Township of Manor, PA Article IV Specific Criteria

§ 425-48 Special exceptions; conditional uses; other selected uses.

A. It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right, or by special exception, or by conditional use within the various zones established in this chapter.

B. For uses permitted by right, these standards must be satisfied prior to approval of any application for a zoning permit by the Zoning Officer. All uses must comply with the standards expressed within the underlying zone and all other applicable sections of this chapter, unless those standards within this article differ; in such case, the specific standards listed within this article shall apply. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

C. For uses permitted by special exception, in addition to the general criteria listed in § 425-123C(2) of this chapter, this article sets forth standards that shall be applied to each respective special exception. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the special exception within this article differ; in such case, the specific special exception standards shall apply. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

D. For uses permitted by conditional use, in addition to the general criteria listed in § 425-132B of this chapter, this article sets forth standards that shall be applied to each respective conditional use. These standards must be satisfied prior to approval of any application for a conditional use by the Board of Supervisors. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for the conditional use within this article differ; in such case, the specific conditional use standards shall apply. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

E. For the purposes of this article, any required setbacks imposed upon any use, building and/or structure, shall be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a property line or a lease line.

§ 425-48.1 Adaptive reuse of historic mill.

A. Within the A, R, RL and RH Zone(s), the adaptive reuse of historic mills located on properties that are wholly or partially located within the FP Zone is permitted by right and shall comply with § 425-21, Floodplain Zone, subject to the following criteria:

B. The adaptive reuse shall be limited to the following uses:

(1) Bed-and-breakfast, provided that it contain no more than 10 guest rooms. The total number of guest rooms may exceed 10 by special exception.

(2) Offices.

(3) Restaurants (but not including drive-through or fast-food restaurants or nightclubs).

(4) Retail sale and/or rental of goods (excluding convenience stores), provided the total sales and/or display area is less than 3,600 square feet. The total sales and/or display area may exceed 3,600 square feet by special exception.

(5) Retail services including: barber/beauty salons; music, dance, art or photographic studios and repair of clocks and small appliances.

(6) Special events venues, subject to the following criteria:

(a) The total capacity for all events shall not exceed 175 persons at any one time.

(b) All events will conclude no later than 11:00 p.m., with music concluding no later than 10:00 p.m.

(c) Any alcoholic beverage service provided as part of an event must be provided by a RAMP-certified bartender.

(d) Special events venues that do not meet the standards identified in Subsection B(6)(a) through (c) shall be permitted only by special exception.

(7) Uses permitted by the underlying zoning district.

C. Off-street parking, in accordance with § 425-41 of this chapter, shall be provided on the same lot as the adaptive reuse, except where the size of the subject property or mill, the portion location within the FP Zone or other physical characteristics of the property and improvements thereon prevent adequate off-street parking from being located on the same property. In such instances, required and/or overflow off-street parking may be located on another property, subject to the following criteria:

(1) The off-site parking area will be located within one mile from the adaptive reuse.

(2) The properties to be utilized for adaptive reuse and off-site parking are under common ownership, or the applicant has a lease for the use of adequate off-street parking spaces for more than two years. Where the applicant has a lease arrangement, a copy of the lease shall be provided to the Zoning Officer.

(3) Access to/from the off-site parking area shall be provided via either pedestrian access (if adjacent or accessible via existing sidewalks) or shuttle service to be provided by the owner.

D. Parking areas shall be separated from any residentially zoned property or property used for residential purposes by a buffer strip a 25 feet in width, to be used for a landscape strip and screen in accordance with § 425-43 of this chapter.

E. Adequate lighting shall be provided if the adaptive reuse is to be operated at night. The lighting shall be arranged so that it is not directed at land used for residential purposes, nor adjoining lots or streets.

§ 425-49 Adult-related facilities.

Within the (GC) General Commercial Zone, adult-related facilities are permitted by special exception, subject to the following criteria:

A. An adult-related facility shall not be permitted to be located within 1,000 feet of any other adult-related facility.

B. No adult-related facility shall be located within 500 feet of any residentially zoned land.

C. No establishment shall be located within 1,000 feet of any parcel of land that contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child-care facility;

(4) Church or other similar religious facility;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) School; or

(10) Other lands where minors congregate.

D. The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult-related facilities and any zone and/or land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult-related facility to the closest point on the property line of said land use.

E. No materials, merchandise, or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.

F. Any building or structure used and occupied as an adult-related facility shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed and no sale materials, merchandise or film shall be visible from outside of the building or structure.

G. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.

H. Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

I. No adult-related facility may change to another adult-related facility, except upon approval of an additional conditional use.

J. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.

K. No unlawful sexual activity or conduct shall be permitted.

L. No more than one adult-related facility may be located within one building or shopping center.

§ 425-50 Agritainment.

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

A. For the purposes of this section, no more than one agritainment use at a time may be permitted, and it must remain secondary and clearly incidental to the active agricultural or farm principal use of at least 10 acres.

B. Agritainment use(s) shall be owned or operated by the landowner, landowner's immediate family member, or the operator or employee of the active agricultural operation; or a resident of the lot upon which the active agricultural operation occurs.

C. No new permanent structures to house an agritainment use shall be permitted. All nonpermanent, temporary structures shall be removed from the site at the completion of the agritainment use's season.

D. All activities, buildings, structures, off-street parking and loading areas associated with the agritainment use shall be set back at least 100 feet from any adjoining property lines, and 300 feet from any adjoining residences or residentially zoned property.

E. No on-street parking shall be permitted.

F. All parking, loading, outside storage and landscape screening associated with the agritainment use shall comply with the regulations of Article III of this Zoning Ordinance.

G. The applicant must submit credible evidence (an hours of operation and management plan) that demonstrates that the proposed use can be effectively accommodated without adverse impact to adjoining uses due to traffic, numbers of attendees, hours of operation, noise, light, litter, dust and pollution.

H. To the maximum extent feasible, vehicular access to the agritainment use shall be limited to the same driveway or access drive connection as applicable with the public street right-of-way that serves the active agricultural operation. Vehicular access shall be designed and constructed to the access drive standards in the Manor Township Code.

I. All applicants shall demonstrate compliance with all federal and state regulations for food handling, petting zoos, amusement rides and attractions, and sanitary facilities.

§ 425-51 Agricultural support businesses.

Within the (A) Agricultural Zone, agricultural support businesses are permitted by special exception, subject to the following criteria.

A. Minimum lot area. One acre or the minimum area sufficient to meet the requirements of PADEP for water supply and wastewater disposal, as well as setback, lot coverage and other dimensional requirements, whichever is greater.

B. The subject tract shall front on and gain access from either an arterial or collector road as identified in this chapter or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

C. The use shall be of appropriate size and design so that vehicular and pedestrian traffic to and from the use will not create undue congestion or hazards within the general neighborhood.

D. Any commercial structure in excess of 35 feet in height shall be set back from all property lines a distance equal to the height of the structure.

E. All access drives, parking areas, and loading zones shall be surfaced and maintained in a manner prescribed by the Zoning Hearing Board. Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.

F. All proposed entrances and exits to the agricultural support business shall be designed and improved in a manner which does not allow mud or gravel to be deposited or accumulate on or along abutting public streets.

G. Screening and/or landscaping as may be determined by the Zoning Hearing Board shall be provided.

H. When determined by the Zoning Hearing Board, suitable buffering shall be provided when any structure, access drive, and parking, loading, or unloading areas are located within 150 feet of adjacent residential structures.

I. Any outdoor loudspeaker and lighting systems shall be designed, arranged, and operated to prevent a nuisance on adjoining properties.

J. The application for a special exception shall be accompanied by a working plan for the cleanup and disposal of litter on the subject property.

K. In addition to the provisions listed in this § 425-51, manure digesters as an agricultural support business must comply with the provisions found in § 425-11B(8)(a)[2] through [8] for accessory manure digesters.

§ 425-52 Airports.

Within the (R) Rural Zone, airports are permitted by conditional use, subject to the following criteria:

A. The minimum lot area shall be 30 acres.

B. All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

C. The applicant shall furnish evidence of the obtainment of a license from the PennDOT Bureau of Aviation prior to the approval of the conditional use application.

D. No part of the takeoff/landing strip and/or pad shall be located nearer than 500 feet from any property line.

E. Clear zones established as required by applicable state and federal laws and regulations shall not infringe on the existing development rights of adjoining properties as allowed by current applicable zone.

F. Any takeoff or landing strip and/or pad must be certified by a professional structural engineer for the sufficiency of its load bearing capacity to adequately handle all aircraft.

§ 425-53 Amusement arcades.

Within the (GC) General Commercial Zone, amusement arcades are permitted by special exception, subject to the following criteria:

A. All activities shall take place within a wholly enclosed building.

B. The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the arcade.

C. A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in § 425-41S of this chapter.

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

§ 425-54 Animal hospitals, veterinary facilities and kennels.

Within the (A) Agricultural and (R) Rural Zone, animal hospitals, veterinary facilities and kennels are permitted by special exception, either as a principal use or as an accessory use to a permitted principal use on the same lot, subject to the following criteria:

A. The minimum lot area requirement for a kennel shall be two acres.

B. Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

C. Animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet from all property lines.

D. All pasture and outdoor recreation areas shall be fenced to prevent the escape of animals, with such fencing having a setback of at least 50 feet from all property lines.

E. All animal wastes shall be regularly removed and disposed from the premises.

F. The owner/operator of the kennel shall be responsible to exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

§ 425-55 Service and repair facilities.

Within the (GC) General Commercial Zone, automobile service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio and upholstery shops are permitted by special exception, subject to the following criteria. Within the (V) Village Zone, automobile service and repair facilities shall be permitted by special exception, subject to the following criteria. Within the (LC) Local Commercial Zone, limited automobile, truck, trailer, and farm machinery service and repair facilities including, but not limited to, auto mechanics, lubrication services and tires, brake, muffler, transmission, and car radio shall be permitted by special exception, subject to the following criteria:

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

B. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

C. No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted.

D. All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties and roads.

E. The storage of unlicensed vehicles for more than 60 days is prohibited.

F. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned or used property. Within the (V) Village Zone, such ventilation outlets shall only be directed upwards from the roof.

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

H. The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.

I. Within the (V) Village Zone, such operations shall only be conducted as an accessory use to a principal residence by an occupant of such residence.

§ 425-56 Automobile filling stations (including minor incidental repair).

Within the (LC) Local Commercial and (GC) General Commercial Zones, automobile filling stations (including minor incidental repair) are permitted by special exception, subject to the following criteria.

A. The subject property shall have a minimum width of 125 feet.

B. The subject property shall front on an arterial or collector road as defined on the Official Zoning Map.

C. The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.

D. The outdoor storage of motor vehicles (whether capable of movement or not) for more than 30 days is prohibited.

E. All structures (including gasoline pump islands but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.

F. No outdoor storage of automobile parts (new or used) shall be permitted. No discarded automobile parts shall remain on the site for more than 30 days from when they are removed from the vehicle.

G. Access driveways shall be a minimum of 30 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge.

H. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.

I. Within the (LC) Local Commercial Zone, the subject property must be set back a minimum of 500 feet from any existing automobile filling station, and no more than two service bays shall be permitted.

§ 425-57 Bed-and-breakfasts.

Within the (A) Agricultural; (R) Rural; and (MRC) Mixed Residential/Commercial Zones, bed-and-breakfasts are permitted by right, and within the (V) Village Zone, bed-and-breakfasts are permitted by special exception. All bed-and-breakfasts shall be subject to the following criteria.

A. For the purposes of this chapter, a bed-and-breakfast shall be defined as a single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

B. Within the (R) Rural Zone, bed-and-breakfasts may only be established in structures that are or have been identified as having historical significance by the Historic Preservation Trust of Lancaster County referenced in Our Present Past (1985) or any update or successor documents.

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

D. All floors above-grade shall have direct means of escape to ground level.

E. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

F. All parking areas shall be screened from adjoining residentially zoned properties.

G. A bed-and-breakfast may erect sign(s) in accordance with § 425-44 of this chapter.

§ 425-58 Boarding houses.

Within the (RM) Medium-Density Residential; (RH) High-Density Residential; (RM1) Medium-Density Residential Flex; (RH1) High-Density Residential Flex; and (V) Village Zones, boarding houses are permitted by special exception, subject to the following criteria.

A. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.

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

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

D. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.

E. All parking areas shall be screened from adjoining properties.

F. Meals shall be offered only to registered tenants.

G. Signs shall comply with § 425-44 of this chapter.

§ 425-59 Campgrounds.

Within the (C) Conservation Zone, campgrounds are permitted by special exception, subject to the following criteria:

A. Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.

B. In no case shall there be more than 20 campsites per acre within a campground.

C. An internal road system shall be provided. The pavement width of one way access drives shall be at least 14 feet and the pavement width of two way access drives shall be at least 24 feet. On-drive parallel parking shall not be permitted.

D. All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.

E. All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leakproof and vectorproof that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.

F. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels.

G. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as identified on the Official Zoning Map.

H. A campground may construct signs in accordance with § 425-44 of this chapter.

I. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner. Should the landowner neglect to maintain the recreation area, the Board of Supervisors shall then maintain the area and shall assess the landowner for any costs incurred.

J. Every campground shall have an office in which shall be the person responsible for operation of the campground.

K. All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PADEP.

L. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.

§ 425-60 Car washes.

Within the (GC) General Commercial Zone, car washes are permitted by special exception, subject to the following criteria.

A. Public sewer and water facilities shall be utilized.

B. Each washing bay shall provide a fifty-foot long on-site stacking lane.

C. All structures housing washing apparatuses shall be set back 20 feet from any side lot line.

D. Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.

E. The subject property shall front on an arterial or collector road, as identified on the Official Zoning Map.

§ 425-61 Cell site antenna.

A. A cell site with antenna that is attached to an existing communications tower, smokestack, water tower, farm silo, or other tall structure, is permitted in all zones, provided:

(1) That the height of the antenna shall not exceed the height of the existing structure by more than 10 feet.

(2) All other uses associated with the cell site antenna, such as a business office, maintenance depot, or vehicle storage, shall not be located on the cell site, unless the use is otherwise permitted in the zone in which the cell site is located.

B. A cell site with antenna that is either not mounted on an existing structure or is more than 10 feet higher than the structure on which it is mounted is permitted in the (I) Industrial District, and permitted by special exception in the (A) Agricultural; (R) Rural; (LC) Local Commercial; (GC) General Commercial; (CO) Commercial Office; and (C) Conservation Zones, subject to the following:[1]

(1) The applicant shall be required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.

(2) If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of all tall structures and cell site antenna within a one-quarter-mile radius of the proposed site, asked for permission to install the antenna on those structures, and was denied for reasons other than economic reasons. This shall include smoke stacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communications towers, farm silos, and other tall structures.

(3) The applicant must demonstrate that the antenna is the minimum height required to function satisfactorily.

(4) If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

(a) Thirty percent of antenna height.

(b) The minimum setback in the underlying zone, or the height of the support structure, whichever is greater.

(c) Forty feet.

(5) The applicant shall demonstrate that the proposed antenna support structure is safe and that the surrounding area will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or ratio frequency interference.

(6) A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height.

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

(a) An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(b) All elements of the evergreen screen shall be properly maintained according to standard arborist practices and replaced in kind should any element die.

(c) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(8) The applicant must be licensed by the Federal Communications Commission (FCC).

(9) If a cell site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event, may not be less than two off-street parking spaces.

(10) No antenna support structure may be artificially lighted, except when required by the Federal Aviation Administration (FAA).

(11) All other uses associated with the cell site antenna, such as a business office, maintenance depot, or vehicle storage shall not be located on the cell site, unless the use is otherwise permitted in the zone in which the cell site is located.

(12) The applicant shall submit a plan for the removal of the facility when it becomes functionally obsolete or is no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 425-62 Churches and related uses.

A. Churches and related uses are permitted in the following zones, subject to the following criteria:

(1) Within the (R) Rural; (RL) Low-Density Residential; (RM) Medium-Density Residential; (RH) High-Density Residential; (MRC) Mixed Residential/Commercial; (RL1) Low-Density Residential Flex; (RM1) Medium-Density Residential Flex; and (RH1) High-Density Residential Flex Zones:

(a) Churches and related uses are permitted by right, up to a maximum building area of 20,000 square feet.

(b) When located on an arterial or collector road, churches and related uses in excess of 20,000 square feet building area are permitted by special exception, up to a maximum building area of 70,000 square feet. Public water and sewer service is also required.

(2) Within the (LC) Local Commercial; (GC) General Commercial; and (V) Village Zones:

(a) Churches and related uses are permitted by right, up to a maximum building area of 70,000 square feet. Public water and sewer service is also required.

B. House of worship.

(1) Minimum lot area: two acres.

(2) Minimum lot width: 200 feet.

(3) Side yard setback: 50 feet on each side.

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

C. Church-related residences (rectories and convents).

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

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

D. Church-related educational or day-care facilities.

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

(2) If education or day-care is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

(3) Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.

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

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

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

E. Church-related recreation standards.

(1) All church-related recreational facilities shall be accessory to, and be located upon, the same parcel as a house of worship.

(2) Church-related recreational facilities shall be set back 50 feet from all property lines and street rights-of-way.

(3) Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the church-related recreational facility, one off-street parking space shall be provided for every three estimated users of the facility.

F. Cemeteries.

(1) Area and bulk regulations. All area and bulk regulations of the prevailing zone shall apply with the following exceptions:

(a) The minimum lot size shall be 1/2 acre.

(b) The minimum lot width shall be 100 feet at the lot frontage.

(c) All grave sites shall be set back a minimum of 10 feet from any property lines and a minimum of 20 feet from any street right-of-way line.

(2) Supplemental regulations.

(a) In no case shall any use relating to a cemetery be located within the one-hundred-year floodplain of an adjacent watercourse.

(b) The cemetery facilities shall be owned and maintained in a manner to insure its preservation. The developer shall provide for and establish an organization for the ownership and maintenance of the cemetery, in a form acceptable to the Township Solicitor.

§ 425-63 Clubhouses for private clubs.

Within the (R) Rural and (C) Conservation Zones, clubhouses are permitted by special exception, subject to the following criteria:

A. All private clubs shall front, and have access to, an arterial or collector road, as identified on the Official Zoning Map.

B. All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining road(s). Parking compounds will also be set back 30 feet from any adjoining lot lines.

C. All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.

D. Screening shall be provided along any adjoining residentially zoned property.

§ 425-64 Cluster developments in (RH) High-Density Residential, (MRC) Mixed Residential/Commercial, and (RH1) High-Density Residential Flex Zones.

[Amended 9-5-2023 by Ord. No. 2-2023]

Within the (RH) High-Density Residential, (MRC) Mixed Residential/Commercial, and (RH1) High-Density Residential Flex Zones, cluster developments are permitted by conditional use, subject to the following criteria.

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

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

C. Lot design requirements. See the Lot Design Requirements Table.[1]

[1] Editor's Note: The Lot Design Requirements Table for the (RH) High-Density Residential, (RH1) High-Density Residential Flex and (MRC) Mixed Residential/Commercial Zones is included as an attachment to this chapter.

D. At least 30% of the cluster development site shall be devoted to common open space, as defined in § 425-10. Refer to Chapter 388, Subdivision and Land Development, § 388-51F, for additional requirements. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(1) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(2) Protection of important historical and/or archaeological sites.

(3) Provision of usable play and recreation areas that are conveniently accessible to residents within the cluster development and the Township.

(4) Integration of greenbelts throughout the cluster development that link residences with on-site or adjoining parks, schools, or other similar features.

E. An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Zoning Hearing Board need not require, as a condition of the approval of a cluster development, that land proposed to be set aside from common open space be dedicated, or made available to public use.

(2) In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall either be: constituted of the property owners within the cluster development; or consist of a bona fide organization among whose purpose is the preservation, conservation and protection of open space and/or natural resources. The plan may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

(a) That the residents of the cluster development shall at all times have access to the open space lands contained therein.

(b) That the operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public.

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established or designated for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization that owns and maintains common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

§ 425-65 Cluster developments in (RL) Low-Density Residential and (RL1) Low-Density Residential Flex Zones.

[Amended 9-5-2023 by Ord. No. 2-2023]

Within the (RL) Low-Density Residential and (RL1) Low-Density Residential Flex Zones, cluster developments are permitted by conditional use, subject to the following criteria.

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

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

C. Lot design requirements. See the Lot Design Requirements Table.[1]

[1] Editor's Note: The Lot Design Requirements Table for the (RL) Low-Density Residential and (RL1) Low-Density Residential Flex Zones is included as an attachment to this chapter.

D. At least 20% of the cluster development site shall be devoted to common open space, as defined in § 425-10. Refer to Chapter 388, Subdivision and Land Development, § 388-51F, for additional requirements. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(1) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(2) Protection of important historical and/or archaeological sites.

(3) Provision of usable play and recreation areas that are conveniently accessible to residents within the cluster development and the Township.

(4) Integration of greenbelts throughout the cluster development that link residences with on-site or adjoining parks, schools, or other similar features.

E. An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Zoning Hearing Board need not require, as a condition of the approval of a cluster development, that land proposed to be set aside from common open space be dedicated, or made available for public use.

(2) In the event that common open space is not dedicated for public use, the landowner shall provide for and establish and organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall be either: constituted of the property owners within the cluster development; or consist of a bona fide organization among whose purposes is the preservation, conservation and protection of open space and/or natural features. The plan may provide that the organization may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

(a) That the residents of the cluster development shall at all times have access to the open space lands contained therein.

(b) That the operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public;

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established or designated for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization that owns and maintains common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that deficiencies of maintenance be correct or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

§ 425-66 Cluster developments in (RM) Medium-Density Residential and (RM1) Medium-Density Residential Flex Zones.

[Amended 9-5-2023 by Ord. No. 2-2023]

Within the (RM) Medium-Density Residential and (RM1) Medium-Density Residential Flex Zones, cluster developments are permitted by conditional use, subject to the following criteria.

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

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

C. Lot design requirements. See the Lot Design Requirements Table.[1]

[1] Editor's Note: The Lot Design Requirements Table for the (RM) Medium-Density Residential and (RM1) Medium-Density Residential Flex Zones is included as an attachment to this chapter.

D. At least 20% of the cluster development site shall be devoted to common open space, as defined in § 425-10. Refer to Chapter 388, Subdivision and Land Development, § 388-51F, for additional requirements. Required open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:

(1) Protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).

(2) Protection of important historical and/or archaeological sites.

(3) Provision of usable play and recreation areas that are conveniently accessible to residents within the cluster development and the Township.

(4) Integration of greenbelts throughout the cluster development that link residences with on-site or adjoining parks, schools, or other similar features.

E. An essential element of the cluster development application is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed.

(1) The Board of Supervisors may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Zoning Hearing Board need not require, as a condition of the approval of a cluster development, that land proposed to be set aside from common open space be dedicated, or made available to public use.

(2) In the event that common open space is not dedicated for public use, the landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not be dissolved, nor shall it dispose of the common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), except by dedication of the same to the public. In any case, the organization provided for the ownership of open space land, not dedicated for public use, shall either: consist of the property owners within the cluster development; or consist of a bona fide organization among whose purposes is the preservation, conservation and protection of open space and/or natural resources. The plan may provide that the property owners association may lease back open space lands to the developer, his heirs or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a lease agreement shall provide:

(a) That the residents of the cluster development shall at all times have access to the open space lands contained therein.

(b) That the operation of open space facilities may be for the use and benefit of the residents only, or may be open to the general public.

(3) The plan to provide for the ownership and maintenance of common open space shall include:

(a) A complete description of the organization to be established or designated for the ownership of open space, if any, and the methods by which this organization shall be established and maintained.

(b) A method reasonably designed to give adequate notice to property owners within the cluster development in the event of the sale or other disposition of common open space lands, and in the event of assumption of the maintenance of common open space lands by the Township as hereinafter provided.

(4) In the event that the organization that owns and maintains common open space, or any successor organization, shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development, the Board of Supervisors may proceed to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space. The Board of Supervisors shall serve written notice upon the property owners' association or trustees, as appropriate, setting forth the manner in which the association or trustees has failed to maintain the common open space in reasonable condition. The cost of such maintenance by the Township shall be assessed ratably against the properties within the cluster development and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the cluster development.

§ 425-67 Commercial day-care facilities.

Within the (LC) Local Commercial and (GC) General Commercial Zones, commercial day-care facilities are permitted by special exception, and within the (I) Industrial Zone, commercial day-care facilities are permitted uses, subject to the following criteria.

A. An outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 10 feet from all property lines. Outdoor play areas shall be completely enclosed by a six foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.) All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

B. Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven day period.

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

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

§ 425-68 Commercial recreation facilities.

Within the (GC) General Commercial Zone, commercial recreation facilities are permitted by special exception, subject to the following criteria.

A. If the subject property contains more than two acres, it shall front on an arterial or collector road, as identified on the Official Zoning Map.

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

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

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

E. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 425-41S of this chapter. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

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

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

§ 425-69 Communication towers and antennas.

Within the (C) Conservation Zone, communication antennas, towers and equipment are permitted by special exception, and within the (I) Industrial Zone, communication tower and antennas are permitted uses, subject to the following criteria.

A. The applicant must demonstrate that the proposed location is necessary for the efficient operation of the system.

B. Any structures shall be set back from each property line a distance equal to its height.

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

D. Within the (I) Industrial Zone, communication antennas, towers and equipment are permitted uses, subject to compliance with Subsections B and C of this chapter.

§ 425-69.1 Communications antennas, towers and equipment located within street right-of-way.

[Added 3-4-2019 by Ord. No. 4-2019]

Communications antennas, towers and equipment shall be permitted by special exception within the rights-of-way of public or private streets within all districts only if the communications tower, antenna, and equipment meet all of the following requirements:

A. Towers prohibited in areas served by underground utilities. No communications antennas, towers or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground. Communications antennas, towers and equipment shall be installed only within rights-of-way of streets where there are utility poles and overhead wires existing on March 4, 2019.

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

C. Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Commission.

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

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

(2) Ground-mounted equipment that cannot be installed underground shall be screened using landscaping or other decorative features to the satisfaction of the Township.

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

(4) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice from the Township.

(5) Any underground vaults related to communications towers shall be reviewed and approved by the Township.

E. Design regulations.

(1) The communications antennas and communications tower shall employ the most current stealth technology available to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Township.

(2) Any substantial change to an existing communications tower shall require prior approval of the Township.

(3) Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas of future users, including antennas for public safety needs by emergency responders.

(4) The height of any communications tower shall not exceed 40 feet. Any height extension to an existing communications tower shall require an additional special exception. Guy wires are not permitted. Any communications tower shall be self-supporting.

F. Additional antennas. The applicant shall allow and encourage other service providers to co-locate antennas on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional antennas without obtaining the prior written approval of the Township.

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

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

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

(3) Vacation of a street or road or the release of a utility easement.

(4) An emergency as determined by the Township.

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

I. The owner and/or lessee of any communications antennas, towers, and equipment located within a public street right-of-way shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.

§ 425-70 Conversion apartments.

Within the (A) Agricultural and (R) Rural Zones, conversion apartments are permitted by special exception, subject to the following criteria.

A. Only single-family detached dwellings and nonresidential buildings that were legally existing on September 2, 1992, may be converted to include additional dwelling units.

B. The applicant shall furnish evidence of an approved means of sewage disposal.

C. No modifications to the external appearance of the building (except those required for safety) which would alter its original character shall be permitted.

D. All dwelling units shall have direct means of escape to the exterior at ground level and meet all current building code and Uniform Construction Code requirements for fire detection devices.

[Amended 3-4-2019 by Ord. No. 4-2019]

E. No permanent sign shall advertise the presence of the apartments; however, a temporary sign of no more than two square feet in size may be used to advertise rental of the unit(s).

F. Minimum habitable floor space shall be as required by the Uniform Construction Code, and in no case shall any one building contain more than four separate dwelling units.

G. A minimum of two parking spaces per unit shall be provided.

H. The parcel of land on which the residential conversion unit is located must contain at least one acre per dwelling unit and must meet all of the lot area requirements of the zone in which it is located.

I. Any proposed conversion must be confined to the interior of an already existing structural shell.

§ 425-71 Drive-through and/or fast-food restaurants.

Within the (GC) General Commercial Zone, drive-through and/or fast food restaurants are permitted by special exception, subject to the following criteria.

A. The subject property shall front on an arterial or collector road, as identified on the Official Zoning Map.

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

C. All drive-through window-lanes shall be separated from the parking lot's interior driveways.

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

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

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

§ 425-72 Dry cleaners, laundries and laundromats.

Within the (LC) Local Commercial Zone, dry cleaners, laundries and laundromats are permitted by special exception, subject to the following criteria:

A. Public sewer and water shall be used.

B. All activities shall be conducted within a completely enclosed building.

C. Dry cleaning services shall be limited to pickup and dropoff only, with no on-site dry cleaning permitted.

D. Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.

E. Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

§ 425-73 Accessory dwelling units.

[Amended 3-4-2019 by Ord. No. 4-2019; 8-2-2021 by Ord. No. 8-2021; 9-5-2023 by Ord. No. 2-2023]

Within the (A) Agricultural Zone, (R) Rural Zone, all residential zones, the Village Zone and in a PRD, an accessory dwelling unit is permitted on properties with a principal dwelling, subject to the following criteria:

A. The accessory dwelling unit shall be a minimum of 300 square feet of floor area and a maximum of 900 square feet of floor area and shall not exceed the lot coverage allowed in the underlying zone.

B. The owner(s) of the residence in which the accessory dwelling unit is created shall occupy at least one of the dwelling units on the premises.

C. In residential zones and in the Village Zone on lots of less than two acres, the accessory dwelling unit shall be attached to and architecturally compatible with the principal dwelling unit.

D. Utilities.

(1) For public sewer and water, and all other utilities, the accessory dwelling unit shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable standards.

(2) If on-site sewer and/or water systems are to be used, the applicant shall submit evidence to the Zoning Officer or Zoning Hearing Board showing that the total number of occupants in both the principal dwelling and the accessory dwelling unit will not exceed the maximum capacities for which the original system was designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.

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

F. The accessory dwelling unit shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses. In the case of corner lots, the accessory dwelling unit shall not be installed within the minimum principal structure front yard setback.

G. An accessory dwelling unit agreement shall be prepared and recorded.

H. The accessory dwelling unit shall be removed from the property within 12 months after it is no longer occupied by the person who qualifies for the use.

§ 425-74 Family day-care facilities.

Within the (R) Rural; (RM); Medium-Density Residential; (RH) High-Density Residential; (V) Village; (RM1) Low-Density Residential Flex; and (RH1) High-Density Residential Flex Zones, family day-care facilities are permitted within detached dwellings by special exception, subject to the following criteria.

A. A family day-care facility shall offer care and supervision to no more than four different persons during any calendar day.

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

C. An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. A four-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.

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

§ 425-75 Farm-related businesses.

Within the (A) Agricultural and (R) Rural Zones, farm-related businesses are permitted by special exception, subject to the following criteria.

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

(1) Sales or repair of agricultural equipment.

(2) Blacksmith shops, farriers.

(3) Butcher shops.

(4) Grain mills.

(5) Processing of locally produced agricultural products.

(6) Veterinary offices that primarily treat farm animals, stables, kennels.

(7) Feed supply, fuel and fertilizer distributors.

(8) Composting and other farm waste storage facilities.

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

C. The design of a farm-related business shall be governed by the design standards for the (I) Industrial Zone as listed in § 425-19D, E, F and G of this chapter, except as follows:

(1) The maximum lot coverage shall be 40%.

(2) No part of a farm-related business shall be within 300 feet of any land within any of the residential zones.

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

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

F. Signs shall comply with § 425-44 of this chapter.

§ 425-76 Farm occupations.

Within the (A) Agricultural and (R) Rural Zones, farm occupations are permitted by special exception, subject to the following criteria.

A. For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as there is no more than one farm occupation per lot, and it remains secondary and clearly incidental to and compatible with the active agricultural or farm use of at least 10 acres.

B. For farm or agricultural parcels of up to 50 acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted.

C. No more than four nonresidents shall be employed by the farm occupation, and at least one owner of the farm occupation must be engaged in the farm occupation.

D. Activities associated with the farm occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.

E. Except as otherwise provided herein this section, all activities associated with the farm occupation shall take place in one completely enclosed building. Where practicable the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located to the rear (behind) the agricultural uses or farm's principal buildings, and must be no less than 100 feet from any adjoining roads or properties.

(1) Any new building constructed for use by the farm occupation shall be of a design so that it is compatible with the surrounding buildings and can be readily converted to agricultural or farm use, or removed, if the farm occupation is discontinued.

F. Any sale of goods or merchandise occurring on the premises shall be limited to those goods or merchandise that are produced on the premises, or are customarily incidental to the business use and directly related thereto.

G. No manufacturing, repairing, or other mechanical work shall be performed in any outdoor area.

H. All parking, loading, and outdoor storage areas shall be screened from adjoining roads and properties:

(1) Parking and loading areas must be located to the side or rear of the building containing the farm occupation.

(2) Outdoor storage of goods and materials must be located to the rear (behind) the building containing the farm occupation.

I. No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 300 feet of any land within the (R) Rural; (RL) Low-Density Residential; (RM) Medium-Density Residential; or (RH) High-Density Residential Zones. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zone line.

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

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

L. Vehicular access to the farm occupation shall be limited to the same driveway connection with the public street right-of-way that serves the agricultural or farm use and/or related residence. No additional roadway connection shall be permitted for the farm occupation.

M. Drive-throughs shall be prohibited.

N. In addition to the required parking spaces for the agricultural use or farm and related dwelling unit, one parking space per nonresident employee, plus one parking space per potential patron on site at one time, shall be provided and designed in accordance with the provisions of § 425-41 of this chapter.

O. Sign(s) advertising a farm occupation shall comply with § 425-44 of this chapter.

P. The applicant shall submit evidence of all necessary state approvals or evidence that such approvals are not necessary.

§ 425-77 Funeral homes.

Within the (V) Village Zone, funeral homes are permitted by special exception, subject to the following standards.

A. Public sewer facilities shall be utilized.

B. Sufficient off-street parking shall be provided to prevent backups onto adjoining roads; the applicant shall describe what measure will be used to prevent backups (e.g., overflow parking, parking attendants, etc.) to prevent such backups.

C. All parking areas shall be set back at least five feet from adjoining lot lines, and no parking areas shall be permitted within the front yard.

D. No direct vehicular access shall be permitted to Water Street from the site.

§ 425-78 Golf courses and related uses.

Golf courses, including accessory uses (e.g., clubhouse, parking lots, storage sheds, pro shop, snack bar, restaurant, swimming pools, etc.), shall be permitted by conditional use in the (R) Rural; (RH) High-Density Residential; and (RH1) High-Density Residential Flex Zones, subject to the following criteria.

A. The minimum lot area shall be 30 acres.

B. No golf hole shall be arranged to require a golf ball to be driven across any building, road or parking lot.

C. Any points where the golf course crosses a road(s) shall be signed warning motorists and pedestrians, and any private road shall contain speed bumps in accordance with § 425-41P of this chapter.

D. All accessory uses of the golf course shall be set back at least 100 feet from all lot lines.

E. All outdoor storage of maintenance equipment or golf carts shall be screened from adjoining residences.

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

G. All off-street parking requirements for the principal and accessory uses shall be in accordance with § 425-41S of this chapter.

§ 425-79 Health and fitness clubs.

Within the (GC) General Commercial Zone, health and fitness clubs are permitted by special exception, and within the (I) Industrial Zone, are permitted uses, subject to the following criteria.

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

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

C. Any accessory eating or retail use must be accessed only through the main clubhouse building.

D. All lighting of outdoor recreation areas shall be arranged to prevent glare on adjoining properties and streets.

§ 425-80 Heavy equipment sales, service and/or repair facilities.

Within the (I) Industrial Zone, heavy equipment sales, service and/or repair service facilities are permitted by special exception, subject to the following criteria.

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

B. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

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

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

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

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

§ 425-81 Home improvement and building supply stores.

Within the (GC) General Commercial Zone, home improvement and building supply stores are permitted by special exception, subject to the following criteria.

A. All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties.

B. If the subject property contains more than two acres, it shall front along an arterial or collector road, as identified on the Official Zoning Map.

§ 425-82 Home occupations.

Within the (A) Agricultural; (R) Rural; (RL) Low-Density Residential; (RM) Medium-Density Residential; (MRC) Mixed Residential/Commercial; (V) Village; (RL1) Low-Density Residential Flex; and (RM1) Medium-Density Residential Flex Zones, home occupations are permitted by special exception, subject to the following criteria.

A. For the purposes of this section, home occupations may involve any one of a wide range of uses, so long as there is no more than one home occupation per lot and it remains secondary and clearly incidental to and compatible with the primary use of the premises as a single-family detached dwelling for living purposes.

B. No more than two nonresidents shall be employed by the home occupation, and at least one resident of the dwelling must be engaged in the home occupation.

C. No modifications to the external appearance of the building which would alter its residential character shall be permitted.

D. Activities associated with the home occupation shall be conducted in such a way that no traffic congestion, noise, glare, air pollution, odor, smoke, vibration, fire hazards, safety hazards, electromagnetic interference, or otherwise, shall be noticeable at or beyond the property line.

E. No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise that are produced on the premises, or are customarily incidental to the business use and directly related thereto, such as hair care products by a barber or beautician.

F. No mechanical equipment shall be employed in a home occupation.

G. No goods or materials shall be displayed or stored so as to be visible from the exterior of the premises.

H. Home occupations shall be limited to not more than 25% of the habitable floor area of the dwelling unit, or 500 square feet of gross floor area, whichever is less.

I. Vehicular access to the home occupation shall be limited to the same driveway connection with the public street right-of-way that serves the single-family detached dwelling. No additional roadway connection shall be permitted for the home occupation.

J. The home occupation shall not require delivery or pickup by tractor-trailer trucks.

K. Drive-throughs shall be prohibited.

L. No accessory building or structure shall be utilized as a home occupation, except that an accessory building or structure may be used as storage area for the home occupation, provided that said area shall be included in the total area permitted for a home occupation use and further, that no such accessory building or structure shall be accessible to the public for business purposes.

M. In addition to the required parking spaces for the dwelling unit, one parking space per nonresident employee, plus one parking space per potential patron on site at one time, shall be provided and designed in accordance with the provisions of § 425-41 of this chapter.

N. Sign(s) advertising a home occupation shall comply with § 425-44 of this chapter.

O. The applicant shall submit evidence of all necessary state approvals or evidence that such approvals are not necessary.

§ 425-83 Hospitals.

Within the (GC) General Commercial Zone, hospitals are permitted by special exception, subject to the following criteria.

A. The minimum lot area shall be five acres.

B. Public sewer and water shall be used.

C. The subject property shall have frontage along an arterial or collector road, as identified on the Official Zoning Map.

D. All buildings and structures shall be set back 50 feet from all property lines.

E. Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned properties.

F. The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.

§ 425-84 Indoor sports facilities.

Within the (I) Industrial Zone, indoor sports facilities for amateur or recreational use only for uses such as soccer, ice skating, ice hockey, and roller skating are permitted, subject to the following criteria.

A. The use shall be entirely contained in an enclosed structure.

B. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 425-41S of this chapter:

(1) A two-hundred-foot setback shall be maintained for buildings and structures from adjoining residentially zoned land.

§ 425-85 Industrial uses.

Within the (I) Industrial Zone, those industrial uses that are permitted by special exception are subject to the following criteria.

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

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

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

(3) Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances and commonly accepted standards.

(4) The applicant shall provide a Traffic Evaluation Study in accordance with Chapter 388, Subdivision and Land Development.

§ 425-86 Junkyards.

Within the (I) Industrial Zone, junkyards are permitted by special exception, subject to the following criteria.

A. The minimum lot area shall be 10 acres.

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

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

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

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

F. All federal and state laws shall be satisfied.

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

H. No oil, grease, tires, gasoline, or other similar material shall be burned at any time.

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

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

§ 425-87 Home-based business.

Within the (A) Agricultural and (R) Rural Zones, home-based businesses are permitted by special exception, but only as an accessory use to a residential use on the same lot, subject to the following criteria:

A. Home-based businesses shall only be conducted from a single-family detached dwelling or an accessory building thereto.

B. Minimum lot areas shall be two acres. The maximum lot area devoted to the home based business use shall be limited to five percent of the total lot area or up to 15,000 square feet.

C. Structures to be used in the business shall be located at least 50 feet from all property lines.

D. The primary economic activity of the subject tract shall be residential.

E. A full-time resident of the property shall conduct the occupation.

F. No more than two non-family members shall be employed in the business.

G. No commercial vehicles used in the business shall be permitted to be parked in any of the required yards.

H. There shall be no outdoor storage of materials and equipment used in the business.

I. No sales or displays of goods is permitted.

J. The home-based business shall not require the delivery of goods and materials to the property.

K. The majority of the business, except for that business which is conducted by residents of the dwelling, shall be performed off site.

L. The applicant shall demonstrate that the proposed business provides for the safe and efficient movement of traffic by addressing anticipated changes in vehicular movements.

M. Screening and/or landscaping and signage, as may be determined by the Zoning Hearing Board shall be provided.

N. All driveways, parking areas, and loading zones shall be surface and maintained in a manner prescribed by the Zoning Hearing Board. Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.

O. The owner and/or occupant of the business shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor. Additionally, the business shall be conducted in a manner that does not allow the accumulation of trash and debris.

P. The applicant shall acknowledge as part of the special exception application that additional Township, county, commonwealth, and federal requirements may exist, and that it is his responsibility to comply with any additional requirements.

Q. A trip generation and site access analysis shall be prepared in accordance with the requirements of Chapter 388, Subdivision and Land Development. The traffic analysis shall identify:

(1) Total ADT and peak-hour trips.

(2) Available and required safe stopping sight distances at existing and/or proposed site access.

§ 425-88 Manor Township PRD ordinance.

A. Applicability.

(1) The provisions of this section are a furtherance of the land use and development controls of land in the Township. It is the intent of this section to utilize the Planned Residential Development (PRD) provisions of the PA MPC to address the unique planning and development issues of large tracts of land for both residential and other uses within the urban growth boundaries of Manor Township.

(2) This section shall not affect any of the provisions of the Township Zoning Ordinance as they apply to the Township as a whole. After a development plan is duly filed, approved, and recorded under the provisions of this section, the land area included in the development plan shall be governed entirely by the provisions of this section excepting those ordinances, in whole or in part, which are incorporated herein.

(3) The PRD development provisions of this section are applicable by right within limited areas of the Township, which meet all of the following criteria:

(a) Tracts which are within the urban growth boundaries established by Manor Township.

(b) Tracts within the (I) Industrial Zone containing greater than 200 contiguous acres.

(c) Tracts which have frontage on, and are accessible via collector or arterial roads as designated in the Township Zoning Ordinance.

(d) Tracts that are served by public water and sewer service.

(e) Within those areas of the Township meeting all of the above criteria and in addition, are areas which have, in whole or in part, been designated on the Comprehensive Plan of the Township to be suitable for consideration as a site for a mixed-use village development, the Planned Residential Development (PRD) provisions shall apply.

B. Basis for consideration. Approval of a PRD development by the Manor Township Board of Supervisors shall not be construed under the provisions of this chapter to mean that the developer of a Planned Residential Development (PRD) can by right merely meet the standards set herein. These standards and requirements are minimums only and may be modified, or more stringent standards may be applied by the Township Board of Supervisors to protect the health safety and welfare of the citizens of the Township. Applicants under this chapter are encouraged to propose innovative and flexible development plans that contribute to the quality of life in the community through a variety of well-planned land uses and amenities.

C. Jurisdiction of Manor Township Board of Supervisors.

(1) The Manor Township Board of Supervisors shall administer the Planned Residential Development Ordinance of Manor Township pursuant to Article VII of the Pennsylvania Municipalities Planning Code (MPC).[1]

[1] Editor's Note: See 53 P.S. § 10701 et seq.

(2) All plans for developments shall also be referred to the Manor Township Planning Commission and the Lancaster County Planning Commission for review and comment as prescribed by the MPC. The Manor Township Board of Supervisors may also request and consider the comments of public agencies providing services related to the health, safety and welfare of the present or future residents of the Township.

D. PRD approval procedure. The following procedural steps outline the process for approval of a PRD application. Requirements for the content of the application documents are described in subsequent sections of this chapter.

(1) Sketch plan procedure.

(a) The landowner may submit a sketch plan to the Township Board of Supervisors for preliminary discussion of intent.

(b) The Township Board of Supervisors shall review the sketch plan in conference with the landowner and, by mutual agreement, determine a sketch plan which conforms to the intent of this article.

(c) The submission of a sketch plan shall not be deemed the beginning of the time period for review as prescribed by law, and the review of the sketch plan by the Township Board of Supervisors shall not bind the Township to approve or accept any aspect of the complete application for tentative or final approval when and if submitted.

(2) Application procedure for tentative approval.

(a) Fifteen complete copies of an application for tentative approval for a planned residential development shall be submitted by the landowner to the Township. The landowner shall also submit a filing fee to the Township in an amount specified on the fee schedule of the Township. No plan shall be considered as properly filed until such time as the filing fee is submitted to the Township.

(b) The complete application for tentative approval shall consist of the following:

[1] Application form.

[2] Site plans, architectural plans, site data.

[3] Draft of covenants, easement agreements, conditions and restrictions.

[4] Supporting information.

[5] Filing fee.

(c) The complete copies of the application for tentative approval will be distributed by the Township to the appropriate agencies and individuals.

(d) Within 60 days after the Township receives both an application for tentative approval of a planned residential development and the required filing fee, a public hearing shall be held by the Township Board of Supervisors, which shall be advertised, conducted and made a record in the manner prescribed herein:

[1] Public notice of the public hearing scheduled on a development shall be published once a week for two successive weeks in a newspaper of general circulation in the Township, the first publication to appear not more than 30 days, and the second publication shall not be less than seven days prior to the date of the hearing. Such public notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.

[2] The public hearing shall be conducted in accordance with Article IX of the MPC.[2]

[2] Editor's Note: See 53 P.S. § 10901 et seq.

[3] The Township Board of Supervisors may continue the public hearings from time to time; provided, however, that in any event, the public hearing or hearings shall be within 60 days after the date of the date of the first public hearing.

(e) Findings.

[1] The Township Board of Supervisors, within 60 days following the conclusion of the public hearings, or within 180 days after the date of filing of the application, whichever occurs first, shall, by official written communication to the landowner, either:

[a] Grant tentative approval of the development plan as submitted;

[b] Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

[c] Deny tentative approval of the development plan.

[2] Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted.

(f) The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial. The written communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:

[1] The extent to which the development plan departs from this Zoning Ordinance, including but not limited to density, bulk and use, and the reasons why such departures are, or are not deemed to be in the public interest.

[2] The extent to which the development plan, is or is not consistent with the Comprehensive Plan for the development of the Township, or with the objectives of this section.

[3] The purpose, location and amount of the common open space, the proposals for ownership, administration, maintenance and conservation of common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

[4] The physical design of the development plan and the manner in which the design does, or does not, make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air and recreation.

[5] The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.

[6] In the case of a development plan which proposes development over a period of years, the sufficiency of terms and conditions intended to protect the interests of the public and or the residents of the planned residential development in the integrity of the development plan.

[7] The extent to which the original intent of the development plan is made clear for the benefit of future Township officials and future residents of the planned residential development, in the protective covenants which shall be imposed for the preservation of the integrity of the development plan over the years, and through various stages of development where such are contemplated.

(g) In the event a development plan is granted tentative approval with or without conditions, the Township Board of Supervisors may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed, or, in the case of a development plan which provided for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and application for final approval shall not be less than three months, and in the case of developments over a period of years, the time between applications for final approval of each part of the plan shall not be less than 12 months.

(h) The official written communication shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Official Zoning Map, effective upon final approval, and shall be noted on the Official Zoning Map.

(i) In the event the Planned Residential Development is granted tentative plan approval subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Township Board of Supervisors, notify the Township Board of Supervisors of his refusal to accept all required conditions, in which case, the Township Board of Supervisors shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within 30 days, notify the Supervisors of his refusal to accept all said conditions, tentative approval of the development plan, along with any conditions, shall stand as granted.

(j) Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize construction or the issuance of any zoning and/or building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of the Township pending application for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed within the periods of time specified in the official written communication granting tentative approval.

(k) In the event a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon the development plan and shall so notify the Supervisors in writing, or in the event the landowner shall fail to file application of applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all the portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Official Zoning Map and in the records of the Township Secretary.

(3) Application for final approval.

(a) An application for final approval may be for all the land included in the development plan, or for a section of the development plan as delineated in the tentative approval.

(b) Fifteen complete copies of an application for final approval shall be submitted by the landowner to the Township within the time specified by the official written communication granting tentative approval. The landowner shall also submit a filing fee to the Township in an amount specified on the fee schedule adopted from time to time by resolution of the Supervisors. No plan shall be granted final approval until such time as the filing fee is properly submitted to the Township.

(c) Each copy of the application for final approval shall consist of the following:

[1] All materials and information required for submission for the application for tentative approval.

[2] All additional or revised materials required by the official written communication granting tentative approval.

[3] All improvement agreements and security for construction of all improvements that may be required by the Supervisors.

(d) The complete copies of the application for final approval will be distributed by the Township to the appropriate agencies and individuals.

(e) In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the municipality shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first reviews the application next following the date the application is filed, grant such development plan final approval; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five day period shall be measured from the 30th day following the day the application has been filed.

(f) A public hearing on an application for final approval shall not be required, provided the development plan submitted for final approval is determined to be consistent with this article and the official written communication granting tentative approval.

(g) In the event the development plan as submitted contains variations from the development plan given tentative approval, the approving body may refuse to grant final approval and shall, within 45 days from the date of the regular meeting of the governing body or the planning agency, whichever first review the application next following the date the application is filed, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest; provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the forty-five-day period shall be measured from the 30th day following the day the application has been filed.

(h) Variations; alternate actions.

[1] In the event an application for final approval is denied approval, the landowner may either:

[a] Refile his application for final approval without the variations objected to; or

[b] File a written request with the Township Board of Supervisors that it hold a public hearing on his application for final approval. In which case, the Township Board of Supervisors shall consider the plan at its next regular public meeting. Should the Supervisors elect to hold a special hearing, advertising requirements shall be in accordance with Article IX of the MPC.[3]

[3] Editor's Note: See 53 P.S. § 10901 et seq.

[2] If the landowner wishes to take either action, he may do so at any time within which he is entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within the required time, he shall be deemed to have abandoned the development plan.

(i) Any public hearing on an application for final approval granted by the Township Board of Supervisors shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed herein for public hearings on applications for tentative approval.

(j) The Township Board of Supervisors, within 30 days following the conclusion of the public hearings, shall by official written communication, either:

[1] Grant the development plan final approval; or

[2] Deny the development plan final approval.

(k) The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth herein.

(4) Recording of plan.

(a) A development plan which has been granted final approval shall be certified without delay by the Township Board of Supervisors as being approved; provided, however, no development plan shall be certified unless security to secure the completion of improvements in accordance with Article V of the MPC has been posted.[4]

[4] Editor's Note: See 53 P.S. § 10501 et seq.

(b) Within 90 days after certification by the Supervisors of final approval of the development plan, the plan shall be filed of record by the landowner in the Office of the Recorder of Deeds of Lancaster County.

(c) Recording of the development plan after final approval of the Township Board of Supervisors shall have the effect of an irrevocable offer to dedicate to the public use, all streets and other public ways shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Township Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated streets, or public uses, until the Township has accepted the same by ordinance or resolution.

(d) No sale of lots or buildings, leasehold agreements, or construction of any buildings or development of any nature shall be permitted prior to recording of the approved development plan. The Zoning Officer shall not issue a permit unless the application for the permit is accompanied by a certificate of recording issued by the Recorder of Deeds. After evidence of recording has been presented to the Zoning Officer, the development plan shall be placed upon the Official Zoning Map of the Township.

(e) In the event a development plan or section thereof is given final approval and thereafter the landowner shall abandon the plan or section thereof and shall notify the Township Board of Supervisors in writing; or the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions stated in Section 508 of the MPC,[5] no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this Zoning Ordinance in the manner prescribed for such amendments in Article VI of the MPC.[6]

[5] Editor's Note: See 53 P.S. § 10508.

[6] Editor's Note: See 53 P.S. § 10601 et seq.

(5) Construction, dedication and maintenance of improvements.

(a) After the landowner obtains the required permits in accordance with this Zoning Ordinance and other applicable Township ordinances, he may proceed with construction of the planned residential development.

(b) The Township shall inspect the improvements which are installed as part of the planned residential development in accordance with the provisions of Article V of the MPC.[7]

[7] Editor's Note: See 53 P.S. § 10501 et seq.

(c) The Township shall release financial security which has been posted to secure the completion of improvements in accordance with the requirements of Article V of the MPC.[8]

[8] Editor's Note: See 53 P.S. § 10501 et seq.

(d) All required improvements that have been offered for dedication shall be deemed to private until such time as the improvements have been completely constructed and are accepted by the Township.

E. Sketch plan requirements.

(1) The sketch plan may be an approximate drawing but should be drawn to scale.

(2) The sketch plan shall contain at least the following information but need not necessarily show precise dimensions:

(a) The location, size and topography (Lancaster County GIS minimum) of the site and the nature of the landowner's interest in the land proposed to be developed.

(b) The type and intensity of land use to be allocated to various parts of the site as well as the number of dwelling units, square footage of commercial and nonresidential uses.

(c) If required, the general location and size of the common open space and the form of organization proposed to own and maintain the common open space.

(d) The use and approximated location, height and bulk of buildings and other structures.

(e) A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply, and stormwater management, but not to include drawings.

(f) The substance of protective covenants, grants or easements or other restrictions intended to be imposed upon the land, or the use of the land, buildings and other structures, including proposed easements or grants for public utilities.

(g) The provisions to be made for parking of vehicles, and the location, width and general alignment of streets and public ways.

(h) The required modifications in the Township regulations which would otherwise be applicable to the subject property.

(i) In the case of development plans that call for execution over a period of years, an approximate schedule within which applications for final approval of all sections of the planned residential development may be expected to be filed.

(j) The approximate tract boundary, North point, names of adjoining property owners, name and location of all abutting streets and utilities, and the location of any significant topographical and physical features.

F. Requirements for application for tentative approval.

(1) Application form. The "Application for Approval of a Planned Residential Development," supplied by the Township, shall be completed by the landowner or his agent.

(2) Site plans. Each map, plan and drawing shall be prepared by a professional engineer, surveyor, landscape architect or architect registered in the Commonwealth of Pennsylvania, who shall place his seal and signature on all applicable plans, maps, and drawings:

(a) Site plans shall be drawn on sheets having a sheet size of 24 inches by 36 inches and shall be at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet to the inch. Master site plans may be drawn at any legible scale or sheet size. The landowner should utilize the scale and plan format that presents the most readable plans. Site plans may consist of multiple sheets a key map showing the relationship of each sheet to the overall site plan is placed on all of the multiple sheets. Site plans shall show:

[1] The project name or identifying title.

[2] The name and address of the landowner of the tract, the developer, and the firm that prepared the plans.

[3] The file or project number assigned by the firm that prepared the plan, the plan date, and the dates of all plan revisions.

[4] A North arrow, a graphic scale, and a written scale.

[5] The entire tract boundary with bearings and distances, and identification of all corner markers.

[6] A location map, for the purpose of locating the site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets, municipal boundaries and streams existing within 1,000 feet of any part of the property proposed to be developed.

[7] The plotting of all existing adjacent land uses and lot lines within 200 feet of the proposed development, including the location of all public and private streets, drives, or lanes, railroads, power lines, gas lines, towers, easements, embankments, walls, streams and watercourses, buildings and other structures, fences and walls, all residential and nonresidential land uses, sewer mains, water mains, fire hydrants, storm drainage structures, historic sites survey, and other significant natural or man-made features.

[8] The names of all immediately adjacent landowners and the names and plan book numbers of all previously recorded plans for adjacent projects.

[9] Contours at vertical intervals of two feet for land with average natural slope of 12% of less, and at vertical intervals of five feet for more steeply sloping land; location of benchmark, and datum used.

[10] The delineation of one-hundred- and five-hundred-year floodplains.

[11] The delineation of all soil types as indicated by the USDA Natural Resources Conservation Service Soil Survey of Lancaster County.

[12] An environmental analysis map(s) showing and identifying the location of unique land forms or natural features (such as hills, berms, knolls, mounds, swales, bowls, depressions, rock outcroppings or scenic views), areas exceeding 12% slope, type of bedrock and its associated environmental characteristics affecting the tract to be type of soils and their associated environmental characteristics (such as depth to seasonal high water table, depth to bedrock, erodibility and permeability), watercourses or bodies of water, floodplains, wetlands or other hydrologic conditions shall be provided by the landowner), and any other environmentally sensitive features.

[13] The plotting of all existing landmarks within the proposed development, including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.

[14] The location of all existing vegetation, including all agricultural fields, lawn areas, shrubs and wooded areas. Dominant tree and plant species should be identified.

[15] A list of site data, including but not limited to the following:

[a] Total acreage of the tract.

[b] Zone.

[c] Proposed use of the land.

[d] Proposed gross area of the development.

[e] Proposed gross residential density and schedule of nonresidential acreage and square footage.

[f] Proposed number of dwelling units and building type.

[g] Acreage and percentage of common open space.

[h] Proposed number of parking spaces for each use.

[16] The proposed location and dimensions of all streets, access drives, parking compounds, sidewalks, bikeways, and curbing.

[17] The proposed location of block or lot lines with approximate dimensions.

[18] The approximate radius and arc dimensions for all lot line and street line curves.

[19] The typical size of all lots in square feet and acreage.

[20] The proposed general location and configuration of proposed building envelopes. Reference as to whether each existing structure on the tract is to be retained or removed.

[21] The proposed location of building setback lines from all streets, and the distances between buildings and adjacent tract boundaries and lot lines.

[22] The proposed location, size and use of all common open space areas and recreation facilities where applicable.

[23] The proposed areas to be dedicated to the Township with approximate acreage of all areas and widths of all rights-of-way.

[24] A proposed phasing plan of the development. If the application for tentative approval covers only a part of the overall planned residential development, it shall be accompanied by a sketch plan of the remainder of the development.

[25] Typical cross-sections, details and specifications shall be submitted for all improvements including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, lighting and planting.

[26] Architectural concept drawings, photographs or pictures that demonstrate the architectural guidelines are to be submitted of each proposed structure type to demonstrate the vision of the planned residential development.

[27] Urban design concept diagrams that graphically depict the planning principles expressed in this chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the community green and commercial uses to residential areas, sites for public and semipublic uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, pedestrian walking distances, interconnections with the existing street and sidewalk system, buffers areas, and similar features of the plan.

(3) Supporting information. This report shall contain the following information:

(a) A written statement explaining why the proposed planned residential development would be in the public interest and would be consistent with the Township Comprehensive Plan, and what modifications are necessary to the Township land use regulations which would otherwise be applicable to the subject property.

(b) Present zone of the tract and adjacent properties.

(c) A written statement describing the natural features of the tract, including but not limited to an analysis of the hydrology, geology, soils, topography, and vegetation.

(d) A listing of all proposed dwelling unit types, approximate square footage figures per unit, number of bedrooms, and structure types; a listing of all nonresidential structures with approximate square footage figures.

(e) A description of the use and improvement of common open space throughout the tract, and the means by which the landowner will guarantee its continuity and maintenance.

(f) The ratio of vehicle parking spaces to dwelling units and nonresidential uses proposed.

(g) A statement describing proposed lighting, sewerage, water, electric, gas, telephone, cable television and refuse removal.

(h) A master utility plan including acknowledgments from appropriate utilities, authorities and agencies shall be included and shall include the following:

[1] Appropriate sewer authority. An acknowledgment of intent to provide service to the planned residential development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to existing infrastructure and terms and conditions for easements shall be determined.

[2] Appropriate water authority or company. An acknowledgment of intent to provide public water service to the planned residential development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to off-site infrastructure and terms and conditions for easements shall be determined.

(i) A master traffic evaluation study in accordance with Chapter 288, Subdivision and Land Development. A master plan of proposed on- and off-site traffic improvements which is coordinated with the project phasing plan shall be prepared and submitted as part of the study.

(j) A master stormwater management plan and report which demonstrates the overall stormwater management concept for the project. Preliminary design of major facilities and off-site improvements shall be described in sufficient detail to ascertain their feasibility and general compliance with applicable standards. Design standards shall be in accordance with Chapter 373, Stormwater Management.

(k) A master landscape planting plan depicting the principal landscape plantings; i.e., buffers, street trees, natural areas or specimens to be preserved or augmented and typical details of key landscape elements such as entrances, streetscapes and public spaces which typify the style of the project.

G. Requirements for final approval.

(1) All parts of the application for tentative approval shall be submitted. All maps, plans, drawings, and written material shall be revised according to the official written communication granting tentative approval. Revisions shall be noted and dated on all exhibits.

(2) All additional maps, plans, drawings, agreements, approvals and other items required by the official written communication granting tentative approval shall be submitted.

(3) The site plans shall include the following:

(a) Source of title to the land of the planned residential development as shown by the records of the Lancaster County Recorder of Deeds.

(b) Lot lines with accurate bearings and distances; distances to be to the nearest hundredth of a foot and proposed survey monumentation.

(c) Acreage of all lots.

(d) Accurate dimensions and bearings and distances of any property to be dedicated or reserved for public, semipublic, or community use, including street center lines and street rights-of-way lines.

(e) Accurate tract boundary lines with dimensions and bearings closing with an error of not more than one foot in 10,000 feet.

(f) Accurate distance to the intersection of the center lines of the nearest established street intersection or official monument.

(g) Complete curve data for all lot line, tract boundary line, street center line and street right-of-way line curves within the development. Curve data shall include radius, arc, tangent, angle of deflection, and chord bearing and distance.

(h) Certification, with seal, by a registered professional to the effect that the plan is correct.

(i) A certificate, duly acknowledged before an officer authorized to take acknowledgement of deeds and signed by the landowner of the property, to the effect that the subdivision or land development shown on the final plan is the act and deed of the landowner, that he is the owner of the property shown on the survey and plans, and that he desires the same to be recorded as such.

(j) Certification of the offer of dedication of applicable required improvements.

(k) A certificate for approval by the Township Board of Supervisors.

(l) A certificate to accommodate the recording information.

(m) Certification with seal, by a registered professional permitted to design storm drainage facilities within the Commonwealth of Pennsylvania that the storm drainage facilities designed are in conformance with the Township regulations.

(n) A notation describing any public uses, streets, drives or common open spaces which are not to be offered for dedication to the public, in which event the title to such areas shall remain with the landowner, and the Township shall assume no responsibility for improvements or maintenance thereof.

(4) A lighting plan with the location and size of all street, parking compound, recreational and open space lighting fixtures, whether freestanding or affixed to buildings, including the delineation of isolux lighting lines at increments of 0.2, 0.5 and 1.0 footcandles for each fixture, as applicable, and construction details, manufacturers' specifications, elevations, materials and colors for each type of lighting fixture proposed.

(5) A planting plan for the development, except for single-family detached and semidetached lots to be sold to individual owners. The planting plan shall include the identification and location of the following information:

(a) All pertinent information regarding the general site layout, existing man-made and natural features on the tract, proposed grading, existing vegetation to be retained and other conditions affecting proposed landscaping.

(b) Proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting. Planting beds shall be shown by a clearly delineated border outline. Identification of all proposed plantings shall be numerically quantified and keyed to the planting schedule by the first letters of each plant's botanical name.

(c) Planting schedule shall be provided for all proposed plantings, including both botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting based on American Association of Nurserymen increments and minimum size of maintenance after a three-year growth period.

(d) Details and specifications for all proposed plantings, topsoiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas.

(e) Proposed buffering, screening, walls and fences, including construction details, cross sections, elevations, manufacturer's specifications materials and colors for same.

(f) Proposed courtyards, plazas, lanes, walkways, paths, common open space and recreation areas and facilities, street or site furniture, ponds, fountains, trellises, pergolas, gazebos, accessory structures, art and sculpture, common mailboxes, solid waste and recycling storage facilities and HVAC equipment and utility service boxes, to be located at or above grade. Construction details, cross-sections, elevations, manufacturer's specifications, materials and colors for all of the above items where applicable.

(6) A signage plan for the development, including construction details, elevations, signage message or content, materials and colors for each type of sign proposed.

(7) Detailed prototypical yard and patio plans, except for single-family detached and semidetached lots to be sold to individual owners, including detailed plans for the proposed treatment of patios and private or semiprivate yard areas, including screening, landscaping, ground material treatment, lighting and access, for each residential dwelling.

(8) Profile drawings shall be submitted for all streets, storms sewers, and sanitary sewer mains. Generally, the drawings shall be at a scale of 50 feet to the inch horizontally and 10 feet to the inch vertically. Existing and proposed grades shall be shown on each drawing.

(9) Cross-sections, details and specifications shall be submitted for all improvements including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, play equipment, lighting, planting, sanitary sewer facilities, and sediment and erosion control facilities.

(10) Architectural drawings shall be submitted of each proposed structure type in the planned residential development. Drawings shall include but not be limited to the following information:

(a) Typical elevations of the exterior sides of all existing and proposed buildings and structures exposed to view, showing the proposed building treatment in terms of architectural style, materials, colors and details, to be drawn at a scale not smaller than one inch equals eight feet.

(b) Floor plans of all proposed buildings and structures, to be drawn at a scale not smaller than one inch equals eight feet.

(c) A ground-level perspective drawing, one showing the community green and the surrounding buildings, and showing a typical residential street as seen from the public right-of-way.

(d) Drawing showing the proposed development in its surrounding context, including adjacent buildings and properties as such exist, to be drawn at the same scale as the site plan.

(e) Accurately colored architectural renderings of all prototypical buildings, structures and signs.

(11) Urban design concept diagrams that graphically depict the planning principles expressed in this chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the community green and commercial uses to residential areas, sites for public and semipublic uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, pedestrian walking distances, interconnections with the existing street and sidewalk system, buffer areas, and similar features of the plan (required for PRD projects only).

(12) Declaration of covenants, grants of easements, conditions, and restrictions.

(a) All deeds for conveyance of property within the planned residential development shall bind the purchasers to the declaration of covenants, grants of easement, conditions, and restrictions and shall state the requirement of mandatory membership for all owners in the development in the owners association, if such an association is to be created for the ownership, administration and maintenance of the common open space.

(b) Copies of any other restrictions that will run with the land and will become covenants in the deeds of the lots shall be submitted.

(13) An agreement shall be entered into between the Township and the landowner to cover in detail the improvements required to be constructed as a condition of acceptance of a planned residential development which specify time limits for the completion of required improvements. The items to be covered by the agreement shall include, but not necessarily be limited to, the construction of streets, storm drainage facilities, sanitary sewers, water lines, street signs, survey markers and monumentation, sidewalks, curbs, off-street parking, streetlights, street trees, fire protection, and common open space improvements.

(14) Financial security shall be calculated and posted to secure the completion of improvements in accordance with the requirements of Article V of the MPC[9] and Chapter 388, Subdivision and Land Development. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article V of the MPC.[10] Upon completion of the improvements and acceptance of dedication by the Township of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements which have been accepted by the Township in accordance with the requirements of Article V of the MPC.[11]

[9] Editor's Note: See 53 P.S. § 10501 et seq.

[10] Editor's Note: See 53 P.S. § 10501 et seq.

[11] Editor's Note: See 53 P.S. § 10501 et seq.

(15) The proposed location, width, and purpose of all easements.

(16) A grading plan of the development.

(17) A clearing and vegetation protection plan showing and identifying the location of all area of the tract to be cleared, all areas of soil disturbance, all areas of topsoil stockpiling during the period of development, all existing vegetation to be retained, details for the methods of vegetation protection during the period of development.

(18) PennDOT: highway occupancy permits.

(19) Lancaster County Conservation District: approval of soil erosion and sediment control plans.

(20) PADEP: sewer and water approval; erosion and sediment control approval (earth moving).

(21) Electric company: approval of the lighting plan and location of all electric power lines and easements.

(22) Gas company: approval of location of all gas lines and easements, if applicable.

(23) Appropriate utility and transmission companies: approval of development around rights-of-way and easements.

(24) Appropriate railroad company: approval of any proposed grade crossings, utility crossings, rail extensions or alterations.

(25) Local postmaster: approval of street names.

(26) Updated Traffic Evaluation Study in accordance with Chapter 388, Subdivision and Land Development, pertaining to the phase to be constructed.

H. Permitted uses.

(1) All of the uses set forth in the (I) Industrial Zone (§ 425-19) as permitted by right, special exception or in accordance with certain criteria are allowed in a planned residential development (PRD).

(2) The following uses are permitted in a planned residential development (PRD), in the (I) Industrial Zone, with Village designation on the Comprehensive Plan, and subject to all the applicable development standards and requirements:

(a) Residential uses.

[1] Single-family detached dwellings.

[2] Single-family semidetached dwellings.

[3] Duplexes.

[4] Townhouses.

[5] Multiple-family dwellings.

[6] Apartments.

[7] Accessory dwellings.

(b) Public and semipublic uses, including parks and playgrounds and structures typically constructed as part of this type of facility:

[1] Community clubs.

[2] Community facilities.

[3] Day-care facilities.

[4] Churches and related uses.

(c) The following commercial uses:

[1] Banks and other financial institutions, including drive-through banking facilities.

[2] Offices.

[3] Retail sales of goods and services.

[4] Restaurants, except drive-through facilities.

[5] Convenience stores, including automotive fuel sales.

[6] Golf courses.

[7] Public and semipublic recreational uses.

[8] Cemeteries.

[9] Bed-and-breakfasts.

I. Permitted PRD accessory uses. The following uses are permitted in a PRD, subject to all the applicable development standards and requirements.

(1) All village accessory uses shall comply with the accessory uses and structures regulations of § 425-31 of this chapter.

(2) Home occupations as a special exception in accordance with the standards set forth in § 425-82 of this chapter.

(3) Accessory uses, buildings or structures for all other nonresidential uses as approved by the Township Board of Supervisors.

J. PRD common open space.

(1) Twenty-five percent of the gross area of the PRD shall be allocated to and shall remain common open space. Common open space within the (FP) Floodplain Zone as set forth in § 425-21 of this chapter shall be included within the required common open space; however, the provisions of that district shall apply. Common open space shall be deed-restricted to prohibit future subdivision or development, except for agricultural, recreational, or golf course uses that may be permitted with the approval of the Manor Township Board of Supervisors. The common open space shall be provided in the form of internal open space and peripheral open space.

(2) Internal open spaces (Illustrations 15 and 16) shall contain a minimum area of 500 square feet and shall be of a distinct geometric shape (generally rectilinear or square) appropriate for use as a public space. Internal open spaces shall function as traditional urban public space; i.e., park, monumental, public gathering or visual. Internal open spaces shall in general be the focus or be spatially enclosed by the buildings that front on the area or front upon the streets bounding the area.

(3) Common open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, floodplains, wetlands, woodlands, specimen trees and other areas of matures vegetation worthy of preservation may be left unimproved and natural state. As a general principle, the preservation of undeveloped open space in its natural state or as existing farms is encouraged. To the greatest extent possible, common open space shall include all environmentally sensitive areas, including areas with slopes greater than 20%, one-hundred-year floodplains, wetlands, areas of seasonally high water, and other such critical areas. Existing man-made features, such as farmsteads, may be preserved through incorporation in common open space.

(4) Peripheral open space (Illustration 16) areas may be used for public and semipublic recreation purposes with the approval of the Township Board of Supervisors.

Illustration 15 - Community green surrounded by neighborhood development

Illustration 16 - Neighborhood development focused on central internal open space (community green) and surrounded by peripheral open space

(5) Recreational facilities shall be required to serve the anticipated needs of the residents of the PRD, taking into account the anticipated characteristics and demographic profile of the developments' population, the recreational facilities available in neighboring developments, and the relevant provisions regarding recreational facilities contained in the Township Comprehensive Plan.

(a) Cemeteries may be permitted in both internal and peripheral open space areas with the approval of the Township Board of Supervisors.

(b) The buildings, structures, and improvements permitted in the common open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.

(6) The phasing plan of the PRD shall coordinate the improvement of the common open space with the construction of dwellings. At no time in the development of various phases of the PRD may the total area of common open space in the phases developed be less than 25% of the gross area of the developed lands unless additional areas to produce the required percentage are permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed upon the approval and recording of the development plan of an additional phase of development.

(7) The ownership, administration and maintenance of common open space shall be arranged to be in accordance with one or more of the following:

(a) The Township may accept dedication of common open spaces or any interest therein for public use and maintenance, for no consideration to be paid by the Township. Unless waived by the Manor Township Board of Supervisors at time of approval, the Township shall have the option to accept all or any portion of the common open space at any time within 10 years of the recording of the final subdivision plan for the development. The final plan shall contain a note, in language acceptable to the Township Solicitor, that the common 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 common open space unless and until it has been accepted by formal action of the Township. This provision does not preclude future plan modification by the developer.

(b) The landowner may establish a property owners' association made up of the owners of property in the Planned Residential Development, for the purpose of owning, administering and maintaining common open space; provided, however, the association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own, administer and maintain common open space approved by the Township) without first offering the common open space for dedication to the Township. The property owners' association shall be empowered to levy and collect assessments from the property owners of the PRD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

(c) The landowner may establish a deed or deeds of trust, approved by the Township Board of Supervisors, for the purpose of owning, administering and maintaining common open space, with the Trustee empowered to levy and collect assessments from the property owners of the PRD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

(d) With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:

[1] The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence.

[2] The conveyance contains appropriate provisions for proper retransfer or reverser in the event that the organization becomes unable to continue to carry out its functions.

[3] A maintenance agreement acceptable to the Township is entered into by the developer, organization and Township.

(e) If a portion of the common open space is to be used for agricultural purposes, that portion of the common open space may be transferred to a person or other entity that will farm the land. Prior to the transfer of any common open space for agricultural purposes, a permanent conservation easement in favor of the Township, in language acceptable to the Township Solicitor, shall be imposed against such land. The conveyance shall contain appropriate provisions for the retransfer or reverser to the Township or any association or trustee holding the remainder of the common open space in the event the land ceases to be used for agricultural purposes.

(8) In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the PRD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the property within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the PRD, to be held by the Township, at which hearing such organization or the residents of the PRD shall show cause why such maintenance by the Township, shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the common open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding decision of the Township shall be subject to appeal to court in such manner, and within the same time limitation as is provided for zoning appeals by the MPC, as amended or supplemented. The cost of maintenance of such common open space by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of Lancaster County, Pennsylvania, upon the properties affected by the lien within the planned residential development.

K. Blocks within planned residential developments.

(1) To the greatest extent possible, blocks shall be designed to have a maximum length of 600 feet. Alleys shall be permitted to bisect blocks.

(2) Each block shall be designated with a building setback line, which shall establish the front yard setback for the lots on the block. The actual building location shall fall between the minimum and maximum front yard setbacks for the proposed uses. Building locations, lot areas and lot widths shall vary at random to the greatest extent possible, in order to create variation and appropriate human scale in the streetscape. A maximum of 5% of all lots for single-family detached dwellings may be flag lots.

L. Streets within planned residential developments.

(1) The street layout shall be a modified grid street pattern adapted to the topography, unique natural features and environmental constraints of the tract. The street layout shall take into consideration the location of the community focus, other internal open space areas and vistas. A minimum of two interconnections with the existing public street system shall be provided where possible. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where possible. Refer to Illustration 19.

(2) The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern; however, modified to avoid a monotonous repetition of the basic street/block pattern.

(3) The street layout shall incorporate a hierarchy of street types. All streets shall generally conform to one of the following street categories. Refer to Illustration 20.

Illustration 19 - Diagram of a modified grid street pattern with two interconnections with the surrounding street system

	Hierarchy of Street Types (See Illustrations 20 to 28)
	1.	Major Road - Type A
	2.	Major Road - Type B
	3.	Boulevard - Type A
		Boulevard - Type B
	4.	Main Street
	5.	Village Street - Type A
	6.	Village Street - Type B
	7.	Alley

Illustration 20 - Hierarchy of Street Types

Illustration 21 - Street Section for Major Road, Type A

Illustration 22 - Street Section for Major Road, Type B

*Bike Path

Illustration 23A - Street Section for Residential Street Boulevard, Type A

Illustration 23B - Street Section for Boulevard/Main Street, Type B

Illustration 24 - Street Section for Main Street/Village Center Street

Illustration 25 - Street Section for Residential Street, Type A

Illustration 26 - Street Section for Residential Street, Type B

Illustration 27 - Street Section for Residential Street, Type C

*On-street parking yield condition

Illustration 28 - Street Section for an Alley

M. Residential development within a planned residential development (PRD).

(1) The maximum allowable gross density of the PRD shall not exceed 5 1/2 units per gross acre.

(2) A range of village dwelling types shall be provided in the development. The number of single-family detached dwellings, including both large lot and small lot types, shall range from a minimum of 30% to a maximum of 90%. Of the remaining number of dwellings other than single-family detached dwellings, no more than 50% shall be the same type of dwelling unit (e.g., semiattached, duplexes, townhouses, apartments, multiple-family dwellings, or accessory dwellings).

(3) Residential net density shall generally decrease from the community green towards the periphery of the development. A mix of dwelling unit types shall be distributed throughout the development. The segregation of different dwelling unit types is discouraged and different types of dwelling units may be mixed in any distribution within any single block if desired. Refer to Illustration 29.

Illustration 29 - Residential density should generally decrease from the community green towards the periphery of the neighborhoods.

(4) Buildings containing dwelling units shall be designed to vary in appearance. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance and porch locations. Colors, materials and architectural details should be limited in number, compatible, and used repeatedly throughout the neighborhood.

(5) Accessory dwellings includes apartments integrally attached to single-family detached dwellings, or detached accessory dwellings, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family detached dwellings. Accessory dwellings shall be limited to areas specifically designated for such use accessory dwellings shall not affect overall density determination. There shall not be more than one accessory dwelling located on a lot in addition to the single-family detached dwelling.

(6) Apartment dwellings located on upper floors above commercial uses shall be limited to areas designated for such use. For the purposes of calculating residential density, each such apartment dwelling shall count as 1/2 dwelling unit. Refer to Illustration 30.

Illustration 30 - Apartment dwellings may be located on the upper floors of mixed-use buildings above commercial uses.

N. Commercial development within a planned residential development.

(1) The commercial density of a PRD shall range from a minimum of 25 square feet of commercial floor area per residential dwelling unit to a maximum of 150 square feet of commercial floor area per dwelling unit. The commercial component of a PRD shall be mandatory unless waived by the Manor Township Board of Supervisors. Refer to Illustration 31.

Illustration 31 - The greatest concentration of commercial development in a neighborhood should be around a community green and/or within a Main Street commercial area.

(2) The commercial component shall consist of a minimum of commercial uses primarily oriented to serve both the residents of the development and residents of the immediately surrounding community. The remaining commercial uses may consist of any permitted commercial uses, including other types of retail and service uses.

(3) Commercial uses may be contained in multistory, mixed-use structures with commercial uses on the ground level and apartment dwellings on the upper levels. Such buildings contained within any neighborhood shall vary in terms of footprint and architectural elevations. Storefront commercial buildings shall be designed to coordinate with the scale and character of the streetscape upon which it fronts. Contemporary commercial structures shall be detached and visually separated from the village streetscape.

(4) Restaurant uses shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way, and in courtyards, provided pedestrian circulation or access to store entrances shall not be impaired. Refer to Illustrations 32 and 33. The following standards and guidelines are applicable:

(a) To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables or other encumbrances.

(b) Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

(c) Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

(d) Outdoor cafes shall be required to provide additional outdoor trash receptacles.

(e) Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

Illustration 32 - Restaurants may have outdoor cafes on sidewalks or in courtyards.

Illustration 33 - Commercial uses may have sidewalk displays of retail merchandise.

(5) For storefront commercial uses, on-street parking shall be provided as a supplement to off-street parking facilities to serve customers of storefront commercial uses. The minimum requirement for on-street parking shall be one curbside space for each 2,000 square feet of gross floor area of storefront commercial uses. Where the minimum on-street parking requirement cannot be completely complied with, the deficient number of spaces shall be provided in off-street parking lots. Commercial on-street parking shall be provided as curbside parallel or angle parking located along both sides of the streets on all blocks upon which commercial uses front. Contemporary commercial uses shall provide off-street parking and loading in accordance with the off-street parking and off-street loading provisions of §§ 425-41 and 425-42 of this chapter.

(6) Parking for all dwelling units shall be prohibited in front yard setback areas. With the exception of single-family detached dwellings, single-family semidetached dwellings and duplexes, driveways shall be prohibited in any front yard area. For other dwelling types, driveway access shall be provided from lanes.

(7) Parking lot landscaping, buffering and screening.

(a) Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light and glare onto adjacent properties.

(b) The interior of all parking lots shall be landscaped to provide shade and visual relief. Parking lots with 10 spaces or less may not require interior landscaping if the applicant demonstrates to the Manor Township Board of Supervisors that there is adequate perimeter landscaping.

(c) Parking lot layout shall take into consideration pedestrian circulation; pedestrian crosswalks shall be provided where necessary and appropriate.

O. Area and bulk guidelines. The following area and bulk guidelines are intended to establish a basis for evaluation and approval of site-specific standards as proposed by the applicant. The applicant shall provide an equally complete set of guidelines that relate to the proposed PRD. When approved by the Township Board of Supervisors, these dimensions will become the applicable standards for the project. See the following table:

(1) Bulk standards for accessory dwellings. An accessory dwelling located on the same lot as a large lot single-family detached dwelling, whether attached or detached to same, shall additionally comply with the bulk standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of 35 feet.

(2) Additional standards for accessory dwellings. An accessory dwelling located on the same lot as a small lot single-family detached dwelling, whether attached or detached to same, shall additionally comply with the standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of 25 feet.

(3) Where buildings are aligned front to front, rear to rear or obliquely, whether or not separated by property lines, the applicant shall propose, for approval by the Board of Supervisors, standards which are consistent with the intended character of the neighborhood and demonstrate adequate provision for maintenance and the health safety and welfare of the Township and occupants of the community.

	Single-Family Detached Dwellings	Single-Family Semidetached Dwellings	Duplex Dwellings	Townhouse Dwellings	Apartment Dwellings	Commercial Uses and Mixed-Use Buildings
Minimum lot area (square feet)	4,000 per unit	1,800 per unit	1,800 per unit	1,800 per unit	None required	None required
Minimum lot width (feet)	40	18	18	18	None required	None required
Minimum lot depth (feet)	100	100	100	100	None required	None required
Minimum front yard	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)
Maximum building height (feet)	35	35	35	35	65	65
Accessory dwellings	See Subsection O(1) or (2)	See Subsection O(1) or (2)	See Subsection O(1) or (2)	See Subsection O(1) or (2)	See Subsection O(1) or (2)	See Subsection O(1) or (2)
Building separation	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)	See Subsection O(3)

P. Required loading and service areas.

(1) When required, loading docks, solid waste facilities, recycling facilities and other service areas shall be adequately separated and/or screened from the public right-of-way and adjacent properties.

(2) Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spillover glare, noise or similar. Screening and buffering shall be achieved through walls, fences and landscaping and shall be visually impervious. Recesses in the building, architectural design or depressed access ramps may also be used.

Q. Floodplain control. All floodplain areas shall comply with "The requirements of the (FP) Floodplain Zone § 425-21 of this chapter. Floodplain areas may be utilized in meeting open space requirements and for the computation of maximum allowed density based on gross acreage.

R. Signs. All signs located within a PRD shall comply with the sign regulations as delineated by § 425-44 of this chapter or as approved as part of the tentative plan approval process.

S. Landscaping.

(1) Landscaping shall be required in accordance with a master landscape plan. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be planted with trees, shrubs, hedges, ground covers and/or grasses, unless such area consists of existing vegetation to be retained.

(2) Landscaping plans shall be prepared by a registered landscape architect.

T. Shade trees. Shade trees shall be provided along streets, public or private, in accordance with the overall landscape plan.

U. Lighting. Streets and sites shall provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way.

V. Street furniture. Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks and bollards should be carefully selected to ensure compatibility with the architecture of surrounding buildings, the character of the area and with other elements of street furniture. Selection and location of the various elements of street furniture shall be indicated on the master landscape plan.

W. Architectural design standards and guidelines. Buildings shall generally relate in scale and design features to indigenous regional architecture. An applicant for tentative approval shall prepare an architectural design guide that will describe the key elements of style and design that will be employed as parameters for subsequent design of structures and architectural features throughout the life of the project.

§ 425-89 Medical residential campuses.

Within the (RH) High-Density Residential and (RH1) High-Density Residential Flex Zones, medical residential campuses are permitted by special exception, and within the (I) Industrial Zone, are permitted uses, subject to the following criteria:

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

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

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

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

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

F. The site shall front on and have access to a collector or arterial road as identified on the Official Zoning Map.

G. All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land, and 50 feet from all lot lines of the campus property.

H. The maximum permitted overall density is 10 dwelling units per acre.

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

J. The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for that portion of building height exceeding 35 feet. Furthermore, any building exceeding 35 feet in height shall be sprinklered and shall require verification from the local Fire Chief that adequate firefighting protection is available.

K. No more than 70% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces.

L. Each off-street parking lot shall provide at least 5% of the total parking spaces as those designed for the physically handicapped (see § 425-41H of this chapter for design regulations). Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required.

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

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

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

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

(4) Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, or visitors.

§ 425-90 Mini warehouses.

[Amended 8-2-2021 by Ord. No. 8-2021]

Within the (GC) General Commercial, (LC) Local Commercial and ( LTD) Limited Commercial Zones, mini warehouses are permitted by special exception, subject to the following criteria:

A. Off-street parking spaces shall be provided for mini warehouses according to the schedule listed in § 425-41S of this chapter.

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

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

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

E. On-site management shall be provided for a minimum of 20 hours per week, during the hours of 8:00 a.m. and 7:00 p.m. Contact information for management during the remaining hours of the day shall be prominently posted on the premises.

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

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

H. Mini-warehouses shall be used solely for the dead storage of property.

(1) The following lists examples of uses expressly prohibited upon the site:

(a) Auctions, commercial wholesale or retail sales, or garage sales.

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

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

(d) The establishment of a transfer and storage business.

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

(2) The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.

§ 425-91 Mobile home parks.

Within the (RH) High-Density Residential Zone, mobile home parks are permitted by conditional use, subject to the following criteria:

A. The minimum parcel size for any mobile home park development shall be 10 acres.

B. The maximum number of mobile home units shall be limited to seven per gross acre.

C. No single mobile home lot shall contain less than 4,200 square feet.

D. No mobile home lot shall be within 50 feet of a park boundary or within 50 feet of an outside street right-of-way. This area shall constitute the mobile home park boundary area.

E. No mobile home, office or service building shall be located within 50 feet of a park boundary; nor within 75 feet of an outside street right-of-way; nor within 10 feet of the right-of-way of an interior park street, or the paved edge of a common parking area or common walkway; nor within 20 feet of an adjacent structure or mobile home.

F. Each mobile home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In no case shall the distance between any two mobile homes be less than 20 feet.

G. A paved on-site walkway of a minimum width of three feet shall be provided to each mobile home unit from an adjacent street.

H. There shall be a common walk system four feet wide throughout the development.

I. All roads in the park shall be private access drives shall be lighted and shall be paved with a bituminous or concrete surface at least 24 feet wide.

J. Each mobile home lot shall abut on a park access drive with access to such access drive. Access to all mobile home lots shall not be from public streets or highways.

K. Each mobile home space shall contain no more than one mobile home or more than one family.

L. No less than 10% of the total mobile home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required mobile home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area.

M. Each mobile home stand shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply.

N. Protective skirting shall be placed around the area between the ground surface and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions.

O. No travel or vacation trailer or other form of temporary living unit shall be placed upon any mobile home stand or used as a dwelling within the mobile home park.

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

Q. Each mobile home shall be provided with a minimum of two paved parking spaces that shall be located on the mobile home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served.

R. Each mobile home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support.

S. All mobile home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the conditional use application.

T. All mobile home parks shall access only onto collector or arterial streets.

§ 425-92 Nightclubs.

Within the (GC) General Commercial Zone, nightclubs are permitted by special exception, subject to the following criteria:

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

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

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

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

§ 425-93 No-impact home-based business.

Within the (A) Agricultural; (R) Rural; (RL) Low-Density Residential; (RM) Medium-Density Residential; (RH) High-Density Residential; (LC) Local Commercial; (CO) Commercial Office; (C) Conservation; (MRC) Mixed Residential/Commercial; (V) Village; (RL1) Low-Density Residential Flex; (RM1) Medium-Density Residential Flex; and (RH1) High-Density Residential Flex Zones, no-impact home-based businesses are permitted, subject to the following criteria:

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

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.

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

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

F. 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.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area or 500 square feet of gross floor area, whichever is less.

H. The business may not involve any illegal activities.

§ 425-94 Nonresidential buildings existing on separate lots.

Within the (V) Village Zone, nonresidential buildings existing on separate lots on December 7, 1996, may be used for the uses specified in § 425-26C(9) of this chapter, subject to the following criteria:

A. No outside storage is permitted.

B. One sign is permitted, which may not exceed two square feet on one side and which may not be illuminated.

C. The nonresidential building may not be expanded to exceed the square footage that existed on December 7, 1996.

D. Off-street parking shall be provided in accordance with § 425-41 of this chapter.

§ 425-95 Nursing, rest or retirement homes.

Within the (R) Rural; (RH) High-Density Residential; and (RH1) High-Density Residential Flex Zones, nursing, rest or retirement homes are permitted by special exception, and within the (I) Industrial Zone are permitted uses, subject to the following criteria:

A. The minimum lot area shall be one acre, and further provided that no more than 32 resident patients or resident guests shall be permitted per acre of lot area.

B. The applicant shall furnish evidence that an approved means of water supply and connection to a public sewage treatment and disposal system shall be utilized.

C. Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.

D. At least 5% of required parking spaces shall be designed for handicapped persons as prescribed in § 425-41H of this chapter.

E. When a subject property adjoins and has access to a collector or arterial road as identified on the Official Zoning Map, and is served by public water and public sewer, and contains a minimum of 60 contiguous acres, the following standards shall apply in lieu of all other standards:

(1) The maximum overall density allowed is 6 1/2 independent living units per acre, exclusive of nursing care facilities. All levels of care provided shall be licensed by the Commonwealth of Pennsylvania.

(2) No more than 50% of the subject property may be covered with building, paving and loading areas and/or other impervious materials.

(3) Maximum permitted height.

(a) Principal structures: 70 feet.

(b) Accessory structures: 30 feet.

§ 425-96 Public uses.

Within the (A) Agricultural Zone, public uses (as defined herein) are permitted by special exception upon demonstration that the proposed use at its proposed location within the (A) Agricultural Zone is necessary for the public health, safety, welfare, or convenience. Furthermore, the applicant shall show that the proposed use either:

A. Is not located on prime agricultural soils; or

B. Cannot be located elsewhere on nonprime soils, without jeopardizing the use's utility and/or effectiveness.

§ 425-97 Quarries and other extractive-related uses.

Within the (E) Excavation Zone, quarries and other extractive-related uses are permitted by special exception, subject to the following criteria:

A. General. Quarry operations:

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

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

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

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

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

(6) Must demonstrate compliance with all applicable state regulations at all times.

B. Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

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

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

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

(4) The purpose for which each building is used.

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

C. Minimum lot area: 50 acres.

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

E. Setbacks. See the following table which identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:

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

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

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

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

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

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

G. The applicant shall submit a Traffic Evaluation Study in accordance with Chapter 388, Subdivision and Land Development.

H. Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[1] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the PADEP.

[1] Editor's Note: See 52 P.S. § 3307(c).

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

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

(1) The name or number of the operation.

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

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

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

(5) An annual report of the type and quantity of mineral produced.

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

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

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

§ 425-98 Recycling stations for paper, glass and metal products.

Within the (I) Industrial Zone, recycling of paper, glass and metal products is permitted by special exception, subject to the following criteria:

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

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

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

D. The applicant will demonstrate a working plan for the regular maintenance of the site to assure the immediate collection of stray debris.

§ 425-99 Restaurants and taverns.

Within the (V) Village Zone, restaurants and taverns are permitted by special exception, subject to the following:

A. Such uses can only occur within buildings that comply with § 425-26F of this chapter.

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

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

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

E. The proposed use shall not involve drive-through, or fast-food restaurant operations, or nightclubs, as defined herein.

F. All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:

(1) Such seating is situated and designed so as not to adversely impact nearby residences.

(2) Such seating is accessory to the principal interior seating accommodations.

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

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

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

§ 425-100 Retail and wholesale sales of nursery and garden stock.

Within the (R) Rural Zone, retail and wholesale sales of nursery and garden materials are permitted by special exception, subject to the following criteria:

A. All greenhouses and nurseries shall have vehicular access to an arterial or collector road, as identified on the Official Zoning Map.

B. The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale, or repair of motorized nursery or garden equipment shall not be permitted.

C. All outdoor display areas shall be set back at least 25 feet from the street right-of-way line. All structures, parking lots, off-street loading and outdoor sales areas shall be set back at least 100 feet from any side or rear lot lines.

D. All improvements (including parking and loading facilities) shall be screened from adjoining residentially zoned properties.

E. Sign(s) shall be permitted in accordance with § 425-44 of this chapter.

§ 425-101 Riding stables.

Within the (A) Agricultural; (R) Rural; and (C) Conservation Zones, riding stables are permitted by special exception, subject to the following criteria:

A. Minimum lot area. At least one acre per two animals of area dedicated solely to the stabling/grazing/pasturing of such animal(s) and no other use; a minimum of 10 acres when a riding stable is proposed to be the site of riding shows or events open for attendance or participation by the general public.

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

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

D. All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence; the fence for such areas adjacent to any zones other than (A) Agricultural; (R) Rural; or (C) Conservation Zones shall be located at least 10 feet from the property line(s).

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

F. All manure storage facilities shall be subject to the requirements for such facilities described in the (A) Agricultural Zone.

G. For those riding stables proposed to include shows or events open to attendance or participation by the general public, the applicant must submit credible evidence that demonstrates that the proposed show or event can be effectively accommodated without adverse impact to adjoining uses due to traffic, number of participants or spectators, hours of operation, parking, noise, light, litter, dust, and pollution.

§ 425-102 Schools.

Within the (A) Agricultural; (R) Rural; (RH) High-Density Residential; (LC) Local Commercial; (V) Village; and (RH1) High-Density Residential Flex Zones, schools are permitted by special exception, subject to criteria of the applicable school governing body so long as those criteria meet or exceed the following criteria:

A. Except within the (V) Village Zone, all buildings shall be set back at least 100 feet from any adjoining land within any of the residential zones. Within the (V) Village Zone, schools shall only be permitted within buildings that existed on December 7, 1996.

B. Within the (A) Agricultural and (R) Rural Zones, schools shall not be located on prime agricultural soils.

C. No part of a school property shall be located within 1,000 feet of a property containing an adult-related facility (as defined herein), nor 300 feet of a property containing an automobile filling station.

D. If education is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence, and screened from adjoining residentially zoned properties or properties within the (V) Village Zone. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

E. Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

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

G. For schools within the (A) Agricultural Zone, the minimum lot area shall be 20,000 square feet. In other zones, the underlying lot area requirement applies.

§ 425-103 Shopping centers.

Within the (GC) General Commercial Zone, shopping centers may be permitted by special exception, subject to the following criteria:

A. The subject property shall front on an arterial or collector road, as identified in § 425-45 of this chapter.

B. Only one access drive intersection with a road is permitted per road frontage of the entire shopping center site, regardless of the number of lots within the shopping center site. Access drive intersections with a road shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street and at least 100 feet from any side and/or rear property line. Access drives shall be set back at least 15 feet from any side and/or rear property lines; however, this setback is waived along any side and/or rear property line when a joint parking lot is shared by adjoining uses.

C. Both public sewer and public water shall be utilized.

D. See the following table for the required off-street parking and loading, and interior landscaping standards for shopping centers:

	Use	Minimum Required Off-Street Parking Spaces Per 1,000 square feet of Gross Leasable Floor Area	Minimum Required Interior Landscaping as Described in § 425-41O(2)(a) of this chapter	Minimum Required Off-Street Loading Spaces
	Shopping center, as defined herein, with up to 75,000 square feet of gross floor area	5.0*	5% of any off-street parking lot that is constructed at grade and is open to the sky above	1 per 25,000 square feet or fraction thereof, of gross leasable floor area
	Shopping center, as defined herein, with between 75,000 and 150,000 square feet of gross floor area	5.0*	5% of any off-street parking lot that is constructed at grade and is open to the sky above	1 per 20,000 square feet, or fraction thereof, of gross leasable floor area
	Shopping center, as defined herein, with over 150,000 square feet of gross floor area	5.0*	5% of any off-street parking lot that is constructed at grade and is open to the sky above	8 plus 1 per 50,000 square feet, or fraction thereof, of gross leasable floor area over 150,000 square feet

	NOTES:
	*	At least 2% of the required off-street parking spaces shall be designed and designated for park-and-ride use.

E. In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages to any nearby residentially zoned neighborhoods, and industrially zoned areas, even if these are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.

F. Any shopping center must provide an improved bus stop that would be conveniently accessible for patrons and employees who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.

G. The proposed shopping center shall comply with the applicable regulations contained within the following table. See the Shopping Center Design Requirements Table.[1]

[1] Editor's Note: The Shopping Center Design Requirements Table is included as an attachment to this chapter.

H. The applicant shall furnish a Traffic Evaluation Study in accordance with Chapter 388, Subdivision and Land Development.

I. The shopping center shall be screened from any of the adjoining residential zones or existing residential uses by a landscape screen with a planting strip. The planting strip shall have a width of at least 25 feet measured from the property line or right-of-way line; shall be planted in grass, shrubbery, trees, or other plant material; shall be broken only by approved entrances or exits; and shall not have any other paved or impervious surfaces. The landscape screen shall be composed of a combination of trees and shrubs; at the time of planting the shrubs shall have a height of at least four feet from ground level, and the trees shall have a height of at least 10 feet from ground level and a trunk caliper of at least 1 1/2 inches measured six inches above ground level. The plants selected for the landscape screen shall be suited for such plantings and shall be arranged in such a manner as to provide an effective visual barrier within two years of planting. In order to determine compliance with the requirements of this subsection, a plan shall be submitted showing the proposed design of the planting strip and landscape screen; said plan shall include a plant schedule and sufficient information as required for the installation of the planting strip and screen; the plan shall be sealed by a landscape architect licensed to practice in the Commonwealth of Pennsylvania.

J. In addition to the requirements of §§ 425-41M and 425-42I of this chapter, light emanating from any source on the property shall not be greater than 0.1 horizontal footcandle measured at the property line. At designated vehicular entrances/exits, a maximum illumination level of 0.5 horizontal footcandles shall be allowed; provided said area of illumination is limited to the said property and the adjoining pavement and right-of-way(s) of public streets. The area of illumination shall not extend beyond 50 feet from the center line of the designated entrance/exit in any direction along the property line(s) of said property.

K. The applicant shall identify any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances and commonly accepted standards.

§ 425-104 Single-family detached dwellings and/or seasonal residences; (C) Conservation Zone.

Within the (C) Conservation Zone, single-family detached dwellings and/or seasonal residences are permitted by special exception, subject to the following criteria:

A. Each dwelling shall be located on a five-acre-minimum lot which is at least 200 feet wide. All structures shall be set back at least 50 feet from each property line.

B. The applicant shall demonstrate that measures are being used to:

(1) Avoid the clearing of vegetation in areas that have a high potential for soil erosion.

(2) Prevent the construction of structures and other site improvements on areas with slopes exceeding 15%.

(3) Minimize grading throughout the site.

(4) Protect and preserve any natural wildlife and/or plant habitats that coincide with the steep slopes, woodlands, wetlands, floodplains or other environmentally sensitive areas both during and after construction.

(5) Protect any sensitive environmental conditions adjacent to the site.

(6) Prevent a "strip" development pattern along the Township's existing roads.

C. In those instances where buildings and/or other structures are being placed on slopes exceeding 8%, a description of the methods used to overcome foundation problems shall be provided.

D. Woodland preservation requirements.

(1) In existing wooded areas (as of September 19, 1990), at least 80% of the number of trees of a minimum trunk caliper of five inches, measured six inches above the ground, shall be maintained or replaced immediately following construction, and prior to use or occupancy. Replacement trees shall be a minimum of two inches in diameter measured at a height of six inches above finished grade.

(2) Only those areas necessary for the construction of buildings or structures for which a zoning permit has been issued shall be cleared of existing woodland

§ 425-104.1 Solar energy systems and facilities.

[Added 9-5-2023 by Ord. No. 2-2023]

Within the (GC) General Commercial Zone and the (I) Industrial Zone, principal solar energy systems shall be permitted by special exception, and within all zones accessory solar energy systems shall be permitted by right subject to the following definitions and criteria:

A. Definitions. The following terms will have the following definitions for purposes of this section.

ACCESSORY SOLAR ENERGY SYSTEM(S) (ASES)

An alternative energy system consisting of one or more ground-mounted, principal-building-mounted, or accessory-building-mounted solar collection devices and solar energy related equipment to generate electricity or otherwise convert solar energy into a different form of energy for the primary purpose of reducing on-site consumption of purchased power.

PRINCIPAL SOLAR ENERGY SYSTEM(S) (PSES)

An alternative energy system consisting of ground-mounted solar collection devices and solar energy related equipment to generate electricity or otherwise convert solar energy into a different form of energy for the primary purpose of using the energy for commercial or other off-site use, including but not limited to any structure for batteries or storage cells related to solar energy.

B. Accessory solar energy system(s) (ASES).

(1) The placement of all features and system components constituting the ASES shall comply with the principal building setback, height, lot coverage, and other bulk requirements of the applicable underlying zoning district.

(2) Roof-mounted ASES shall not extend beyond the roof edge in any direction nor above the ridgeline of any sloped roof to which the system is attached.

(3) Ground-mounted ASES shall not exceed 12 feet in height.

(4) The maximum permitted area, which is the combined surface area of all individual solar panels constituting the ASES, shall not exceed 1,000 square feet.

(5) All utilities, lines, cables, wires, and other connections of, to, or from the ASES and any related structure shall be at or below grade.

(6) The ASES shall be installed in compliance with all applicable building and construction code requirements.

(7) Ground-mounted ASES shall be deemed impervious cover requiring stormwater management design pursuant to the Manor Township Stormwater Management Ordinance.[1] The landowner must maintain the stormwater management feature(s) in good working order so long as the system is installed.

[1] Editor's Note: See Ch. 373, Stormwater Management.

(8) The actual surface area of all individual panels shall be considered in determining the amount of additional lot coverage the system creates.

(9) If requested by the Township, the applicant shall supply one year's worth of electrical consumption records for the subject property to serve as a benchmark for the anticipated amount of electrical energy proposed to be generated.

(10) ASES shall be a use permitted by right in all zoning districts in the Township provided that they meet all regulations set forth herein.

(11) The design, installation, and operation of ASES shall comply with all applicable federal, state, and local laws and regulations, including but not limited to building, construction, fire and life safety requirements, and conform to the applicable industry standards, including those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations.

C. Principal solar energy system(s) (PSES).

(1) Within the (I) Industrial Zone and the (GC) General Commercial Zone, a PSES shall be a use permitted by special exception, subject to the standards set forth in this section.

(2) If the PSES is upon a lot that adjoins another lot with an existing residential use, then all features and system components shall be set back a minimum of 50 feet from that shared boundary line.

(3) The minimum lot size for placement of a PSES shall be 20 acres.

(4) Within the (I) Industrial and (GC) General Commercial Zones, the placement of all features and system components constituting the PSES shall be set back a minimum of 50 feet from all property lines and street right-of-way lines. Within the aforementioned districts, the maximum lot coverage of the PSES shall not exceed 65%.

(5) All PSES features and system components that are impervious, including but not limited to panels and their actual surface area, buildings, roads, etc., shall be considered in the lot coverage determination.

(6) Ground-mounted PSES shall not exceed 12 feet in height. Buildings constituting or relating to the PSES shall comply with the underlying zoning district requirements for maximum building height.

(7) The lot with the PSES may also have a single-family dwelling, which will be considered an accessory use.

(8) The PSES shall be enclosed with an eight-foot-tall chain-link fence having self-locking gates.

(9) As referenced in Subsection C(5) herein, the actual surface area of all panels shall be considered impervious and require stormwater management design complying with the Manor Township Stormwater Management Ordinance.

(10) Landscape screening shall include a minimum of two rows of native, green evergreen trees at least eight feet in height at the time of planting, planted 15 feet on center and staggered, and shall be installed as follows:

(a) Within the (I) Industrial Zone, along all property lines of the lot upon which the PSES is situated that abut or are across from an existing residential use; or

(b) Within the (GC) General Commercial Zone, along all property lines of the lot upon which the PSES is situated.

(11) Other design, installation, and operation regulations.

(a) The design, installation, and operation of PSES shall comply with all applicable federal, state, and local laws and regulations, including but not limited to building, construction, fire, and life safety requirements, and conform to the applicable industry standards, including those of the American National Standards (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations.

(b) The PSES shall have conspicuously and clearly labeled warnings about voltage and other important electrical safety information upon all features and components.

(c) The panels shall be positioned to prevent glare upon all neighboring properties, public streets, and private streets.

(d) The panels shall be positioned to prevent additional heat load upon all neighboring properties.

(e) Ground-mounted PSES shall not have concrete footings.

(f) The PSES shall not be located on soils designated as prime agricultural soils as determined by the current soil survey of the United States Department of Agriculture (USDA), floodplain area(s) [as defined in § 425-21, (FP) Floodplain Zone, of this chapter], wetlands, or slopes exceeding 25%.

(g) Clear cutting of wooded areas for placement of the PSES shall not be permitted.

(h) System components of the PSES shall be located on land, in descending order of desirability based upon the soil type classifications D, C, B, and A.

(12) Submission requirements. The applicant proposing to erect a PSES shall submit to the Township:

(a) A land development plan conforming with the requirements of the Manor Township Subdivision and Land Development Ordinance,[2] which plan must be approved by the Township;

[2] Editor's Note: See Ch. 388, Subdivision and Land Development.

(b) A project summary describing the overview of the project, which shall include: the proposed PSES and ancillary facilities; its approximate generating capacity, proposed location, and the location of any new electrical line(s) to and from such system and their off-site connection point(s) to the electrical grid; and the approximate number of panels to be installed, their representative type, height/extent or range of heights/extent, generating capacity, dimensions, and manufacturer(s);

(c) A glare analysis report prepared and sealed by an engineer licensed in the Commonwealth of Pennsylvania, which shows that glare will not be projected onto any public street or any building on a property, other than the property where the PSES is located, as a result of its installation;

(d) Documents related to decommissioning, as more fully described hereinbelow, including but not limited to executed agreement(s), such as a participating landowner agreement between the Township and PSES owner, operator, and/or landowner requiring such owner, operator, and/or landowner to obtain and post financial security for decommissioning as described hereinbelow; and

(e) Other relevant studies, reports, certifications, approvals, and agreements as may be reasonably requested by the Board of Supervisors to ensure compliance with this chapter, including, but not limited to: an interconnection agreement to evidence approval by an electrical utility or other entity receiving the generated energy from the PSES; an operations agreement to set forth operations and management parameters and policies, require continually updated/submitted contact information for the PSES owner/operator, and mandate inspection protocol and emergency procedures; a construction/deconstruction mitigation plan with a traffic study for those periods of construction and deconstruction along with a schedule for when such activities are proposed to occur; and/or a scenic viewshed mitigation plan.

(13) Certifications and inspections.

(a) National and state standards. The applicant shall show that all applicable manufacturer's, Commonwealth of Pennsylvania and U.S. standards for the construction, operation, and maintenance of the proposed PSES have been met, including, without limitation, back-feed prevention and lightning grounding. The PSES shall be built, operated, and maintained to the applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a PSES shall furnish evidence, over the signature of a professional engineer licensed to practice in the Commonwealth of Pennsylvania, that such PSES complies with all above standards.

(b) An annual inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be obtained by the PSES owner/operator and submitted to the Township not later than 30 days after each anniversary of the date on which the Township certified the PSES ready for operation. The inspection report shall certify the structural soundness and proper operation of the PSES.

(c) No PSES shall commence operation until the Township has certified, in writing, that the conditions of this section have been satisfied and the PSES has been constructed and installed in accordance with the approved plans and specifications.

(14) Local emergency services. The applicant shall provide a copy of the land development plan and project summary to the local fire companies and the Township's fire safety consultant for their review and comment. Comments and recommendations from the above individuals and/or entities shall be addressed by the applicant to the satisfaction of the Township in subsequent plan revisions. Upon the Township's request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PSES.

(15) Decommissioning.

(a) The PSES owner and operator shall, at its expense, complete decommissioning of the PSES within six months after the end of its useful life or the useful life of the panel(s), whichever comes first. The PSES and panels are presumed no longer useful when either fails to generate electricity for a continuous period of six months.

(b) Decommissioning shall include removal of all panels, buildings, cabling, electrical components, foundations, and any other associated features, facilities, or related components in their entirety, whether above, equal to or below ground. Stormwater facilities and healthy landscaping shall remain undisturbed.

(c) Disturbed earth shall be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(d) An independent, certified professional engineer licensed to practice in the Commonwealth of Pennsylvania shall be retained to estimate the total cost of decommissioning (the "decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (the "net decommissioning costs"). Said estimates shall be submitted to the Township prior to final approval of the land development plan and after the first year of operation and every fifth year thereafter.

(e) The PSES owner or operator shall post and maintain financial security for decommissioning in an amount equal to net decommissioning costs (the "financial security for decommissioning") before or contemporaneous with the Township's final approval of the land development plan. At no point thereafter shall the financial security for decommissioning be less than 25% of decommissioning costs. The funds for the financial security for decommissioning shall be posted and maintained with a bonding company, or federal or commonwealth chartered lending institution chosen by the PSES owner, operator, or participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

(f) The financial security for decommissioning may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

(g) If the PSES owner or operator fails to complete decommissioning within the prescribed period, then the landowner shall have six months to complete decommissioning.

(h) If neither the PSES owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then the Township may take such measures as necessary to complete decommissioning through the use of the financial security for decommissioning provided by the PSES owner or operator. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute consent of the parties to the agreement, their respective heirs, successors, and assigns that the Township may take such action as necessary to implement the decommissioning plan at the sole expense of the PSES owner, operator, and landowner.

(i) The escrow agent shall only release the financial security for decommissioning to the PSES owner or operator when such individual(s) demonstrated, and the municipality concurs, that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.

§ 425-105 Landfills and solid waste processing facilities.

[Amended 9-21-2016 by Ord. No. 4-2016]

Within the (E) Excavation Zone, landfills and solid waste processing facilities are permitted uses, subject to the following standards and criteria:

A. Any processing of solid waste in a solid waste processing facility (including but not limited to incineration, shredding, material separation, refuse-derived fuel, and pyrolysis) shall be conducted within a wholly enclosed building. The depositing of solid waste in a landfill shall not be subject to this Subsection A.

B. No solid waste shall be deposited or stored within 85 feet of any property line or within 1,000 feet of any land within any of the residential zones.

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

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

E. The use shall be screened from all roads and adjoining properties.

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

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

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

I. Hazardous waste as described by PADEP shall not be disposed of within the proposed area.

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

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

L. Any solid waste that cannot be used in any disposal process, or solid waste that is to be recycled, shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building. The depositing of solid waste in a landfill shall not be subject to this Subsection L.

M. All storage of solid waste shall be indoors in a manner that is leak- and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation. The depositing of solid waste in a Landfill shall not be subject to this Subsection M.

N. A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.

O. Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PADEP's regulations.

P. Any landfill shall have a maximum height of 832 feet above sea level. Any landfill earthen berm or mechanically stabilized earthen berm shall have a maximum height of 65 feet, and the base of the berm shall be set back at least 15 feet from any property line (with such setback measured from the base of the earthen berm). Solid waste processing facilities shall not exceed 75 feet in height and shall be set back from all property lines at least a distance equal to their height.

Q. The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

(1) In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Municipal Engineer.

(2) A water system that does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the municipality.

(3) A water feasibility study shall include the following information:

(a) Calculations of the projected water needs.

(b) A geologic map of the area with a radius of at least one mile from the site.

(c) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.

(d) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

(e) The location of all streams within 1,000 feet of the site and all known point sources of pollution.

(f) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.

(g) A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.

(h) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

R. The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through movement on the existing road.

S. A minimum one-hundred-foot-wide landscape strip shall be located along all landfill property lines which abut any public road or any adjoining property utilized for residential purposes, whether or not any other provision of this chapter contains a less restrictive provision. No structures, storage, parking or any other landfill-related activity or operation shall be permitted within any landscape strip required by this subsection. Any fences erected on the site shall not be located within any landscape strip required by this subsection.

T. No existing landfill, whether in operation or closed, shall be expanded beyond the original boundaries of the Lancaster County tax account parcel or parcels (the "landfill map parcels") upon which solid waste has been or is being deposited, regardless of whether the boundaries of the landfill map parcels are subsequently merged, changed, or otherwise altered, except to the extent the subject tract is an internal tract surrounded by a landfill and the tract's inclusion in the landfill use will not extend the exterior perimeter footprint of the existing landfill. No new landfill shall be located upon any Lancaster County tax account parcels contiguous (the "contiguous parcels") to the landfill map parcels of any landfill existing at the time the new landfill is located, whether or not the existing landfill is in active operation. For purposes of this Subsection T, the boundaries of the landfill map parcels, and the boundaries of the contiguous parcels, shall be those boundaries existing: a) as of January 1, 2016, for existing landfills which first received a permit from the Pennsylvania Department of Environmental Protection ("DEP") on or before January 1, 2016; and b) as of the date a landfill first receives a permit from DEP for new landfills which first receive a permit from DEP after January 1, 2016.

[Amended 1-2-2024 by Ord. No. 1-2024]

U. In the event an expansion application is filed with DEP for an existing landfill, or in the event an application for a new landfill is filed with DEP, the applicant shall prepare a plan delineating: a) the boundaries of the landfill map parcels on which such expanded or new landfill is located, and the boundaries of the contiguous map parcels; and b) the waste deposit setback lines required by § 425-105B. In the event of an expansion or new landfill that will reuse all or portions of the footprint of an existing or closed landfill, a separate tract internal to the landfill boundary may be included and treated as part of the landfill map parcels, with the boundaries of the landfill map parcels, the contiguous map parcels and the waste deposit setback lines being adjusted accordingly. This boundary and setback plan shall be included as an attachment with any Township permit application filed by the applicant with respect to any expanded or new landfill and shall be incorporated and recorded as a separate plan sheet in any subdivision or land development plan filed by the applicant with respect to any expanded or new landfill.

[Amended 1-2-2024 by Ord. No. 1-2024]

§ 425-106 Temporary farm employee housing.

Within the (A) Agricultural and (R) Rural Zones, temporary farm employee housing shall be permitted by special exception, subject to the following criteria:

A. For each farm, one mobile home is permitted for the use of farm workers (and their families), who are employed by the owner of the farm, for such time as the employee works the land of the owner.

B. All such units shall be located within the rear yard of the farm dwelling and shall further comply with all setback requirements imposed upon single-family detached dwellings.

C. Such mobile homes shall be securely anchored to a mobile home stand; a six-inch thick poured concrete slab over a six-inch stone base, the length and width of that shall be at least equal to the dimensions of the mobile home. Each mobile home pad shall include properly designed utility connections.

D. The mobile home shall be occupied at least 30 days a year by at least one person who is employed on the farm where the mobile home is located. If this condition is not satisfied, the mobile home shall be removed within 120 days.

§ 425-107 Truck or motor freight terminals.

Within the (I) Industrial Zone, truck or motor freight terminals are permitted by special exception, subject to the following criteria:

A. Access shall be via an arterial road, as identified on the Official Zoning Map.

B. The applicant shall provide a Traffic Evaluation Study in accordance with Chapter 388, Subdivision and Land Development.

§ 425-108 Warehousing and wholesale trade establishments.

Within the (I) Industrial Zone, warehousing and wholesale trade establishments having a gross floor area in excess of 100,000 square feet are permitted by special exception, subject to the following criteria:

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

(1) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.

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

(3) Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances and commonly accepted standards.

(4) The applicant shall provide a traffic evaluation study in accordance with Chapter 388, Subdivision and Land Development.

§ 425-109 Wholesale sales and storage of contracting supplies (excluding heavy construction), and plumbing, heating, air conditioning, electrical and structural components of buildings.

Within the (LTD) Limited Commercial Zone, the wholesale sales and storage of contracting supplies (excluding heavy construction), and plumbing, heating, air conditioning, electrical and structural components of buildings is permitted by special exception, subject to the following criteria:

A. No site shall contain more than 60,000 square feet of lot area.

B. No retail sales, machinery repair, nor junking of any materials or machinery shall be permitted.

C. Outdoor storage shall be limited to the side and rear yards and shall be set back no less than 20 feet from adjoining properties.

D. All outdoor storage areas shall be covered with a dust-free surface and screened from adjoining roads and properties.