Township of Hamilton, PA Article XV Performance Standards

§ 150-95 Statement of legislative intent.

These performance standards are established to provide additional general and specific requirements for certain permitted, accessory and special exception uses listed in Articles IV through XII of this chapter. If the zoning district regulations are determined to be in conflict with the following standards, the most restrictive regulations shall be applied, unless otherwise stated.

§ 150-96 Performance standards for accessory uses and structures.

A. General.

(1) An accessory structure attached to the principal building is considered a part of the principal building for all regulatory purposes.

(2) Accessory structures shall not be located within a front yard. This restriction shall not apply to structures accessory to principal agricultural uses, such as barns.

(3) An accessory use or structure shall not be established or constructed on a lot without a principal use or structure present, except for a personal use building where authorized.

[Amended 2-5-2024]

B. Dimensional requirements for accessory structures on residential properties.

(1) On properties occupied by a residential use, accessory structures with a floor area of 200 square feet or more, or in excess of 15 feet in height, shall be subject to the setback requirements required in the zoning district in which the property is located. Accessory structures with a floor area of less than 200 square feet, and a building height of 15 feet or less, shall be subject to the following setback requirements:

(a) Front yard: The front yard setback shall conform to the front yard setback required by the zoning district in which the property is located.

(b) Side yard: 10 feet.

(c) Rear yard: 10 feet.

C. Accessory uses.

(1) Accessory dwelling unit (ADU). All applications for an accessory dwelling unit (ADU) shall comply with the following requirements:

(a) Detached ADUs shall be permitted only on a tract in excess of one acre. Attached ADUs shall have no such restrictions.

(b) No more than one ADU shall be permitted on any property.

(c) The maximum number of occupants of the ADU shall be two persons. Minor children under age 18 and related to the occupants of the ADU by blood, adoption or foster relationship shall not count towards this limit.

(d) A minimum of one off-street parking space shall be provided for the ADU in addition to the off-street parking required for the principal dwelling.

(e) The ADU (whether attached or detached) shall meet the following dimensional requirements:

[1] The ADU shall not exceed 50% or 1,000 square feet of the total residential living area of the existing dwelling, whichever is less. The ADU shall not be less than 400 square feet. Additionally, all ADUs shall meet the following architectural standards:

[a] Attached ADUs shall be designed to maintain the architectural design, style, appearance and character of the existing dwelling as a single-family residence. Such an addition shall be consistent with the existing facade, roof pitch, siding and windows.

[b] Detached ADUs (including manufactured dwelling units) shall be designed to maintain the architectural design, style, appearance and character of the existing primary dwelling on the lot.

[c] Applicants shall submit a photo, rendering, or plan depicting the exterior of the proposed ADU.

[2] The height of a detached ADU shall not exceed the height of the principal dwelling unit on the lot.

[3] The ADU shall meet all yard and setback requirements from the property line required of the principal structure.

(f) Each ADU shall have a kitchen and full bath.

(g) The applicant shall contact the Adams County Mapping Office to obtain an address for all ADUs (attached or detached), and the applicant shall provide this information to the Township prior to approval.

(h) A landscaping plan for the ADU shall be prepared in accordance with the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 120, Subdivision and Land Development.

(i) All existing sewer disposal and water supply systems shall be upgraded to meet current Township requirements. The ADU shall be physically connected to and shall share the same sewage disposal and water supply systems as the principal dwelling, unless such a connection shall be prohibited by the Township Sewage Enforcement Officer. If sewage disposal is provided by an individual on-lot sewer system, the applicant shall demonstrate that the total number of occupants of the principal dwelling and the ADU shall not exceed the maximum capabilities for which the system was designed, unless the system shall be suitably expanded. Any connection to and/or expansion of an individual on-lot sewage disposal system shall be reviewed by the Township Sewage Enforcement Officer, and the applicant shall present evidence of such review and all necessary approvals.

(j) The ADU shall not be counted as a dwelling unit or lot in the computation of the maximum number lots that may be subdivided from a parcel in the Agricultural Preservation (AP) District. The ADU shall not count towards the density limit allowed in the Rural Residential (RR) District.

(k) The Township shall record, at the cost of the applicant, a memorandum of the decision of the Zoning Hearing Board granting such special exception. Such recorded memorandum shall indicate that the occupancy of the ADU shall be limited to all permitted occupants as stated in § 150-5, that the ADU shall not be rented to persons who are not related to the occupants of the principal dwelling, that detached ADUs shall be removed when they are no longer used by persons related to the occupants of the principal dwelling or converted to a nonresidential accessory use in accordance with the underlying zoning district within 180 days.

(l) All ADUs shall adhere to the following permitting requirements:

[1] Occupancy permits for ADUs shall be issued for a period of no longer than one year and must be renewed at the end of the first term of issuance and every such period thereafter.

[2] Renewal of said permits requires inspection of the ADU by the Zoning Officer.

[3] If a permit for an ADU is not renewed, all rights granted to the landowner under such permit expire, and the landowner must reapply for the issuance of a new permit under the then-current standards for the issuance of such permits.

[4] Permits for ADUs expire when a change of occupancy occurs.

(2) Wind energy systems (including windmills).

[Amended 9-13-2021]

(a) No pole- or tower-mounted wind energy system shall be located on a parcel less than 20,000 square feet.

(b) All windmills, except single-pole structures, shall be enclosed by a fence in compliance with this chapter. Such fence shall be located at least five feet from the base of such windmill. Guy wires may be located outside the fenced area.

(c) No windmill for private use shall be greater than 100 kWh.

(d) No windmill for private use shall be greater than 100 feet in height.

(e) No windmill shall be permitted which is designed to have any vane, sail or rotor blade to pass within 30 feet of the ground.

(f) All electrical wiring leading from a windmill shall be located underground.

(g) Windmills may be located within the required rear or side yards provided they are no closer than 1.1 times their height from the nearest occupied building not located on the same parcel as the windmill.

(h) The vibration control standards of this chapter shall be complied with.

(3) Antennas.

(a) On lots used principally for residential or agricultural uses:

[1] Antennas shall not exceed 50 feet in height above grade.

[2] Antennas shall be attached to the principal structure, or shall meet all setback requirements if not attached to the principal structure.

(b) On lots used principally for nonresidential, nonagricultural uses:

[1] Antennas, including satellite dish antennas, shall not exceed 50 feet in height above grade.

[2] Any antenna that exceeds 50 feet in height above grade shall be regulated as a communication tower under § 150-98.

[3] Freestanding antennas shall meet all setback requirements of the zoning district.

(4) Exotic wildlife.

(a) Animal and plant species considered to be threatened or endangered by the U.S. Fish and Wildlife Service are strictly prohibited.

(b) Any animal species, including but not limited to spiders, snakes and other reptiles, and fish, that are poisonous and/or toxic to humans or other animals are strictly prohibited.

(c) All exotic wildlife shall be properly caged or restricted to guarantee the prevention of harm to citizens and their property.

(d) Large animals including, but not limited to, bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves, and crossbreed of these animals that have similar characteristics in appearance or features are only permitted on lots in excess of three acres in size.

(e) Anyone in possession of exotic wildlife must file the appropriate permit from the Pennsylvania Game Commission or other state department or agency with the Township.

(f) No manure wastes shall be stored within 50 feet of any property line.

(g) All wildlife wastes shall be properly disposed of.

(h) All wildlife, their housing and outdoor recreation areas shall be properly maintained so as not to become a public nuisance to adjoining properties.

(5) Fences and walls.

(a) Fences and walls shall not obstruct clear sight triangles or otherwise obscure the view of vehicles on the roadway or attempting to enter the roadway.

(b) Fences and walls may be located up to, but not on top of, a property line or right-of-way line.

(c) On a lot used for agricultural or residential purposes, any fence or wall located within a front yard shall not exceed four feet in height, unless the fence or wall is on a lot used for agricultural purposes to contain animals. A fence or wall shall not exceed six feet in other locations.

(d) On a lot used for commercial or industrial purposes, any fence or wall located within a front yard shall not exceed six feet in height. A fence shall not exceed eight feet in height in other locations.

(e) Irrespective of Subsection C(5)(d) above, on a lot used for agricultural purposes to contain animals, there shall be no maximum height for a fence or wall in any location.

(f) Taller fences and walls may be permitted around tennis courts and where the applicant proves that such fence is required to protect the public safety around a specific hazard. In such instances, the fence shall meet setback requirements for the underlying zoning district.

(g) Barbed wire shall not be used in fences on a lot used for residential purposes. On lots used for other purposes, a maximum of three strands of barbed wire may exceed the maximum fence height. Concertina wire shall not be permitted.

(h) No fence or wall shall be constructed of fabric, junk, vehicles, drums, barrels, or similar items.

(i) Retaining walls that are necessary to hold back slopes shall not be required to meet the above wall regulations. They shall comply with the following:

[1] Any retaining wall over eight feet in height shall be set back a minimum of 15 feet from the lot line of an existing dwelling.

[2] No retaining wall greater than three feet in height shall be permitted within a front yard or within 10 feet of a side or rear property line in a residential district. Retaining walls over six feet in height shall have a fence at least three feet tall erected at the top of the wall.

(6) No-impact home-based business.

(a) The business shall be conducted within a dwelling that is a permitted use or that is an existing nonconforming use.

(b) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(c) The business shall employ no employees other than family members residing in the dwelling.

(d) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(e) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(f) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(g) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(h) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(i) The business may not involve any illegal activity.

(7) Produce stands.

(a) These standards apply to structures that are specifically for the sale of "home-grown" products.

(b) The area of the stand shall not exceed 1,000 square feet.

(c) A suitable parking area shall be provided so that customers are not forced to park along the cartway or within the right-of-way of the road. Such parking shall be in compliance with the provisions of Article XVII of this chapter.

(8) Swimming pools.

(a) A private swimming pool shall be located as follows:

[1] The pool shall be located in a side or rear yard.

[2] The pool and associated deck, walkway areas, and structures shall meet side and rear setbacks of the district in which the use is located.

(b) A public swimming pool shall comply with setback requirements of the zoning district or shall be set back at least 20 feet from property lines, whichever is greater.

(c) When a swimming pool is a principal use, it shall be regulated as an outdoor recreation facility.

(d) All swimming pools with a surface area of 100 square feet or more or a depth in excess of two feet shall be completely surrounded by a fence or wall not less than four feet in height. However, a fence shall not be required for pools more than four feet above the ground level if it is provided with a lockable, retractable ladder.

(e) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching and locking device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(f) Water from the pool shall not be discharged across neighboring properties.

(g) Approved filtration systems and circulators must be provided for all pools, except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided. All pool installations shall conform to all applicable building codes.

(h) In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition.

(i) No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

(j) No water shall be placed in the pool until a fence, as required by this section, has been completed.

(k) Conventional pools with less than the area and depth requirements in Subsection C(8)(d) above shall be exempt from fencing and filtration requirements.

(9) Accessory solar energy systems (ASES).

[Added 9-13-2021]

(a) Criteria applicable to all accessory solar energy systems:

[1] ASES shall be permitted as a use by right in all zoning districts.

[a] The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Hamilton Township, and with all other applicable fire and life safety requirements.

[b] Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the Hamilton Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Hamilton Township in accordance with applicable ordinances.

[c] All on-site utility, connection lines, and plumbing shall be placed underground to the extent feasible.

[2] Glare.

[a] All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

[b] The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

[3] Decommissioning.

[a] Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.

[b] The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

[c] The ASES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.

[4] Permit requirements.

[a] Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines.

[b] The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare.

(b) Roof-mounted and wall-mounted accessory solar energy systems:

[1] A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

[2] The total height of a building with an ASES shall not exceed by more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

[3] Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

[4] Solar panels shall not extend beyond any portion of the roof edge.

[5] For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.

(c) Ground-mounted accessory solar energy systems:

[1] Setbacks.

[a] All components, including fencing, of a ASES shall be set back from any property line a minimum of 50 feet.

[b] A ground-mounted ASES shall not be located in the required front yard, unless the principal structure is set back more than 500 feet from the front lot line, in which case, the ASES shall be set back not less than 200 feet from the front lot line.

[2] Height. Ground-mounted ASES shall not exceed 15 feet in height above the ground elevation surrounding the systems.

[3] Coverage.

[a] The following components of a ground-mounted ASES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:

[i] Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

[ii] All mechanical equipment of the system including any structure for batteries or storage cells.

[b] The horizontal area of a ground-mounted solar panel which allows for vegetation below the panels shall not be included in the impervious coverage limitations for the underlying Zoning District.

[4] Screening. Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes in accordance with the screening requirements of the Zoning Ordinance.

[5] Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

[6] Ground-mounted ASES shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system, unless the applicant can demonstrate, to the satisfaction of the Township, that the ASES will not impede stormwater management, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

[7] Stormwater management.

[a] Stormwater runoff from an ASES shall be managed in accordance with the requirements of the Hamilton Township Stormwater Management Ordinance.

[b] Where solar panels are mounted above the ground surface allowing for vegetation below the panels, the horizontal area of the panel may be considered a disconnected impervious area ("DIA") and therefore, will have no increase from the pre-development to post-development runoff coefficient. The horizontal area of the panel can only be considered a DIA if the following conditions apply:

[i] Where natural vegetative cover is preserved and/or restored utilizing low-impact construction techniques from the Pennsylvania Department of Environmental Protection Stormwater Best Management Practices Manual, including, but not limited to the following: minimizing the total disturbed area, minimizing soil compaction in disturbed areas, and re-vegetating and re-foresting disturbed areas using native species.

[ii] Where the vegetative cover has a minimum uniform 90% perennial vegetative cover with a density capable of resisting accelerated erosion and sedimentation.

[A] For panels located on slopes of 0% to 5% a minimum four-inch height of vegetative cover shall be maintained.

[B] For panels located on slopes between 5% and 10% a meadow condition shall be maintained.

[C] Panels located on slopes between 10% and 15% cannot be considered DIA.

[D] Solar panels located on slopes over 15% are not permitted.

[E] Vegetated areas shall not be subject to chemical fertilization or herbicide/pesticides application, except for those applications necessary to establish the vegetative cover or to prevent invasive species and in accordance with an approved erosion and sediment control plan.

[F] Agrivoltaics, the co-development of the same area of land for both solar photovoltaic power and conventional agriculture, may be used provided that:

{1}	Only shade tolerant crops may be used;
{2}	Crops must be not tilled in,
{3}	A written erosion and sediment control plan must be developed for agricultural plowing or tilling activities or a portion of the overall farm conservation plan must identify the best management practices (BMPs) used;
{4}	Any cutting or mowing of the agricultural crop is limited to a height of no less than four inches;
{5}	Application of chemical fertilization or herbicides/pesticides is limited to the agronomic needs to the crop(s).

[iii] Where the solar panels within a solar array are arranged in a fashion that:

[A] Allows the passage of runoff between each solar panel, thereby minimizing the creation of concentrated runoff.

[B] Allows for the growth of vegetation beneath the panel and between the solar arrays.

[iv] Where the length of the receiving, overland, vegetated area, downhill of each solar arrays is equal to or greater than the contributing, maximum, combined, horizontal length of the solar arrays. The grass area below each solar array shall not be considered in the length of the receiving, overland, vegetated area.

[v] Where the contribution flow path or total combined horizontal length of a solar array is less than 75 feet.

[vi] Where less than 5% of the horizontal area of the solar panels themselves are disturbed and/or covered by the ground-mounted support structures of foundation.

[vii] Where the lowest vertical clearance along the drip edge or drip line of all solar panels within a solar array is 10 feet or less from the surface of the ground but an adequate height to promote vegetative growth below the solar array.

[viii] Where the drip edge or drip line of the solar panels are mounted level to promote sheet flow discharge unless no more than 500 square feet of contributing surface will discharge to any one point, in which case a spreading device is required for the concentrated discharges.

[c] The horizontal area of any solar panel or solar array that cannot meet all the conditions to be considered DIA, as listed in § 150-96C(9)(c)[7][b], shall be treated as impervious area. These areas shall be included in the pre-development to post-development runoff analysis as impervious area to determine the need for post-construction stormwater management ("PCSM") best management practices.

[i] Use of gravel is permissible under a panel or in the receiving downhill flow path; however, the use of gravel would not allow the horizontal area of the solar panel or solar array to be considered as a DIA.

[ii] All impervious areas associated with the ASES such as roadways and support buildings cannot be considered a DIA and shall follow normal protocols when performing the PCSM stormwater analysis.

[iii] When the ground-mounted solar panels cannot meet the conditions to be considered a DIA, the impervious area shall be analyzed using the Industrial Land Use Description with Runoff Curve Numbers between 81 for Hydraulic Soil Group A and 93 for Hydraulic Soil Group D.

(10) Personal use building.

[Added 2-5-2024]

(a) A personal use building shall be permitted on a vacant lot with no established principal use. A maximum of one personal use building may be constructed.

(b) The personal use building shall only be permitted to be used by the property owner for personal use. The personal use building shall not be used for commercial purposes, or for any purpose that is related to a commercial use or uses on other properties.

(c) The personal use building shall not be leased to any other person for any purpose.

(d) The minimum front setback for a personal use building shall be 75 feet.

(e) The personal use building shall comply with all dimensional requirements of the underlying zoning district, except for the minimum front setback requirement which shall be in accordance with the requirements established in § 150-96C(10)(d) above.

(f) The personal use building shall not be served by or connected to a septic system or a water source. The accessory building may be connected to electrical service.

(g) Stormwater runoff from the personal use building shall be managed in accordance with the requirements of the Hamilton Township Stormwater Management Ordinance.[2]

[2] Editor's Note: See Ch. 117, Stormwater Management.

§ 150-97 Performance standards for temporary uses.

A. A temporary permit may be issued for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

B. The life of such permit shall not exceed one year, unless authorized by the Zoning Hearing Board.

C. Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board as a special exception when deemed necessary to protect the public health or welfare, and to promote the proper development of the Township.

D. Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.

E. Temporary uses.

(1) Garage and yard sales.

(a) Within any zoning district, an owner, or occupant with signed authorization of the property owner and all applicable permits, of a residential use may conduct up to two garage/yard sales with a maximum length of three days each per calendar year.

(b) No garage/yard sale shall be conducted for a period longer than three consecutive days.

(c) Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted.

(2) Portable storage units.

(a) No portable storage unit shall be maintained within 10 feet for any street right-of-way.

(b) A portable storage unit shall be no larger than eight feet wide, 16 feet long and eight feet high if located less than 500 feet from a dwelling not owned by the owner of the portable storage unit.

(c) No portable storage unit shall remain in a residential zoning district in excess of 14 consecutive days, or in excess of 30 days in any calendar year.

(d) No portable storage unit shall remain on a lot in a nonresidential zoning district in excess of 30 consecutive days, or in excess of 45 days in any calendar year.

(e) A portable storage unit shall be permitted during construction, reconstruction, alteration, or renovation of the principal building and for an additional period of three days before and after such activity, provided a building permit has been issued by the Township. The portable storage unit shall be removed from the lot before the Township Zoning Officer issues an occupancy permit.

(f) A portable storage unit may be located on a lot during an emergency situation as declared by the appropriate federal, state, county, or Township agency pursuant to a temporary permit issued by the Township Zoning Officer.

(g) The Township Zoning Officer shall determine the most appropriate location for the portable storage unit to be placed on the lot. The issuance of a permit shall allow the applicant to place the portable storage unit on the subject lot in the location specified in the permit in conformance with the requirement of this section. The permit shall be posted in plain view on the subject lot.

(3) Public event uses involving large or unusual assemblages of people and/or automobiles shall be allowed by permit and then only when such use conforms to every term and condition of the permit.

(4) Temporary retail sales.

(a) Only one temporary retail sales event may take place on a lot at any given time.

(b) Temporary retail sales hours of operation shall be limited to the hours of 6:00 a.m. to 10:00 p.m.

(c) Temporary retail sales may take place in parking areas subject to maintaining sufficient parking for all uses located on that site.

(d) Temporary retail sales shall not disrupt the daily operations of the principal business located on the lot.

§ 150-98 Performance standards for specific uses.

In addition to the general provisions for uses within a particular zoning district established in Articles IV through XIII, and the additional general regulations for all uses in Article XIV and elsewhere in the chapter, these performance standards specific uses set forth the specific standards that shall be applied to each use identified herein. These performance standards must be satisfied prior to approval of any application for a zoning permit, conditional use, special exception or variance.

A. Adult-oriented use/adult-oriented retail use.

(1) No more than one adult-oriented use shall be permitted in any one building.

(2) No adult-oriented use shall be located within 500 feet of any building within which is located another adult entertainment use.

(3) No adult-oriented use shall be located within 1,000 feet of an AP, RR, R-1, R-2, or R-3 District. Where a residential development has been constructed within the C District according to the special exception standards of this article, the above location standard shall also be applied.

(4) No adult-oriented use shall be located within 1,000 feet of any lot upon which is located a school, place of worship, child-care facility, public park or playground.

(5) The landscaping standards of this chapter shall be met.

(6) The building occupied as an adult-oriented use shall have an opaque covering over all windows and/or glass doors to prevent items and/or services from being visible from outside the building.

(7) No sign shall be erected on the premises depicting or giving a visual representation of the types of items and/or services offered within the establishment.

B. Agribusiness operations.

[Amended 2-5-2024]

(1) These standards apply to the development of new agribusiness operations or the expansion of existing agribusiness operations.

(2) Minimum lot size shall be 50 acres. Where a lot is comprised of more than one tract, the owner of such tracts shall combine them under a single deed, which will preclude individual tracts being placed in separate ownership without processing a subdivision plan in accordance with the Hamilton Township Subdivision and Land Development Ordinance.[1] The deed shall be recorded in the Adams County Register and Recorders Office, and a copy of such deed shall be included in the applicant's special exception application.

[1] Editor's Note: See Ch. 120, Subdivision and Land Development.

(3) Setbacks: The following setbacks are required:

(a) For new agribusiness operations, the structure housing the agribusiness operation shall be located no closer than:

[1] Two hundred feet from any front property line, or from any public road center line where the subject property is located on both sides of a public road.

[2] One hundred feet from any side or rear property line.

[3] One thousand feet from any dwelling or water well not owned by the owner of the agribusiness operation.

[4] One thousand feet from any place of worship or school property line.

(b) For expansions of existing agribusiness operations, any additional building coverage shall not be located on the property in such a manner that would increase the degree of nonconformity of the existing operation, if such nonconformity exists, with the setback requirements established by this section.

(c) For new agribusiness operations or expansions of existing agribusiness operations, any manure storage facility shall be designed, located, and managed in accordance with the setback requirements established by the Pennsylvania Nutrient Management Law.

(4) Maximum impervious lot coverage shall not exceed 10%.

(5) For new agribusiness operations, or expansions of existing agribusiness operations, which require a nutrient management plan in accordance with the Pennsylvania Manure Management Law, the applicant shall demonstrate that such plan has been prepared and submitted to the Adams County Conservation District for review prior to the special exception hearing of the Zoning Hearing Board. Further, the applicant shall demonstrate that such plan has been approved by the Adams County Conservation District prior to the issuance of the zoning permit in accordance with § 150-130 of this chapter.

(6) A water supply feasibility report shall be prepared to demonstrate that sufficient water resources are available to serve the project without adversely affecting the area's groundwater supplies, specifically the groundwater supplies serving surrounding properties. The report shall assess any water quality and water quantity impacts for all public and private wells within one mile of the proposed agribusiness operation. The report shall be prepared by a licensed hydrogeologist.

(7) The applicant shall demonstrate, to the satisfaction of the Zoning Hearing Board, that its methods of disposing of dead animals are in strict compliance with applicable standards established by the Pennsylvania Department of Environmental Protection. Dead turkeys, chickens, poults, swine, shoats or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner that minimizes the spread of odors and disease.

(8) A land development plan shall be submitted to, and approved by, the Township in accordance with the provisions of the Hamilton Township Subdivision and Land Development Ordinance.

(9) Areas designed for outdoor storage of pallets, machinery, or other materials shall be screened by either a fence of at least eight feet in height, or a landscaping of sufficient height to shield the outdoor storage area from view from adjoining properties or public roadways.

(10) The perimeter of any parking area shall be landscaped with at least three of the following materials: landscape mulch, grass, shrubs, and trees.

C. Agricultural society meeting halls.

(1) The minimum lot width shall be 200 feet.

(2) The maximum lot size shall be three acres.

(3) A maximum of 60% of the site may be covered with impervious materials.

(4) In addition to the standards of Article XVII of this chapter, parking areas shall not be located between the structure and the road right-of-way, but shall instead be located to the rear or side of the structure.

D. Agricultural tourism operation.

[Amended 2-5-2024]

(1) Agricultural tourism is deemed to include a variety of activities designed to provide recreation, entertainment, education, and/or tourism opportunities within an agricultural setting. Agricultural tourism includes hay rides, corn or hay mazes, petting zoos comprised of farm animals, farm tours or stays, historical or living history farms, farm museums, U-pick operations, tree farms, or other operations deemed by the Zoning Hearing Board, upon Planning Commission review and recommendation, to be of the same general nature as the above uses. Agricultural tourism uses shall be operated as an accessory use to a farm or agricultural operation.

(2) The owner of the agricultural tourism use shall be the owner of the farm upon which the agricultural tourism use is located.

(3) Agricultural tourism uses shall be located on a farm or on a property on which agricultural products are grown or produced.

(4) The maximum floor area of any structure devoted to an agricultural tourism use shall be 15,000 square feet of publicly accessible sales activity area.

(5) Within the Agricultural Preservation (AP) District, an agricultural tourism use shall contribute to the total number of uses or lots that may be developed on a property in accordance with § 150-16A(1) or § 150-16B(1).

(6) A traffic operations plan shall be provided demonstrating ingress, egress and any internal or external traffic control measures planned to address site access control during events.

E. Bed-and-breakfast inns.

(1) Such establishments shall be located in a private residence.

(2) The owner of a bed-and-breakfast establishment shall be the primary occupant of the establishment.

(3) All served meals shall be included in the lodging charge. No meals may be served to the general public.

(4) Appropriate state and Township licenses shall be obtained.

(5) Vegetative screening, including landscape mulch, grass, and shrubs, shall be located around the perimeter of the parking area to preserve the residential appearance of the property.

(6) All area and bulk regulations of the prevailing zoning district for single-family dwellings shall apply.

F. Campground.

(1) A minimum lot or site size of 15 acres shall be provided.

(2) No building, structure, or parking area shall be located closer than 75 feet to a property line.

(3) The maximum impervious lot coverage shall be 25%.

G. Cluster residential development.

[Amended 3-2-2020]

(1) These requirements shall be applied to proposed residential developments within The R-1 Low Density Residential District, the R-3 Moderate Density Residential District and the MU Mixed Use Corridor District.

(2) The minimum area for a cluster residential development shall be 10 acres.

(3) Cluster residential developments shall be provided either with public sewer and public water, or shall be provided with an alternative sewage treatment system, such as spray irrigation and artificial wetlands, approved by the Pennsylvania Department of Environmental Protection, and for which a permanent maintenance agreement is legally approved between the Hamilton Township Supervisors, the developer, and any homeowners' association which is created to manage such facilities and the open space areas that result from a cluster residential development.

(4) Permitted dwelling unit types for cluster residential developments within the R-1 Low Density Residential District include single-family detached dwellings.

(5) Permitted dwelling unit types for cluster residential developments within the R-3 Moderate Density Residential District include single-family detached dwellings, single-family, semi-detached dwellings (twins), two-family dwellings (duplexes), and townhouses.

(6) Permitted dwelling unit types for cluster residential developments within MU Mixed Use Corridor District include single-family detached dwellings, single-family, semi-detached dwellings (twins), and two-family dwellings (duplexes). Cluster residential developments within the MU Mixed Use Corridor District shall include two or more dwelling unit types.

(7) A minimum of 50% of the parcel proposed for cluster residential development shall be preserved as open space in accordance with the standards established by this section.

(8) In return for the permanent preservation of open space within the cluster residential development, the applicant may increase the density of the proposed development in accordance with the standards established in §§ 150-32A(2), 150-44A(2), and 150-58A(4) or § 150-58A(5).

(9) Townhouses proposed within a cluster residential development shall comply with the townhouse community standards established in § 150-98.

H. Cluster development open space.

(1) Open space requirements.

(a) The open space resource shall include floodplains, wetlands, woodlands, steep slopes, rock outcrops, and other environmentally sensitive features worthy of preservation. Such environmentally sensitive features shall be retained in their natural state.

(b) In addition to environmentally sensitive features, land deemed suitable for development shall be included in the required open space resource to allow for potential recreation amenities. Stormwater management facilities shall not be located in the required open space resource unless they meet at least one of the following criteria: 1) they are located entirely underground; 2) they are designed to resemble a natural water feature, such as a pond or wetland; or 3) they are designed to blend into the scenic landscape, such as a long, low berm graded to resemble a natural land contour.

(c) Open space shall be concentrated on the site and usable for active or passive recreation on the site, or shall consist of agricultural soils which could be made available, through leasehold arrangements, for agricultural purposes. Open space should be arranged such that the maximum number of residential units are provided direct visual access to permanently preserved open space.

(d) Applicants are strongly encouraged to establish greenways which could logically link with similar open space area on adjoining lands. These greenways may include bikeways, pedestrian paths, and other linkages. Topographic features, such as streambeds and hedgerows, may form the "backbone" for such greenway networks.

(2) Ownership and maintenance of required open space.

(a) All open space areas within a cluster development shall be offered for dedication to and for no consideration to be paid by the Township. The Township shall have the option to accept all or any portion of the open space at any time within 10 years of the recording of the final subdivision plan. However, the Township is under no obligation to accept any open space area within a cluster development.

(b) The final subdivision or land development plan shall contain a note, in language that is acceptable to the Township Solicitor, stating that the open space is irrevocably offered for dedication to the Township for a period of 10 years from the date of the recording of the final plan. Said note shall also state that the Township shall have no duty to maintain or improve the dedicated open space unless and until it has been accepted by formal action of the Township Supervisors.

(c) The applicant may request the Township to accept dedication of the open space upon recording of the final plan, but a refusal by the Township to do so shall not limit the Township's rights to accept all or any portion of the open space at any time within 10 years after the recording of the final plan.

(d) If the Township does not accept dedication of the open space upon recording of the final plan, the developer shall make arrangements for the permanent maintenance of the open space through the formation of a homeowners' association. Any such homeowners' association shall comply with the requirements for such associations contained in the Pennsylvania Uniform Planned Community Act,[2] and the developer shall present all documents relating to the creation of such association to the Township for the review and approval of the Township Solicitor.

[2] Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.

(e) If such association fails to properly maintain the open space, the Township shall have the same rights granted to municipalities under Section 705 of the PA MPC.[3] The deed which transfers the open space to the homeowners' association shall contain specific reference to the Township's rights under this section.

[3] Editor's Note: See 53 P.S. 10705.

(f) If the Township accepts any or all open space, such action shall be evidenced by a recorded instrument, the terms of which shall be subject to the approval of the Township Solicitor.

(g) Any deed transferring the open space to the Township or to a homeowners' association shall contain an endorsement which shall indicate that all open space is restricted for use as open space in perpetuity. The deed shall be subject to approval by the Board of Supervisors and the Township Solicitor.

I. Combination of residential cluster and estate lots.

(1) The lot size and arrangement standards established for cluster development and estate lots, respectively, pursuant this section shall be applied.

(2) No more than 20% of the lots proposed in a "combination of residential cluster and estate lots" proposal may be estate lots.

(3) Seventy-five percent of the area of the parent tract shall be retained as open land in accordance with the standards established in § 150-25. The portion of each estate lot, not included in the living area, may be included in achieving the 75% open land requirement.

J. Convenience stores.

(1) The use shall be located on a lot abutting a collector or arterial street.

(2) The outdoor display of products for sale at the establishment shall not be permitted.

(3) Signage shall be in compliance with the provisions of Article XVI of this chapter.

(4) Any outdoor lighting shall comply with the provisions of this chapter.

(5) Convenience stores may include fuel pumps, which shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road center line, whichever is greater.

(6) All activities except those to be performed at the fuel pumps shall be performed within a building.

K. Estate lots.

[Amended 2-5-2024]

(1) The minimum lot size shall be five acres.

(2) A maximum of 1.25 acres within an estate lot may be devoted to the estate lot living area.

(3) The living area shall comply with the setbacks of the underlying zoning district.

(4) The living area of an estate lot shall be located in an area relatively free of sensitive environmental features including, but not limited to, floodplains, designated wetlands, and slopes in excess of 15%.

(5) The living area of an estate lot shall be located to minimize disturbance to existing woodlands, hedgerows, mature tree stands, and other significant vegetation.

(6) The living area of an estate lot shall be located to minimize visual impacts on the rural landscape. To meet this requirement, living areas should not, at a minimum, be located on the tops or ridgelines or in the middle of open fields.

(7) Seventy-five percent of the area of an estate lot shall be retained as open land, in accordance with the standards established in § 150-24. The portion of each estate lot not included in the living area shall be considered in meeting this requirement.

(8) Estate lots shall be restricted by deed restriction, in language acceptable to the Township Solicitor, to prohibit further subdivision.

(9) The tentative location of the living area of an estate lot shall be depicted on any subdivision or land development plan creating the estate lot. The final location of the living area shall be confirmed as part of the zoning permit application process.

L. Financial institutions.

(1) Space for a minimum of eight occupied vehicles is required for those patrons waiting in line for drive-through service. This distance shall be measured from the point at which drive-through patrons receive banking services at bank teller windows or remote teller stations.

(2) The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.

(3) The drive-through facility, including teller windows and remote teller stations, and the driveway shall be located along the side or rear of the financial institution. In no event shall the drive-through facility be permitted along the front of the financial institution, between the principal structure and the adjoining public road.

(4) A site plan shall be provided to the Zoning Hearing Board for use during the special exception hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information.

M. Forestry.

(1) Timber harvesting shall be performed only in accordance with a forest management plan or a forest stewardship plan prepared by a forester.

(2) These provisions shall apply when timber harvesting is the principal use on a property, when it is a secondary operation to another principal use, or when it is associated with a subdivision or land development of the property.

(3) Not more than 30% of the existing forestland on any lot may be harvested in any calendar year.

(4) Erosion and sedimentation control plans shall be approved by the Adams County Conservation District.

(5) Replanting plants specifying the type of replanting and the schedule of replanting shall be approved by the Board of Supervisors.

(6) The applicant shall submit the following plans and reports to the Township at least 60 days prior to the scheduled start of the timber harvesting operations:

(a) The forest management plan or forest stewardship plan addressing ecological considerations, forest health, soil and water resources, flora and fauna resources, nontimber forest products, silviculture/timber management, and infrastructure.

(b) A tree inventory report prepared by a qualified horticulturist, forester, arborist, or landscape architect addressing tree species and sizes, tree identification numbers, caliper [diameter at breast height (dbh), typically 4.5 feet from the ground], tree height, distance to dripline direction of low or unusual branching, tree condition, suitability for preservation, and maintenance recommendations.

(c) An erosion and sediment pollution control plan (E&SPC plan) utilizing best management practices (BMPs) designed to prevent erosion and sedimentation during and after the timber harvesting operations. Evidence that the E&SPC plan has been approved by the Adams County Conservation District and/or the PA Department of Environmental Protection shall be submitted prior to the start of the timber harvest.

(7) The use of diameter-based cutting methods is not permitted unless fully justified by the forester preparing the plan. Diameter-based cutting methods include, but are not limited to, diameter limit cut and high grading.

(8) Clear-cutting is only permitted when the Forestry Bureau's reservation guidelines are followed and is fully justified by the forester preparing the plan as the timber harvest method necessary to improve a forest or stand that contains defective, decayed, diseased, or dying trees.

(9) All cutting, removal, skidding, and transporting of trees shall be planned and performed in such a manner as to minimize the disturbance of other trees and vegetation.

(10) Roads and trails shall be constructed, maintained, and abandoned in such a manner as to prevent soil erosion and damage to waterways.

(11) Stream crossings shall be avoided, but where deemed necessary, such crossings shall be made at a right angle and shall incorporate appropriate culverts or bridges. Skidding across a live or intermittent stream is prohibited except by suitable bridges and culverts.

(12) Buffer zones of 50 feet, within which no timber harvesting operations shall take place, shall be maintained along all roads and abutting properties.

(13) Felling or skidding across property of others is prohibited without the express written consent of the owners of such property. Felling or skidding across roads is prohibited.

(14) No tops or slash shall be left within 50 feet of any public road right-of-way or adjoining property; within 25 feet of any stream or historic or scenic trail; or within 10 feet of any drainage ditch or floodplain.

(15) During periods of abnormal forest fire danger, as determined by the State Fire Marshal, the Township shall have the right to order a suspension of all timber harvesting operations until the danger subsides.

(16) Timber harvesting and tree removal shall comply with all other applicable provisions of this chapter, including, but not limited to, wetland buffers and riparian buffers.

(17) When timber harvesting and tree removal is in association with a subdivision or land development, the following applies:

(a) The reports and supplemental information required by this section shall be used to determine the most appropriate layout of the development with consideration given to trees to be preserved and the species, size, and location of replacement tree planting.

(b) Timber harvesting shall not take place prior to approval of the final plan of the subdivision or land development.

(c) The erosion and sediment pollution control plan may be incorporated into the overall E&SPC plan for the development, provided that all requirements of this section are met.

(d) Timber harvesting shall only be one of the following methods: a) improvement cutting; b) salvage cutting; c) single tree selection method; or d) other methods, except diameter limit cut, high grading and clear cutting may be permitted by the Township when fully justified by the forester preparing the plan.

(e) Trees included in the tree inventory report within the area of proposed development (such as within proposed road right-of-way, sanitary sewer, water line, storm sewer easements, and initial building site locations) that were considered suitable for preservation with a suitability for preservation rating of excellent, good, or fair and were harvested or removed for development shall be replaced with trees of the same species or an alternate species approved by the Township Planning Commission at the rate of 1/2 inch replacement diameter per one inch diameter of harvested or removed trees. Replacement trees shall have a minimum caliper of 2.5 inches.

(f) Trees included in the tree inventory report that are outside of the proposed development area and considered suitable for preservation with suitability for preservation rating of excellent, good, or fair and were harvested shall be replaced in accordance with the forest management plan or forest stewardship plan submitted as part of the timber harvest.

(g) The replacement trees shall be in addition to any required street trees, buffer screens, and landscaping trees and shall be located within the development area.

(h) The subdivision or land development plan shall include a tree preservation plan indicating any trees scheduled for preservation and measures necessary to ensure their preservation, including but not limited to the construction of retaining walls, no fill/cut zones, no construction traffic or stockpile of material zones, and maintenance recommendations from the tree inventory report.

(i) Any deviation from the tree preservation plan resulting in impacts to or removal of trees designated for preservation shall require the approval by the Board of Supervisors with recommendations from the Planning Commission.

N. Golf courses.

(1) The following minimum lot sizes shall be applied:

(a) Forty-five acres for an eighteen-hole, par three course.

(b) Sixty acres for a nine-hole course.

(c) One hundred acres for an eighteen-hole, regulation course.

(2) The course shall be designed so that golf balls will not be driven over or across any building, building lot, road, access drive, driveway, or parking lot.

(3) The golf course shall be designed to minimize the need of golf carts crossing public streets or roadways. Where a golf cart path crosses a public street or roadway, such crossing shall be signed warning oncoming motorists and pedestrians.

(4) The following setbacks shall be applied:

(a) For fairways and greens, 150 feet from any existing or proposed residential structure or residential lot.

(b) For fairways and greens, 100 feet from any existing or proposed nonresidential structure or nonresidential lot.

(c) For golf course buildings and structures, 250 feet from all lot lines.

(5) No outdoor storage of golf carts, maintenance equipment, or golf course landscaping materials shall be permitted.

(6) A golf course may include the following accessory uses:

(a) A clubhouse with a pro shop, offices, restaurant or snack bar, game room, and child-care room.

(b) A golf cart and equipment maintenance, storage, and service building.

(c) Practice putting green and driving ranges, provided that no outdoor lighting is provided.

(7) All dumpsters and off-street parking areas shall be screened from adjoining or nearby residences, and from adjoining public streets or roadways, in accordance with the following requirements:

(a) The landscaped area shall be a minimum of 15 feet wide, measured outward from the edge of the dumpster pad or parking lot surface.

(b) For the length of the landscaped area, a tree shall be planted at no less than twenty-foot intervals.

(c) Required tree plantings shall have a minimum height of eight feet and a minimum caliper of two inches, measured at three feet from ground level.

(8) The applicant shall demonstrate that the golf course is designed to minimize the amount of regrading necessary. The applicant shall demonstrate that existing, natural contours are incorporated into the golf course design to the maximum extent feasible.

(9) The applicant shall demonstrate that disturbance, including removal of existing vegetation, to sensitive environmental features is minimized to the maximum extent feasible. Sensitive environmental features include, but are not necessarily limited to, slopes in excess of 15%, wetlands, woodlands, and designated floodplains.

(10) The applicant shall demonstrate compliance with the open land requirements of § 150-25. The applicant may include golf course fairways and greens in calculating the open land percentage.

(11) A water supply feasibility report shall be prepared to demonstrate that sufficient water resources are available to serve the proposal. The report shall assess any water quality and water quantity impacts for all public and private wells within one mile of the proposed golf course, including those impacts that may result from fertilization practices. The report shall be prepared by a licensed hydrogeologist.

O. Group homes.

(1) The provider and the structure shall be licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations.

(2) No more than six residents shall occupy a group home at one time.

(3) There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.

(4) Any medical or counseling services provided shall be done so only for residents.

(5) The lot on which a group home is located shall be at least 1,000 feet from the lot on which another group home is located. Such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot.

(6) There shall be no alteration to the outside of the structure that would alter the single-family character of the dwelling, be inconsistent with the basic architecture of the dwelling, or be incompatible with surrounding dwellings.

(7) No sign for the group home shall be displayed.

(8) Off-street parking shall be provided in accordance with Article XVII of this chapter.

P. Heavy manufacturing uses.

(1) Dust and other similar types of air pollution borne by wind from storage areas, yards, parking areas, or other areas shall be minimized by landscaping, sealing, or other acceptable means.

(2) No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, to an extent so as to be readily discernible without instruments from the boundaries of the property.

(3) No operation may emit, from any process, smoke or steam that exceeds any standard established by a state or federal law, regulation or agency.

(4) Electric or electronic equipment shall be shielded such that no interference of radio and television broadcasts shall be discerned beyond the property.

(5) No operation shall produce a sound pressure level on adjacent property in excess 65 decibels for residential property and 70 decibels for nonresidential property. The maximum permitted sound levels shall be reduced by 10 decibels between the hours of 6:00 p.m. and 7:00 a.m.

(6) No operation shall produce at any point along the property line a continuous earthborn vibration so as to be readily discernible without instruments from the boundaries of the property.

Q. Home occupations.

(1) These provisions do not apply to no-impact home-based businesses.

(2) Home occupations may include art studios; barber shops and beauty salons containing a maximum of two chairs; instructional services limited to two pupils at a time; professional office for a physician, lawyer, accountant, real estate agent, architect, or similar professional; sale of specialty "homemade food" products; appliance or small machinery repair; craft shop; in-home day care; or other home businesses of a similar nature.

(3) The home occupation shall be performed completely within the dwelling unit.

(4) No more than three persons, including the property owner, shall be employed in the home occupation.

(5) No more than 30% of the habitable floor area of the dwelling unit shall be devoted to a home occupation.

(6) Exterior storage of materials shall be prohibited.

(7) The residential character of the dwelling unit shall not be altered to indicate the presence of a home occupation.

(8) Exterior signs shall be limited to those signs permitted in Article XVI of this chapter.

(9) A home occupation shall not produce offensive noise, vibration, particulate matter, heat, glare, or other similar condition that would detract from the residential nature of the surrounding neighborhood.

R. Hospital.

(1) A hospital shall have a minimum tract size of 10 acres. Each lot within a hospital development shall comply with the minimum lot area and width requirements of the zoning district within which it is located.

(2) A hospital shall be located on a lot abutting and having direct vehicular access onto an arterial or collector street as defined in this chapter.

(3) A minimum of two access drives, complying with the width requirements of § 120-24 of the Township Subdivision and land Development Ordinance, shall be provided from such arterial or collector road. However, the hospital shall make the maximum use possible of interior roads or access drives, as opposed to numerous driveways entering onto existing public roads.

(4) A hospital may include various accessory uses that are customarily incidental to and in direct support of the primary health care mission of the hospital. Such accessory uses could include the following facilities, which shall be integrated with the hospital facilities:

(a) Medical and administrative offices.

(b) Medical laboratory or blood donor station.

(c) Patient hostel.

(d) Hospital staff dormitory.

(e) Ambulance service.

(f) Methadone clinics and drug rehabilitation facilities.

(g) Pharmacy.

(h) Gift shop.

(i) Teaching facilities.

(j) Research facilities.

(k) Interior service and convenience uses.

(5) The principal and accessory uses comprising the hospital may be located in a single building or may consist of several buildings located on one or more lots. In the case of multiple buildings on a single lot, the provisions of § 150-89 regarding two or more principal buildings on a lot shall not apply.

(6) Regardless of the number of buildings on a lot, all front, rear, and side yard building setbacks for the zoning district within which it is located shall apply.

(7) The hospital shall be in single ownership and shall consist of harmonious groupings of buildings, service and parking areas, circulation, and open space.

(8) Off-street parking shall be permitted in the areas required for front, side, and rear yard setbacks up to a point of 25 feet from any front, side, or rear lot line of the hospital. This setback shall not be applied along internal lot lines of the hospital for common parking areas serving buildings on multiple lots. All parking areas shall be suitably paved with permanent hard-surface coverings.

(9) Where a hospital contains any of the accessory uses listed above, the number of parking spaces required shall be the sum of the parking requirements for each separate principal and accessory use.

(10) All buildings within a hospital development shall be provided with centralized sewer and water services.

(11) The facility shall comply with all applicable federal, state, county, and local regulations and shall be licensed as required by the state.

(12) Lighting for buildings, accessways and parking areas shall comply with the requirements of this chapter.

(13) Any patient hostel or hospital staff dormitory shall comply with the following requirements:

(a) Permitted accessory uses include off-street parking, indoor vending machines and laundry facilities. These accessory uses shall be intended only for use by the residents of the patient hostel or the hospital staff dormitory.

(b) Any hospital staff dormitory shall be located a minimum of 150 feet from any lot line of an existing dwelling or boundary of a residential district.

(c) Any hospital staff dormitory shall have a maximum capacity of one resident per 500 square feet of lot area and shall be restricted to hospital staff members.

S. Junkyards.

(1) Junkyards shall be in compliance with the Hamilton Township Junkyard Ordinance.[4]

[4] Editor's Note: See Ch. 81, Junkyards and Junk Dealers.

T. Mineral extraction and recovery operations.

(1) Sandpits, gravel pits, removal of topsoil and the excavation, extraction or removal of any natural resource from the land or ground for any purpose are permitted subject to the following conditions.

(2) The facility shall meet all state and federal regulations regarding the mining plan and operational requirements. The applicant shall demonstrate to the Zoning Hearing Board that appropriate state and/or federal permits have been applied for. Proof of issuance of such permits shall be required prior to the issuance by the Township of a zoning permit to establish the use.

(3) A six-foot fence shall surround the area of actual quarrying.

(4) Where the quarry operation will, in the opinion of the Zoning Hearing Board, impair the beauty and character of the surrounding countryside, trees and shrubs must be planted, or an attractive earth barrier erected, to screen the operation from normal view.

(5) The follow setbacks shall be established:

(a) No stockpiles, waste piles, quarrying pit, processing, or manufacturing equipment may be closer than 1,000 feet from any property line adjoining a nonquarrying use.

(b) No private access road, truck parking area, scales, or operational equipment may be closer than 500 feet from any property line adjoining a nonquarrying use.

(c) Where a mineral recovery operation adjoins another mineral recovery operation, a minimum operational and building setback of 50 feet shall be established.

(6) Within two years of the termination of quarrying operations, the area of the mineral recovery operation shall be restored to the same or improved condition as before the quarrying operation started. The applicant shall submit a restoration plan to the Township for review by the Planning Commission, detailing proposed site restoration activities.

(7) Any person who desires to operate a use described above shall submit land development plans to the Planning Commission and the governing body complying with the provisions of the Township Subdivision and Land Development Ordinance[5] and including the following information:

(a) A map of the lot indicating the open area which is to be used and the setback distance, prepared by a licensed surveyor or engineer.

(b) A description of the specific types of material the applicant proposes to extract from the site, the types of operations which will be conducted, and the procedures which will be utilized.

(c) A statement of qualifications to operate a quarry, mining or excavation facility.

(d) A complete compliance history for any and all similar facilities owned and/or operated by the applicant.

(e) Any and all information provided to the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Agency regarding the proposed site and/or facility.

(f) A sketch showing the landscape plan indicating screening provision.

(g) Preliminary specifications and architectural drawings for all structures and appurtenances to be located on the site.

(h) A photograph of the open area to be used.

(i) A site plan for rehabilitation, showing both existing and proposed final contours, shall be submitted and approved by the Board of Supervisors. After any such operations, the site shall be made reusable for uses permitted in the zoning district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation is terminated. Except where lakes are created and retained, the area shall be brought to final grade by a layer of earth (capable of supporting vegetation) of at least two feet or to original thickness, whichever is less. Fill shall be a suitable material approved by the governing body.

(j) All plans shall be submitted to and approved by the Adams County Conservation District.

[5] Editor's Note: See Ch. 120, Subdivision and Land Development.

(8) The proposed operations shall comply with the following provisions:

(a) The operations shall not adversely affect soil fertility, drainage, and lateral support of abutting land or other properties, nor shall it contribute to soil erosion.

(b) Quarry, mining, excavation, and/or mineral extraction operations shall not be permitted within any wetlands or within 100 feet of any body of surface water.

(c) No quarrying, mining, or excavation operations, including drilling and blasting, shall occur on Sunday and shall not be conducted between 7:00 p.m. and 7:00 a.m. during the remainder of the week.

(d) For any open excavation that would have a depth greater than 10 feet and any slopes greater than 30%, a substantial fence shall be provided and approved by the Zoning Officer as adequate. Such a fence shall include gates at appropriate locations for emergency access.

(e) Grading, backfilling, and replacement of all overburden material shall be done in a manner that will restore the site to the same or more suitable condition and usable grade as existed on the site prior to the mineral extraction operations.

(f) The sidewalls of any quarrying, mining, or excavation operation that are not completely backfilled shall have a slope no greater than one foot of vertical distance for each two feet of horizontal distance.

(g) Dust and debris from the operation shall not be permitted to accumulate within any public right-of-way.

(h) All operations shall be separated from any abutting residential uses by a buffer yard of no less than 100 feet. Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.

(i) All operations shall be set back a minimum of 50 feet from all exterior lot lines and 100 feet from an existing residential use.

(j) All operations shall be reasonably screened from view of arterial and collector roads.

(k) Any portion of an access road that is located within 100 feet of the lot line of a residential use or a primarily residential district shall be provided with a dustless surface.

(l) Access roads shall connect to collector or arterial roads while making every reasonable effort to avoid travel by heavy trucks through residential areas.

(m) At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.

U. Mobile home parks.

(1) All mobile home park proposals shall meet the applicable standards contained in the Hamilton Township Subdivision and Land Development Ordinance.[6]

[6] Editor's Note: See Ch. 120, Subdivision and Land Development.

V. Multifamily community or apartment complex.

(1) The minimum lot size shall be one acre for each proposed apartment building.

(2) The maximum permitted residential density shall be six dwelling units to the acre.

(3) The maximum number of dwelling units in an apartment building shall be eight dwelling units.

(4) The off-street parking requirement may be reduced to one space per unit if the apartments are designed for elderly or handicapped residents and limited to one-bedroom units. All parking spaces shall be located in a common parking area. A maximum of two access driveways are permitted to provide access to the common parking area from public streets. Under no circumstances shall parking be permitted at the edges of the development adjacent to existing public streets.

(5) The minimum separation between apartment or condominium buildings shall be 50 feet.

(6) A site plan must be submitted with each zoning permit application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping, and other features necessary to evaluate the proposed site design.

W. Places of worship.

(1) The minimum lot width shall be 200 feet.

(2) The maximum lot size shall be three acres.

(3) A maximum of 60% of the site may be covered with impervious materials.

(4) In addition to the standards of Article XVII of this chapter, parking areas shall not be located between the worship structure and the road right-of-way but shall instead be located to the rear or side of the structure.

(5) Handicap parking spaces may be located between the structure and the road right-of-way, except that no parking shall be located within the front setback areas.

X. Recycled materials collection and processing facilities.

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

(2) There shall be no outdoor storage of materials collected, used, or generated by the operation.

(3) The applicant shall explain the scope of the operation and any measures used to mitigate problems associated with noise, fumes, dust, and litter.

(4) The applicant will assure regular maintenance and the immediate collection of stray debris.

(5) The lot shall have direct access onto a roadway deemed adequate by the Township Engineer as having adequate structural and geometric characteristics to accommodate the anticipated future truck traffic. The applicant shall supply sufficient supporting documentation and assessment to allow the Zoning Hearing Board to determine compliance with this provision.

(6) The facility shall not be located within 500 feet of any residential use or district.

Y. Residential cluster.

(1) For any residential subdivision approval in accordance with the "residential cluster" option, the proposal must meet these standards.

(2) Minimum lot size: 12,000 square feet.

(3) Maximum lot size: one acre.

(4) Minimum setbacks:

(a) Front yard: 25 feet, measured from the road or common access drive right-of-way.

(b) Rear yard: 25 feet measured from the rear property line.

(c) Side yard: 10 feet measured from the side property line, provided that the combined setback from both side yards is at least 25 feet.

(d) For corner lots, front yard requirements shall be applied along all property boundaries facing road rights-of-way, and rear yard requirements shall be applied along all other property boundaries.

(5) Minimum lot width: 90 feet.

(6) The applicant shall demonstrate that 75% of the land area of the parent tract will remain in open land, in accordance with the open land standards established in § 150-25.

(7) Residential clusters shall be provided with access from new loop roads rather than from the established road network. A subdivision plan proposing a string of residential lots along an established road shall not be considered a residential cluster and shall not be granted special exception approval by the Zoning Hearing Board.

(8) Residential clusters shall be located in areas of the parent tract which are relatively free from sensitive environmental features including, but not limited to, floodplains, designated wetlands, and slopes in excess of 12%.

(9) Residential clusters shall minimize disturbance to existing woodland, hedgerows, mature tree stands, and other significant vegetation.

(10) Residential clusters shall be located to minimize visual impacts on the rural landscape. To meet this requirement, residential clusters shall not be located on the tops or ridgelines or in the middle of open fields.

(11) Residential clusters shall be serviced by a community or public sewage collection and treatment system approved for use by appropriate agencies. On-lot sewage treatment is specifically not permitted in residential cluster projects in this district.

Z. Restaurants with drive-through facilities.

(1) Space for a minimum of eight occupied vehicles is required for those patrons waiting in the drive-through line for service. This distance shall be measured from the point at which food orders may be taken.

(2) The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.

(3) The drive-through facility, including intercom and menu, driveway, and service windows, shall be located along the side or rear of the restaurant. In no event will the drive-through facility be permitted along the front of the restaurant, between the restaurant and the adjoining public road.

(4) A site plan shall be provided to the Zoning Hearing Board for use at the special exception hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Zoning Hearing Board's complete review of the project.

AA. Self-storage facilities.

[Amended 12-4-2023]

(1) Self-storage facilities shall comply with all dimension and design requirements of the underlying zoning district.

(2) Each individual storage unit shall abut a paved access aisle at least 20 feet wide.

(3) All applications for a self-storage facility shall be accompanied by vehicle turning movement templates that demonstrate how vehicles of various sizes will move through the proposed site.

(4) A security fence at least six feet high shall surround a self-storage facility, and access through such fence shall be by way of an automatic gate, security guard, or similar means.

(5) A buffer yard at 25 feet in width, including a planting screen, shall be provided when a self-storage facility abuts an existing residential use or a residential district and shall be in accordance with the standards for such. Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.

(6) The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous, explosive, or highly flammable materials, materials that emit noxious odors, or stockpiling of construction materials shall be permitted. No business activities including, but not limited to, equipment servicing or repair, contractor meeting or staging locations, or trucking terminal shall be conducted on the site. Storage units shall not be used as areas for rehearsals by musical groups.

(7) No storage outside of individual units shall be permitted, except for vehicles, boats or similar vehicles in approved vehicle storage areas.

(8) A self-storage facility may include an office/residence for an on-site manager/caretaker as part of the principal use. This building shall not be used solely as a residence, but must serve, in part, as an office for the self-storage facility. The building shall be occupied as a dwelling by only manager/caretaker and his/her family. A minimum of four parking spaces shall be provided adjacent to the office/residence for use by tenants of the self-storage facility.

(9) All access drives, aisles, parking, and loading areas shall be constructed with a durable, dust-free surface in accordance with applicable requirements of the Hamilton Township Subdivision and Land Development Ordinance.[7] All access drives shall be designed in a manner that ensures all vehicle parking and/or staging will be accommodated on site without creating an obstruction on a public road.

[7] Editor's Note: See Ch. 120, Subdivision and Land Development.

(10) Lighting shall be in permitted in accordance with the Hamilton Township Lighting Ordinance (see Chapter 89, Street and Site Lighting).

BB. Shopping centers.

(1) The Center shall contain a minimum of four separate uses.

(2) Parking lots shall be designed with an easily discernible circulation pattern, and shall meet the following requirements:

(a) Rows of parking shall be arranged perpendicularly from the front of the Center.

(b) The parking lot design and landscaping standards established by Article XVII shall be required.

(c) The minimum distance between the sidewalk adjacent to the main entrances of establishments and the parking area shall be 30 feet. The developer shall prove to the satisfaction of the Zoning Hearing Board that sufficient spaces will exist between the sidewalk and the parking area to allow two-way traffic, and a pickup/fire lane. Parking shall not be permitted in the required pickup/fire lane.

(3) The Center shall be designed as a single architectural entity. Similar building dimensions, materials, and rooflines shall be designed for all proposed uses within the Center.

(4) In addition to the flat or wall sign permitted by Article XVI for each business on a lot, the Center shall be permitted one monument-style sign located near the entrance to the Center. The sign may identify the name of the Center and the individual businesses within the Center. The sign shall not exceed 100 square feet in size on each side of the sign.

CC. Townhouse community.

[Amended 3-2-2020]

(1) The minimum parcel size for a townhouse community project shall be one acre.

(2) The maximum number of attached dwelling units in any townhouse structure shall be six dwelling units.

(3) Any townhouse structure containing four or more dwelling units shall be designed such that the front facade of each dwelling unit is staggered by a minimum differential of two feet from each adjoining dwelling unit.

(4) A townhouse community perimeter setback of 30 feet shall be established. All structural and parking lot improvements shall be subject to the perimeter setback.

(5) Parking areas shall be located either to the rear of individual townhouse buildings or in common parking areas. Under no circumstances shall parking be permitted within the required setbacks along the perimeter of the townhouse community project, nor shall be permitted in the front yards of individual townhouse structures.

(6) A designated open space or recreation area shall be provided for any townhouse project site in excess of 12 units. The minimum open space or recreation area shall contain 300 square feet for each dwelling unit. Where townhouses are proposed as part of a cluster residential development, the open space requirements of § 150-98G and § 150-98H shall take precedence.

(7) The minimum separation between townhouse buildings shall be 30 feet. Townhouse buildings shall be arranged, to the maximum extent possible, such that the front and rear facades of adjacent buildings do not face each other.

(8) Architectural renderings shall be submitted with the special exception application depicting the architectural styles and materials to be used in the townhouse community. A minimum of two visually distinct exterior building materials (such as brick, vinyl siding, or wood) shall be used on each townhouse structure within a townhouse community.

(9) Where permitted by special exception, a site plan must be submitted with the special exception application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping, and other features necessary to evaluate the proposed site design.

DD. Truck terminals, warehouses and/or wholesale businesses.

[Amended 8-7-2023]

(1) These provisions do not apply to wholesale buying or membership clubs that are open to the public.

(2) Truck terminals shall be on property that is not less than 10 acres in size and is immediately adjacent to and has direct access to an arterial roadway identified in the Eastern Adams County Joint Comprehensive Plan.

(3) The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.

(4) A 200-foot setback line shall be required along any boundary line that separates the site from a zoning district that permits residential development or from an existing residential property.

(5) All structures (including, but not limited to, buildings, loading docks, truck maneuvering areas, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line.

(6) A forty-foot buffer yard shall be provided along the exterior lot lines, except for vehicular and pedestrian access areas traversing the yard areas.

(7) Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.

(8) Loading and unloading docks shall be located on the side of the building furthest removed from the closest residential structure.

(9) All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be sufficiently screened from adjoining roads and properties such that same is not visible from the adjoining roads or properties.

(10) Any use where four or more diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of 10 minutes.

(11) Truck or rail access and operations shall not conflict with the convenience and safety of vehicular traffic and parking.

(12) No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, or similar items shall be permitted.

(13) A site plan shall be submitted to the Township Zoning Hearing Board for use at the Zoning Hearing Board hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, and all other pertinent design information needed for the complete review of the project.

(14) The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, in accordance with § 120-36 of the Township Subdivision and Land Development Ordinance.[8]

[8] Editor's Note: See Ch. 120, Subdivision and Land Development.

(15) A lighting plan shall be prepared in accordance with the requirements of the Hamilton Township Lighting Ordinance.[9]

[9] Editor's Note: See Ch. 89, Street and Site Lighting.

(16) In addition to the requirements of Article XVII and § 150-120, the following standards shall apply for all truck parking on site:

(a) All truck parking and staging must be accommodated on site, at all times.

(b) No trucks shall park or stage along any public road at any time.

(c) Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.

(d) The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted.

(e) In addition to one loading space at each loading dock, an additional one truck parking/staging space for every two loading docks shall be required. Truck staging/parking spaces shall be in addition to parking spaces required for any company trucks/vehicles/trailers stored on site.

[1] This requirement may be reduced upon application for a special exception to be approved by the Zoning Hearing Board.

[2] The following conditions shall be satisfied to justify the grant of a special exception:

[a] The application shall include a detailed truck parking/staging plan for the development.

[b] The land development plan shall show the spaces to be removed, and shall identify a reserve area sufficiently sized and situated to be converted into truck staging/parking spaces in the future in the event the development is unable to accommodate all truck parking/staging on site.

[c] The application shall include satisfactory documentation from a traffic engineer or other appropriate professional justifying the reduction in additional truck parking/staging spaces.

EE. Vehicle sales, service and/or repair.

(1) All services not normally associated with vehicular sales, including but not necessarily limited to major vehicular repair, shall be performed within a completely enclosed building.

(2) A site circulation plan shall be devised that separates those patrons awaiting vehicle repair from those patrons awaiting other services. At a minimum, parking shall not be permitted between the service bays and any other component of the operation. A "No Parking" lane shall be established in front of the entrance to the service bays.

(3) A site plan shall be provided to the Zoning Hearing Board for use at the special exception hearing during which the project will be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the Zoning Hearing Board's complete review of the project.

(4) All repair and paint work shall be performed within an enclosed building.

(5) All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

(6) Outdoor storage of vehicles shall not exceed three times the indoor repair area, shall only be back of the front building setback line and shall be no closer than 20 feet from side and rear lot lines.

(7) All dismantled vehicles and vehicle parts are to be located within an enclosed building. Outdoor storage of vehicle parts and junk shall be prohibited.

(8) Yard areas adjacent to any residential lot shall be suitably screened. Within the buffer yard, the developer shall provide vegetation to provide visual screening. The screening shall contain various types and sizes of plant species, arranged in such a manner to establish an effective visual barrier.

(9) Main or accessory buildings shall not be located closer than 50 feet to any residential district or the lot line of any existing principally residential use.

(10) No more than five vehicles in non-drivable condition shall be stored within view of a public road or adjacent lot.

(11) Any vehicle on the premises longer than seven days shall be deemed to be a stored vehicle. No vehicle shall be stored in excess of 45 days.

(12) No recreational vehicle that is under repair at a repair station shall be utilized for temporary dwelling purposes during the time that it is stored at the repair station.

FF. Vehicle washing facility.

(1) Automatic, semiautomatic, and self-service vehicle washing facilities are limited to the services of cleaning and waxing vehicles.

(2) Such activities shall be performed only within enclosed buildings, with the exception of hand-drying and finishing operations.

(3) The lot shall be graded such that process water shall not run off across the lot, onto any adjacent lot, or onto a public road.

(4) A grease trap shall be provided within the sewer hookup designed in accordance with the requirements of the plumbing inspector.

(5) Vehicle storage and waiting spaces shall be provided at the rate of not less than five spaces for each bay in a self-service washing facility and not less than 10 spaces for each vehicle which can be accommodated within an automatic or semiautomatic washing facility.

(6) All vehicle storage and waiting areas shall be designed and located so as not to intrude into any required yard area.

(7) Buildings shall not be located closer than 50 feet to any residential district or any existing residential use.

(8) Where a vehicle washing facility adjoins a residential property or a residential district, the hours of operation shall not be earlier than 6:30 a.m., prevailing time, nor later than 10:00 p.m., prevailing time.

(9) Any drive-through facilities shall comply with the following provisions:

(a) Space for a minimum of eight vehicles is required for those patrons waiting in the drive-through line for service.

(b) The required space for the drive-through line shall be separated, to the maximum feasible extent, from parking spaces for non-drive-through customers and from pedestrian walkways and shall be incorporated into an overall circulation plan for the site.

(c) The drive-through facility shall be located along the side or rear of the building. In no event will the drive-through facility be permitted along the front of the car wash, or between the car wash and the adjoining public road.

GG. Veterinarian facilities and animal hospital.

(1) A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (such as dogs, cats, and birds). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (such as cattle, horses, and other livestock).

(2) All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds outside the building will be minimized and not result in a nuisance.

(3) Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 10:00 p.m. to 7:00 a.m.

(4) An animal hospital shall not include the sheltering of stray, abandoned or unwanted animals.

(5) Animals may be kept overnight on a limited basis as deemed medically necessary by veterinarian for follow-up to specific treatment that requires such a stay. Animals that are kept overnight must remain inside the building and may be taken outside for a limited time only by office staff. The overnight or multinight boarding of animals that is not related to a medical procedure shall be prohibited.

HH. (Reserved)[10]

[10] Editor's Note: Former Subsection HH, Warehouses or wholesale businesses, was repealed 8-7-2023. See now Subsection DD.

II. Wildlife sanctuary/nature preserves.

(1) The use shall be conducted on a lot at least 10 acres in size.

(2) No animal which is dangerous or capable of causing harm to persons or damage to property shall be permitted to roam free.

(3) Every barn, animal shelter, stable, cage, feed yard or manure storage area shall be at least 300 feet from all lot lines, residential district boundaries, and dwellings, except the dwelling of the owner or lessee.

JJ. Wireless communications antennas.

(1) These standards apply to wireless communications antennas mounted on an existing public utility transmission tower, building, or other structure, along with associated communications equipment buildings.

(2) Building-mounted wireless communications antennas shall not be located on any single-family detached dwelling.

(3) Building-mounted wireless communications antennas shall not be permitted to exceed the height limitations of the applicable zoning district by more than 20 feet. Omnidirectional or whip wireless communications antennas shall not exceed 20 feet in height or seven inches in diameter.

(4) Directional or panel wireless communications antennas shall not exceed five feet in height and three feet in width.

(5) Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(6) Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the enforcement officer for compliance with all codes and applicable law.

(7) Any applicant proposing wireless communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and wireless communications equipment building can be accomplished.

(8) Wireless communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(9) Wireless communications antennas shall not cause radio frequency interference with other communications facilities located in Hamilton Township.

(10) Any wireless communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

(11) The owner or operator of the wireless communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

KK. Wireless communications towers.

[Amended 1-3-2022]

(1) Evaluation of siting opportunities. An applicant seeking approval to erect or enlarge a tower-based wireless communications tower shall demonstrate compliance with the following requirements:

(a) An applicant shall demonstrate that all structures in excess of 50 feet in height within a one-mile radius of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, smokestacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site:

[1] The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineer certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.

[2] The proposed antennas and related equipment would cause radio-frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.

[3] The existing structure does not possess appropriate location, space, or access to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.

[4] Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.

[5] A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counteroffers made were deemed to be unreasonable.

(b) If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.

(c) An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.

(d) An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties and indicates how negative impacts will be effectively mitigated.

(2) Siting requirements. Where the applicant has demonstrated that no co-location opportunities exist to site a wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:

(a) The minimum distance between the base of the wireless communications tower, or any anchoring guy wires, and any property line or public road right-of-way shall be a minimum of 30% of the tower height.

(b) The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school structures shall be a minimum of 50% of the tower height or one 100 feet, whichever is greater.

(c) Where such features exist, the applicant shall use one or more of the following or similar natural features to minimize the visibility of the wireless communications tower:

[1] Groves of trees.

[2] Sides of hills.

(3) Tower height. An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed 180 feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.

(4) Tower safety: An applicant shall demonstrate that the proposed tower will not affect surrounding properties as a result of structural failure, falling ice or other debris, or radio-frequency interference.

(5) All wireless communications towers shall be fitted with anticlimbing devices, as approved by the manufacturers. A detail confirming the design of such features shall be included in the application for approval of the wireless communications tower.

(6) Tower type. The applicant shall use the monopole, or davit-pole, type of wireless communications tower.

(7) Landscaping. The applicant shall demonstrate compliance with the following landscaping requirements:

(a) The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.

(b) An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.

(8) Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.

(9) Site access. Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width and shall be constructed with a dust-free, all-weather surface for its entire length.

(10) Land development plan approvals. An applicant shall obtain land development approval from the Hamilton Township Board of Supervisors in accordance with applicable provisions of the applicable Subdivision and Land Development Ordinance[11] prior to zoning permit approval.

[11] Editor's Note: See Ch. 120, Subdivision and Land Development.

(11) A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.

(12) Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.

LL. Slaughterhouses.

[Added 4-6-2015 by Ord. No. 134]

(1) General standards for all slaughterhouse operations.

(a) The slaughterhouse shall have all necessary federal and state licenses and approvals, and comply with all state and federal health and safety regulations. This shall include all licenses and permits from the United States Department of Agriculture or the Pennsylvania Department of Agriculture, as appropriate, to enable the removal of meat and/or parts of an animal from the premises by someone other than the owner or operator of the underlying farm, agricultural operation or slaughtering operation. A copy of these licenses or permits shall be provided to the Township before final approval is granted.

(b) All structures associated with the operation shall be located at least 500 feet from all property lines, with the exception that if the facility includes a retail sales outlet, the front of the retail sales outlet may be as close as 50 feet from the public road right-of-way.

(c) All stock pens housing live animals associated with the slaughterhouse operation shall be at least 200 feet from any public right-of-way or property line. Operations not subject to licensure by the US Department of Agriculture shall not be permitted to store live animals on-site overnight unless the product of the slaughterhouse operations will be for personal use only.

(d) The slaughterhouse operation shall be served by an approved on-site sewage treatment system.

(e) The slaughterhouse operation shall be served by a potable water source and have hot and cold running water available on-site.

(f) A minimum of one ADA accessible restroom shall be provided on site.

(g) Waste, by-products or any decomposable residue which results from the slaughtering of animals shall be disposed of in accordance with all applicable federal, state and local regulations. These items shall be refrigerated while on the premises, stored in airtight containers and confined in a fully enclosed structure.

(h) All waste, by-products or any decomposable residue shall be removed from the premises within 48 hours of being produced. Burying, burning, drying, flushing or chemically decomposing these items on site is prohibited.

(i) Manure from stock pens or holding areas shall be removed from the site daily or stored in a manner to control odor, in accordance with any applicable state law.

(j) A smooth, nonpervious floor shall be provided in all kill and slaughter areas. Under no circumstances shall a floor comprised of dirt, soil, gravel, stone or other similar material be considered compliant with this standard.

(k) When applicable, the design, construction and operation of the facility must meet or exceed the requirements of all relevant state and federal regulations, and the operation must conform to the requirements of Agricultural Handbook 570, United States Inspected Meat and Poultry Packing Plants, a Guide to Construction and Layout, published by the United States Department of Agriculture in February 1981, as amended.

(l) Off-street parking and loading facilities shall be provided in accordance with Article XVII of this chapter. Unless otherwise determined by the requirements of Article XVII, one off-street loading space and a minimum of five parking spaces, plus one ADA accessible space, shall be provided.

(m) All parking and loading areas shall be paved in accordance with the requirements of Article XVII.

(n) A landscape buffer shall be provided around all buildings associated with the slaughterhouse operation. Said buffer shall have a minimum initial height of five feet and a mature height of no less than 12 feet.

(o) Where kill and slaughter actions take place in an open-air slaughterhouse, the kill and slaughter area shall be enclosed on all sides by twelve-foot-high fence that obscures the entire area inside the fence from outside view. Additionally, landscaping in accordance with § 150-98LL(1)(n) shall be provided around the outside of the fence.

(p) A stormwater management plan shall be prepared in accordance with the requirements of the Township's Stormwater Management Ordinance.

(q) A traffic study shall be prepared in accordance with the requirements of the Township's Subdivision and Land Development Ordinance.[12]

[12] Editor's Note: See Ch. 117, Stormwater Management.

MM. Fairground.

[Added 3-2-2020]

(1) General standards for fairgrounds.

(a) The following uses shall be considered accessory uses to a fairground:

[1] Administrative and maintenance buildings associated with the fairgrounds.

[2] Agricultural, horticultural and animal related events.

[3] Auctions, fairs, festivals, exhibitions and trade shows.

[4] Banquet and meeting facilities.

[5] Campgrounds, pursuant to § 150-98.

[6] Festivals, expositions, events, and fairs and related structures.

[7] Food and beverage services, including banquets, catering and concessions.

[8] Live entertainment events and venues.

[9] Outdoor recreation.

[10] Retail businesses, less than 3,000 square feet.

[11] Seasonal displays.

(b) The following area and bulk requirements shall apply to a fairground as well as all permitted accessory uses associated with a fairground. Where these requirements conflict with other similar requirements elsewhere in this ordinance, the requirements of this section shall take precedent:

[1] The minimum front yard setback shall be 30 feet.

[2] The minimum side and rear yard setbacks shall be 25 feet.

[3] The maximum impervious lot coverage shall not exceed 50%.

[4] The maximum building height shall be 35 feet.

(c) All designated side and rear setbacks shall have a minimum of a ten-foot landscaping buffer that conforms to the requirements of § 150-118H(6). Retention of existing trees on site shall be prioritized over new plantings where possible.

(d) Signage shall be provided in accordance with Article XVI. However, the following signs shall be permitted on a fairground in addition to the requirements in Article XVI:

[1] On-site vehicle and pedestrian directional signs.

[2] On-site vendor signs not intended to be viewed from a public street advertising internal vendor locations.

(e) Parking shall be provided in accordance with Article XVII.

NN. Academic clinical research center.

[Added 9-13-2021]

(1) An academic clinical research center may grow medical marijuana only in an indoor, enclosed, and secure Building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.

OO. Medical marijuana dispensary facility.

[Added 9-13-2021]

(1) The medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2) The medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building.

(3) The medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor facility.

(4) The medical marijuana dispensary facility shall have a single secure public entrance and shall implement security measures to prevent the unauthorized entrance into areas containing medical marijuana.

(5) The medical marijuana dispensary facility shall not include any of the following functions or features.

(a) Drive-through service or facilities.

(b) Outdoor seating areas.

(c) Outdoor vending machines.

(d) Direct or home delivery service.

(6) The medical marijuana dispensary facility shall prohibit the administration of, or the consumption of, medical marijuana on the premises.

(7) The medical marijuana dispensary facility may not be located within 1,000 feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the Building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(8) The medical marijuana dispensary facility shall be separated by a minimum distance of 1,000 feet from any other medical marijuana dispensary facility. This distance shall be measured in a straight line from the closest exterior walls of the Buildings or portions thereof in which the medical marijuana dispensary facilities are conducted or proposed to be conducted, regardless of the municipality in which it is located.

PP. Medical marijuana grower/processor.

[Added 9-13-2021]

(1) The medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2) The medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.

(3) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecure exterior refuse containers.

(4) The medical marijuana grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(5) The medical marijuana grower/processor may not be located within 1,000 feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the Building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

(6) A water supply feasibility report, prepared in accordance with relevant requirements of the Hamilton Township Subdivision and Land Development Ordinance, shall be prepared to demonstrate that sufficient water resources are available to serve the proposed Use. In addition to meeting all requirement of the applicable Subdivision and Land Development Ordinance, the report shall assess any water quality and water quantity impacts for all public and private wells within a mile of the proposed medical marijuana grower/processor facility. The report shall be prepared by a licensed hydrogeologist.

QQ. Medical marijuana transport vehicle service.

[Added 9-13-2021]

(1) Any medical marijuana storage, including temporary storage, at a medical marijuana transport vehicle service facility shall be secured to the same level as that for a medical marijuana grower/processor facility.

(2) Transport vehicles associated with a medical marijuana transport vehicle service shall be equipped with a locking cargo area.

(3) Transport vehicles associated with a medical marijuana transport vehicle service shall have no markings that would identify the vehicle as being used to transport medical marijuana.

RR. Solar energy facility (SEF).

[Added 9-13-2021]

(1) Criteria applicable to all SEFS:

(a) The SEF layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM),), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by Hamilton Township and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

(b) All on-site transmission and plumbing lines shall be placed underground to the extent feasible.

(c) Solar facility connections shall be placed underground unless:

[1] The electric lines will be placed on existing utility poles that host existing electric, cable, or telephone lines; or

[2] The applicant can demonstrate, to the satisfaction of the Township, that it is not possible to place the connection underground, in which case only the portion of the line which is not capable of placement underground, as determined by the Township, may be placed above ground.

(d) No portion of the SEF shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the SEF provided they comply with the prevailing sign regulations.

(e) Glare.

[1] All SEF shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

[2] The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(f) The SEF owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township. The SEF owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(g) Decommissioning.

[1] The SEF owner is required to notify the Township immediately upon cessation or abandonment of the operation. The SEF shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

[2] The SEF owner shall then have 12 months in which to dismantle and remove the SEF including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, solar facility connections and other associated facilities.

[3] To the extent possible the materials shall be re-sold or salvaged. Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.

[4] Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.

[5] Any access drive paved aprons from public roads shall remain for future use.

[6] The SEF site area shall be restored to its pre-existing condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the SEF to remain.

[7] Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.

[8] At the time of issuance of the permit for the construction of the SEF, the owner shall provide financial security in the form and amount acceptable to the Township to secure its obligations under this section.

[a] The SEF developer shall, at the time of application, provide the Township with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be: gross cost of decommissioning activities + administrative factor of 25% - salvage and resale credit of 80% = the decommissioning cost estimate.

[b] On every fifth anniversary of the date of providing the decommissioning financial security the SEF owner shall provide an updated decommission cost estimate, utilizing the formula set forth above with adjustments for inflation and cost and value changes. If the decommissioning security amount changes, the SEF Owner shall remit the increased financial security to the Township within 30 days of the approval of the updated decommissioning security estimate by the Township.

[c] Decommissioning security estimates shall be subject to review and approval by the Township and the SEF developer/owner shall be responsible for administrative, legal, and engineering costs incurred by the Township for such review.

[d] At no time shall the financial security be an amount less than $500,000.

[e] The decommissioning security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.

[f] Prior to approval of any plan or permit for an SEF, the SEF developer shall enter into a decommissioning agreement with the Township outlining the responsibility of the parties under this agreement as to the decommissioning of the SEF.

(h) Permit requirements.

[1] SEF shall comply with the Township subdivision and land development requirements. The installation of SEF shall be in compliance with all applicable permit requirements, codes, and regulations.

[2] The SEF owner and/or operator shall repair, maintain and replace the SEF and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the SEF in good repair and operating condition.

(2) Ground-mounted principal solar energy systems:

(a) Minimum lot size: The minimum lot size for every lot on which an SEF, or a component of an SEF, is proposed shall be 100 acres.

(b) Proportion of lot to be devoted to solar arrays: For each lot on which an SEF, or a component of an SEF, is proposed, the following calculations shall be performed to determine the proportion of the lot on which solar arrays may be authorized.

[1] Calculate constrained area: Calculate the constrained area by calculating the sum of the acreage of the following features that appear on a lot.

[a] Floodplains, as identified in the Hamilton Township Floodplain Ordinance.

[b] Natural and man-made drainage corridors, extending 25 feet from the center line of any such drainage feature.

[c] Wetlands.

[d] Wetlands buffer extending 50 feet from any wetland.

[e] Slopes in excess of 15%.

[f] Wooded areas.

[g] Road rights-of-way.

[h] Setback areas, as defined in the underlying zoning district.

[2] Calculate SEF development area: Calculated the SEF development area by subtracting the constrained area from the lot area.

[3] Calculate the portion of the SEF development area that may be devoted to solar arrays: Calculate the total acres of land within the SEF development area that are comprised of Class I and II agricultural soils, as identified in official Federal soils mapping or a more accurate professional study. Subtract 1/2 of this figure from the SEF development area to determine the Portion of the SEF development area that may be devoted to solar arrays.

[4] For each lot on which an SEF, or a component of an SEF, is proposed, a map shall be provided by the applicant detailing the constrained area, the SEF development area, the Class I and II agricultural soils, and the portion of the SEF Development that may be devoted to solar arrays.

[5] Solar arrays shall only be placed within that portion of any lot that lies within the portion of the SEF Development that may be devoted to solar arrays.

(c) Minimum setbacks: All components, including fencing, of an SEF shall be set back from any property line a minimum of 100 feet.

(d) Height. All ground-mounted SEF shall comply with a fifteen-foot maximum height requirement.

(e) Coverage.

[1] The following components of a ground-mounted SEF shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:

[a] Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

[b] All mechanical equipment of the system including any structure for batteries or storage cells.

[2] The horizontal area of a ground-mounted solar panel which allows for vegetation below the panels shall not be included in the impervious coverage limitations for the underlying Zoning District.

(f) Ground-mounted SEF shall be screened and buffered in accordance with the following standards.

[1] A minimum thirty-foot-wide buffer yard with plant screening shall be required along all lot lines. The required buffer yard shall be extended to 50 feet along all lot lines adjoining a residential zone.

[2] A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except that the Township may allow deciduous canopy trees.

[3] The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.

[4] Plant screening shall be installed around the entire perimeter of the SEF installation. If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as the new plant screening. In such case, part or all of the new plant screening may be waived in writing by the Zoning Officer.

[5] The plant screening shall be installed along the exterior side of the fencing required by § 150-98RR(2)(h)[1]. All required plant screening shall be located within 50 feet of the required fencing.

[6] Prior to the issuance of a permit under this subsection where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:

[a] The location and arrangement of each buffer yard;

[b] The placement, general selection of species and initial size of all plant materials; and

[c] The placement, size, materials and type of all fences to be placed in such buffer yard.

[7] Plant screening shall be designed in accordance with the following standards:

[a] Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the finished ground level, shall be placed for each 50 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.

[b] Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height.

[c] The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.

[d] The plant visual screen shall extend the full length of the lot line, except for: a) Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot, b) locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back, and c) locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.

[e] Plant screening shall be designed to emulate the mix of species and appearance of existing tree lines, hedge rows, and wooded areas already in existence within the landscape where the SEF is proposed. The applicant shall, as a component of the buffer yard plan, assess the species mix and characteristics found in existing tree lines, hedge rows, and wooded areas surrounding the SEF and document that the plant screening is designed to emulate these characteristics.

[f] The primary use of evergreen trees shall not be permitted, and a monotonous straight row of the same species, particularly evergreen trees, is specifically prohibited.

[g] American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements. A monotonous straight row of the same species is discouraged. A more naturalistic form of planting is encouraged with a mix of species. If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.

[h] Earth berms shall not be used as an additional or alternative method to provide screening of the SEF facility. The plant screening area shall retain the topographic characteristics of the setting.

(g) Ground-mounted SEF shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system, unless the applicant can demonstrate, to the satisfaction of the Township, that the SEF will not impede stormwater management, or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

(h) Security.

[1] All ground-mounted SEFs shall be completely enclosed by a minimum eight-foot fence with a self-locking gate. The fence shall closely follow the perimeter of the SEF installation.

[2] A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the SEF informing individuals of potential voltage hazards.

(i) Access.

[1] At a minimum, a twenty-five-foot-wide access road must be provided from a state or Township roadway to the SEF site.

[2] At a minimum, a twenty-foot-wide cartway shall be provided between the solar array rows to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles. Cartway width is the distance between the bottom edge of a solar panel to the top edge of the solar panel directly across from its measure at its greatest parallel width.

[3] At a minimum, a twenty-five-foot-wide cartway shall be provided between the solar array and the fencing required in § 150-98.RR(2)(h)[1] above to allow access for maintenance and emergency vehicles.

[4] Access to the SEF shall comply with the municipal access requirements in the Subdivision and Land Development Ordinance.

(j) The ground-mounted SEF shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.

(k) Grading. Grading of the lot on which the SEF is located shall be limited as follows:

[1] Grading necessary to install access roads and permitted accessory structures is permitted.

[2] Grading is not permitted where the solar array is to be located.

[3] Ancillary grading shall only be permitted to the extent necessary to provide access to the SEF to be located on the lot.

(l) Stormwater management.

[1] Stormwater runoff from an SEF shall be managed in accordance with the requirements of the Hamilton Township Stormwater Management Ordinance.

[2] Where solar panels are mounted above the ground surface allowing for vegetation below the panels, the horizontal area of the panel may be considered a disconnected impervious area ("DIA"), and therefore will have no increase from the pre-development to post-development runoff coefficient. The horizontal area of the panel can only be considered a DIA if the following conditions apply:

[a] Where natural vegetative cover is preserved and/or restored utilizing low-impact construction techniques from the Pennsylvania Department of Environmental Protection Stormwater Best Management Practices Manual, including, but not limited to, the following: minimizing the total disturbed area, minimizing soil compaction in disturbed areas, and re-vegetating and re-foresting disturbed areas using native species.

[b] Where the vegetative cover has a minimum uniform 90% perennial vegetative cover with a density capable of resisting accelerated erosion and sedimentation.

[i] For panels located on slopes of 0% to 5% a minimum four-inch height of vegetative cover shall be maintained.

[ii] For panels located on slopes between 5% and 10% a meadow condition shall be maintained.

[iii] Panels located on slopes between 10% and 15% cannot be considered DIA.

[iv] Solar panels located on slopes over 15% are not permitted per § 150-98.RR(2)(b)[1][e].

[v] Vegetated areas shall not be subject to chemical fertilization or herbicide/pesticides application, except for those applications necessary to establish the vegetative cover or to prevent invasive species and in accordance with an approved erosion and sediment control plan.

[vi] Agrivoltaics, the co-development of the same area of land for both solar photovoltaic power and conventional agriculture, may be used provided that:

[A] Only shade tolerant crops may be used;

[B] Crops must be not tilled in;

[C] A written erosion and sediment control plan must be developed for agricultural plowing or tilling activities or a portion of the overall farm conservation plan must identify BMPs used;

[D] Any cutting or mowing of the agricultural crop is limited to a height of no less than four inches;

[E] Application of chemical fertilization or herbicides/pesticides is limited to the agronomic needs to the crop(s).

[c] Where the solar panels within a solar array are arranged in a fashion that:

[i] Allows the passage of runoff between each solar panel, thereby minimizing the creation of concentrated runoff.

[ii] Allows for the growth of vegetation beneath the panel and between the solar arrays.

[d] Where the length of the receiving, overland, vegetated area, downhill of each solar array is equal to or greater than the contributing, maximum, combined, horizontal length of the solar arrays. The grass area below each solar array shall not be considered in the length of the receiving, overland, vegetated area.

[e] Where the contribution flow path or total combined horizontal length of a solar array is less than 75 feet.

[f] Where less than 5% of the horizontal area of the solar panels themselves are disturbed and/or covered by the ground-mounted support structures of foundation.

[g] Where the lowest vertical clearance along the drip edge or drip line of all solar panels within a solar array is 10 feet or less from the surface of the ground but an adequate height to promote vegetative growth below the solar array.

[h] Where the drip edge or drip line of the solar panels are mounted level to promote sheet flow discharge unless no more than 500 square feet of contributing surface will discharge to any one point, in which case a spreading device is required for the concentrated discharges.

[3] The horizontal area of any solar panel or solar array that cannot meet all the conditions to be considered DIA, as listed in § 150-98RR(2)(1)[2], shall be treated as impervious area. These areas shall be included in the pre-development to post-development runoff analysis as impervious area to determine the need for post-construction stormwater management ("PCSM") best management practices.

[a] Use of gravel is permissible under a panel or in the receiving downhill flow path; however, the use of gravel would not allow the horizontal area of the solar panel or solar array to be considered as a DIA.

[b] All impervious areas associated with the SEF such as roadways and support buildings cannot be considered a DIA and shall follow normal protocols when performing the PCSM stormwater analysis.

[c] When the ground-mounted solar panels cannot meet the conditions to be considered a DIA, the impervious area shall be analyzed using the Industrial Land Use Description with Runoff Curve Numbers between 81 for Hydraulic Soil Group A and 93 for Hydraulic Soil Group D.

(3) Roof- and wall-mounted principal solar energy systems:

(a) For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.

(b) The total height of a building with a roof and wall-mounted system shall not exceed by more than three feet above the maximum building height specified for principal or accessory buildings within the applicable zoning district.

SS. Rural events venue.

[Added 2-5-2024]

(1) A proposed rural events venue shall be of a scale and intensity so that the use is compatible with existing or proposed uses on adjacent parcels, or in the immediate vicinity. Adequate setbacks and buffers must be provided so as to prevent adverse impacts on adjoining parcels.

(2) For event barns and rural events venues on agricultural or formerly agricultural lots, the use must not interfere with the ability of the property to return to an agricultural use in the future.

(3) Handicapped parking spaces shall be provided in accordance with ADA requirements. All other parking may be provided as reinforced grass, or similar method so as not to interfere with any future return of the property to an agricultural use.

(4) The lot on which the rural events venue is located shall be a minimum of five acres.

(5) The maximum floor area for all permanent structures associated with the rural events venue shall be no more than 10% of the total lot area.

(6) All buildings, parking, loading, and other indoor or outdoor use areas shall be located a minimum of 200 feet from existing residential dwellings on adjacent parcels, and shall be buffered as deemed appropriate by the Board of Supervisors during the conditional use process.

(7) Events and activities must cease by 11:00 p.m. on Friday and Saturday, and 9:00 p.m. Sunday through Thursday unless further restricted by the Board of Supervisors.

(8) Overnight accommodations shall be accessory to the principal use of the property as an events venue and shall not be open to the general public as a stand-alone use. The maximum length of stay for any guest(s) shall be seven consecutive days per singular event.

(9) Approval of application with Sewage Enforcement Officer is a prerequisite to issuance of a Zoning Permit.

(10) The Board of Supervisors shall have the authority to further limit hours of operation, number of events per year, number of attendees, etc. on a case-by-case basis.

(11) No music, celebration, event, or related noise shall be tolerated in such a manner as to be plainly audible at a distance of 50 feet from the site in which the use is located between the hours of 11:00 p.m. and 7:00 a.m.

(12) Sufficient screening shall be provided between the use, including parking and any outdoor activity areas, and adjacent residential uses or lots.

TT. Cottage industry.

[Added 2-5-2024]

(1) A cottage industry is deemed to include, but is not necessarily limited to, all occupations permitted under § 150-98Q as well as the following or similar types of occupations: handicraft manufacturing, cabinet shops, hobbyists, photographic studios, brewing, distilling, repair of outdoor fishing and hunting equipment (excluding motorized vehicles), and welding shops. Other occupations in addition to those listed above may be considered to be cottage industries, provided it is determined that such occupations are of the same general character as those occupations listed above.

(2) Not more than one cottage industry shall be allowed in or on the same premises. The presence of a home occupation in the primary dwelling unit shall not preclude the establishment of a cottage industry, provided that all applicable requirements for both cottage industries and home occupations are met.

(3) The cottage industry shall be considered an accessory use to the main residence and shall be operated fully within an accessory structure on the lot. No more than 500 square feet of floor area in the accessory structure may be devoted to the cottage industry. The cottage industry shall not occupy more than one building.

(4) The cottage industry shall conform to the area and bulk requirements of the underlying zoning district.

(5) The person conducting the cottage industry shall reside within the dwelling located on the lot.

(6) No more than four persons other than family members who reside within the dwelling may be employed by the cottage industry.

(7) No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property.

(8) Retail sales shall be limited to the following: products produced or repaired on site, items collected, traded and/or occasionally sold by hobbyists, such as coins, stamps, and antiques, incidental sales directly associated with the cottage industry, and internet sales.

(9) The production of beer, wine, liquor, hard cider or other similar spirits shall be permitted as part of a cottage industry. However, the retail sale of such products on-site shall not be permitted as part of a cottage industry.

(10) No on-site customer service or business shall be conducted before 8:00 a.m. or after 8:00 p.m.

UU. Campsite hosting.

(1) A maximum of one guest campsite is permitted on any property under eight acres authorized to conduct RV hosting. One additional guest campsite may be permitted on properties over eight acres in the Agricultural Preservation (AP) or Rural Residential (RR) District.

(2) The operator of the campsite hosting shall be the owner of the property and be in residence when campsite hosting is occurring. If there is no residence on the campsite hosting site, the operator of the campsite hosting facility shall, at all times while the property is being used for campsite hosting, maintain a contact person/entity within a fifteen-minute drive of the property. The contact person or entity must be available via telephone 24 hours a day, seven days a week, to respond to any issues associated with the use of the campsite hosting site.

(3) On-site advertising of campsite hosting is prohibited.

(4) The guest campsite shall not be located within 150 feet of a residential structure on a neighboring property.

(5) If the campsite hosting facility accommodates recreational vehicles (RVs), the following standards shall apply:

(a) The guest RV shall be required to park on a durable dust-free surface.

(b) The guest RV shall not, at any time, be connected to the sewer or water service of the principal use of the property.

(c) The guest RV may not dump or empty holding or waste tanks on the RV hosting property.

(d) The guest RV motor shall not idle or otherwise be permitted to run at any time other than during the process of accessing or egressing the location where the RV is to be parked.

(6) In addition to the above requirements, the campsite hosting operator must demonstrate adequate access, egress, and parking as a part of their zoning permit application.

VV. Farm worker housing.

[Added 2-5-2024]

(1) The occupants of the farm worker housing facility shall be individual or family households where at least one person in the household is employed on the farm or agricultural operation where the farm worker housing facility is located.

(2) The owner of the property shall not lease the farm worker housing facility dwelling unit(s) to persons not employed by the farm or agricultural operation.

(3) The owner of the property shall maintain the farm worker housing facility in compliance with any applicable Pennsylvania Department of Agriculture requirements or other state requirements for farm labor housing.

WW. Tasting room/winery/cidery/brewery/distillery.

[Added 2-5-2024]

(1) Sales of spirits shall be limited to those produced on-site or at another facility by or for the proprietor of the establishment.

(2) Samples of spirits may be given complimentary or for a fee. Related novelties may also be sold at retail.

(3) May include food preparation facilities and food service.

(4) May include occasional special events or event rentals, provided such events and rentals are clearly secondary to the tasting room/winery/cidery/brewery/distillery.

(5) If a winery, cidery, tasting, or brewery is located within 200 feet from existing residential dwellings on adjacent parcels not associated with the establishment, additional buffering, restrictions on hours of operation, frequency of events, and noise may be required through the special exception process.

XX. Shooting range, outdoor.

[Added 2-5-2024]

(1) Minimum lot area: 50 acres.

(2) The special exception application must demonstrate consultation with an appropriate range development, planning, and design manual, which may include those published by the National Sports Shooting Foundation (NSSF), the National Rifle Association (NRA), or using any state or federal law enforcement agency design standards.

(3) The shooting range must be operated so that the impact upon adjacent landowners and adjacent permitted uses shall be minimal, and such operation shall not unduly interfere in the use of those properties. Adjacent areas must be predominantly undeveloped by commercial and or residential development.

(4) Berms shall be designed and constructed as follows:

(a) All berms shall have a slope of not less than one vertical foot to one horizontal foot.

(b) The crest of all berms shall be at least four feet in depth as measured between the wall of the berm facing the range and the opposite wall.

(c) The backstop or impact berm must be within 20 feet of the furthest target, that being the one most distant from the place where shots are fired. It shall extend at least 20 feet vertically above the ground level and have a vertical height separation of not less than 15 feet above the highest target and the top of the backstop berm.

(d) Earthen side berms must be provided immediately adjacent to the range and shall extend from immediately behind the firing line to the backstop berm. The side berms shall extend at least 12 feet vertically above ground level.

(e) The elevation of the firing line and the base of all berms shall be the same.

(5) If any conflicts exist between the berm dimensions contained herein and those provided for in the design standards or expert's opinion, then the more stringent standards shall apply.

(6) Only targets mounted on target posts or target mounts shall be permitted. No targets of any kind shall be set directly on the ground.

(7) Warning signs shall be posted at least 10 feet from the outside of the berm of sufficient size to be read outside the shot fall zone.

(8) The shooting range shall be free of all hard surface materials and be adequately drained.

(9) Adult supervision shall be provided for children less than 16 years of age.

(10) Signs must also be placed on the range with the name of a contact person and a phone number in case of emergencies or operational difficulties. The adjoining property owners shall also be supplied with this information, which shall be kept current.

(11) Hours of operation shall be limited from 10:00 a.m. to 6:00 p.m. or dusk, whichever is earlier, on Monday through Saturday, and from 12:00 noon to 6:00 p.m. or dusk, whichever is earlier, on Sunday.

(12) The owner and/or operator of the shooting range must develop range operation guidelines that shall be provided to the Township for its information, and to all users upon entrance to the facility. These shall be in effect prior to range operation. These guidelines shall include required emergency response procedures. Any modification of guidelines shall be provided to the Township prior to effecting such change.

(13) The shooting range shall be designed and managed to ensure the periodic recapture of lead bullets or shot to minimize any impacts upon the environment.

(14) Ancillary structures to be used for the storage of range equipment and for range management activities may be included in this use, provided that any structure does not exceed 500 square feet in size, is securely locked when the range is not in use, and is not used for the storage of firearms, ammunition, or any explosive or combustible material.

YY. Farm-related business.

[Added 2-5-2024]

(1) A farm-related business is deemed to include one or more of the following and similar uses:

(a) Specialty foods sales.

(b) Specialty products sales.

(c) Animal care, including but not necessarily limited to farriers.

(d) Taxidermists.

(e) Processing agricultural commodities grown/raised on-site.

(2) The owner or other person having primary interest in the farm-related business shall be a full-time resident of the farm where the farm-related business is proposed to be located.

(3) No more than four Persons, other than residents of the farm, shall be employed in the farm-related business on a full-time basis. During peak business periods, no more than five additional persons, other than residents of the farm, shall be employed in the farm-related business.

(4) The portion of the farm devoted to all farm-related business shall not exceed two acres or 10% of the area of the farm, whichever is less.

(5) The maximum floor area of any structure devoted to a farm-related business shall not exceed 5,000 square feet.

(6) The proposed use shall be conducted entirely within an enclosed building. Outdoor display of products or merchandise shall be prohibited, except specialty food sales.

(7) Sale of food items or specialty products shall be limited to those produced on the premises and products relating to services performed on the premises.

ZZ. Farm market.

[Added 2-5-2024]

(1) A farm market shall be intended to offer for sale primarily agricultural products produced either on the farm where the farm market is located or on other farms located within Adams County, as well as other agriculturally related products. A minimum of 25% of the sales from the farm market shall be agricultural or agriculturally related products produced either on the farm or on surrounding farms within Adams County. A maximum of 75% of the sales from the farm market may be from products produced outside Adams County.

(2) The owner of the farm market shall be the owner of the farm upon which the farm market use is located.

(3) Farm markets shall be located on a farm or on a property of at least five acres in size on which agricultural products are grown or produced.

(4) The maximum floor area of any structure devoted to a farm market shall be 15,000 square feet of publicly accessible sales activity area.

(5) Within the Agricultural Preservation (AP) District, a farm market use shall contribute to the total number of uses or lots that may be developed on a property in accordance with the scale established in § 150-16A of this chapter.