsylvania Department of Transportation regulations at the intersection of all internal driveways with public highways, halting all internal traffic in any direction before entering upon a public highway.
[10] 
Caution lights. For all uses governed by this subsection, caution lights that are approved by Pennsylvania Department of Transportation regulations shall be provided, having at least two blinking yellow lights on each sign which are sufficient to attract the attention of a passing motorist. The lights shall be attached to signs which advise that caution should be observed due to trucks entering ahead. The signs shall be erected on the public highway at a distance of 300 feet from the intersection of the public highway and internal driveway, or less if necessary and required by the Township. At least one sign shall face and be readily visible in each direction of travel on the public highway. The owner/operator of the use for which the caution lights are required herein shall pay the cost of providing electricity for the signs, which at all times shall be fully operational and maintained in good order and repair.
[11] 
Slopes. In a quarry/extraction operation, no slope shall be maintained for piles of extracted or excavated materials exceeding the normal limiting angle of slippage of the material of which the excavation or extraction is being made, except for temporary occasions when the excavation of sand and gravel requires exceeding that normal limiting angle of slippage. These instances should be minimized. No undercutting shall be permitted within the buffer yard or beneath the berm.
[12] 
Lateral support. All quarry/extraction operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons, physical damage to adjacent lands, and improvements and damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.
[13] 
Stockpiles and spoilpiles. No stockpiles and spoilpiles shall exceed 35 feet in height above the original ground surface level prior to the development and shall be located inside the soil berm and buffer yard, toward the quarry extraction use. No materials or waste deposited upon any stockpile or spoilpile shall be washed, blown, or otherwise carried or transferred off the site by normal causes or forces.
[14] 
Drainage. All drainage from the site shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainagecourse or encroaching on any streets or adjacent property or entering into any stream, pond, well, subterranean stream, or other body of water. All operations shall comply with the Pennsylvania Clean Streams Act[19] and such other laws and regulations which are applicable.
[19]
Editor's Note: See 35 P.S. § 691.1 et seq.
[15] 
Ground vibration. No ground vibration caused by blasting or machinery shall exceed the limits established by all the applicable laws and the rules and regulations which are adopted thereunder and which are effective during the operation of the use, with the exception that no blasting shall cause a peak particle velocity greater than 0.5 inch per second, measured at any location beyond the boundary line of the property. Ground vibration for all blasting activities shall be monitored by the quarry owner/operator with seismic instrumentation approved by the Township as to its proper frequency response and calibration referenced to accepted national standards, technological effectiveness and efficiency; and reports thereon concerning all blasting activities, certified as to their accuracy by the quarry owner/operator, shall be furnished to the Township, on a monthly basis; and these reports shall indicate the time, location and measurement of all blasting which had taken place on the quarry property since the previous report had been delivered to the Township. Reports required to be furnished to DEP concerning blasting activities also shall be sent to the Township when the same are filed with DEP.
[16] 
Noise levels.
[a] 
The maximum permissible level of noise for the uses permitted by this subsection shall not exceed the peak levels allowable under 25 Pa. Code § 77.564(f)(1) and, further, shall be limited to an hourly average continuous A-weighted sound level which shall not exceed 57 dbA on the A-scale when measured at the property boundary during hours of permissible operation, using a noise meter in compliance with the American National Standards Institute Standard ANSI.SI 4-1971 (R1976) Type S2A or equivalent.
[b] 
The maximum permissible noise level as set forth in this subsection shall be further adjusted as follows:
[i] 
If the continuous noise occurs for less than 5% of the time, but more than 1% of the time during any one-hour period, then five dbA may be added to the maximum permissible noise level set forth herein; or
[ii] 
If the continuous noise occurs for less than 1% of the time during any one-hour period, then 10 dbA may be added to the maximum permissible noise level set forth herein.
[c] 
The following activities are exempt from the maximum permissible noise levels contained herein, except in no case shall the maximum allowable peak noise level at the property boundary given in 25 Pa. Code § 77.564(f)(1) be exceeded nor the hourly average noise level exceed 75 dbA with an allowed increase of five dbA for 1% to 5% during any one hour and an increase of 10 dbA allowed for up to 1% of any one hour:
[i] 
Temporary construction work and site preparation; and
[ii] 
Emergency warning signals and devices.
[d] 
Noise levels shall be monitored by the use owner or operator on a daily basis with the instrumentation identified above, and reports thereon, certified as to their accuracy by the use owner or operator, shall be furnished to the Township on a monthly basis, and these reports shall indicate the results of the noise testing which had taken place on the quarry property since the previous report had been delivered to the Township. Reports required to be furnished to DEP concerning noise levels for the uses permitted by this subsection also shall be sent to the Township when the same are filed with DEP.
[17] 
Air quality. Emissions from the use shall be no more than 0.02 grain of particulate per dry standard cubic foot, with the further conditions that visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 15% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 20% at any time; and fugitive emissions shall not extend beyond the property boundary line where any use permitted by this subsection is conducted.
[18] 
Odor. No malodorous air contaminants, as defined by DEP, from any use permitted by this subsection shall be detectable beyond the property boundary line where the use is located.
[19] 
Water quality.
[a] 
The uses governed by this subsection shall not affect surrounding ground and/or surface water quality with regard to increasing the concentration in the water of total suspended solids, total dissolved solids, total hardness, chemical oxygen demand, biological oxygen demand, total or fecal coliform bacteria, ammonia, nitrate, nitrite, total Kjeldahl nitrogen, salt (as NaCl), cyanide, iron, manganese, radioactive element or compound, oil, grease, total petroleum hydrocarbons, total organic halogens, total organic carbon, dioxins, PCBs, pesticides/herbicides, phenols, phthalates, or any chemical element or chemical compound listed by the United States Environmental Protection Agency as a "priority pollutant." Prior to initiating any construction of a quarry/extraction operation, the owner/operator of the use shall determine at its expense, either through examination of well records or on-site measurements as allowed by or at the convenience of the well owner or user, the current well water quality, including concentration of parameters listed above.
[b] 
The uses governed by this subsection shall not affect the quantity of groundwater available to private or public water supply wells within the zone of influence of any pumping of groundwater for any of the foregoing uses or within one mile outside of the property boundary of the use, whichever is greater. The quantity of groundwater available to a well shall be considered to be affected if, due to the use, the static water level drops in the well one foot or more, or the well is unable to provide 50% or less of its historic flow rate of water. Prior to initiating any construction of a quarry/extraction use, the owner/operator of the use shall determine, at its expense, either through examination of well records or through on-site measurements as allowed by and at the convenience of the well owner or user, the normal water level and flow rate of each well within one mile of the boundary line of the quarry/extraction use property. The owner/operator of this use shall provide the record of these initial water levels and flow rates to the Township and to the well owner or user.
[c] 
The uses governed by this subsection shall not affect the quantity of surface water available in any surface water body within one mile from the property boundary line of the use. The quantity of water available shall be considered to be affected if, due to the use, the water level in a pond, lake, brook, stream or river decreases one foot or more or if the water flow decreases 0.1 of a cubic foot per second (cfs) or more. Prior to initiating any construction of a quarry/extraction use, the owner/operator of the use shall determine, at its expense, either through examination of existing records or through on-site measurements, the normal water quantity, water level and water flow rate of each surface water body within one mile of the property boundary of the use. The owner/operator of the quarry/extraction use shall provide the record of these initial water level and flow rates to the Township.
[d] 
In order to establish a baseline of groundwater conditions and to serve as an early warning of the impact of a quarry/extraction use on groundwater quality and quantity, a series of monitoring wells shall be installed around the periphery of the property, at locations determined and approved by the Township, prior to initiating construction of a quarry/extraction operation. At least one well shall be installed every 500 linear feet. The monitoring wells shall be installed in accordance with the practices prescribed by the United States Environmental Protection Agency Environmental Monitoring Systems Laboratory. The monitoring wells shall be installed so as to provide data on groundwater quality and quantity from each underground aquifer which is likely to be affected by the construction and operation of the quarry/extraction use. The initial measurements of groundwater quality and quantity shall be provided to the Township. The monitoring wells shall be tested monthly as to water level and water quality parameters, and the results thereof shall be provided to the Township. The report shall indicate whether there has been any significant change in water level, which shall be defined as greater than a one-foot drop, or water quality, which shall be defined as an increase in any parameter of 25% or greater, since the previous report or cumulatively during the previous reports. The Township may, at its discretion, decrease the frequency of monitoring to quarterly or less often for some or all of the wells and testing parameters. The Township may, as the results of a significant change in water quality or quantity, as noted in the reports or by an expert consultant in hydrogeology hired by the Township, require increased monitoring at the existing or additional wells to be constructed, a change in quarry/extraction practices to avoid impact on water quality or quantity in off-site wells or a cessation in quarry/extraction operations until the quarry owner/operator can demonstrate to the satisfaction of the Township's hydrogeological expert consultant that continued operations, modified as appropriate, will not significantly impact on water quality or quantity available to off-site wells.
[20] 
Native raw materials. If quarry/extraction operation use is lawfully combined with either or both ready-mix concrete plant and asphalt plant uses, the primary or principal source of all raw materials used for asphalt and ready-mix concrete plant operation shall be mined from the property where such uses are located. "Primary" or "principal" source shall be defined as 85% of the sand, gravel, rock, or other solid raw materials used in the manufacturing of asphalt or concrete. If the regulations of the Pennsylvania Department of Transportation should be modified to allow greater than 15% recycled materials to be used in asphalt or concrete, the above eighty-five-percent limit for native materials may be reduced proportionally for the use of imported materials in the manufacture of asphalt and concrete, so long as such imported materials are recycled materials approved by the Pennsylvania Department of Transportation for manufacture of asphalt or concrete. No materials containing asbestos may be used for recycling.
[21] 
Off-street parking. All off-street parking spaces shall be provided in accordance with the requirements of this chapter and the standards set forth herein. Parking areas shall be constructed in accordance with the applicable standards of Chapter 163, Subdivision and Land Development. Parking areas shall be adequate to serve customers, employees, visitors, and vehicles normally parked on the premises. No parking shall be permitted within the buffer yard. A use governed by this subsection shall provide a parking area for at least one off-street parking space for every employee on the largest shift, one off-street parking space for each company vehicle normally parked on the premises (exclusive of quarry/extraction vehicles and earthmoving equipment, which shall be parked inside the berm) and six off-street visitor parking spaces.
[22] 
Blasting schedule. A schedule of all blasting to be performed within the property shall be sent by regular mail, postage prepaid, to all property owners within 2,000 feet of the outside perimeter of the property boundary line at least seven days prior to blasting operations. Within 24 hours prior to blasting, the owner/operator shall notify all such property owners by telephone of the time the proposed blasting will commence. The owner/operator shall provide the Township with the names, mailing addresses and local telephone numbers of such property owners who are required to be notified by this subsection.
[23] 
Concrete pad. An asphalt plant and/or ready-mix concrete plant shall be constructed upon a concrete pad of sufficient design, strength, and consistency to ensure that no asphalt, concrete, or the ingredients thereof or those used therein are deposited on the ground, to provide for the structural integrity of the asphalt plant or ready-mix concrete plant and otherwise to comply with all other governmental regulations pertaining to the construction thereof.
[24] 
Environmental impact.
[a] 
At the time of application for conditional use approval, subdivision, and land development approval, initial and renewal of the zoning permit and at all other times requested by the Township, the owner or operator of any use governed by this subsection shall provide to the Township sufficient data to demonstrate that the impact of the use will not and does not have an adverse effect upon the health, safety and welfare of the community, including, without limitation, sufficient evidence that the use will not impact adversely upon groundwater quality and supply, ground vibration, noise, dust dissemination, air or ground contamination by toxic or hazardous substances, and the traffic infrastructure of the community. The minimum standards of the foregoing shall be all state and federal laws and the rules and regulations of all governmental bodies and regulatory agencies having jurisdiction regarding the foregoing conditions, except where the provisions of this subsection provide stricter standards, in which case the provisions of this subsection shall apply. The Township shall perform testing, at the expense of the owner/operator, of the use, as and when the Township shall decide, in order to determine compliance with the environmental performance standards set forth in this subsection. Such testing shall be performed at such times, in a manner and by methods directed and approved by the Township on a semiannual basis or more frequently if it is determined by the Township that an adverse impact to any of the environmental impact parameters set forth in this subsection has occurred or appears to have occurred during the operation of the uses governed by this subsection. The owner or operator of the use shall undertake any measures required by the Township, as a result of such testing, to bring the use into full compliance with the environmental performance standards of this subsection as soon as possible and practical.
[b] 
An environmental impact assessment shall be conducted by an applicant for any use governed by this subsection, and a statement of the environmental impact of such a proposed use based on that assessment shall be submitted to the Township in support of the application for conditional use approval and land development or subdivision approval.
[c] 
Required information. The environmental impact statement shall include but not be limited to the following:
[i] 
A summary, including a brief description of the proposed use or facility and any potential impacts on public health or the environment.
[ii] 
The existing site conditions and the need for the facility on that site.
[iii] 
The proposed facility and its associated land development, including buildings and all other structures, fencing, buffering, paving and other site improvements.
[iv] 
The proposed ownership, the type or design of the facility and its location, setting on the site, construction methods, landscaping, maintenance, and operation.
[v] 
The potential adverse environmental impacts of the proposed facility during site preparation, construction, and operation phases, including the following parameters:
[A] 
Air pollution, including volatile organic chemicals, toxic metals, acid gases, dioxins/furans, dust, and fugitive emissions.
[B] 
Surface groundwater pollution, including bacteria (at least total and fecal coliform), viruses, biological oxygen demand, total suspended particulates, toxic metals, nitrate, salt (as NaCl), and EPA priority pollutants.
[C] 
Stormwater runoff, soil erosion, and sedimentation.
[D] 
Soil contamination, both on site and off site, from EPA priority pollutants, pesticides, PCBs, dioxins, etc.
[E] 
Water supply for the site and impacts on wells of surrounding neighbors.
[F] 
Residual waste storage and disposal, if any.
[G] 
Traffic and traffic safety.
[H] 
Noise.
[I] 
Odors.
[J] 
Potential for fire and explosion.
[K] 
Impacts on local ecology, including terrestrial, avian and aquatic species, with particular mention to any threatened or endangered species or species of significant economic importance, as defined by the Pennsylvania Fish and Game Commissions.
[L] 
Impacts on public health.
[M] 
The extent to which state and federal environmental regulations will be satisfied, met or exceeded.
[vi] 
Alternatives to the proposed facility to lessen adverse impacts, including but not limited to the following:
[A] 
Changed location.
[B] 
Smaller (or larger) facilities.
[C] 
Redesign, layout, or siting of buildings or structures, or revised traffic or access patterns.
[D] 
Variations in process throughputs or capacities.
[E] 
Alternative methods for air pollution control, water pollution control, water supply or solid waste handling and disposal.
[F] 
No facility.
[vii] 
Discussion of the alternatives and the reasons for selecting the proposed facility, its site location, and specific design.
[viii] 
Measures to mitigate unavoidable adverse environmental impacts.
[ix] 
Assessment of risks to the public health and the environment from the proposed facility after implementing the mitigating measures.
[x] 
Proposed monitoring of key or critical environmental and public health parameters to ensure that the actual environmental and public health impacts are maintained at or below those estimated in the environmental impact assessment.
[xi] 
The role of the federal, state and local government agencies in permitting the facility and reviewing its ongoing operations for compliance with the conditions of the permit.
[A] 
The Township may request additional information regarding the proposed facility and its impacts if such information is needed to evaluate fully the public health and environmental effects and consequences.
[B] 
The environmental impact statement shall be prepared by qualified experts, including engineers, toxicologists, ecologists and other experienced professionals, such as those pertaining to areas of traffic, air and water quality, public health and other critical parameters.
[d] 
In order to be granted conditional use approval and as a condition for land development or subdivision approval, an applicant for any use governed by this subsection shall have the burden of providing, by the preponderance of clear and convincing competent proof and testimony from qualified expert consultants, that any use governed by this subsection which is proposed for operation in the Township will not have a significant adverse impact on the environmental conditions set forth previously and that the proposed use will not have a harmful impact on the public health, safety, and welfare of the community. A finding by the Township that such an adverse or harmful impact does or will exist shall be a basis for denial of an application for any use governed by this subsection.
[25] 
Reclamation/rehabilitation plan.
[a] 
An application for a zoning permit, conditional use approval and subdivision and land development approval for a quarry/extraction operation shall contain a copy of the plan for reclamation as submitted to and approved by the Pennsylvania Department of Environmental Protection. "Reclamation" and "rehabilitation" shall have the same meaning herein. Notwithstanding the foregoing, a copy of the reclamation plan proposed for approval by DEP shall be filed with the Township when it is submitted to DEP so that the Township may review and comment on it prior to consideration thereof by DEP.
[b] 
Along with the reclamation plan, a timetable for the reclamation proposed for the site in general, with an actual timetable for reclamation of slopes, shall be provided.
[c] 
Where contouring or terracing, as defined under the Act, is not proposed, plans for the reclamation or rehabilitation uses shall include uses permitted by the Act (except solid waste disposal area, development or use, which is hereby specifically prohibited) so long as such use or uses otherwise are permitted under this chapter.
[d] 
Reclamation or rehabilitation shall commence within one year following the completion or the discontinuance for a period of one year of the quarry/extraction operation or the completion of the excavation of a portion of an entire operation which can feasibly be restored, reclaimed or rehabilitated separately from other portions of the quarry/extraction operation and which is not necessary to such operation. Normal benching operations for sloping purposes shall not be construed as requiring the commencement of rehabilitation. Such rehabilitation or reclamation shall be completed within five years from the date the same is commenced except where a longer period of time is specifically authorized as part of the rehabilitation program approved by the Pennsylvania Department of Environmental Protection and the Township.
[e] 
Rehabilitation shall include removal of all debris, structures, equipment, stockpiles and spoilpiles.
[f] 
A layer of arable soil of sufficient depth to sustain grass, shrubs and trees shall be provided over the entire site. Grass, shrubs and trees native to the area shall be planted thereon not later than six months after the providing of arable soil.
[g] 
Where the quarry/extraction operations area is to be filled as part of the rehabilitation process, no material shall be used for fill purposes other than earth, stone, sand, or concrete.
[h] 
Water accumulation upon the site may be retained after the completion of such rehabilitation where the excavation cannot reasonably be drained by gravity flow, provided that adequate provision shall be made to avoid stagnation, pollution, and the danger of improperly controlled release of such waters from the site and adequate safety measures are applied to the water accumulation area to protect the general public.
[i] 
The rehabilitation plans must comply with the provisions of this subsection and other applicable regulations as a prerequisite for conditional use, zoning permit, subdivision and land development approval granted by the Township. Upon receipt of the rehabilitation plan, the Township shall review the same and determine its compliance with all provisions of this subsection and other regulations, and the applicant shall make any changes therein which the Township may require to ensure compliance with the provisions of this subsection and the rules and regulations of and the plan approved by the Pennsylvania Department of Environmental Protection. Upon such compliances, the approved reclamation plan shall be filed permanently in the official records of the Township.
[j] 
Reclamation plans may be amended from time to time, by approval of the Township upon proper application, so long as such amendments also are approved by the Pennsylvania Department of Environmental Protection.
[k] 
Before any permit, conditional use approval, land development, or subdivision approval is granted for a quarry/extraction use, financial security shall be provided in an amount determined by the Township based on the total estimated cost to the Township of completing the approved reclamation plan and in a form governed by the regulations of the Department of Environmental Protection regarding the nature and alternatives of financial security. The financial security shall be sufficient to ensure the rehabilitation of the affected quarry site in accordance with the standards for the issuance of any original permit or annual renewal permit and in accordance with the provisions of the plan of rehabilitation as submitted or amended pursuant to this subsection. The financial security posted with any state agency shall not be withdrawn or reclaimed without written approval by the Township. The financial security required to be provided to the Township by this subsection shall be in addition to the bonding requirements under the Act, and the financial security required under this subsection shall continue for the duration of quarry/extraction activities and its reclamation and for a period of five years after the completion of such activities. The owner or operator of a quarry shall deposit such additional financial security as the Township may direct if the Township determines that the existing financial security does not meet the requirements of this subsection for any reason, including, without limitation, changes in quarry operations, reclamation changes or changes in the cost of reclamation, restoration or abatement work.
[l] 
Ultimate use and ownership of the site after the completion of the quarry/extraction operation and reclamation shall be disclosed when the reclamation plan is submitted for approval by the Township, and the ultimate use of the reclaimed quarry site shall comply with the provisions of this chapter.
[26] 
Historical sites. Historical sites or districts within the Township, including, without limitation, those identified by the Bucks County Conservancy in its Significant Natural Areas Preservation Program or those identified by the Warwick Township Historical Commission, shall not be disturbed by the uses herein regulated or by its owner or operator, who shall demonstrate evidence of the same on all applications and plans required to be submitted to the Township and at all times during the use operation.
[27] 
Notices, permits, reports, and hearings. Whenever the owner or operator of the use is required under the Act to give public notice of any application for a permit or bond or financial security release, or whenever any public hearing relating to the use is scheduled or authorized or permitted to be scheduled pursuant to the Act or any other law or regulation, the owner or operator of the use shall notify the Township, in care of the Board of Supervisors, by certified mail, return receipt requested, postage prepaid, of the exact nature of such application, the time, date and location of the hearing and shall provide the Township with a copy of the application and all applicable notices or communications issued by any regulatory agency or governmental body having jurisdiction thereover and/or scheduling or conducting the hearing. All reports or other documents required by state law or regulation to be filed with any state agency, including the Department of Environmental Protection, pertaining to a use governed by this subsection shall be filed with the Township simultaneously with the state filing.
[28] 
Insurance. The owner or operator of the uses governed by this subsection shall provide and maintain public liability and property damage insurance and such other coverage as may be required by the Township during the conduct of the uses governed by this subsection. The nature and amounts of such insurance coverage shall be determined by the Township at the time conditional use approval is granted in accordance with the resolution governing the same adopted by the Board of Supervisors. Insurance policy limits shall be no less than, but may exceed, the limits required by the Township for land developments. Such insurance shall be issued by an insurance company authorized to transact business in Pennsylvania and having at least an A-rating by the current edition of Best's Review. At all times requested by the Township, evidence of such insurance coverage shall be presented to the Township for review and approval by the Township, and evidence that the insurance policy(ies) required by this subsection have been properly issued shall be a condition of any permit or approval granted for a use governed hereunder.
[29] 
Technology. All uses governed hereunder shall employ the best available technology, not only in their operations but also for all required testing and environmental protection, including, without limitation, prevention of air, water and noise pollution.
[30] 
Annual renewal permit.
[a] 
An applicant for a use governed by this subsection shall apply for and obtain an annual renewal permit during each year of its operation in order to be in compliance with this subsection.
[b] 
The properly completed application for a renewal permit must be received by the Township along with the appropriate fee and required supporting plans and other materials and data required not less than 60 days prior to the expiration of the then-current Township permit.
[c] 
The application shall include updated plans and other materials and data showing any change from the information required for the issuance of an original permit, or if there is no change, the application shall so indicate.
[d] 
The annual renewal permit shall be issued only if the Township is satisfied that the applicant has complied with all of the requirements for an originally issued permit, and provided that the provisions of this subsection have been and will be satisfied.
[e] 
The annual renewal permit application may be referred by the Board of Supervisors for review by any Township officials or agencies or professional consultants or contractors to receive its recommendations on compliance with the provisions of this subsection.
[31] 
Application and permit fees. Applicants for a zoning permit, annual renewal permit, conditional use, subdivision, and land development approval for the uses governed by this subsection shall pay a fee to the Township, established by the Fee Schedule Resolution which may be adopted and amended, from time to time, by the Township.
[32] 
Inspections. To ensure that the provisions of this subsection are strictly satisfied and enforced, the Township and its duly authorized representatives shall have the right to inspect the uses governed by this subsection. Such inspection or inspections as the Township shall deem necessary may be conducted on any working day of the year, during regular business hours and may be performed by the persons duly authorized by the Township, without any prior notice to the owner or operator of the use.
[33] 
Hours of operation. Except for clerical or office work, no use governed by this subsection shall operate or be conducted before the hour of 7:00 a.m. and after the hour of 5:00 p.m., Monday through Friday, and on Saturday before the hour of 8:00 a.m. and after the hour of 12:00 noon or anytime on Sunday, Christmas Day, New Year's Day, Memorial Day, July fourth, Labor Day or Thanksgiving Day. However, no stone-crushing operation shall be conducted any time on Saturday. All time designations shall be in prevailing time for Warwick Township.
[34] 
Machinery and equipment. A schedule of the quantity and types of machinery and equipment which will be employed in the uses governed by this subsection shall be provided with the application for conditional use, subdivision/land development and zoning permit approvals, and the noise levels of each shall be disclosed.
[35] 
Safety and complaints. All safety measures to be employed and a plan to be utilized to monitor and to respond to complaints shall be provided with the application for conditional use, subdivision/land development and zoning permit approvals, and the same shall be approved by the Township as to their effectiveness, workability and coordination with appropriate Township personnel, such as emergency services, fire marshal, police, and code enforcement personnel.
[36] 
Height limitations. No machinery, equipment, buildings, or structures used in a quarry/extraction operation and no extracted material from the quarry/extraction property shall exceed 35 feet in height above the ground level previously existing prior to the use, and none of the foregoing shall be visible from any location outside of the property boundary.
[37] 
All extraction uses shall comply with Title 25, Chapter 77, of the Pennsylvania Department of Environmental Protection Code. No machinery, equipment, buildings or structures used in a ready-mix concrete or asphalt plant operation shall exceed 35 feet in height above the ground level previously existing prior to the use.
(13) 
H13 Industrial Park.
(a) 
Purpose. The following regulations are intended to permit greater flexibility in design, size of layout and construction in industrial development so as to encourage retention and preservation of woodlands, steep slopes and other open space land for aesthetic and scenic beauty, passive recreation and preservation of the ecological systems of the Township.
(b) 
Applicability.
[1] 
The Board of Supervisors may request of a developer cluster development for any tract of land located in an LI Limited Industrial District.
[2] 
A landowner may, at his option, develop any tract of land located in an LI Limited Industrial District as a cluster development, in accordance with the terms of this chapter.
[3] 
The owner or owners of any tract of land comprising an area of not less than 25 contiguous acres and located in an LI Limited Industrial District may submit to the Board of Supervisors a plan for the use and development of the entire tract in accordance with the regulations of this chapter. The submission must include a tentative sketch plan which complies with Chapter 163, Subdivision and Land Development, of Warwick Township. The Board of Supervisors shall submit each such request to the Township Planning Commission at least 30 days prior to the Board of Supervisors' consideration of the submission to provide the Township Planning Commission an opportunity to submit its recommendations to the Board of Supervisors, which recommendations shall be accompanied by a report stating specific evidence and facts indicating that the required development meets the requirements of this chapter and that the properties adjacent to the tract to be developed will not be adversely affected.
(c) 
Development standards.
[1] 
Use regulations.
[a] 
Any use permitted in the Limited Industrial District as specified in Article XVIII of the this chapter, as amended, shall be permitted.
[b] 
Commercial recreation facilities, such as swimming pools and tennis courts but not including amusement parks with rides, shall be permitted.
[c] 
Public storage facilities shall be permitted.
[2] 
Area and dimensional requirements for individual lots in an H13 Industrial Park.
[a] 
The development of lots in a clustered industrial development shall meet the following conditions:
[i] 
No individual lot may have an area less than one acre and a width not less than 145 feet at the building line.
[ii] 
Building area.
[A] 
The first-floor area of primary and accessory buildings shall not exceed 50% of each lot area, and the total floor area of primary and accessory buildings and/or structures, excluding basement area, shall not exceed 60% of each lot area regardless of building height.
[B] 
No more than 80% of the lot area shall be covered by impervious surfaces.
[iii] 
Building placement. No building or structure shall be located less than 500 feet from an existing residential use or residential district nor less than 75 feet from an existing street right-of-way line, unless the lot was in existence prior to 2017. Within the industrial park development, no building or structure shall be located less than 40 feet from any internal road or less than 25 feet from one side or rear property line. For flex space use H16, the use of party walls and zero lot lines is permitted only within a building that complies with all other setbacks set forth in this Subsection H(13)(c)[2][a][iii]. No parking, loading, or service areas shall be located in front of any building but shall be permitted on side and rear yard areas.
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
[iv] 
Buffer yards. Along any existing residential use or residential district boundary line, a buffer yard shall be provided which shall be not less than 200 feet in width, measured from the street line (where such street constitutes the boundary line). Thirty-five feet of this two-hundred-foot buffer must be landscaped with suitable trees, shrubs, and grass in the nature of a buffer zone as required by § 195-63 of this chapter. Such buffer yards may be conterminous with any required yard, and, in case of conflict, the larger yard requirements shall apply. No parking shall be permitted within 100 feet of any existing residential use or residential district boundary line.
[v] 
Height regulations. No building or structure shall exceed 35 feet in height, or three stories, whichever is less.
[vi] 
Parking requirements for individual uses within an industrial park shall be as required by the use regulations of this chapter.
[A] 
In the absence of specific parking regulations for the individual industrial uses: one off-street parking space for every 300 square feet of gross floor area, whichever is greater, but the property owner shall have the right to reduce the number of parking spaces, subject to provision being made for future expansion to the above requirements if said parking should become necessary due to occupancy.
[3] 
Open space. A minimum of 20% of the base site area shall be reserved as common open space. In addition, at least 5% of the gross site area shall be devoted to civic or recreational use in the form of a park, plaza, memorial garden, sculpture garden, or like amenity which shall be located in a center area of the H13 Industrial Park use.
(d) 
Special regulations.
[1] 
A tentative plan shall be submitted to and approved by the Board of Supervisors showing the layout of the proposed development and shall include the following:
[a] 
The scale shall be one inch equals 100 feet, with five-foot contour intervals and other topographical features.
[b] 
The tentative location, plan, dimensions, elevation and height of a typical building and other structures and the approximate total gross floor area to be constructed.
[c] 
The tentative location, dimensions and arrangement of all open spaces, typical yards, typical accessways, typical entrances, typical exits, typical off-street parking facilities, typical loading and unloading facilities, and the location and width of roads and streets and sidewalks, if required.
[d] 
The capacity of typical areas to be used for automobile access, parking, loading, and unloading.
[e] 
The typical location, dimensions, and arrangement of all areas devoted to planting, lawns, trees, or similar purposes.
[f] 
The provisions proposed for temporary and permanent location of sewage disposal, water supply, stormwater drainage, and other utilities, all meeting Department of Environmental Protection (DEP) regulations.
[g] 
Sufficient data in all instances to enable the Board of Supervisors to judge the effectiveness of the design and the character of the proposed development and to consider properly such things as its relationship to surrounding areas, anticipated traffic, public health, safety, and welfare.
[2] 
The plan submitted may not necessarily show a series of individual lots, but rather large sectioned parcels within the overall development plan that are to be further subdivided and subsequently submitted for approval by the Township as each industrial building is constructed.
[3] 
If, within 36 months of the approval, construction is not undertaken by or for the applicant, said approved plan may be declared null and void.
(14) 
H14 Resource Recovery Facility. A facility or land that is used for any one or a combination of the following: composting, incineration, material separation, or recycling.
(a) 
Related definitions.
[1] 
Composting facility: a facility for the composting of the organic matter in municipal solid waste.
[2] 
Incinerator: a facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
[3] 
Material separation and/or refuse-derived fuel (RFD) facility: the extraction of materials from municipal solid waste for recycling or for use as refuse-derived fuel (RFD).
[4] 
Municipal solid waste: the unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
[5] 
Recycling facility: a business that accumulates material such as paper, glass, aluminum, and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
(b) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates, or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be a least six feet high and shall be kept in good repair and neatly painted in a uniform color.
[1] 
"Indiscriminate/unauthorized dumping" shall mean:
[a] 
Disposal of waste other than in designated areas within the station.
[b] 
Disposal of waste outside the gates or its surrounding areas when the station is closed.
[c] 
Disposal of prohibited waste.
(c) 
Disposal of hazardous waste, as defined by the state and federal Departments of Environmental Protection, brush or trees larger than five inches in diameter, boulders, stumps, sewage, dead animals, explosive materials, ashes, or junk cars shall not be processed or handled in a resource recovery facility.
[1] 
Household trash mixed with materials this chapter requires to be recycled shall be refused.
(d) 
Minimum lot area: 20 acres.
(e) 
Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, an incinerator shall be a minimum of 300 feet from any residential zoning district or occupied residential dwelling unit.
(f) 
Parking areas shall be a minimum of 100 feet from any property line.
(g) 
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PADEP) and the provisions of this chapter as well as Chapter 95. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
(h) 
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
(i) 
Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.
(j) 
All parts of the process (unloading, handling and storage of municipal solid waste) shall occur within a building. However, certain separated recyclable materials like glass, aluminum, and other metals may be stored outdoors.
(k) 
The storage of paper shall be within a building.
(l) 
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(m) 
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(n) 
No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.
(o) 
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality and approved by the governing body.
(p) 
Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PADEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
(q) 
Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leakproof and vectorproof containers. Such process waste shall be disposed of in a sanitary landfill approved by PADEP or in another manner approved by PADEP.
(r) 
A buffer area of at least 50 feet shall be provided around the site. Within the buffer area, a dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be six feet in height and planted on nine-foot staggered centers. In addition, the buffer requirements of § 195-63 of this chapter shall be met.
(s) 
Solid waste landfill operations and open burning of any material shall specifically be prohibited.
(t) 
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of Article XIX of this chapter shall be met.
(u) 
A traffic impact study and water impact study shall be in accordance with specifications by the Township's consulting engineers.
(v) 
A zoning permit shall be obtained on an annual basis.
(15) 
H15 Solid Waste Landfill. A land site on which municipal solid waste is disposed. A solid waste landfill shall utilize the best current engineering principles to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
(a) 
Minimum lot area: 50 acres.
(b) 
The solid waste landfill operation shall be set back from any property line or street right-of-way line at least 300 feet.
(c) 
Direct access to York Road (SR 263) shall be required for the operation of a solid waste landfill.
(d) 
A traffic impact study shall be required.
(e) 
Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such solid waste landfill.
(f) 
Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township.
(g) 
A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
(h) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates, or other positive means designated to deny access to the area at unauthorized times or locations.
(i) 
Unloading of waste shall be continuously supervised.
(j) 
Measures shall be provided to control dust. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions in or erosion of cover shall be repaired daily.
(k) 
Hazardous materials, including but not limited to highly flammable materials, explosives, pathological wastes, radioactive materials, liquids, and sewage, shall not be disposed of in a solid waste landfill.
(l) 
The disposal of sewage liquids, solids, and other liquids shall be specifically prohibited in a solid waste landfill.
(m) 
Litter control shall be exercised to confine blowing litter to the work area and a working plan of cleanup of litter shall be accomplished.
(n) 
Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
(o) 
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill and to prevent the collection of standing water. The operator shall comply with the requirements of Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code, and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water.
(p) 
Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980, as amended.[20]
[20]
Editor's Note: See 35 P.S. § 691.1 et seq.
(q) 
A one-hundred-foot buffer with dense evergreen screening and fencing shall be constructed around the entire perimeter of the site, except for the area of the entrance drive which shall be landscaped to the satisfaction of the Township.
(r) 
A zoning permit shall be obtained on an annual basis.
(s) 
A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
(16) 
H16 Flex Space.
(a) 
Building space designated for use as either office, light manufacturing, assembly, warehousing, repair shop or indoor athletic club. Each flex space area shall have no less than 5% of the area devoted to an office use. No outside storage nor retail sales are permitted.
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
(b) 
The buffer requirements of § 195-63 shall be met.
(c) 
Parking. If office space is less than 1/2 the square footage of the facility, there shall be one space for every 300 square feet of total floor area, plus one space for each company vehicle normally stored on the premises. If office space is more than 1/2 the square footage of the facility, there shall be one space for every 250 square feet of total floor area, plus one space for each company vehicle normally stored on the premises.
(d) 
The area and dimensional criteria for this use shall be as required by the underlying zoning district, except when an H16 use is proposed in an H13 Industrial Park. If an H16 use is proposed within an H13 Industrial Park, the area and dimensional criteria of the H13 use shall govern. Parking requirements for the H16 use shall be as stated in Subsection H(16)(c), above, regardless of the zoning district or industrial park requirements.
(17) 
H17 Trash Transfer Station. A facility where municipal solid waste is delivered for the purpose of separating, compacting, or in some other way preparing the material for transport in larger vehicles to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose for recycling.)
(a) 
Related definitions.
[1] 
Terms used in this subsection of the Zoning Ordinance shall be as defined in Chapter 95 of the Warwick Township Code of Ordinances (Chapter 95). Examples of terms defined in Chapter 95 include, but are not limited to, ”municipal waste," "leaf waste," and "recyclable materials."
[2] 
"Scrap metal" shall mean recyclable steel, aluminum, copper, brass zinc and lead.
[3] 
"Prohibited waste" shall mean all materials, hazardous or otherwise, that may not be disposed of at the transfer/recycling station or comingled with other recyclables under Chapter 95.
(b) 
Minimum lot area: 20 acres.
(c) 
Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, a transfer station shall be a minimum of 300 feet from any residential zoning district or occupied residential dwelling unit.
(d) 
Parking areas shall be a minimum of 100 feet from any property line.
(e) 
Operation of a trash transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PADEP), provisions of Chapter 95 of the Township Code, and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
(f) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every trash transfer station shall be protected by locked barricades, fences, gates, or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be a least six feet high and shall be kept in good repair and neatly painted in a uniform color.
[1] 
"Indiscriminate/unauthorized dumping" shall mean:
[a] 
Disposal of waste other than in designated areas within the station.
[b] 
Disposal of waste outside the gates or its surrounding areas when the station is closed.
[c] 
Disposal of prohibited waste.
(g) 
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
(h) 
Disposal of hazardous waste, as defined by the state and federal Departments of Environmental Protection, brush or trees larger than five inches in diameter, boulders, stumps, sewage, dead animals, explosive materials, ashes, or junk cars shall not be processed or handled in a trash transfer station.
[1] 
Household trash mixed with materials this chapter requires to be recycled shall be refused.
(i) 
Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.
(j) 
All parts of the process (unloading, handling and storage of municipal solid waste) shall occur within a building. However, certain separated recyclable materials like glass, aluminum, and other metals may be stored outdoors for a period not to exceed 72 hours.
(k) 
The storage of paper shall be within a building.
(l) 
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(m) 
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(n) 
No municipal solid waste shall be processed at a trash transfer station or stored on the site for more than 72 hours.
(o) 
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality and approved by the governing body.
(p) 
Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PADEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
(q) 
Waste from the trash transfer station shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leakproof and vectorproof containers. Such process waste shall be disposed of in a sanitary landfill approved by PADEP or in another manner approved by PADEP.
(r) 
A buffer area of at least 50 feet shall be provided around the site. Within the buffer area, a dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be six feet in height and planted on nine-foot staggered centers. In addition, the buffer requirements of § 195-63 of this chapter shall be met.
(s) 
Solid waste landfill operations and open burning of any material shall specifically be prohibited.
(t) 
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of Article XIX of this chapter shall be met.
(u) 
A traffic impact study and water impact study shall be in accordance with specifications by the Township's consulting engineers.
(v) 
A zoning permit shall be obtained on an annual basis.
(18) 
H18 Recovery of Subsurface Gas and Oil Deposits. Activities limited to the recovery and removal of subsurface gas and oil deposits through direct on-site drilling as defined and set forth in the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.). This use does not include the recovery and removal of any other subsurface minerals such as coal, gravel, sand, clay, topsoil, stone or any other mineral other than oil and gas, such use being covered by Use H12 Extractive Operations.
(a) 
Minimum lot area: 12 acres.
(b) 
All drilling and production operations including derricks, retaining pits, vacuum pumps, storage tanks, vehicle parking, structures, machinery and ancillary equipment shall be located at least 600 feet from any building containing a residential dwelling; or from any structure used for public assembly, including schools and churches; or from any nonresidential structure, where the owners of such structures are not a party to the oil and gas instrument.
(c) 
All aspects of the recovery of subsurface gas and oil deposits, including without limitation all drilling, production operations, buildings, pipelines, etc., shall be located at least 100 feet from the ultimate public right-of-way of any public or private street, and 100 feet from any property line. Pipelines shall be permitted to traverse the required setback only where absolutely necessary to transport extracted product off site.
(d) 
Offensive or noxious odors, noises, fluids, gases, dust or glare shall be confined to the subject parcel or leasehold premises and shall not impact any occupied structure or dwellings.
(e) 
Junk, refuse, trash or abandoned material shall not be disposed of on site. All refuse stored on site for final off-site disposal shall be indoors, in a dumpster or other permitted enclosure.
(f) 
Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited.
(g) 
All operations shall be in accordance with all applicable federal laws and regulations; the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.), as amended, and pursuant to all rules, regulations and procedures adopted thereto.
(h) 
The owner(s) and operator(s) shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.
(i) 
A copy of a valid insurance policy, issued by a corporate insurer licensed in the Commonwealth of Pennsylvania, shall be provided to Warwick Township. Such insurance shall be of sufficient amount to:
[1] 
Provide for payment for all damages or injury to persons or property resulting from the drilling, operation or maintenance of the proposed well and other structures, machinery, appurtenances used in conjunction with it;
[2] 
Provide for payment to control and/or eliminate any hazardous or dangerous event or condition, including a blowout; and provide for payment for injury or damages to persons, equipment or agencies responding to same event or condition; and
[3] 
Contain no exclusion from coverage of contamination or pollution of surface or subterranean streams, watercourses, lakes, wetlands or public or private water supplies.
(j) 
The drilling site, production site, access roads/driveways and all structures shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. The natural resources protection and setback provisions of this chapter shall be met.
(k) 
Excavation, structures, and/or equipment in sensitive areas such as ridges, hilltops, scenic or other areas of special visual quality shall be avoided.
(l) 
The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.
(m) 
All structures, equipment and operations shall be fully screened from off-site view. Methods may include, but are not limited to:
[1] 
Existing and/or replanted vegetation.
[2] 
Existing and/or artificially created land forms.
(n) 
Glare from site lighting or gas flaring shall not impact on nearby residences, excepting those whose owners are a party to the oil/gas instrument.
(o) 
Operators shall conform to all current Warwick Township, Pennsylvania and federal regulations and standards concerning air quality, water quality, and noise.
(p) 
No habitat disturbance is to occur where threatened or endangered species or critical habitats exist, as defined by the Pennsylvania Department of Conservation and Natural Resources. A Pennsylvania Natural Heritage Program study shall be completed and provided to Warwick Township.
(q) 
All activity in an archaeologic or historic resource area, as identified in the Warwick Township Zoning Ordinance, Warwick Township Comprehensive Plan, Bucks County Comprehensive Plan, or by the Pennsylvania Department of Conservation and Natural Resources (DCNR) or by the Pennsylvania Historical and Museum Commission (PHMC), shall provide for the preservation of the resource or provide for the completion of necessary study and work as specified by the DCNR and/or PHMC before any aspect of use begins. Should a resource be uncovered during operations, those operations shall be suspended pending recommendation of DCNR and/or PHMC, as applicable.
(r) 
For areas of potential wildfire hazard, fire line intensities shall be abated to less than 100 Btu/foot/second through fuel breaks or other equally effective means around structures or areas of activity. Required practices for grass/shrub lands include the following:
[1] 
Fuel breaks of a width four times the height of adjacent vegetation.
[2] 
Revegetation to short grasses.
(s) 
Drilling or production operations shall not cause the acceleration of geologic processes such as erosion, sedimentation or gravitational movement of earth and/or rock material to the point that such processes become a hazard or nuisance to life or property.
(t) 
Activities or structures proposed within an identified floodplain area shall independently meet the requirements of the Warwick Township Floodplain Ordinance[21] and shall be carried out in a manner that does not increase flood hazards upstream or downstream, nor that reduces the efficiency with which floodwaters are carried through the site.
[Amended 3-16-2015 by Ord. No. 2015-5]
[21]
Editor's Note: See Ch. 92, Floodplain Management.
(u) 
Use of streets serving exclusively residential neighborhoods is prohibited.
(v) 
All weather access roads, suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement or activity area.
(w) 
Reclamation shall be carried out on all disturbed areas and achieve the following objectives:
[1] 
Final soil profiles designed to equal or reduce soil erosion potentials over stable preoperation conditions.
[2] 
Restoration or enhancement of preexisting visual character through planting of native or adaptive vegetation.
(x) 
Final landforms shall be stable.
(y) 
Disturbance of soil cover shall be minimized.
(z) 
An abandoned site shall be securely and safely maintained until reclamation has been completed and revegetation permanently established.
(aa) 
Reclamation shall be initiated as soon as weather and growing conditions permit after the abandonment of the well or installation of production equipment and shall be completed no more than one year later.
(bb) 
All watercourses and wetlands shall be preserved in a natural undisturbed state. The gas and oil well casing and tank structures normally used in drilling and recovery operations shall be a minimum of 100 feet from the edge of any watercourse or wetland. A wetland report, certified by a soil scientist or wetland specialist, shall be provided.
(cc) 
Roads or other improvements obstructing drainage shall provide for culverts sized for storm flows as determined by the Township Engineer.
(dd) 
Any application for a zoning permit or land development shall be accompanied by plans and other information to satisfy the criteria set forth above and in addition shall depict:
[1] 
Name and address of the assessed owner of the surface rights, owner of the oil and gas rights, the oil and gas lessee, if any, and of the driller.
[2] 
Plan of the general area within a one-mile radius of the site at a scale of 500 feet or less to the inch with a twenty-foot-or-less contour interval to show:
[a] 
Location of proposed site.
[b] 
Land use pattern including building locations and historical sites and buildings, if any.
[c] 
Roads, indicating major roads and showing width, weight loads, types of surfaces and traffic data (existing traffic and proposed additional traffic)
[d] 
Existing and proposed uses of adjacent properties including:
[i] 
Subdivisions.
[ii] 
Parks, schools, churches.
[iii] 
Highways (new and reconstructed).
[iv] 
Other uses potentially affecting or affected by the proposed oil and gas operation.
[3] 
Plan of proposed site at the scale of 100 feet or less to the inch with a ten-foot-or-less contour interval to show:
[a] 
Soils and geology: groundwater data, watercourses and wetlands.
[b] 
Vegetation: existing and areas of vegetation to be removed, with species and vegetation types shown.
[c] 
Wind data: directions and percentage of time.
[d] 
Proposed route of ingress, egress and regress to the proposed operations site.
[e] 
Proposed location of all drilling and production facilities on the site, including but not limited to derricks, retaining pits, dikes, vacuum pumps, storage tanks, pipelines, compressors, separators, storage sheds, vehicle parking, structures, machinery and ancillary equipment, access roads.
[f] 
Type of derrick, if any, to be used, including the height.
[g] 
Copies of all permits and applications for permit obtained pursuant to the Oil and Gas Conservation Law of the Commonwealth of Pennsylvania, 58 P.S. § 401 et seq., and/or the Oil and Gas Act of the Commonwealth of Pennsylvania, 58 P.S. § 601.101 et seq., if applicable.
(ee) 
Any application for a zoning permit shall be initially referred to the Planning Commission for review and to the Township Engineer for review prior to final action by the Board of Supervisors. When considering the application for a zoning permit or land development approval, the Board of Supervisors shall take into account the following:
[1] 
Compliance with the requirements set forth above.
[2] 
The impact that the proposed operations would have upon the health, safety and welfare of the community including specifically the finding that the use will not impact adversely upon the following:
[a] 
Groundwater supply, surface water supplies, and watercourses.
[b] 
Ground and air vibration.
[c] 
Noise.
[d] 
Dust dissemination.
[e] 
Ground, surface water, groundwater and air contamination of toxic or hazardous substances.
(ff) 
No permit for any recovery of subsurface gas and oil deposits shall be issued until the applicant has first demonstrated to the Township that it has obtained all other permits and approvals required from any other regulatory agencies to conduct the recovery of subsurface gas and oil deposits.
(gg) 
Minimum parking requirement. All off-street parking spaces shall be provided as the Township Board of Supervisors and Planning Commission shall determine is adequate to serve customers, employees, visitors and vehicles normally parked on the premises.
I. 
General accessory uses and structures.
(1) 
I1 Nonresidential Accessory Building. Accessory building, or structure, or uses customarily incidental to the uses permitted within the zoning district, except outside storage. For any use accessory to a use permitted only as a special exception or conditional use, the accessory use shall only be provided as a special exception or conditional use.
(a) 
Nonresidential accessory buildings shall meet the minimum setbacks for the principal nonresidential use.
(b) 
School bus shelter. A structure for the use of person waiting for a bus.
[1] 
Maximum floor area: 63 square feet.
[2] 
Such structures shall be located at least 12 feet from any street line or lot line.
[3] 
Two parallel signs, no more than six square feet each, may be erected. These signs may advertise goods, services, businesses or organizations not located on the property.
(c) 
Greenhouse.
[1] 
Maximum floor area: 250 square feet.
[2] 
No retail or wholesale sales shall be permitted.
[3] 
The greenhouse shall not be permitted in the front yard. The greenhouse will be permitted within the side and rear yards and shall not be located closer to the street than the front of the primary structure.
[4] 
The structure shall be located a minimum of 12 feet from any property line.
(d) 
Parking. Parking shall conform to the requirements of the most closely related use.
(2) 
I2 Outside Storage or Display. Outside storage and display shall include any products, merchandise, materials, equipment, vehicular advertisement or marketing advertisement which is not enclosed by a roof with four opaque walls.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a) 
Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use.
[1] 
No part of the street right-of-way, sidewalks, or other areas intended or designed for pedestrian use, required parking areas and portions of the required front yard shall be occupied by outside storage or display except in the C1 or C2 Zoning Districts where outside display shall not extend more than five feet beyond the front of the building.
[2] 
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
[3] 
Outside storage areas shall be shielded from view from all public streets by use of both a fence and a vegetative buffer.
(b) 
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection I(2)(a)[1] and [2] above when granted as a special exception by the Zoning Hearing Board.
[1] 
No more than 25% of the lot area shall be used in outdoor storage or display.
[2] 
In particular, uses appropriate under this provision include, but are not limited to, nurseries (Use A6), lumber yards (Use H8), automobiles sales (Use G23), truck terminals (Use H6), and agricultural retail (Use A3).
[3] 
Among the uses that shall not be appropriate for inclusion under this provision are retail store (Use G3), repair shop (Use G12), service station or car-washing facility (Use G22), automobile repair (Use G24), sale of automobile accessories (Use G25), miniwarehouse (Use G28), wholesale business and storage (Use H3), contractor office and shops (Use H5), and crafts (Use H7).
(3) 
I3 Temporary Use or Structure.
(a) 
Definition. Temporary structure, building or use, including portable temporary storage containers. A temporary permit may be issued for structures or uses necessary during construction, or other special circumstances of a nonrecurring nature.
(b) 
Regulations.
[1] 
The time period of the initial permit shall be three months. The permit may be renewed for one additional three-month time period, provided that the applicant must file an application for a zoning permit under this chapter to extend the initial permit beyond the initial three-month term. The Zoning Officer may deny the application for an extension to the initial three-month period if he or she determines that the extension will have an adverse impact on the surrounding neighborhood. In determining the impact on the neighborhood, the Zoning Officer may contact adjacent property owners.
[2] 
Such structure or use shall be removed completely within 30 days of the expiration of the permit or renewal permit without cost to the Township.
[3] 
Upon application and approval of a renewal permit for more than six months, the applicant shall provide a $1,000 cash escrow account with the Township to guarantee the removal of the temporary use. The foregoing cash deposit shall be held by the Township until the use is removed by the applicant. If the use is not removed at the end of the renewal period, the cash escrow deposit shall be forfeited to the Township in order to enforce the terms of the temporary use permit.
[4] 
No residential parcel under this subsection may be issued more than one permit for the placement of any temporary structure, building or use on the property during any twelve-month period.
[5] 
If the use is a temporary storage container, an outdoor container commonly referred to as a "POD," or a similar-type container, such uses shall meet the following standards:
[a] 
Temporary storage containers shall not exceed 20 feet in length.
[b] 
Temporary storage containers may only be located within the front yard of any property, provided that such containers are set back from the edge of the road or the sidewalk a minimum of five feet, whichever is greater, provided that there is no encroachment into the clear-sight triangle for any intersecting roads or driveways.
[c] 
No more than one temporary storage container may be placed on any one residential parcel at one time.
(c) 
Permits for extended hardship. Upon a finding by the Township that a property which experienced a flood, fire, natural disaster, or other act of God so as to render the primary residential dwelling on the property uninhabitable, the establishment of a temporary structure, building or use may be permitted for periods longer than nine months, provided that if the temporary structure, building or use is for dwelling purposes, that any and all requirements of the Bucks County Department of Health regarding water use and/or sewage are met, and that all Township Building Code requirements are met by the applicant.
(4) 
I4 Temporary Event. A temporary use including seasonal outdoor sales, indoor/outdoor markets, public exhibitions, workshops, social assemblies, picnics for fund-raising and similar organizational events and meetings, except for events sponsored by Warwick Township.
[Amended 5-20-2019 by Ord. No. 2019-1]
(a) 
Such temporary uses shall be limited to occurrences of not more than seven days per occurrence which may be extended at the discretion of the Zoning Officer for an additional seven days. Such occurrences shall be limited to not more than four occurrences in a calendar year for each property. There shall be at least a thirty-day period between such occurrences.
(b) 
Signs advertising a temporary community event shall be limited to 12 square feet in size on the premises that the event is being held. No more than four off-premises signs limited to six square feet in size shall be placed off-premises. The location of off-premises signs must be approved by the property owners of the properties upon which they are to be fixed. Such signs shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event.
(c) 
It shall be unlawful for any sponsor, owner of property or person in charge of property to initiate, organize, promote, permit, conduct or cause to be advertised a temporary event unless a zoning permit has been obtained. A separate permit shall be required for each temporary event for the period designated by the permit. Temporary events with anticipated participation of 300 or more requires a special event permit in accordance with Chapter 49 of the Code of Warwick Township.
(d) 
The total area of the temporary activity shall be limited to 2,000 square feet, not including parking and restrooms.
(e) 
The applicant shall provide plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control, and cleanup after the event.
(f) 
The applicant shall provide any other information deemed required by the Zoning Officer.
(5) 
I5 Accessory Heliport. A private noncommercial landing area for helicopters.
(a) 
An accessory heliport is permitted accessory only to office, institutional or industrial uses located in the LI Limited Industrial District.
(b) 
An accessory heliport shall not be located within 300 feet of any street or property line.
(c) 
Helicopters using the accessory heliport shall be travelling to or from the property on which the heliport is located. The accessory heliport shall host only flights whose passengers have business on the property on which the heliport is located.
(d) 
No fuel service, maintenance or overhaul facilities shall be included.
(e) 
A minimum landing area of 100 feet by 100 feet shall be provided, except for rooftop landing areas that shall have a minimum landing area of 40 feet by 40 feet.
(f) 
A fence at least four feet in height shall surround all landing areas. The fence shall be sufficient to prevent loose stone and other debris and materials from being blown on to adjacent properties.
(g) 
The proposed heliport will not adversely affect adjoining land uses, the safety of nearby residents or employees or the future growth and development of the area in which it is to be located.
(h) 
The heliport shall meet all the regulations of the Pennsylvania Department of Transportation, Bureau of Aviation, and shall have the approval of this agency and of any other airstrip licensing agencies of the federal or state government.
(i) 
No activities shall be permitted which will violate the regulations of this chapter or any other Township ordinance controlling noise, dust, dirt, electrical disturbance, hazards, or other nuisances.
(6) 
I6 Accessory Air Landing Field. A private, noncommercial air landing field.
(a) 
Approval of the Pennsylvania Department of Transportation, Bureau of Aviation and the Federal Aviation Administration shall be secured.
(b) 
No air landing field shall be established if its flight pattern will overlap with the flight pattern of any existing air landing field, or if the first 0.25 mile of takeoff or landing is over parkland or a residential area.
(7) 
I7 Towers, Masts, Flagpoles, Dish Antennas, and Nonagricultural Silos. An accessory use for a principal use other than Use E1.
(a) 
All structures shall be set back from all property lines and street lines a distance at least the height of the facility plus 20 feet. Height of the structure shall be measured from ground level to the top of the structure if freestanding or the total height of the structure in addition the height of any other building or structure upon which the accessory structure is anchored.
(b) 
The structure shall be anchored to the ground in a manner satisfactory to the Township.
(c) 
Amateur radio antennas shall not exceed 65 feet in height.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d) 
Dish antennas shall be permitted only in the RA and R1 Zoning Districts on lot sizes of one acre or greater and shall not exceed 12 feet in diameter.
(e) 
When separately supported, the total height of the dish antenna shall not exceed 14 feet, unless approved as a conditional use.
(f) 
If roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the ridgeline. Dish antennas shall not be mounted on chimneys.
(g) 
When not roof-mounted, the dish antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier to adjoining houses and to the street. Before a permit will be issued for the erection of a dish antenna, a screening plan must be submitted to and approved by the local Municipal Planning Commission.
(8) 
I8 Commercial Accessory Office. An accessory office is a clerical, administrative or professional use normally associated with a principal commercial or industrial use of a building, lot, or portion thereof. An accessory use office is an incidental component of a permitted principal use of structure or lot, and shall be subject to the requirements of the F3 use of this chapter.
(9) 
I9 Accessory Retail Use. An accessory retail use open to the public and incidental to those uses permitted in the VC, VC2, C1, C2, and LI Districts and clearly connected to the principal use subject to the following conditions:
[Amended 5-20-2019 by Ord. No. 2019-1]
(a) 
The accessory retail use shall not exceed 10% of the gross floor area of the principal use.
(b) 
The accessory use shall be conducted entirely within the building housing the principal use and shall be under the same ownership as the principal use.
(c) 
No new building or structure shall be established for the accessory retail use.
(d) 
Parking. Parking shall conform to the requirements of the G3 Retail Store use set forth in this chapter consistent with the proposed square footage of the new accessory use.
(10) 
I10 Geothermal Energy System. A system that uses a heat pump to extract heat from the earth in heating and/or reject heat into the earth in cooling mode. It may also be referred to a geothermal heat pump system, a ground-coupled heat pump system, an earth-source heat pump system, and a GeoExchange system.
[Added 10-18-2021 by Ord. No. 2021-02]
(a) 
It shall be unlawful to install a new geothermal well or modify an existing geothermal well without all necessary permits, including, but not limited to, zoning permits and grading permits. Permit applications shall be accompanied by a site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed closed-loop geothermal system, bore holes, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings.
(b) 
Open-loop geothermal systems (geothermal systems which expel the water after it leaves the structure) are prohibited.
(c) 
Closed-loop geothermal energy systems shall be permitted by right in every zoning district, provided that such systems are located on the same lot with the permitted use it serves.
(d) 
The geothermal system must be installed, maintained, and decommissioned in standards conforming to IGSHPA Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, as same may be amended and updated from time to time and as per the manufacturer's specifications, as well as all zoning, building code, and utility requirements.
(e) 
Only a Pennsylvania Department of Environmental Protection-licensed well driller, or an IGSHPA-accredited geothermal system installer, shall drill a geothermal well. In all cases, the well drilling rig must also be approved by the Pennsylvania Department of Environmental Protection.
(f) 
All structural components of a geothermal energy system shall comply with the building setback requirements, lot and impervious surface coverage requirements of the zoning district in which it is located.
(g) 
Minimum isolation (setback) distance. In addition to the setbacks required in the applicable zoning district, the wells and boreholes associated with a geothermal energy system shall be located using the minimum isolation (setback) distances to existing or potential sources of pollution listed in Table 1.
Table 1 Setback Distances
Setback From
Borehole and Geothermal Supply and Geothermal Return Well
(feet)
Delineated wetlands, floodplains, lakes, ponds, or other surface waters
At least 25 feet
Storm drains, retention basins, stabilization ponds, or stormwater management facilities
At least 10 feet
Preparation area or storage area of hazardous spray materials, fertilizers, chemicals, or salt piles
At least 300 feet;
At least 150 feet (if borehole is cased and grouted inside and out)
Gravity sewer lines and drains carrying domestic sewage or industrial waste
At least 15 feet or according to easement
Existing water and forced sewer buried utilities and/or utility trenches
At least 15 feet or outside easement
Septic tanks, aerobic tanks, or holding tanks
At least 25 feet
Subsurface sewage disposal systems, elevated sand mounds, or other sewage disposal fields
At least 50 feet
Sewage seepage pits and cesspools
At least 25 feet
Farm silos, barnyards, privies, and fuel tanks
At least 25 feet
Spray irrigation sites, sewage sludge, and septage disposal sites
At least 25 feet
Dedicated public right-of-way and property lines
At least 10 feet
Building foundations (except for buildings enclosing water wells and/or water well pumps and any other source of pollution as approved)
At least 10 feet
Identified NPL site (Superfund) plume area
At least 300 feet
Any other source or potential source of pollution
At least 300 feet
(h) 
The minimum required backfilling material for geothermal energy system boreholes is bentonite or comparable material. Bentonite grout or comparable material shall be pure, with at least 20% solids by weight when mixed with water. Hydration of the bentonite or comparable material must be delayed until the bentonite or comparable material has been placed down the well. It is recommended that the vertical boreholes are grouted from the bottom of the well to the top using an appropriate grout with thermal transfer properties. If the borehole penetrates bedrock, it must be grouted from a depth of 15 feet into the bedrock to the top of the borehole.
(i) 
Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector when requested by the Township to determine if the geothermal system is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to the Township, and the Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system in accordance with the following section.
(j) 
Decommissioning. The landowner or geothermal energy system operator shall, at its expense, complete decommissioning of the geothermal system within 12 months after the end of the useful life. The geothermal system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months. The removal of the aboveground geothermal system components shall be completed within six months of decommissioning. All disturbed earth shall be restored, graded, and reseeded. The landowner shall secure a permit to decommission the geothermal energy system, and the landowner shall be responsible for the following financial and inspection provisions as part of the decommissioning efforts:
[1] 
The landowner or facility operator shall execute a maintenance agreement.
[2] 
An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the geothermal system. All such inspection fees shall be paid by the applicant or landowner.
[3] 
If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with the laws of Warwick Township and the Commonwealth of Pennsylvania. This includes use of any escrow provided in accordance with decommissioning.
(11) 
I11 Wind Energy Conversion System. A wind energy conversion system is a device which converts wind energy to mechanical or electrical energy and which is permitted as an accessory use and structure in accordance with the following regulations:
(a) 
A wind system shall be permitted as an accessory use only.
(b) 
Uses for which the wind system is a permitted accessory use are: A Agricultural uses; B Residential uses on sizes of greater than three acres; and H Industrial uses.
(c) 
No wind system shall be permitted in any open space area that has been set aside, either as part of a development or preserved through a township, county, state, federal, or conservancy preservation program.
(d) 
A wind energy conversion system may be a freestanding pole structure or may be attached to another unoccupied structure or building.
[Amended 10-18-2021 by Ord. No. 2021-02]
(e) 
Every proposed wind system, whether freestanding or attached to another structure, shall be designed and engineered to provide for safe operation. Detailed engineering plans, prepared by a licensed professional engineer, for all proposed wind systems shall be submitted with applications for approval. If an attached system is proposed, these engineering studies shall demonstrate to the satisfaction of the Township that the wind system shall not compromise the structural integrity of the building to which it is attached.
(f) 
Maximum height. The maximum height of any wind system is 75 feet from finished grade. This height shall include the pole or mounting structure and the blade when extended to its highest position. The pole or mounting device shall not exceed 60 feet.
(g) 
All wind systems shall be set back a minimum of 300 feet from any street or property line.
(h) 
The power generated by any wind system shall not be sold to any other customers except a public utility and shall be limited to use on the lot where the system is located.
(i) 
All facilities shall meet the applicable electrical codes and shall be performed by a licensed electrical contractor.
(j) 
Minimum lot size. The minimum lot size on which a wind energy system is permitted is three acres, or the minimum lot size for the use to which it is accessory, whichever is greater. There shall be no more than one wind energy system on any lot of three acres or less in size. For each wind energy system on any lot, there shall be a minimum of three acres for each system.
(k) 
No wind system shall be permitted within 300 feet of any identified floodplain area in the Township.
[Amended 3-16-2015 by Ord. No. 2015-5]
(l) 
Nuisance standards. All wind energy conversion systems shall be designed to avoid any adverse impacts on surrounding properties. No lights shall be permitted on the wind system, unless required by the Federal Aviation Administration. All applications shall contain information on proposed color, orientation, design of the system, and any electrical interference effects.
[Amended 10-18-2021 by Ord. No. 2021-02]
(m) 
Access control. Access to the system shall be controlled by a fence with a height of eight feet with locking portal. The ground level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.
(n) 
A minimum of one hazard warning sign at a maximum of two square feet shall be posted near ground level on the fence or on the tower structure. Guy wire anchor points and guy wires (up to a height of 10 feet from the ground) shall be clearly marked.
[Amended 10-18-2021 by Ord. No. 2021-02]
(o) 
The electric and utility lines to and from a wind system shall be underground.
(p) 
Decommissioning. The landowner or energy facility operator shall, at its expense, complete decommissioning of the wind energy conversion system within 12 months after the end of the useful life. The wind energy conversion system will be presumed to be at the end of its useful life if no energy is generated for a continuous period of 12 months. The removal of the wind energy conversion system components shall be completed within six months of decommissioning. All disturbed earth shall be restored, graded, and reseeded. Unless otherwise required by the Township, the landowner shall be responsible for the following financial and inspection provisions as part of the decommissioning efforts:
[Added 10-18-2021 by Ord. No. 2021-02[22]]
[1] 
The landowner or facility operator shall execute a maintenance agreement.
[2] 
An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the wind energy conversion system. All such inspection fees shall be paid by the applicant or landowner.
[3] 
If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with the laws of Warwick Township and the Commonwealth of Pennsylvania. This includes use of any escrow provided in accordance with decommissioning.
[22]
Editor's Note: This ordinance also repealed former Subsection I(11)(p), Abandonment.
(q) 
Conditional use approval. Wind energy systems shall be permitted by conditional use only.
(r) 
Natural resource protection standards. All wind energy systems shall meet the environmental protection standards, Article XIX, of this chapter.
(s) 
All wind energy conversion systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
[Added 10-18-2021 by Ord. No. 2021-02]
(t) 
Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector when requested by the Township to determine if the wind energy conversion system is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to the Township, and the Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system in accordance with the subsection above.
[Added 10-18-2021 by Ord. No. 2021-02]
(12) 
I12 Small-Scale Solar Energy System. Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity, that may be mounted on a building or on the ground and is not the principal use of the property.
[Amended 11-7-2011 by Ord. No. 2011-12]
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
(b) 
Applicability.
[1] 
This subsection applies to small-scale solar energy systems to be installed and constructed after the effective date of this subsection, and all applications for small-scale solar energy systems on existing structures or property. Small-scale solar energy systems constructed prior to the effective date of this subsection shall not be required to meet the requirements of this subsection; provided that any structural change, upgrade or modification to an existing small-scale solar energy system that materially alters the size or placement of the existing small-scale solar energy system shall comply with the provisions of this Section.
[2] 
Small-scale solar energy systems and solar panels associated therewith as ground arrays shall be subject to the following:
[a] 
Small-scale solar energy systems located as ground arrays shall be permitted only on lots of two acres or greater.
[b] 
Small-scale solar energy systems located as ground arrays shall be set back the same as setbacks for principal uses in the district, provided that no solar panel shall be located closer to the property line than 1.1 times the height of the solar panel.
[c] 
Small-scale solar energy systems located as ground arrays shall be located no closer than 20 feet from any structure, including structures on the same lot as the ground array solar panel.
[d] 
Small-scale solar energy systems located as a ground array shall be considered impervious and considered as such in the calculation of the maximum impervious surface ratio.
[e] 
Small-scale solar energy systems shall not be permitted in a front yard.
[f] 
Small-scale solar energy systems located as ground arrays shall be located so that any reflection is directed away or is properly buffered from an adjoining property.
[g] 
Small-scale solar energy systems located as ground arrays shall not exceed a height at the highest point of the structure, of 20 feet.
[3] 
Small-scale solar energy systems and roof-mounted solar panels associated therewith shall be subject to the following regulations:
[a] 
Permitted roof-mounted small-scale solar energy systems shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation) or separate flush-mounted solar panels attached to the roof surface.
[b] 
Integrated or separate flush-mounted small-scale solar energy systems and solar panels associated therewith shall be located on a rear- or side-facing roof, as viewed from any adjacent street, unless such installation is proven to be ineffective or impossible. Small-scale solar energy systems and solar panels associated therewith may be located on any part of a roof of an accessory structure which is located entirely behind the principal structures, as viewed from any adjacent street. The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation. Front-facing installation may be permitted by conditional use in accordance with the following provisions:
[i] 
The applicant must indicate valid reasons as to why this is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by Warwick Township and reviewed by the Warwick Township Engineer and any other Township professional deemed necessary.
[c] 
Any roof-mounted small-scale solar energy system or solar panels associated therewith other than those described in Subsection I(12)(b)[3][a] and [b] of this section, shall be permitted as a conditional use in accordance with the following conditions:
[i] 
Such other small-scale solar energy system shall be located on a rear- or side-facing roof, as viewed from any adjacent street.
[ii] 
Such other roof-mounted small-scale solar energy system shall not exceed a height of three feet from the rooftop at any point. Parts of small-scale solar energy systems, including but not limited to solar panels installed on a building or structure with a sloped roof, shall not project vertically above the peak of the roof to which they are attached or project vertically more than five feet above a flat roof installation.
[iii] 
The applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed small-scale solar energy system is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board of Supervisors and may be reviewed by any other Township professional that the Board of Supervisors deems necessary.
[d] 
In no event shall the placement of any small-scale solar energy system result in a total height exceeding 35 feet.
[e] 
The electricity generated from the small-scale solar energy system shall only be used on the property on which it is generated. Selling or sharing electricity generated by the small-scale solar energy system or solar panel is prohibited, provided that no more than 10% of the electricity generated on the property daily may be sold to an electric utility.
(c) 
Design and installation.
[1] 
To the extent applicable, the small-scale solar energy system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et seq.
(d) 
The design of the small-scale solar energy system shall conform to applicable industry standards.
(e) 
On existing construction, a small-scale solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.
(f) 
Easements.
[1] 
On plans for new subdivision or land development that propose to provide for small-scale solar energy systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded declaration of covenants, concerning the placement of structures and vegetation as they relate to the small-scale solar energy systems. The terms of the declaration of covenants shall be as approved by the Township Solicitor.
[2] 
An applicant submitting a building permit plan not subject to subdivision or land development regulations shall submit evidence that an easement, the terms of which have been approved by the Township Solicitor, has been obtained from adjoining landowner(s) concerning the placement of structures and vegetation as they relate to the proposed small-scale solar energy system.
(g) 
Maintenance and decommissioning of solar energy system.
[Added 10-18-2021 by Ord. No. 2021-02[23]]
[1] 
Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector when requested by the Township to determine if the small-scale solar energy system is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to the Township, and the Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system in accordance with the following subsection.
[2] 
Decommissioning. The landowner or energy facility operator shall, at its expense, complete decommissioning of the small-scale solar energy system within 12 months after the end of the useful life. The small-scale solar energy system will be presumed to be at the end of its useful life if no energy is generated for a continuous period of 12 months. The removal of the small-scale solar energy system components shall be completed within six months of decommissioning. All disturbed earth shall be restored, graded, and reseeded. Unless otherwise required by the Township, the landowner shall be responsible for the following as part of the decommissioning efforts:
[a] 
The landowner or facility operator shall execute a maintenance agreement.
[b] 
An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the small-scale solar energy system. All such inspection fees shall be paid by the applicant or landowner.
[c] 
If the landowner or facility operator fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with the laws of Warwick Township and the Commonwealth of Pennsylvania. This includes use of any escrow provided in accordance with decommissioning.
[23]
Editor's Note: This ordinance also repealed former Subsection I(12)(g), Abandonment and removal of solar energy systems.
(h) 
Small-scale solar energy systems shall not be used for displaying any advertising, except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
(i) 
The design of small-scale solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(j) 
The installation of small-scale solar energy systems is subject to all utility providing electric service requirements for interconnection.
(k) 
This section's height provisions shall supersede all height provisions of other sections with respect to solar energy systems. The highest point of solar panels on rooftops shall not exceed 35 feet.
(13) 
I13 Outdoor Furnaces. "Outdoor furnace" means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
(a) 
Regulations applicable to all outdoor furnaces.
[1] 
In addition to the regulations set forth in this chapter, outdoor furnaces shall comply with any and all regulations promulgated by the Pennsylvania Department of Environmental Protection (PADEP). All outdoor furnaces shall be installed, operated, and maintained in strict conformance with manufacturer's instructions and the regulations promulgated by the PADEP and set forth in this chapter unless the manufacturer's instructions are stricter than the regulations promulgated hereunder, in which case the manufacturer's instructions shall apply.
[Amended 3-7-2011 by Ord. No. 2011-1]
[2] 
The outdoor wood-fired furnace may burn only those materials approved by PADEP.
[Amended 3-7-2011 by Ord. No. 2011-1]
[3] 
No person may operate an outdoor furnace unless it is upon a lot of at least two acres in size. Any outdoor wood-fired furnace shall meet the required setbacks for principal uses in the district in which the furnace is located, provided that in no event shall a furnace be less than 50 feet from the nearest property line nor less than 200 feet from the nearest residence which is not served by the furnace.
[Amended 3-7-2011 by Ord. No. 2011-1]
[4] 
The chimney height shall be determined by the distance from the nearest residence not served by the furnace as follows:
[a] 
Fifty feet to 100 feet: height of the eave line of the tallest residence not served plus two feet.
[b] 
One hundred feet to 250 feet: 75% of the height of the eave line of the tallest residence not served plus two feet.
[c] 
Two hundred fifty feet or more: minimum of manufacturer's recommendation.
[d] 
Due to the rolling topography of the Township, there may be circumstances where the furnace may be located in a depressional area, with adjacent home(s) located at a higher elevation. In these situations, the Township may require the chimney must be at a greater height, in order to be, in fact, higher than the eave of the adjacent house. The Zoning Hearing Board, upon recommendation from the Building inspector, may approve a lesser height on a case-by-case basis if necessary to comply with manufacturer's recommendations and if the property owner can demonstrate that the smoke from the lower chimney height does not create a nuisance for neighbors. Any exception to required height granted under this subsection is contingent upon the lower height not being a nuisance to neighboring residences and is subject to further modification by the Zoning Hearing Board.
[5] 
The outdoor wood-fired furnace shall be operated and maintained to meet all emission standards required by the Environmental Protection Agency (EPA) and the Underwriter's Laboratory (UL) listing. This documentation must be provided at the time the permit is applied for.
[6] 
All processed wood products used for fuel in outdoor wood-fired furnaces must be screened from sight. Processed wood products include, but are not limited to, pallets, crates and cut lumber. These fuel items must be screened from public view of roads and lot lines. Screening may consist of solid fences, evergreens or similar types of fencing. All nonprocessed wood products used for fuel in outdoor wood-fired furnaces may be stored on the property without required fencing. Nonprocessed wood products would be cut wood that has not been treated with paint, stain or any other products.
[7] 
Outdoor furnaces shall be a Phase 2 type, as certified by the United States Environmental Protection Agency (EPA) as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output, and labeled accordingly. Phase 2 outdoor wood-fired boiler models will be identified with a white hangtag. The furnace shall be a premanufactured self-contained system with a lockable fuel feed chute and ash door. The furnace boiler shall also have a permanently attached smokestack.
[Added 10-18-2021 by Ord. No. 2021-02]
[8] 
Maintenance. The landowner is responsible for maintaining the system in a safe and operable condition for the life of the system. The landowner shall consult with a qualified inspector when requested by the Township to determine if the outdoor furnace is operating in accordance with the specifications of the manufacturer. A copy of the report shall be submitted to the Township, and the Township shall have the right to inspect. Any noted deficiencies are to be corrected to maintain the system in operable condition unless the intent is to decommission the system.
[Added 10-18-2021 by Ord. No. 2021-02]
(b) 
Permits required.
[1] 
No person shall install, use, or maintain an outdoor wood-fired furnace without first having obtained a zoning permit and a building permit from the Township Building Inspector.
[2] 
Permit fees shall be established by resolution of the Board of Supervisors.