Township of Mount Joy, PA
Lancaster County
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Table of Contents
Table of Contents
Structures permitted above the height limit are roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts, radio and television antennas, utility poles, water tanks or similar structures not intended for human occupation. No penthouse nor roof structure nor any space above the height limit shall be allowed for the purpose of providing additional floor space for residential or commercial use.
No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per dwelling unit, lot width or other requirements of this chapter are not maintained. This restriction shall not apply when a portion of a lot is acquired for a public purpose.
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
A. 
Each lot to be created and each principal structure erected or moved shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Township by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 119, Subdivision and Land Development.
B. 
A paved all-weather driveway with a properly designed turnaround facility shall be provided on all lots that have access to collector and arterial roads in order that vehicles leaving the property can enter onto the roadway front first, rather than backing onto the roadway. Collector and arterial roads shall be those designated as such in this chapter.
More than one principal use may be established on a single lot in accordance with the following requirements:
A. 
The minimum lot area required for lots which have more than one principal use shall be calculated by adding the minimum lot areas required for each use as though each use were located on a separate lot.
B. 
Each structure housing a principal use shall meet all requirements of this chapter. The applicant for such principal uses shall present a plan which shall demonstrate that each proposed principal use meets all requirements of the district in which the use is located, except as such requirements may be modified by this section.
C. 
When a second or subsequent principal building is constructed upon on a lot, such building shall be located in such a manner so that the lot may be subdivided in the future without such principal buildings being in conflict with the requirements of this chapter. The applicant shall obtain land development approval prior to obtaining a zoning permit for the erection of such second or subsequent principal building.
D. 
An applicant may, by special exception, establish a second or subsequent principal use in buildings existing on a lot on the effective date of this section where the location of the existing buildings will not comply with Subsections A through C above if the applicant demonstrates compliance with all of the following requirements:
(1) 
The size or configuration of the existing structures makes a single use of the structures impractical.
(2) 
The principal uses proposed for the lot are compatible with each other and are permitted in the district in which the lot is located.
(3) 
The establishment of the proposed uses will not be detrimental to the surrounding neighborhood.
(4) 
The establishment of the proposed uses will not prevent future subdivision or reuse of the lot.
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub, crops or other growth shall be maintained which may cause danger to vehicles or pedestrians on a public road, access drive or driveway by obscuring the view.
If the rear of a dwelling would abut a public street, then the rear yard shall be increased by 10 feet. This space shall be used as a landscape screen to screen the public street or expressway from view. Parking and building shall be prohibited within the buffer area. The use of the buffer area for access drives and driveways shall be limited. Buffer areas shall contain a landscape screen and other materials as permitted by § 135-299.
Lighting of properties and uses shall comply with the following provisions:
A. 
Definitions. Refer to Article IV.
B. 
Legislative intent. It is the intent of the Board of Supervisors in adopting these regulations to:
(1) 
Promote indirect lighting standards that will enhance the safety and enjoyment of pedestrians, bicyclists, and motorists.
(2) 
Prevent the creation of nuisances caused by unnecessary intensity and glare of outdoor lighting onto neighboring properties, roadways, and into the night sky.
(3) 
Promote lighting practices and systems to conserve energy without decreasing safety.
(4) 
Protect and retain the rural character of the Township.
C. 
Illumination requirements.
(1) 
Under-canopy lighting, for such applications as gas/service stations, hotel/theater marques, fast-food/bank/drugstore drive-ups, shall be accomplished using flat-lens, full cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles.
(2) 
Wall-mounted luminaires intended for parking lot illumination on commercial, industrial, nonresidential, and multifamily residential buildings and structures shall have fixtures that cut off direct light from view. All parking lot and site perimeter lighting shall be located on poles or at ground level and must be directed towards the property interior. All luminaires designed for entryways and decorative purposes on nonresidential and multifamily residential buildings and structures which exceed 2,000 lumens (150-watts incandescent) shall have fixtures that cut off direct light from view.
(3) 
All nonresidential site light sources, and residential light sources higher than 12 feet, shall be directed away from public streets and private properties. The lamps shall be shielded in a manner so that they are not visible from the adjoining property. Sensor-controlled lamps exceeding 2,000 lumens (150-watts incandescent) shall have cutoff-type luminaires.
(4) 
Parking lot lighting designs may include luminaires of a particular "period" or architectural style as an alternative or supplement to the cutoff luminaires, provided that:
(a) 
If the fixtures are not cutoff luminaires, the maximum output shall not be more than 2,000 lumens (150-watts incandescent).
(b) 
Maximum luminaire mounting height shall not exceed 15 feet.
(5) 
In parking lots, luminaires shall be located on mast arms, where necessary, such that trees do not interfere with the required lighting.
(6) 
Parking facility, vehicular and pedestrianway lighting (except for safety, security applications and all-night business operations) for commercial, industrial, and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operations. When safety and security lighting is proposed for after-hours illumination, it shall not be in excess of 33% of the number of fixtures required or permitted for illumination during regular business hours.
(7) 
Recreational lighting for playing fields shall be permitted to have fixtures with a maximum height of 35 feet above finished grade, and the luminaires must be fully shielded and have a cutoff angle of light less than 90°.
(8) 
When required, streetlights shall be constructed in accordance with the regulations of Chapter 119, Subdivision and Land Development, except to the extent in which streetlights are required for a specific use as indicated in this chapter.
(9) 
Temporary holiday and special event lighting is permitted and shall be placed to prevent glare.
(10) 
Flood and/or spot lights shall be so shielded, installed, and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway or pedestrianway.
(11) 
Barn light (a.k.a. "dusk-to-dawn lights"), where visible from other properties, shall not be permitted unless fully shielded.
(12) 
Luminaries shall not be permitted which shine into the night sky. Flood and/or spot lights utilized for the uplighting of building facades and landscaping shall have luminaires with a maximum output of no more than 1,800 lumens (100 watts incandescent) and shall be completely shielded to prevent glare into the night sky.
(13) 
All flags and flagpoles may be illuminated from dusk till dawn. Flag lighting sources shall not exceed 10,000 lumens (750 watts incandescent) per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.
(14) 
Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted, and aimed to place the light output onto and not beyond the sign or billboard. (Refer to Article XXIV, Sign Regulations).
(15) 
Interior illuminated signs shall consist of colored or opaque backgrounds utilizing lighter-colored text. (Refer to Article XXIV, Sign Regulations).
(16) 
Light Trespass Requirements.
(a) 
The maximum permitted illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.
(b) 
The maximum permitted illumination projected away from any property to a nonresidential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.
(17) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement.
(18) 
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this section that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
(a) 
Minor corrective action, such as re-aiming or shielding can achieve conformity with applicable requirements of this chapter.
(b) 
It is deemed by the Township to create a safety hazard.
(c) 
It is replaced by another fixture or fixtures, abandoned, or relocated.
(d) 
There is a change in use.
(19) 
Emergency lighting, as may be required by any public agency while engaged in the performance of its duties is exempt from the provisions contained within this chapter.
(20) 
Federal- and state- required security lighting shall be exempt from the provisions contained within this chapter.
D. 
Exterior lighting plan.
(1) 
Any applicant for any approval shall submit an exterior lighting plan with the initial application. If the proposed use is authorized by special exception, the applicant shall present the exterior lighting plan as part of the application for a special exception. If the proposed use is as of right and requires subdivision or land development approval, the applicant shall submit an exterior lighting plan with the sketch plan if a sketch plan is mandatory or, if a sketch plan is not mandatory, with the preliminary subdivision or land development plan. Applicants desiring to install exterior lighting who do not require approval of a special exception or a subdivision or land development plan shall submit an exterior lighting plan with the application for a zoning permit.
(2) 
An exterior lighting plan shall include, but not be limited to, a detailed grid of illumination levels, a calculation as to the average illumination levels, the number of lighting fixtures, the height and location of the mounting fixtures, including the underside of any canopies, details as to how lighting will be recessed, and required details of how lighting will be shielded and the angle of the shielding when required, and details of any building- or canopy-mounted lighting to show that the outline and roofline provisions have been met.
A. 
Any part of a commercial, industrial, institutional or multifamily dwelling lot that is not used for structures, loading areas, parking areas, driveways, access drives, storage areas and walkways shall be planted or landscaped in accordance with an overall landscaping plan to be approved by the Township.
B. 
Landscaping requirements.
(1) 
All nonresidential and multifamily dwelling uses, with the exception of agricultural uses, shall contain a landscape strip in all yards. All landscape strips shall be a minimum of 10 feet wide unless a greater width is required by another section of this chapter.
(2) 
Any required landscaping (landscape strips and interior landscaping) shall include a combination of the following elements: deciduous trees, ground covers, evergreens, shrubs, vines, flowers, rocks, gravel, earth mounds, berms, walls, fences, screens, sculptures, fountains, sidewalk furniture, or other approved materials. Artificial plants, trees, and shrubs may not be used to satisfy any requirement for landscaping or screening. No less than 80% of the required landscape area shall be vegetative in composition, and no outdoor storage shall be permitted within required landscape areas.
(3) 
For every 750 square feet of required landscape strip, one shade/ornamental tree shall be provided in the required landscape strips. If deciduous, these trees shall have a clear trunk at least five feet above finished grade; if evergreen, these trees shall have a minimum height of six feet. All required landscape strips shall have landscaping materials distributed along the entire length of the lot line abutting the yard, but shall not necessarily be required to have a uniform separation distance along the entire length of the landscape strip.
[Amended 1-6-2014 by Ord. No. 284-2014]
C. 
Buffer/screening requirements.
(1) 
All nonresidential and multifamily dwelling uses, with the exception of agricultural uses, shall contain a landscape screen, in addition to the required landscape strip, when such use is adjacent to a residential zone or to a property that is available for residential use. The landscape screen may overlap with a required setback or residential buffer strip and shall be a minimum of 10 feet in width, unless a greater width is required by another section of this chapter.
(2) 
The following materials may be used within a landscape screen: evergreens (trees, hedges, or shrubs), decorative masonry walls or decorative fencing in accordance with § 135-315, earth berms, or other approved similar materials. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged so as to block the ground level views between grade, and a height of six feet (6), unless a more stringent regulation exists for a particular use. Landscape screens must achieve this visual blockage within three years of installation.
D. 
Parking area landscaping.
(1) 
Landscaped strip. When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire streetline. Unless a greater width is required by this chapter for a specific use, the landscape strip shall be a minimum of 15 feet wide. The width of the strip shall be measured from the ultimate street right-of-way line. The strip may be located within any other landscaped strip required to be located along a street. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip.
(2) 
Interior landscaping.
(a) 
In any parking area containing 15 or more parking spaces (except a parking garage), 5% of the total area of the parking lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows and to break up rows of parking spaces at least every 15 parking spaces, and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet (or fraction) of required interior landscaping area. These trees shall have a clear trunk at least five feet above finished-grade level.
(b) 
Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to insure no greater overhang.
(c) 
If a parking lot of fewer than 15 spaces is built without interior landscaping, and later additional spaces are added so that the total is 15 or more, the interior landscaping shall be provided for the entire parking lot.
(3) 
Screening. Unless otherwise indicated, when a parking lot is located on property that adjoins land in a residential zone or land that is available for residential use, the parking lot shall be screened from the adjoining residential property.
(4) 
Trees planted in or around the parking lot shall have a minimum trunk diameter of two inches measured at a height six inches above finished grade.
E. 
General landscaping requirements.
(1) 
Trees and shrubs shall be native plant species to our area; have normal growth habits, well-developed branches, densely foliated, vigorous, fibrous root systems. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project. Any tree or shrub that dies shall be replaced. All landscaping and screening treatments shall be properly maintained.
(2) 
All plantings shall be so placed that, at maturity, it will not prevent passage on a sidewalk, trail or other pedestrian way. A clear sight triangle shall be maintained at all private accessways and all private and public street intersections.
(3) 
All landscaping shall be resistant to disease, healthy and planted in accordance with good nursery practice. Any trees that do not survive shall be replaced within the following eight months by the current owner of the property.
(4) 
Healthy existing trees that will be preserved and protected may be substituted for the planting of new trees within any required landscape strip or screen.
F. 
Chapter 119, Subdivision and Land Development, contains additional landscaping requirements. Such requirements are in addition to the requirements of this chapter. If any conflict between the chapters exists, the more stringent regulation shall apply.
Manufactured homes that are intended to be used as temporary dwelling quarters may be utilized on certain lots in accordance with the requirements below.
A. 
Manufactured homes for temporary residential use:
(1) 
Manufactured homes or trailers shall be permitted in any residential or agricultural district as temporary living quarters during the construction of single-family detached dwellings on the same lot by the occupants thereof.
(2) 
The permit for such a manufactured home or trailer shall expire six months from the date of issuance or upon completion of the single-family detached dwelling, whichever event shall occur earlier.
(3) 
Such manufactured home or trailer shall be completely removed from the lot upon expiration of the permit without cost to the Township.
(4) 
Any manufactured home or trailer erected on a lot pursuant to this section shall conform to all lot and yard requirements for single-family detached dwellings of the zoning district in which it is located.
(5) 
Only one manufactured home or trailer shall be permitted on each lot.
(6) 
Each manufactured home or trailer shall be provided with a potable water supply and an approved means of sanitary sewage disposal.
B. 
Manufactured homes for temporary residence as an accessory to agricultural uses. The Zoning Hearing Board may grant a special exception for the use of a manufactured home to be used as temporary living quarters for farm laborers in any district as an accessory to an approved principal agricultural use. In addition to the requirements of this section, the Zoning Hearing Board may attach additional conditions of approval which the Board feels necessary in order to preserve and protect the character of the district in which the proposed use is to be located:
(1) 
At least one resident of the proposed manufactured home shall be employed on the same farm on which the mobile home will be placed.
(2) 
The manufactured home shall be set back a minimum distance of 60 feet from any street right-of-way and shall be set as close to the farm buildings as possible.
(3) 
The manufactured home shall be occupied at least 30 days a year by at least one person who is employed on the farm on which the manufactured home is located. If this is not complied with, the manufactured home shall be removed from the premises.
(4) 
The manufactured home shall be provided with a piped water supply and an approved means of sanitary sewage disposal.
(5) 
The manufactured home shall not count towards the maximum number of dwellings permissible on lot located in the A district.
[Amended 1-6-2014 by Ord. No. 284-2014; 5-19-2014 by Ord. No. 285-2014]
Public streets are hereby classified and ultimate street right-of-way widths and lines and widths are hereby established on all existing and proposed roads in the Township as follows:
A. 
Arterial streets. Arterial streets are used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by PennDOT.
(1) 
For the purposes of applying the standards in this chapter, the following roads shall contain an arterial road classification and contain an ultimate right-of-way width of 100 feet:
(a) 
South Market Street/West Main Street, also known as Pennsylvania Route 230 (S.R. 0230).
(2) 
For the purposes of applying the standards of this chapter, the following roads shall contain an arterial road classification and contain an ultimate right-of-way width of 80 feet:
(a) 
(Reserved)
(3) 
For the purposes of applying the standards of this chapter, the following roads shall contain an arterial road classification and contain an ultimate right-of-way width of 60 feet:
(a) 
Cloverleaf Road (S.R. 4025) between Route 230 and Mount Pleasant Road.
(b) 
North Hanover Street/Hershey Road, also known as Pennsylvania Route 743 (S.R. 0743).
(c) 
Merts Drive (T-833), entire length.
B. 
Collector streets. Collectors streets carry traffic from minor streets to the major system or arterial streets, including the principal entrance streets of a residential development and streets within such a development.
(1) 
For the purposes of applying standards of this chapter, the following roads shall contain a collector road classification and contain an ultimate right-of-way width of 80 feet:
(a) 
Ridge Run Road (T-316) between Route 230 and Cloverleaf Road (S.R. 4025).
(2) 
For the purposes of applying the standards of this chapter, the following roads shall contain a collector road classification and contain an ultimate right-of-way width of 60 feet:
(a) 
Campus Road (T-316) from College Avenue to Schwanger Road (T-843).
(b) 
Cloverleaf Road (S.R. 4025) from Mount Pleasant Road to Milton Grove Road.
(c) 
Elizabethtown Road (S.R. 4008), entire length.
(d) 
Greentree Road (T-320), entire length.
(e) 
Mount Gretna Road, also known as Pennsylvania Route 241 (S.R. 0241), entire length.
(f) 
Harrisburg Avenue (S.R. 4018), entire length including East and West.
(g) 
Milton Grove Road (T-326, S.R. 4025, and S.R. 4014), entire length including South and North.
(h) 
Mount Pleasant Road (S.R. 4010 and T-350), entire length.
(i) 
Ridge Road (T-855), entire length.
(j) 
Ridge View Road (T-318) from Mount Gretna Road to Ridge Road (T-855).
(k) 
Schwanger Road (T-843) from Campus Road to Ridge Run Road.
(l) 
Sheaffer Road (T-843 and T-888) from Anchor Road to Bear Creek Road (T-855).
(m) 
Snyder Road (S.R. 4017), entire length.
(n) 
Sunnyburn Road (S.R. 4039), entire length.
(o) 
Colebrook Road (S.R. 4025), entire length.
(p) 
East College Avenue (T-319) from Campus Road (T-316) to Sheaffer Road (T-888).
(q) 
Old Hershey Road (T-749) from Veterans Drive (T-301) to the Township Line.
(r) 
Koser Road (T-871 and T-318), entire length.
(s) 
Beverly Road (T-871) from Old Hershey Road (T-749) to Koser Road (T-871).
(t) 
Veterans Drive (T-301), entire length.
(u) 
Fairview Road (S.R. 4035), entire length.
(v) 
Anchor Road (S.R. 4018), entire length.
(w) 
Buckingham Boulevard, from Township Line to Old Hershey Road (T-749).
(x) 
Other collector streets identified on the Official Map.
C. 
Local access streets. All other streets not identified above shall be considered local access streets and shall contain an ultimate right-of-way width of 50 feet. Local streets are used primarily for access to the abutting properties.
D. 
Building setback lines on streets established or extended as part of a subdivision or land development shall be determined in accordance with the standards herein for building lines on arterial, collector or local access roads. The classification of any street established or extended shall be determined in accordance with Chapter 119, Subdivision and Land Development, and/or the Township Official Map.
E. 
Applicants that propose development which requires submission of a plan under Chapter 119, Subdivision and Land Development, along existing or future streets shall dedicate or reserve for future dedication additional right-of-way so that the street right-of-way width shall have the above-referenced right-of-way widths as according to the street classification.
F. 
The ultimate street right-of-way line shall be either a line parallel to and a distance of 1/2 the ultimate right-of-way width required in § 135-301A through C above from the street center line or the street right-of-way line, whichever is a greater distance from the street center line.
Domestic pets and other animals may be maintained in accordance with the following regulations:
A. 
In any zoning district, as an accessory use to a single-family dwelling, domestic pets may be maintained, provided that such maintenance does not create a health or safety hazard, and provided further that not more than four dogs over six months of age may be maintained. If an outdoor shelter and/or exercise pen is maintained, such shelter and/or pen shall be located in the rear yard and shall be at least 30 feet from any property line and shall be at least 50 feet from any residential dwelling on an adjoining property.
B. 
In any zoning district, as an accessory use to a single-family dwelling, up to two saddle horses or ponies may be maintained if the following criteria are satisfied:
(1) 
The minimum lot area shall be one acre.
(2) 
Any barn, stable or corral is located at least 100 feet from any lot line and 200 feet from any dwelling other than the dwelling of the owner.
C. 
In any zoning district, farm animals may be maintained as an accessory use to a single-family dwelling, provided that the following criteria are met:
(1) 
Any barn, stable or corral is located at least 100 feet from any lot line and 200 feet from any dwelling other than the dwelling of the owner.
(2) 
No more than two sheep or goats over the age of six months of age shall be maintained on a property less than two acres in size.
(3) 
No more than six sheep or goats may be maintained on a property which is greater than two acres in size and less than five acres in size.
(4) 
Up to 12 pigeons or fowl may be maintained if the area in which the pigeons or fowl are kept is enclosed by a fence which will contain such pigeons or fowl, all parts of which are at least 50 feet from any lot line and not closer than 100 feet to the nearest dwelling other than that of the owner.
(5) 
Pigs shall not be maintained as an accessory to a residential use.
(6) 
Noncommercial keeping of cattle may be permitted in the A district in compliance with the following regulations:
(a) 
Minimum lot area shall be five acres.
(b) 
A maximum of one head of cattle per acre may be kept on a lot, up to a maximum of ten heads of cattle.
(c) 
Any barn, stable, or corral shall be located at least 100 feet from any lot line and 200 feet from any dwelling other than the dwelling of the owner.
(d) 
All structures used to house noncommercial cattle shall be prohibited from placement in the front yard.
(e) 
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; such fencing must be set back at least 10 feet from all property lines.
(f) 
All animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line. All animals, their housing and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.
D. 
Beekeeping shall be permitted by right in any zoning district as an accessory use to a single-family dwelling, subject to the following regulations:
(1) 
Minimum lot area shall be five acres.
(2) 
It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance.
(3) 
Colonies shall be maintained in movable frame hives.
(4) 
Hives shall be located only within the rear yard and shall be situated to maximize sunshine exposure and/or natural wind protection.
(5) 
In no case shall hives be located within 25 feet of any property line.
(6) 
All hives shall have access to an on-site water supply. Unless a natural water supply exists on the subject property, the applicant shall furnish a water-filled tank with a board or crushed rock for the bees to land on.
(7) 
Hives shall not be oriented to children's play areas or neighboring properties.
(8) 
Adequate techniques in handling bees, such as requeening and adequate hive space, shall be maintained to prevent unprovoked stinging 75 feet or more from the hive.
A. 
Declaration of legislative intent. This section is adopted pursuant to the authority conferred by the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., and the Municipalities Planning Code. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Harrisburg International Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Harrisburg International Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of Harrisburg International Airport. Accordingly, it is declared that:
(1) 
Establishment of an obstruction has the potential of being a public nuisance.
(2) 
It is necessary in the interest of public health, safety, and general welfare that the establishment of obstructions that are a hazard to air navigation be prevented.
(3) 
The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
B. 
Definitions. Words and phrases in this section which are defined in the Aviation Code, 74 Pa.C.S.A. § 5102, shall have the meanings set forth therein. In addition, refer to definitions in Article IV. The definitions of the following terms shall apply for this section in lieu of the definitions in Article IV.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D herein.
STRUCTURE
Any object, including a mobile object, constructed or installed by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines in addition to those objects defined in Article IV.
C. 
Airport surface zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces, as they apply to Harrisburg International Airport. Such airport zones are shown on the Mount Joy Township Height Limitation and Zoning District Map prepared by the Pennsylvania Department of Transportation Bureau of Aviation and dated 1989, which is attached to this chapter and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows, recognizing that all such zones may not be located within the Township of Mount Joy:
(1) 
The Utility Runway Visual Approach Surface Zone shall be established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 150 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
The Utility Runway Nonprecision Instrument Approach Surface Zone shall be established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(3) 
The Runway Larger Than Utility Visual Approach Surface Zone shall be established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 1,500 feet in a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(4) 
The Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Fourths-Mile Nonprecision Instrument Approach Surface Zone shall be established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(5) 
The Runway Larger Than Utility With a Visibility Minimum As Low As Three-Fourths-Mile Nonprecision Instrument Approach Surface Zone shall be established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(6) 
The Precision Instrument Runway Approach Surface Zone shall be established beneath the precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(7) 
The Transitional Surface Zones shall be established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map.
(8) 
The Horizontal Surface Zone shall be established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 1,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal surface zone does not include the approach surface and transitional surface zones.
(9) 
The Conical Surface Zone shall be established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
D. 
Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1) 
The Utility Runway Visual Approach Surface Zone slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(2) 
The Utility Runway Nonprecision Instrument Approach Surface Zone slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(3) 
The Utility Runway Nonprecision Instrument Approach Surface Zone slopes 20 feet outward for each foot as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(4) 
The Runway Larger Than Utility Visual Approach Surface Zone slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(5) 
The Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Fourths-Mile Nonprecision Instrument Approach Surface Zone slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(6) 
The Runway Larger Than Utility With A Visibility Minimum As Low As Three-Fourths-Mile Nonprecision Instrument Approach Surface Zone slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(7) 
The Precision Instrument Runway Approach Surface Zone slopes 50 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
(8) 
The Transitional Surface Zones slopes seven feet outward for each foot upward, beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which for Harrisburg International Airport is 310 feet above mean sea level. In addition to the foregoing, when an airport has a precision instrument runway approach zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at ninety-degree angles to the extended runway center line.
(9) 
The Horizontal Surface Zone shall be established at 150 feet above the airport elevation or at a height of 460 feet above mean sea level for Harrisburg International Airport.
(10) 
The Conical Surface Zone slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(11) 
Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.
E. 
Use restrictions.
(1) 
Notwithstanding any other provisions of this chapter, no use may be made of the land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(2) 
The zones established by this section represent overlay zoning districts that are concerned with permitted height and safe operation of aircraft. The underlying zoning district shall prescribe all other zoning-related standards and uses which shall be imposed upon any lands within the Township. In those instances where an airport safety zone prescribes a height restriction different than that imposed by the underlying zoning district, the most restrictive standard shall apply.
F. 
Nonconforming structures or uses.
(1) 
Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or otherwise interfere with the continuance of a nonconforming structure or use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section, December 19, 1989, and is diligently pursued.
(2) 
Marking and lighting. Notwithstanding the preceding provision of this subsection, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport owner.
G. 
Permits.
(1) 
Future uses. Except as specifically provided in Subsection G(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with Subsection G(4) herein.
(a) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographical features, such tree or structure would extend above the height limits prescribed for such zones.
(b) 
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographical features, such tree or structure would extend above the height limit prescribed for such approach zones.
(c) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographical features, would extend above the height limit prescribed for transition zones.
(d) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any height limits established by this section except as set forth in Subsection G(4) herein.
(2) 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section, December 19, 1989, or any amendments thereto, or than it was when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(3) 
Nonconforming uses abandoned or destroyed. Whenever this chapter determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these regulations.
(4) 
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use property not in accordance with the regulations prescribed in this section may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will be the minimum variance necessary to grant relief, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the Zoning Hearing Board unless the applicant shall have furnished a copy of the application to the airport manager and to the registered owner of the real estate upon which the airport is located, for advice as to the aeronautical effects of the variance. If the airport manager or the other owner of the real estate upon which the airport is located does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.
(5) 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate and maintain the necessary markings and lights.
H. 
Enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this section to be submitted to the Zoning Officer shall be promptly considered and granted or denied. Applications for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer.
A. 
Mature forests and woodland preservation requirements. The purpose of the regulations of this section are to preserve mature forest and woodland areas which are essential elements of the local green infrastructure, and remaining locations of these prime woodlands should be conserved for future generations. These areas provide the highest quality habitat for native plant and animal species, provide natural beauty, facilitate groundwater recharge, slow runoff, and stabilize soils from erosion. The standards contained in this section are intended to maintain large areas of woodlands, especially those insulated from clearing and other impacts. Properties in the A, CR, and R Zoning Districts which contain mature forest and woodlands shall comply with the following regulations.
(1) 
At least 60% of areas defined as a mature forest or woodland area on a tract of land shall be retained as mature forest or woodland. Any land disturbances within a mature forest or woodland area shall occur as close as possible to a property line and/or the outer edges of the mature forest or woodland area in order to maintain the integrity of the continuous mature forest or woodland area.
(2) 
If in the event a landowner and/or developer demonstrates that the above preservation requirement is too substantial and would prevent a property from being developed with a use permitted by right or by special exception in the zoning district in which the property is located in and in strict compliance with any other Township, state or federal regulation, then the applicant may seek a special exception to reduce the preservation area below the required 60%, so that the development may occur within applicable Township, state or federal regulations. It shall be the landowner or applicant's responsibility to demonstrate that the minimum reduction to the preservation requirements is being requested in order to prevent unnecessary tree removal.
(3) 
Any subdivision plan, land development plan, or zoning permit application proposing the removal of any trees shall clearly illustrate the area of mature forest or woodland area that will be removed and the methods that will be utilized by the landowner and/or developer to ensure that the amount of tree removal will not create a violation of Subsection A(1) or A(2) above.
It is the purpose of these regulations to limit the amount of the removal of natural resources of the Township, protect the watershed areas from increased soil runoff which results in decreased water quality, and to prevent the loss of sensitive habitats and potential slope failures. This section shall not create liability on the part of Mount Joy Township or any officer or employee thereof for any damages that result from the reliance on this section or any administrative decision lawfully made hereunder.
A. 
Steep slopes greater than 15% shall be shown on all subdivision or land development plans or in the case where a subdivision or land development plan is not required, on a required site plan to be submitted with a zoning permit application. A differentiation of slopes between 15% and 25% and those greater than 25% shall be indicated on the plans. The Zoning Officer may require that the applicant submit a topographical survey prepared by an individual registered in the Commonwealth of Pennsylvania to prepare such surveys which shall show the degree of slope.
B. 
If more than 50% of the minimum required lot area is on slopes which exceed 20%, a minimum lot area of 40,000 square feet is required for each principal building to be constructed.
C. 
Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.
D. 
Grading requirements.
[Amended 3-16-2015 by Ord. No. 293-2015]
(1) 
Grading and earthmoving on all steep slopes shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except if one of the following applies:
(a) 
Where no reasonable alternatives exist for construction of roads, drainage structures, and other public improvements, earth cuts and fills' highest vertical dimensions shall not exceed 20 feet.
(b) 
The maximum vertical dimension of cuts or fills does not apply if an engineered retaining wall is constructed. The retaining wall shall be subject to review and approval under the Uniform Construction Code.
(2) 
Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can satisfactorily demonstrate to the Zoning Officer that steeper slopes can be stabilized and maintained adequately. The Zoning Officer may consult with the Township Engineer if needed. The landscape shall be preserved in its natural state insofar as practicable.
E. 
Any fill placed on a lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Zoning Officer. The Zoning Officer may consult with the Township Engineer if needed. Any retaining walls shall meet the standards of the Pennsylvania Uniform Construction Code.
F. 
Any cuts shall be supported by retaining walls or other appropriate retaining structures, when, depending upon the nature of the soil characteristics, such structures are required in order to prevent erosion and are approved by the Township Zoning Officer. The Zoning Officer may consult with the Township Engineer if needed.
The intent of the regulations of this section is to reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach water courses, floodplains, adjoining wetlands and subsurface and surface water bodies.
A. 
Riparian corridors of 75 feet in width on each side of the Conewago or Little Chickies Creek, measured from the top of each stream bank, shall be maintained free of any buildings or structures. In the event of a dispute on the location of the top of the primary bank of the stream, the location of the top of the primary bank shall be determined by the Township Engineer.
B. 
Riparian corridors of 30 feet on each side of any other stream or watercourse, measured from the top of each stream bank, shall be maintained free of any buildings or structures other than bridges, culverts, and other stormwater management facilities. As used in this section, "bridges and culverts" shall include the roadway approaches to such bridges and culverts. In the event of a dispute on the location of the top of the primary bank of the stream or watercourse, the location of the top of the primary bank shall be determined by the Township Engineer.
[Amended 3-16-2015 by Ord. No. 293-2015; 6-15-2015 by Ord. No. 295-2015]
C. 
Riparian corridors shall be extended to encompass, at a minimum, the entire one-hundred-year floodplain. If a delineated wetland is located adjacent to the riparian corridor, the entire wetland area shall be included with the riparian corridor and shall be subject to all standards for wetlands in this chapter.
D. 
The following performance standards shall apply to riparian corridors:
(1) 
Existing vegetated areas within the riparian corridor shall be preserved to the maximum extent possible.
(2) 
The planting of additional native trees, shrubs and other plant material and the removal of invasive species as determined necessary in order to create a suitable riparian canopy and understory within the riparian corridor shall be permitted.
(3) 
Septic drainfields and sewage disposal systems shall not be permitted within the riparian corridor and shall maintain a minimum distance of 100 feet from the top of a stream bank.
(4) 
Solid waste disposal facilities, mining operations and junkyards shall not be permitted within 300 feet of the top of a stream bank.
(5) 
Above or underground petroleum storage facilities shall not be permitted within 150 feet of the top of a stream bank.
(6) 
The application for biosolids shall not be permitted within 100 feet of the top of a stream bank.
(7) 
Storage and handling of any hazardous wastes must have impermeable surfaces designed to contain materials stored/handled from which they shall be directed to a predetermined collection point, which shall not be located within a riparian corridor.
(8) 
With the exception of the construction of pedestrian trails and associated observation decks or areas, waterway access, waterway restoration and enhancement, livestock crossings, and infrastructure and utility crossings, the filling, grading or excavating of riparian corridors, shall be prohibited.
(9) 
The grazing, housing or other maintenance of livestock within the riparian corridor shall be prohibited.
E. 
Major drainage swales. If an aboveground drainage swale is engineered to carry more than 25 cubic feet per second during a ten-year storm and is proposed to be placed within a required front, rear or side yard for a building, then the minimum width of such yard shall be 15 feet greater than the width that otherwise would be required.
F. 
The riparian corridor shall be placed within a conservation easement and any applicant for development of a lot which contains a riparian corridor shall enter into a recordable agreement with the Township providing for the permanent maintenance of the riparian corridor; such agreement shall be in a form acceptable to the Township Solicitor.
Wetlands are unique natural resources that serve multiple green infrastructure purposes, and should be conserved for their ecological functions and practical value. Their role in improving water quality, storing stormwater runoff, maintaining surface water flow, and providing habitat for flora and fauna are of high importance. The conservation of wetlands, as with riparian corridors, serves these purposes for the local community's benefit as well as the greater region that includes the Chesapeake Bay.
A. 
Wetlands shall not be altered, regraded, filled, piped, diverted, or built upon except where approvals have been obtained from the DEP and/or the United States Army Corps of Engineers.
B. 
Required buffer.
[Amended 3-16-2015 by Ord. No. 293-2015]
(1) 
Purpose. Buffers upland of an aquatic resource can, through various physical, chemical and biological processes, reduce impacts to wetlands from adjacent land uses. Buffers also provide the terrestrial habitats needed by many species of wildlife that use wetlands to meet some of their needs.
(2) 
General requirement. A twenty-five-foot buffer surrounding the wetlands boundary shall be conserved for naturally occurring vegetation or for the reestablishment of native plant species. The width of the buffer is measured along the horizontal plane.
(3) 
Alternative standard. In cases where the required twenty-five-foot buffer cannot be provided around the entire perimeter surrounding the wetlands boundary, the following shall apply:
(a) 
The total required buffer area shall be calculated using a twenty-five-foot buffer surrounding the wetlands boundary. The total buffer area shall be measured in units of area along the horizontal plane.
(b) 
The buffer may be reduced below 25 feet for a maximum of 25% of the perimeter of the wetlands boundary if the total buffer area provided is at least 110% of the total required buffer area calculated in Subsection B(3)(a). In no case shall the buffer be less than 15 feet.
(c) 
If use of the alternative standard in this subsection is proposed, the developed area shall be designed to prevent polluted stormwater runoff from discharging into the wetlands in the area where the buffer is less than 25 feet wide.
C. 
Septic drainfields and sewage disposal systems shall not be located within 100 feet of the wetlands boundary. The replacement of an existing sewage disposal system located within this setback line shall comply with the setbacks set forth herein.
D. 
The applications of biosolids shall not occur within the wetlands or within 100 feet of the wetlands boundary.
E. 
All wetland locations shall be placed within a conservation easement and any applicant for development of a lot which contains delineated wetlands shall enter into a recordable agreement with the Township providing for the permanent maintenance of the wetland area; such agreement shall be in a form acceptable to the Township Solicitor.
[1]
Editor’s Note: Former § 135-308, Floodplain provisions, as amended, was repealed 3-21-2016 by Ord. No. 299-2016. See now Ch. 70, Floodplains.
A. 
Purpose.
(1) 
To implement the community development objectives of the Mount Joy Township Comprehensive Plan, adopted as the Regional Strategic Plan of Conoy, Mount Joy, and West Donegal Townships and Elizabethtown Borough, dated April 29, 2010. Specifically, it is the intent of this section to ensure that any development occurs in harmony with existing cultural resources through the support, protection, preservation, and restoration of these resources.
(2) 
To implement the goals of the Mount Joy Township Park and Open Space Plan, dated August of 2006, specifically goal number 2, which is to provide for the preservation of areas and structures of historic, cultural or environmental significance.
(3) 
To promote the retention of community character through preservation of the local heritage by recognition and protection of historic and cultural resources.
(4) 
To establish a clear process by which demolition, relocation or removal of historic resources are reviewed by the Mount Joy Township Zoning Hearing Board.
(5) 
To establish a clear process by which proposed additions, alterations, rehabilitation, reconstruction and adaptive reuse of a historic resource are administratively reviewed by the Township Zoning Officer to ensure such change to the historic resource does not negatively impact the historic integrity of the resource.
(6) 
To mitigate the negative effects of proposed changes affecting historic resources.
(7) 
To encourage the continued use of historic resources and facilitate their appropriate reuse.
(8) 
To discourage the demolition of historic resources.
(9) 
To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC): Section 603(b)(5) which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources; Section 603(g)(2) which states that "zoning ordinances shall provide for protection of natural and historic features and resources"; Section 604(1) which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following:…preservation of the natural, scenic and historic values…."; and 605(2)(vi) whereby uses and structures at or near places having a unique historical, architectural or patriotic interest or value may be regulated.
B. 
Applicability.
(1) 
All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this article. In the event of a conflict between the provisions of the overlay district and the underlying zoning district, the provisions of this overlay shall apply.
(2) 
Covenants and easements. It is not the intent of this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions.
C. 
Definitions. Refer to definitions in Article IV. The definition of the following term shall be used for this section in lieu of the definition in Article IV:
ALTER OR ALTERATION
A change in the appearance of a building, structure, site or object.
D. 
Demolition, removal, or relocation of historic resources.
(1) 
General requirements. Demolition, removal or relocation of a historic resource shall be regulated in accordance with this section. No historic resource shall be demolished, removed or otherwise relocated without a receiving special exception approval from the Zoning Hearing Board and a zoning permit issued by the Zoning Officer under the provisions of this section, except for emergency demolitions. Emergency demolitions to protect the health, safety and welfare of the citizens of Mount Joy Township are regulated under the Property Maintenance Code, codified as Chapter 96 of the Mount Joy Township Code, and the Pennsylvania Uniform Construction Code, or its successors and the provisions of these codes shall take precedence over the provisions contained in this section.
(2) 
Special exception application.
(a) 
Applications for a special exception for demolition, removal or relocation of a historic resource shall be made in accordance with Article XXVIII.
(b) 
Criteria for review. Applicants for a permit to demolish, remove, or relocate a historic resource in whole or in part must provide, as part of their application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement which is believed to be correct. In each instance the burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The decision of the Township Zoning Hearing Board shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The goals and development objectives of the Township shall also be considered. The criteria for review shall be as follows:
[1] 
It is not feasible to continue the current use of the building.
[2] 
Other uses permitted within the underlying zoning district, either as permitted by right uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
[3] 
Adaptive use opportunities do not exist due to constraints related to the building, structure, or property.
[4] 
The building, it's permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
[5] 
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
[6] 
The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
[7] 
A proposed new building, structure, or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
[8] 
The building is structurally unsound.
[9] 
The denial of demolition would result in unreasonable economic hardship to the owner. Forms for the determination of economic hardship are available at the municipal office.
[10] 
Sale of the building or structure is impossible or impractical.
[11] 
Denial of demolition will deprive the property as a whole of all beneficial use.
(3) 
Associated land development plans. If application for a permit for demolition, removal or relocation of a historic resource is being requested to facilitate future development of the land, then said permit shall not be issued until the following additional requirements have been satisfied:
(a) 
Approval of the land development plan by the Mount Joy Township Planning Commission;
(b) 
Issuance of any necessary zoning approvals; and
(c) 
The recording of the approved subdivision or land development plan for the parcel where the demolition, removal, or relocation is proposed.
(4) 
Pre-demolition requirements. In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented. The extent of the documentation will be determined by the significance of the building(s). When documentation is complete the building shall be dismantled and any dismantled materials should be salvaged for reuse to the greatest extent possible.
(5) 
Denial of Demolition. If an application for demolition, removal or relocation has been denied, the applicant may challenge the Decision of the Zoning Hearing Board to the Court of Common Pleas in accordance with the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(6) 
Enforcement. Violations of this section shall be enforced in accordance with § 135-369 of this chapter.
E. 
Demolition of historic resources by neglect.
(1) 
General Requirements. Demolition by neglect is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation under the Township Property Maintenance Code.
(a) 
Codes violations. If the Zoning or Codes Enforcement Officer has cited a property owner of a historic resource for conditions that has or could lead to structural weakness, decay or deterioration in a building or structure and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited also for demolition by neglect under these provisions and be subject to the penalties contained herein. Enforcement notices shall be issued in accordance with § 135-367.
(b) 
The owner of unoccupied principal or accessory buildings or structures that has been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied historic resources. Said maintenance program shall be established in accordance with the Mount Joy Township Property Maintenance Code. A copy of the maintenance program shall be filed with the Township Zoning and Codes Enforcement Officer(s) and implementation begun in accordance with an established time-table.
[1] 
The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building and structure. Structural features requiring stabilization include, but may not be limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
[2] 
The exterior and interior of the building or structure may be inspected annually by the Zoning or Codes Enforcement Officer with the owner or the owner's agent to determine code compliance with the established maintenance program.
(2) 
Enforcement. Violations of this section shall be enforced in accordance with § 135-369 of this chapter.
F. 
Additions, alterations, rehabilitation and reconstruction of historic resources.
(1) 
General requirements. No alterations, additions, reconstruction or rehabilitation on or to a historic resource shall be completed until the Township Zoning Officer has issued a zoning permit which has been obtained in accordance with the provisions of this section.
(2) 
A narrative demonstrating that the alteration, addition, reconstruction or rehabilitation of the historic resource will be in substantial compliance with "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," published by the U.S. Department of the Interior, National Park Service, shall be provided with the zoning permit application. The ten standards for rehabilitation are reprinted in their entirety below:
(a) 
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
(b) 
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and special relationships that characterize a property will be avoided.
(c) 
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
(d) 
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(e) 
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
(f) 
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
(g) 
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(h) 
Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(i) 
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(j) 
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(3) 
Application procedures. Applications for any proposed alteration, addition, reconstruction or rehabilitation of a historic resource shall comply with the provisions in this section. The completed application shall be submitted to the Zoning Officer and shall include:
(a) 
A written description of the proposed alteration, addition, reconstruction or rehabilitation, including a description of how the applicant will meet the applicable requirements of Subsection F(2) above;
(b) 
A drawing or site plan at a scale designated by the Zoning Officer;
(c) 
Schematic architectural drawings of the proposed construction or alterations;
(d) 
Materials list and disposition of existing materials;
(e) 
Photographs prior to the alterations or additions being constructed and after construction and prior to issuance of a use and occupancy permit.
(4) 
The following alterations may be approved without the submittal of additional documents required by this section:
(a) 
In-kind replacements of windows, doors, finishes or similar items.
(b) 
Installation of full-light storm doors, shutters or other protective devices that are intended to prevent weathering and decay of the historic resource. Applicant must demonstrate that the protective devices will not diminish the historic integrity of the historical resource.
(c) 
Minor repainting, repair or maintenance to a historic building so long as the maintenance or repair work does not diminish the historic integrity of the historic resource.
(d) 
The construction, installation, replacement or repair of accessory buildings or structures, driveways, septic systems and associated earthmoving activities on a property that contains an historic resource but that will not alter the historic resource in any manner.
G. 
Permitted modifications to area and bulk provisions. In the interest of preserving the Township's historic resources and historic context of these resources, and to encourage appropriate use or reuse of historic resources and viewsheds, modifications to the lot size, dimension, and yard size shall be encouraged for plans affecting a historic resource and viewsheds. Allowable modifications shall be as follows:
(1) 
In a subdivision proposing to use the Cluster Development or Village Design Options, the lot size in said development may be adjusted downward if an identified historic resource is retained on a lot of sufficient size to retain its historic context. The historic resource should be appropriately buffered by a landscaping strip and screen from any proposed new construction.
(2) 
In a subdivision proposing to use the Cluster Development or Village Design Option, additional dwelling units may be created in excess of the maximum number of dwelling units otherwise permissible for an historic resource to be preserved as a dwelling unit or units, or adaptively reused in the subdivision or land development plan.
(3) 
In proposed subdivisions, setback and yard requirements may be modified to the minimum extent necessary, if such is required to preserve the integrity of an historic resource that is to be retained or to maintain/create a traditional neighborhood or village appearance. If surrounding new construction will not use similar materials or massing of the historic building, the historic building shall be appropriately buffered by a landscape strip and screen to maintain the historical integrity of the building.
H. 
Adaptive reuse of historical resources.
(1) 
Review procedure.
(a) 
If an applicant is proposing an adaptive reuse of a historical resource and the use is permitted by right in the underlying zoning district, the applicant shall follow the Application and Review procedures as identified in Subsection F(3) above.
(b) 
If an applicant is proposing an adaptive reuse of a historical resource and the use is permitted by special exception in the underlying zoning district, the applicant shall follow the procedures as indicated in Subsection F(3)above and shall submit the required narrative with the application for special exception approval of the proposed use by the Zoning Hearing Board.
When a use is required to submit a traffic study under this chapter, the traffic study shall comply with Chapter 119, Subdivision and Land Development. If additional provisions for traffic studies are required for a particular use, compliance with such additional provisions shall be demonstrated at the time of submitting a zoning hearing application, or if a zoning hearing application is not required for the particular use, than it shall be demonstrated that compliance with the additional provisions can be achieved at the time of submittal of a subdivision and land development plan.
A. 
If a community water system and/or community sewage system is utilized to serve five or more dwelling units, and such system will not be part of a municipally owned water and/or sewage system at the time of initial occupancy, then the applicant shall comply with, and commit in writing to comply with, the following:
(1) 
Such community collection and distribution system(s) shall be designed and constructed to meet all of the same specifications as would apply as if the system(s) would be connected into the municipally owned system at the present time;
(2) 
Such community water and sewage system(s) shall be engineered and include appropriate easements and/or rights-of-way to allow the systems to efficiently interconnect into the municipally owned systems in the future; and
(3) 
The owner of the community water and sewage systems shall be bound to connect such systems to the appropriate authority, within 12 months after the Board of Supervisors provides written notice that it has determined that such interconnection with the municipally owned system(s) to be practical and feasible.
B. 
If a community water system and/or community sewage system is utilized to serve five or more dwelling units, and such system will not be part of a municipally owned water and/or sewage system at the time of initial occupancy, then the applicant is strongly encouraged to enter into an agreement providing that within 12 months after the Board of Supervisors provides written notice that it has determined that such interconnection with the municipally owned system(s) to be practical and feasible:
(1) 
The piping, rights-of-way and easements shall be made available for acquisition by the Township or a Township designated authority with no purchase cost by the Township or authority; and
(2) 
Wells, storage capacity and sewage treatment facilities shall be made available to the Township or authority at a cost no greater than their current fair market value. The right to use or sell any uncommitted water supply or sewage treatment capacity may be retained by the developer or his or her designee, unless they are otherwise compensated.
C. 
See also the Township's Capped Sewer Ordinance.[1]
[1]
Editor's Note: See Ch. 100, Sewers.
Municipal uses shall be permitted as of right within all zoning districts. Municipal uses shall be exempted from minimum lot areas, minimum lot width, minimum lot depth, yard, impervious surface area, off-street parking and all other requirements of this chapter.
A. 
Windmills as accessory uses.
(1) 
A maximum of one windmill shall be permitted as an accessory use to an existing principal use within any zoning district by right subject to the regulations set forth in this section. It shall be the responsibility of the landowner and/or applicant to prove compliance with this section at the time of application for a building/zoning permit.
(2) 
All windmills shall be located on the same parcel or plot of land of record in which the principal use is located, with the exception that, power lines or related equipment may be located on a neighboring parcel or plot of land of record provided it will comply with all applicable virtual net metering laws of PPL or other public utility provider.
(3) 
The height of the windmill shall include the windmill tower and the windmill rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the windmill shall be determined by its setback as follows:
Minimum Setback Distance from All Property Lines
(feet)
Maximum Windmill Height
(feet)
75
35
85
40
95
45
100
75
125
100
(4) 
No windmill shall be placed between the principal structure on the lot and the street right-of-way.
(5) 
The minimum clearance between the lowest arc of the windmill blades and the ground shall be 15 feet. If the windmill model that is proposed is a vertical axis wind turbine (also referred to as a helix-type windmill or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
(6) 
If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.
(7) 
All electric and utility lines associated with the windmill shall be buried underground.
(8) 
All mechanical equipment associated with and necessary for the operation of the windmill, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Township and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The windmill tower shall also be enclosed within a six-foot-high fence unless the base of the windmill tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
(9) 
The windmill shall not generate noise which exceeds 60 decibels at any property line.
(10) 
The windmill shall be kept in good repair and sound condition. Upon abandonment of use, the windmill and all related structures shall be dismantled and removed from the lot within 60 days.
(11) 
The co-location of wireless communication antennae on a windmill tower shall not be permitted.
(12) 
Power generated by the windmill shall provide power only for the principal use in which it services; any excess power generated by the windmill shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
(13) 
The installation of the windmill shall meet all applicable requirements of the Uniform Construction Code.
(14) 
No signage or advertising of any kind shall be utilized or attached to the windmill. This requirement shall not include the make and model description of the windmill, manufacturers required hangtags or warning signs or other signage that is required by law.
(15) 
No lighting, unless required by any FAA requirements, shall be utilized or attached to the windmill.
(16) 
Windmills shall be a neutral, nonobtrusive color such as white, off-white, gray, brown, black or other approved earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.
B. 
Large wind energy production facility.
(1) 
A large wind energy production facility shall be permitted by special exception, within the GI Zoning District. Large wind energy production facility shall be required to meet the performance standards of § 135-326 of this chapter.
(2) 
The height of the windmill shall include the windmill tower and the windmill rotor at its point where a blade is directly perpendicular to the ground. A windmill shall be set back from all property lines and ultimate street right-of-way at a distance that is equal to the windmills height (in feet) plus an additional 25 feet.
(3) 
The windmill shall not generate noise which exceeds 60 decibels at any property line.
(4) 
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
(5) 
All large wind energy production facilities shall be equipped with a redundant breaking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical breaks shall be operated in a fail-safe mode. Staff regulations shall not be considered a sufficient braking system for overspeed protection.
(6) 
No lighting, unless required by any FAA requirements, shall be utilized or attached to the windmill.
(7) 
Windmills shall be a neutral, nonobtrusive color such as white, off-white, gray, brown, black or other approved earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.
(8) 
No signage or advertising of any kind shall be utilized or attached to the windmill. This requirement shall not include the make and model description of the windmill, manufacturers required hangtags or warning signs or other signage that is required by law.
(9) 
All large wind energy production facilities shall, to the greatest extent feasible, be sited to prevent shadow flicker on any occupied building on an adjacent lot.
(10) 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(11) 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(12) 
No portion of any large wind energy production facility shall extend over parking areas, access drives, driveways or sidewalks.
(13) 
The minimum height between the lowest portion of the wind turbine shall be 30 feet above ground.
(14) 
All mechanical equipment associated with and necessary for the operation of the windmill, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Township and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The perimeter of the large wind energy production system shall also be enclosed within a six-foot-high fence unless the base of the windmill towers are not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
(15) 
The landowner and/or applicant shall present the following evidence to the Zoning Hearing Board at the hearing for a large-scale solar energy system:
(a) 
A narrative describing the proposed large wind energy production facility, including an overview of the project; the project location; the approximate generating capacity of the large wind energy production system, the approximate number, representative types and height or range of heights of the windmills or other equipment to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.
(b) 
Identification of the properties or portions thereof on which the proposed wind energy production system will be located and also the properties adjacent to where the large wind energy production system will be located.
(c) 
A site plan, drawn to scale, showing all of the following information, as applicable: the planned location of each windmill, related structures, setback lines, access roads and turnout locations, substations, electrical wiring, ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, floodplains, easements, wetlands and limits of earth disturbance associated with construction of the large wind energy production facility.
(d) 
Documents indicating the type and specifications of fencing to be used around the perimeter of the large wind energy production facility.
(e) 
Documents relating to the decommissioning of the large wind energy production facility, including a schedule for decommissioning of the solar panels and related equipment.
(f) 
Documents indicating compliance with any other applicable federal, state and local laws regulating large wind energy production facility and/or land development, including, but not limited to, any applicable laws of the Public Utility Commission, any public utility provider, Lancaster County Conservation District, and the Department of Environmental Protection.
C. 
Solar energy systems as accessory uses.
(1) 
A solar energy system shall be permitted as an accessory use to an existing principal use in any zoning district by right subject to the regulations set forth in this section. It shall be the responsibility of the landowner and/or applicant to prove compliance with this section at the time of application for a building/zoning permit.
(2) 
All solar energy equipment shall be located on the parcel or plot of land of record in which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjoining parcel or plot of land of record provided it will comply with all applicable virtual net metering laws of PPL or other public utility provider.
(3) 
Power generated by the solar energy system shall provide power only for the principal use in which it services; any excess power generated by the solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
(4) 
All mechanical equipment associated with and necessary for the operation of the solar energy system, which is ground-mounted, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Township. No noxious trees, plants or weeds shall be permitted to fulfill the landscaping requirements. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings.
(5) 
Ground-mounted solar energy systems.
(a) 
No part of a ground-mounted solar energy system shall be located any closer than 15 feet from any side or rear property lines. The front yard setbacks from the ultimate road right-of-way for ground-mounted solar energy systems shall be in accordance with the zoning district the panels are to be constructed, plus an additional 15 feet.
(b) 
Ground-mounted solar energy systems shall not be placed within any legal easement or right-of-way location, or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.
(c) 
Ground-mounted solar energy systems shall not be placed in a manner that would cause a violation of any other section of the zoning ordinance including minimum parking requirements, required buffer yards or other landscaping requirements, maximum impervious coverage limitations or any other applicable standards of Chapter 135, Zoning, as determined by the Township Zoning Officer.
(d) 
Ground-mounted panels of a solar energy system shall be counted towards a given property maximum impervious coverage requirements, unless the applicant can demonstrate that storm water will infiltrate into the ground beneath the solar panels at a rate equal to that of the infiltration rate prior to placement of the panels.
(e) 
Ground-mounted solar energy systems shall not exceed a height of 20 feet.
(6) 
Roof-mounted solar energy systems shall not extend beyond the peak elevation of the top of the roof on which the panels are to be constructed. If the solar panels are to be constructed on a flat roof, no part of the solar energy system shall exceed beyond the maximum height requirements for the zoning district that the building is located in.
(7) 
All electric and utility lines associated with the solar energy system shall be buried underground or otherwise mounted in a manner which is lower than the height of the solar panels. Connections to existing electric service or transmission lines located aboveground are exempt from this requirement.
[Amended 3-16-2015 by Ord. No. 293-2015]
(8) 
Any installation of a solar energy system shall comply with all applicable standards of the Uniform Construction Code.
(9) 
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(10) 
The solar energy system shall be kept in good repair and sound condition. Upon abandonment of the use, the solar panels, electrical wires, support structures and any other related structures and equipment shall be dismantled and removed from the lot within 60 days.
(11) 
No signage or advertising of any kind shall be utilized or attached to the solar energy system. This requirement shall not include the make and model description of the solar energy system, manufacturers required hangtags or warning signs or other signage that is required by law.
D. 
Large-scale solar energy systems.
(1) 
Large-scale solar energy systems shall be permitted by special exception as an accessory use to a nonresidential principal use located on the same lot or an adjacent lot owned by the applicant, except that no large-scale solar energy systems shall be permitted within the R-1, R-2 or R-3 Zoning District.
[Amended 3-16-2015 by Ord. No. 293-2015]
(2) 
Large-scale solar energy systems as principal uses on a lot, the sole purpose of which is to generate electricity to be sold to a public utility provider under the laws and regulations of the Public Utility Commission and/or public utility provider, shall be permitted by special exception, within the GI and LI Zoning Districts, subject to compliance with the performance standards stated in § 135-326 of this chapter.
[Amended 3-16-2015 by Ord. No. 293-2015]
(3) 
The landowner and/or applicant shall present the following evidence to the Zoning Hearing Board at the hearing for a large-scale solar energy system:
(a) 
A narrative describing the proposed large-scale solar energy system, including an overview of the project; the project location; the approximate generating capacity of the solar energy system, the approximate number, representative types and height or range of heights of the panels or other solar energy equipment to be constructed, including their approximate generating capacity and approximate dimensions, and a description of all ancillary facilities.
[Amended 3-16-2015 by Ord. No. 293-2015]
(b) 
Identification of the properties or portions thereof on which the proposed large-scale solar energy system will be located and also the properties adjacent to where the large-scale solar energy system will be located.
(c) 
A site plan, drawn to scale, showing all of the following information, as applicable: the planned location of each solar panel, related structures, setback lines, access roads and turnout locations, substations, electrical wiring, ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, floodplains, easements, wetlands and limits of earth disturbance associated with construction of the large-scale solar energy system.
(d) 
Documents indicating the type and specifications of fencing to be used around the perimeter of the large-scale solar energy system.
(e) 
Documents relating to the decommissioning of the large-scale solar energy system, including a schedule for decommissioning of the solar panels and related equipment.
(f) 
Documents indicating compliance with any other applicable federal, state and local laws regulating large-scale solar energy systems and/or land development, including, but not limited to, any applicable laws of the Public Utility Commission, any public utility provider, Lancaster County Conservation District, and the Department of Environmental Protection.
(4) 
The minimum lot size for any large-scale solar energy system shall be five acres.
(5) 
No large-scale solar energy system, related equipment and structures, shall be located any closer than 50 feet to any property line and shall not be located any closer than 100 feet to the ultimate road right-of-way, as designated in § 135-301.
(6) 
All mechanical equipment associated with and necessary for the operation of the large-scale solar energy system that is not mounted on a building wall, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Township. No noxious trees, plants or weeds shall be permitted to fulfill the landscaping requirements. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the Township. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings
(7) 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(8) 
Any large-scale solar energy system, shall comply with all applicable standards for a land development in Chapter 119, Subdivision and Land Development.
(9) 
Unless specifically addressed by this section, all large-scale solar energy systems shall comply with the regulations of § 135-313C.
(10) 
The large-scale solar energy system owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large-scale solar energy system owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property. At the time of issuance of the permit for the construction of the large-scale solar energy system, the owner or operator of the large-scale solar energy system shall provide financial security, in form and amount acceptable to the Township, to secure the expense of dismantling and removing said structures.
[Added 3-16-2015 by Ord. No. 293-2015]
(11) 
The owner of the large-scale solar energy system shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.
[Added 3-16-2015 by Ord. No. 293-2015]
E. 
Outdoor hydronic heaters as accessory uses.
(1) 
Outdoor hydronic heaters shall be permitted as an accessory use to a principal use, by right, within the A, R and OS Districts on lots that are three acres or larger. Outdoor hydronic heaters shall not be permitted in any other zoning district. All outdoor hydronic heaters shall comply with the regulations of this section. It shall be the landowner and/or applicant's responsibility to prove compliance with this section, this shall include the requirements of submitting manufacturer's specifications and maintenance documents, certification testing results, and any other required documents at the time of application for a building/zoning permit.
[Amended 3-16-2015 by Ord. No. 293-2015]
(2) 
The regulations listed below shall not apply to the following:
(a) 
Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(b) 
Approved outdoor recreational fires as defined in Chapter 60, Burning, Outdoor, of the Mount Joy Township Code of Ordinances.
(c) 
Burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.
(d) 
The legal use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
(3) 
The following items shall not be burned in an outdoor hydronic heater:
(a) 
Treated or painted wood; furniture, trash, rubbish or garbage, tires, lawn clippings, woody yard wastes, plastic materials, rubber materials, waste petroleum products, paints and paint thinners, chemicals, hazardous wastes, coal, paper wastes, construction or demolition debris, plywood, particleboard, manure, animal carcasses.
(4) 
Fuel requirements for outdoor hydronic heaters; the materials listed below shall be the only materials allowed to be used for fuel:
(a) 
Clean wood, corn, wood pellets made from a clean wood, home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor hydronic heaters or any other materials located in a manufacturers list of specifications so long as the material is not prohibited by the previous section.
(5) 
Any outdoor hydronic heater shall be located on the same parcel or plot of land of record in which the principal use is located with the exception that power lines or any related equipment to the outdoor hydronic heater may be located on an adjoining parcel or plot of land of record provided it will comply with all applicable virtual net metering laws of PPL or other public utility provider.
(6) 
No more than one outdoor hydronic heater shall be permitted per lot.
(7) 
Outdoor hydronic heaters shall meet the certification standards of the voluntary program of the Environmental Protection Agency (EPA) for Phase 2 air emission levels of no more than 0.32 pound of fine particulates per million British Thermal Units (BTUs) heat input and any amendments or modifications made hereafter.
(8) 
Setback requirements.
(a) 
Outdoor hydronic heaters shall be located a minimum of 150 feet from any side or rear property line.
(b) 
No outdoor hydronic heater shall be located between the principal structure on the property and the public street right-of-way; notwithstanding the aforesaid requirement, the minimum setback from the ultimate public street right-of-way shall be no less than 150 feet.
(9) 
Chimney stack height requirements. No person shall install an outdoor hydronic heater unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor hydronic heater.
(10) 
No signage or any form of advertising shall be utilized or attached to an outdoor solid-fuel fired boiler. This requirement shall not include the make and model description of the outdoor hydronic heater, manufacturers required hangtags or warning signs, the hangtags indicating EPA air quality specifications, or other signage that is required by law.
(11) 
Prohibition of operation for new and existing outdoor wood-fired boilers. No person shall use or operate a new or existing outdoor wood-fired boiler between the dates of May 1 and September 30.
(12) 
All outdoor hydronic heaters shall be installed, operated and maintained in strict compliance with all emissions of air quality standards promulgated by EPA, the DEP, or other relevant state or federal agency including emissions of dust and particulates.
(13) 
In the event that an outdoor hydronic heater is damaged or it is physically deteriorated or decayed to the point where it no longer is compliant with this section, said heater must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Township Zoning Officer. In the event of replacement, all provisions of this chapter in effect at the time of replacement shall be complied with.
(14) 
In the event the outdoor hydronic heater is abandoned, the boiler, electrical wires, and any related equipment and structures shall be dismantled and removed from the property within 60 days of the date it was abandoned.
(15) 
Outdoor hydronic heaters shall comply with all applicable regulations of the Uniform Construction Code.
F. 
Accessory anaerobic digesters. Accessory anaerobic digester systems shall be permitted by right, as accessory uses to an agricultural use that is located within the Agricultural Zoning District on lots that are 10 acres or more. Accessory anaerobic digester systems shall not be permitted in any other zoning district. All accessory anaerobic digester systems shall comply with the regulations of this section. It shall be the landowner and/or applicant's responsibility to prove compliance with this section; this shall include the requirements of submitting manufacturer's specifications and maintenance documents, certification testing results, and any other required documents at the time of application for a building/zoning permit.
(1) 
Accessory anaerobic digester systems shall not be located within 75 feet of any side or rear property line, 150 feet from any dwelling other than that of the property owner, and 115 feet from the ultimate road right-of-way, as designated by § 135-301. There shall be no discharge of any type onto a public road right-of-way.
(2) 
Accessory anaerobic digester systems shall be designed in compliance with the guidelines outlined in the document prepared by the DEP, entitled Manure Management for Environmental Protection, Bureau of Water Quality Management, and/or its revisions, supplements, and replacements thereof.
(3) 
Anaerobic digester systems shall be designed and constructed in compliance with applicable local, state and federal codes and regulations. Evidence of all federal and state regulatory agencies' approvals shall be included with the application for a building/zoning permit.
(4) 
A certified profession, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the anaerobic digester system.
(5) 
If applicable, the applicant shall provide a written approval letter from the Lancaster County Conservation District that the waste storage facility has been designed in accordance to the applicable rules and regulations and that any associated permit has been secured.
G. 
Large anaerobic digesters. Large anaerobic digesters shall be permitted, by special exception in the GI District, subject to the following regulations:
(1) 
A traffic study complying with Chapter 119, Subdivision and Land Development, shall be submitted with the application for a special exception.
(2) 
The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.
(a) 
The nature of the on-site activities and operations, the types of materials stored and used, the frequency and duration period of storage of materials and the methods for use and disposal of materials. In addition the applicant shall furnish evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state, federal and local regulations.
(b) 
The general scale of operation in terms of its market area, specific space and area requirements for each activity, the total number of employees of each shift, and an overall needed site size.
(c) 
Evidence shall be submitted indicated that the proposed use will be in compliance with the performance standards of §§ 135-326 and 135-250 of this chapter.
(3) 
The proposed use shall comply with all of the requirements of the GI District, except that all buildings, structures, and facilities used as part of the large anaerobic digester operations shall be set back 200 feet from any property line. Additionally, no building, structures, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives the restriction in writing to the Township.
H. 
Ground-source heat pumps (also known as geothermal energy systems). Closed-loop ground source heat pumps shall be permitted in all zoning districts as an accessory use to a principal use of the site. Open-loop ground source heat pumps are prohibited within the Township.
[Amended 6-16-2014 by Ord. No. 286-2014]
(1) 
General requirements.
(a) 
Ground source heat pumps shall use only nontoxic, biodegradable circulating fluids such as food-grade propylene glycol.
(b) 
Ground source heat pumps shall not encroach on existing public, drainage, utility, roadway, trail or other recorded easements.
(2) 
Development standards.
(a) 
A closed horizontal loop system shall be installed a maximum of 20 feet below the average finished grade of the area in which located.
(b) 
A closed vertical loop ground source heat pump system shall have proper grout sealing with the following properties:
[1] 
High thermal conductivity to allow heat transfer;
[2] 
Low viscosity to allow the grout to wrap around the pipe;
[3] 
Low shrinkage volume to ensure that the grout will not pull away from the pipe; and
[4] 
Low permeability to prevent the migration of antifreeze solution in the event of a line breakage.
(c) 
Ground source heat pump systems shall be located a minimum of 25 feet from all property lines, except as otherwise specified.
(d) 
Ground source heat pump systems shall be located a minimum of 100 feet from existing potable water wells and a minimum of 100 feet from any existing septic system.
(e) 
Aboveground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot and shall meet all minimum accessory structure setbacks required for the zoning district.
(f) 
All closed horizontal loop ground source heat pump systems shall be properly backfilled, including removal of sharp-edged rocks before backfilling in order to prevent such rocks from coming into contact with the system pipe.
(3) 
Construction and permit. The design and installation of ground source heat pump systems shall conform to applicable industry standards and the UCC. At the time of application for a permit, the applicant shall submit manufacturer certificates of design and circulating fluid compliance obtained by the ground source heat pump system manufacturer from a reputable certifying organization.
(4) 
Decommissioning. If the ground source heat pump system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at his/her expense after a demolition permit has been obtained in accordance with the following:
(a) 
The heat pump and any external mechanical equipment shall be removed; and
(b) 
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with the applicable regulations. The top of the pipe, coil, or boring shall be uncovered and grouted.
A. 
For the purpose of this section, a yard sale shall include garage, barn, and other similar-type sales that are conducted on a residential property.
B. 
A yard sale shall be permitted, without obtaining a zoning permit, on any lot containing a residential use. A nonprofit organization or place of worship shall be the only entities permitted to hold a yard sale not located on a residential lot.
C. 
No more than three yard sale events shall be permissible on any lot in a given calendar year.
D. 
Each yard sale event shall last no longer than two consecutive calendar days and shall be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m. Any yard sale occurring more than one day a week but not in consecutive days shall be considered a separate event.
E. 
All items for display shall be permitted to be set up outside no earlier than two hours prior to the event and must be taken down no later than two hours following the event.
F. 
Signs advertising the event are permitted to be posted one-week prior to the event and shall be taken down no later than two days following the event. The sign advertising the sale shall comply with Article XXIV, Sign Regulations.
G. 
The sale of vehicles, lawn equipment, furniture or any other items not associated with an organized yard sale event shall be permitted as long as it does not occur more than three times during the calendar year on a resident's property.
A. 
All fences shall be permitted by right in all zoning districts and shall comply with the following requirements:
(1) 
All fences shall be located outside of existing public street right-of-way and outside of the ultimate street right-of-way. All fences shall be located outside of any other legal right-of-way and/or easement, unless the holder of the right-of-way and/or easement notifies the Township in writing that it has granted permission for the fence to be located within the right-of-way and/or easement. Any fence that was lawfully located within an existing public street right-of-way or ultimate street right-of-way shall be located outside the public street right-of-way or ultimate street right-of-way if reconstructed or replaced. Any fence that was lawfully located within any other legal right-of-way and/or easement prior to enactment of this chapter shall be placed outside of the right-of-way and/or easement if reconstructed or replaced unless the holder of the easement grants permission for the location of the fence as set forth above.
[Amended 1-6-2014 by Ord. No. 284-2014]
(2) 
Fences shall remain at least one foot off of neighboring property lines so that the fence can be easily maintained.
(3) 
Fences in a residential district shall not exceed four feet in height in the front yard and no more than eight feet in height in a rear yard. In all other districts, fences shall not exceed a height of 10 feet. The Zoning Officer may approve a higher height of any fence if the applicant proves to the satisfaction of the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard. Any fence that is constructed shall be subject to the applicable regulations of the Uniform Construction Code.
(4) 
All fences shall be constructed of durable material and shall not be permitted to become dilapidated or in a state of disrepair that presents a safety hazard to neighboring properties.
(5) 
Barbed wire shall not be used as part of fences around dwellings in residential districts. Electrically charged fences shall only be used to contain farm animals and shall be of such low intensity that they will not permanently injure humans. No fence or wall shall be constructed out of fabric, junk, junk vehicles, appliances, drums or barrels.
(6) 
No fence shall be erected that will block the view of motorists on a public road or a driveway of neighboring properties.
B. 
All walls that comply with the following requirements shall be permitted by right in all zoning districts:
(1) 
Engineered retaining walls necessary to hold back slopes are exempted from Subsection B(3), (4) and (5) and are permitted by right as needed in all districts. However, if a retaining wall is over eight feet in height, it shall be set back a minimum of 15 feet from a lot line of an existing dwelling if the exposed side of the wall is facing toward the property containing the dwelling.
[Amended 3-16-2015 by Ord. No. 293-2015]
(2) 
All walls shall be located outside of a public street or other legal right-of-way and/or easement. Any wall that was lawfully located within a legal right-of-way prior to enactment of this chapter shall be placed outside of the right-of-way if reconstructed or replaced.
(3) 
No wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in Article XXIV.
(4) 
A wall in a residential district outside of a required front yard shall have a maximum height of six feet if it is within the minimum accessory structure setback.
(5) 
Walls that are attached to a building shall be regulated as a part of that building.
(6) 
All walls, including those permitted by Subsection B(1) above shall be required to comply with the applicable requirements of the Uniform Construction Code.
(7) 
All walls shall be constructed of durable material and shall not be permitted to become dilapidated or in a state of disrepair that presents a safety hazard to neighboring properties.
(8) 
No wall shall be erected that will block the view of motorists on a public road or a driveway of neighboring properties.
A. 
Antenna radio support structures of amateur radio operators and amateur radio stations may, as a right, have a height not exceeding 65 feet above grade, subject to the provisions of this § 135-316. The height shall be measured vertically and shall include the height to the building upon which an antenna support structure may be mounted.
B. 
Amateur radio antennas may be located above the amateur radio antenna support structure as reasonably necessary for effective radio communications.
C. 
Amateur radio antenna support structures shall be installed in compliance with the manufacturer's instructions. Amateur radio antenna support structures may be modified in accordance with the manufacturer's specifications or under the seal of a registered engineer of the Commonwealth of Pennsylvania.
D. 
No more than two amateur radio antenna support structures shall be permitted on any lot.
E. 
The applicant shall provide evidence that all state regulations have been complied with, including, but not limited to, the Uniform Construction Code, and licensure by the FCC.
F. 
The amateur radio antenna support structure shall be fitted with an appropriate anti-climbing device. An effective device can be made by smoothly enclosing the bottom eight-foot area of the structure with at least five feet of treated plywood, a small mesh screen or sheet metal that prevents access to climb up the structure. Where guy wires and anchors may present an obstruction to walking, running or a passerby, the wires and/or anchor shall be contained in a brightly colored plastic sleeving to alert passing people of their existence.
G. 
Amateur radio antenna support structures (including guy wires, foundations, anchors, and other components of the structure) shall not be permitted in required front yards. Towers shall be set back from any property lines or street edges at a distance that is equal to the height of the tower.
H. 
Upon the amateur radio operator's cessation of ownership rights in the amateur radio antenna support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier), the amateur radio operator and, if different, the owner of the lot on which the amateur radio antenna support structure is located shall safely remove all amateur radio antenna support structures at no expense to the Township. All such facilities shall be completely removed within 60 days of the amateur radio operator's cessation of ownership rights in the amateur radio antenna support structures, or upon the loss of his or her federal amateur radio operator's license (whichever shall occur earlier).
Private swimming pools shall be permitted in any zone as accessory uses to a dwelling. Swimming pools as a principal use that is intended as use for a public or private recreational facility shall be permitted as allowed by each zoning district. All swimming pools shall comply with the following conditions and requirements:
A. 
A private swimming pool may be located only in the rear yard or side yard of the property on which it is an accessory use or structure.
B. 
A private swimming pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be located closer than 10 feet to any property line of the property on which it is located.
C. 
All permanent swimming pools shall be properly filtered and chlorinated during the time they are in use according to the manufacturers' or installers' recommended specifications.
D. 
The swimming pool area or the entire property on which it is located shall be so walled or fenced as to prevent uncontrolled access by children and stray animals. Said barrier shall be at least four feet in height, but not in excess of six feet in height, and shall have a self-locking-type gate.
E. 
Open private swimming pools and related bathhouses are considered structures for the purpose of this chapter and shall be counted as floor area in computing the lot coverage. No private swimming pool shall be erected or constructed in the Township except in accordance with a permit therefor previously obtained from the Zoning Officer upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure and such other information as may be necessary for the Zoning Officer to determine whether the pool complies with this chapter.
F. 
For the purpose of this section, a private swimming pool shall mean any reasonably permanent pool or open tank not located within a completely enclosed building, whether or not affixed to the land, and containing or normally capable of containing water to a depth at any point greater than two feet. Ponds and/or lakes are not to be considered private swimming pools, provided that swimming was not the primary purpose for their construction.
Ornamental ponds and wading pools shall be permitted in any zone, subject to the following:
A. 
Such structures shall comply with all accessory use setbacks;
B. 
No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons); all ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments," and are subject to the criteria listed in § 135-319 of this chapter;
C. 
No such impoundment shall be capable of holding a depth of water exceeding two feet;
D. 
All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and
E. 
No such pond(s) shall be used for the commercial hatching of fish or other species.
A. 
All lakes, dams, ponds, and impoundments located along, and connected to, a stream that involve any of the following shall require a permit from the DEP, or a letter indicating that the proposed use does not require a DEP permit: the lake, dam, pond, or impoundment contains a volume of at least 50 acre feet; the dam reaches a height of 15 feet; and the lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres. All such lakes, dams, ponds, and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation.
B. 
All lakes, dams, ponds, and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the DEP.
C. 
All other lakes, dams, ponds, and impoundments require the submission of a statement and seal by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood.
D. 
All lakes, dams, ponds, and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.
E. 
Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.
F. 
Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
A. 
Flag lots shall only be permitted when they will enable the preservation of some important natural or cultural feature (including productive farmland) which would otherwise be disturbed by conventional lotting techniques.
B. 
For the purposes of this section, a flag lot shall be defined as a lot containing two parts:
(1) 
The "flag," which shall include that portion of the lot that is the location of the principal and accessory buildings.
(2) 
The "pole," which shall be that portion of the lot that is used for vehicular access between the flag portion of the lot and its adjoining road.
C. 
The minimum lot area and lot width requirements of this chapter shall be measured using the flag portion of the lot.
D. 
For purposes of determining required yards and setbacks, the following shall apply:
(1) 
Front yard: The area between the principal structure and that lot line of the flag which is most parallel to the street providing vehicular access to the site. Additionally, all areas of the pole shall be considered to be within the front yard.
(2) 
Rear yard: The area between the principal structure and that lot line of the flag that is directly opposite the front yard, as described above.
(3) 
Side yard: The area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.
E. 
The flag lot shall contain adequate driveway dimension for vehicular backup so that ingress to and egress from the lot is in the forward direction.
F. 
Requirements for the pole.
(1) 
The pole shall maintain a minimum width of 25 feet.
(2) 
The pole shall not exceed 600 feet in length, unless additional length is needed to avoid the disturbance of productive farmlands or some other significant natural or cultural feature.
(3) 
No part of the pole shall be used for any portion of an on-lot sewage disposal system nor any other improvement except a driveway and improvements which would be permitted in a front yard setback such as landscaping, fencing, utility connections to off-site facilities, mailboxes and signs.
(4) 
The cartway contained on the pole shall be located at least six feet from any adjoining property line and 20 feet from any existing structures on the lot from which the flag lot will be created or any adjoining property.
(5) 
No pole shall be located within 200 feet of another pole on the same side of the street, unless an adjoining pole utilizes a joint-use driveway.
A. 
When one or more flag lots are proposed, such lots may rely upon a joint-use driveway for vehicular access or may also be used to reduce street openings onto a public street.
B. 
All joint-use driveways shall have a minimum cartway width of 16 feet or as otherwise specified in this chapter.
C. 
Cross-access easements shall be required to ensure common use of, access to and maintenance of joint-use driveways. Such easements shall be recorded in language acceptable to the Township Solicitor and shall be depicted on the subdivision plan.
When a use which was established prior to the enactment of this chapter or any amendment thereto is located in a zoning district where such use is permitted by special exception, such preexisting use shall be permitted to continue as of right. Any expansion or alteration of such preexisting use shall require the granting of a special exception by the Zoning Hearing Board, and the applicant for such special exception shall demonstrate compliance with all of the standards set forth in this chapter for the granting of a special exception for such uses, if any, and with all of the general standards set forth in this chapter for all special exceptions.
After the Zoning Officer has received a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter if the applicant proves both of the following to the satisfaction of the Zoning Hearing Board:
A. 
The approval is needed to provide a reasonable accommodation under the Americans With Disabilities Act, the Federal Fair Housing Act[1] and/or related applicable state law, as amended; and
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq. and 42 U.S.C. § 3601 et seq., respectively.
B. 
The facility will serve persons who the applicant proves have handicaps or disabilities, as defined in and protected by such laws.
Any use, occupation, trade or process which may be dangerous, noxious or injurious to the health or safety of residents of adjoining properties or to Township residents in general shall be prohibited.
A. 
Outdoor stockpiling. In all zones, no outdoor stockpiling of any material is permitted in the front yard. In any residential zone, the outdoor stockpiling of materials (except firewood) for more than 180 days is prohibited.
B. 
The outdoor storage of items as part of a business or retail use, including but not limited to such items as building materials, landscaping materials, and outdoor patio furniture or appliances shall be screened from adjoining public rights-of-way and neighboring properties. See § 135-299 for screening requirements.
C. 
Trash, garbage, refuse or junk. Except as provided in § 135-238 of this chapter, the outdoor accumulation of trash, garbage, refuse or junk outside of an appropriate enclosed waste disposal container for a period exceeding seven days is prohibited.
D. 
Dumpsters.
(1) 
All uses which utilize a trash dumpster shall maintain such dumpster in a manner that will not create a nuisance by permitting trash to overflow the dumpster and blow off of the property or otherwise accumulate on the property outside of the enclosed dumpster. All trash dumpsters shall be located within a side or rear yard, and be set back a minimum distance of 10 feet from an adjoining property line. If adjoining land that is located within a residential district or land that is available for residential use, the setback of the dumpster shall be increased to 50 feet from the adjoining property boundary line. All dumpsters shall be screened from adjoining roads and properties, and completely enclosed within a sight tight masonry or fenced enclosure equipped with a self-latching door or gate. Chain link fencing shall not be permissible.
(2) 
Dumpsters may be utilized on residential properties on a temporary basis not to exceed a period of 45 days in one calendar year. Such dumpsters shall be set back at least 10 feet from side and rear property lines and shall not be placed on a public street. Dumpsters shall not be permitted to become overflowing or emit odors that are detectable at adjoining property lines.
E. 
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted in accordance with Chapter 110, Solid Waste, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
All nonresidential uses, with the exception of agricultural uses shall comply with the regulations of this section.
A. 
Access management. Curb cuts and new driveways shall be limited on both sides of a collector or arterial street, as designated by § 135-301. In order to reduce the number of new curb-cuts and driveways, developers shall implement one of the following requirements:
(1) 
Provide vehicular access to parking areas from service roads at the rear of the parcels which front on a collector or arterial road, or from a side street on a corner lot.
(2) 
Provide shared vehicular access between two or more adjoining land uses that make use of only one shared access drive onto adjoining collector or arterial roads.
(3) 
Developers that implement either Subsection A(1) or (2) above shall be permitted to increase the impervious coverage limitations on their lot of 5%.
(4) 
In circumstances where the Township determines that it is not possible to provide vehicular access to parking areas from a service road at the rear of a parcel, or to provide a shared access drive between two or more adjoining land uses, curb cuts for driveways or access drive that intersects a cartway of a collector or arterial roadway shall not exceed 24 feet in width. If in the event a developer provides evidence that this requirement impedes on the flow of tractor-trailers that would deliver goods to the development tract, the applicant may widen the cartway the minimum width it would take to allow truck deliveries to occur safely on the site.
B. 
All commercial and industrial buildings shall be constructed in accordance with an overall plan and shall be designed as a single architectural style consisting of durable construction materials including brick, stone, stucco, vinyl siding veneers or other material that is acceptable to the Township. To the greatest extent possible, buildings shall use a variety of architectural elements, rooflines and structural offsets and shall consist of no offensive, bright building color that would detract from the aesthetic design of the building. Retail stores and shopping centers shall be designed in compliance with § 135-256D.
C. 
Parking areas shall be suitably illuminated for night use if night operations shall be proposed. All lighting shall be reflected away from lots in a residential zoning district or any existing residential development.
D. 
No shipping or receiving shall be permitted within 600 feet of a residential zoning district or existing residential development between the hours of 9:00 p.m. and 8:00 a.m.
E. 
All materials and equipment shall be stored in a completely enclosed structure or shall be otherwise screened by a six-foot fence or hedge.
F. 
All activities and all storage of flammable and explosive materials at any point shall be prohibited unless adequate safety devices against the hazards of fire and explosion are provided.
G. 
No activities which emit radioactivity at any point are permitted.
H. 
No electrical disturbances adversely affecting the operation of any equipment other than that of the creator of such disturbance shall be permitted.
I. 
No fly ash, dust, fumes, vapors, gasses or other forms of air pollution emissions which can cause any excessive soiling upon another property shall be permitted.
J. 
No vibration which is discernible to the human sense of feeling on an adjacent property for three minutes or more in duration is permitted in any hour of the day between 7:00 a.m. and 7:00 p.m. or for 30 seconds or more between the hours of 7:00 p.m. and 7:00 a.m.
K. 
No activities producing heat, cold, dampness or movement of air are permitted which shall produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
L. 
No emission of odorous gasses or other odorous matter in such quantities as to be detectable to the human sense of smell when measured at the lot line shall be permitted.
M. 
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding, which is detectable from any point on the lot line is permitted. This restriction shall not apply to signs or floodlights otherwise permitted by this chapter.
N. 
All industrial uses shall be provided with public wastewater disposal. The applicant shall provide information to the Zoning Hearing Board concerning the manner in which such public sewer service shall be provided. However, a special exception to this requirement may be granted if the applicant proves to the Zoning Hearing Board that such service is not necessary for the intended use and that extension of such service is not practical. In such case, the Township may require the installation of capped sewage lines that are constructed to Township specifications in a manner that would allow connection to the public sanitary sewerage system in the future. As an alternative, the Township may permit the posting of financial security to construct such lines at a future date to be determined by the Township.
It is the intent of the Township to comply with Chapter 33, Local Ordinances Relating to Oil and Gas Operations, of Title 58, Oil and Gas, of the Pennsylvania Consolidated Statutes, as added by Act 13 of 2012. Oil and gas operations, as defined in 58 Pa.C.S.A. § 3301, shall be permitted within the Township to the extent of and in the manner required by 58 Pa.C.S.A. § 3304. All provisions of this chapter shall apply to oil and gas operations to the maximum extent allowed by Chapter 33 of Title 58.