Article 5 Special Use Regulations

Accessory dwelling units shall meet applicable zone requirements for setbacks, height, coverage, and lot width.

Shall conform with on-lot sewage disposal system requirements: see regulations in Article 4.

Shall not exceed 40% of the total square footage of the primary structure.

Limit one accessory dwelling unit per lot.

Must meet all other single-family detached dimensional requirements of the zone.

Landowner of lot must maintain principal residency in either the primary structure or accessory dwelling unit.

The total number of occupants in both primary residence and the accessory dwelling unit combined may not exceed the maximum number established by the definition of family.

Accessory dwelling unit shall be architecturally consistent with the primary structure.

A permit for an accessory dwelling unit must be approved and issued prior to its construction and the accessory dwelling unit must be in compliance with all other applicable East Hempfield Township codes and ordinances.

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

No accessory dwelling unit shall operate as a dwelling unit to non-family members of the principal building occupants.

The property owner of record shall record a notarized document, signed by all owners of record of the subject property, certifying that the accessory dwelling unit will not be used as a dwelling unit for non-family members of the principal single-family dwelling unit occupants. The permit applicant shall provide a copy of the recorded document and proof of recording to the Township prior to issuance of a permit. This condition shall endure future transfer(s) of ownership.

Accessory repair of personal motor vehicles.

Within any residential-use zone, the routine maintenance, repair and servicing of personal motor vehicles, outside of a completely enclosed building, with such vehicles being owned and/or leased by the person performing such services, is permitted subject to the following conditions:

All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.

All such activities shall be conducted at times that do not disturb adjoining residents as a result of noise, glare, dust, and hazardous waste.

Such uses must meet all ordinances of the Township, including noise and burn ordinances.

Any such repair activities cannot be conducted as an in-home business.

Admissions/fees booth in parking areas.

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

Adult businesses.

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

No adult business shall be located within 1,000 feet of any existing residence or any residentially zoned land.

No adult business shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

Amusement park.

Camp (for youth activity).

Day-care services, family and commercial.

Community activity building.

Place of worship.

Museum.

Park.

Playground.

School.

Other lands where, due to the nature of use, minors customarily or historically have congregated.

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of each business. The distance between any adult entertainment business and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the adult business to the closest point on the lot line of said land use.

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

Any building or structure used and occupied as an adult business 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.

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

Each entrance to the adult business shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.

No adult business may change to another adult business, except upon receiving conditional use approval for the new use.

No unlawful sexual activity or conduct shall be permitted.

No more than one adult business may be located within one building or shopping center.

Agritourism.

Agritourism businesses located in appropriately designated zones shall meet applicable zone requirements for setbacks, height, coverage, and lot width.

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

All areas open to the public shall be kept clean from debris and other visitor trash.

Visitor/customer hours are limited to dawn to dusk.

Agritourism businesses are limited to businesses which are incidental to the agricultural operation on the lot.

All new applications for an agritourism business shall provide a traffic impact assessment.

A lighting plan shall be approved by the Township.

Alternative energy systems (principal and accessory). Alternative energy systems include the following accessory and principal uses: solar energy systems, methane digester systems, and wind energy conversion systems.

Solar energy systems:

Accessory solar energy systems: Accessory systems are permitted in all zones subject to the regulations below:

A solar energy system shall be considered accessory only if it supplies electrical or thermal power primarily for on-site use, except that net metering shall be permitted per state law.

The owner of the accessory alternative energy source shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such connection meets applicable state and federal regulations. Off-grid systems shall be exempt from this requirement.

To the greatest extent feasible, accessory solar energy systems shall be roof-mounted, or located on an existing impervious surface. The applicant must demonstrate that roof mounting is infeasible prior to any application for a ground-mounted system.

When accessory ground-mounted systems are permitted, such system shall meet the following:

No ground-mounted system shall be located in a front yard of any zone, except on farm parcels in the A Zone, where ground-mounted systems may be located in a front yard, but shall be set back a minimum of 25 feet from the street line;

Ground-mounted systems shall meet the side and rear setbacks for the underlying zone.

The surface area of a ground-mounted system, including all mounting, collection, and distribution equipment, shall be calculated as part of overall lot coverage.

Ground-mounted systems shall not exceed the maximum building height in the applicable zone.

Roof-mounted systems shall not extend beyond the roof line.

All power transmission lines from a solar energy system to any building shall be located underground.

Falling of healthy, mature trees in order to provide solar access is strongly discouraged.

Accessory solar energy systems shall meet the general requirements listed in this chapter.

Principal solar energy systems: Where a principal solar energy system is permitted, the applicant shall demonstrate compliance with the following:

Principal solar energy systems shall be subject to the maximum height requirements of the underlying zone. The applicant shall provide a summary of operations to the Township at the time of the special exception hearing. Such summary shall include, but not be limited to: approximate generating capacity of the solar energy system; approximate number, representative types, and dimensions (including height when installed) of the PV panels and racking/mounting system; approximate location and arrangement of the PV modules and arrays on the site; approximate description, dimensions, and location of all ancillary equipment, buildings and structures, including all distribution or transmission lines.

All solar panels, equipment and accessory structures shall be enclosed by a fence, barrier or other appropriate means to prevent unauthorized persons or vehicles from entering that area of the lot. Such fencing shall be a minimum of eight feet high. Clearly visible warning signs shall be placed around the perimeter of the lot and at the facility entrance to inform individuals of the potential voltage hazards. Facilities shall not have any artificial lighting beyond that required by any applicable federal or state laws.

In order to determine that a proposed use or activity complies with the above standards, the Township may, at the expense of the applicant:

Require the submission of impartial expert opinions or judgments from official agencies or private consultants.

Require the submission of written assurances from the applicant.

Require compliance with certain tests or provision of whatever safeguards may be considered necessary.

All principal solar energy systems shall meet the general requirements below.

General requirements:

No signage or advertising shall be permitted on any part of the solar energy system.

Solar panels shall be located in a manner that will prevent glare toward adjacent dwellings and structures, as well as toward any oncoming traffic.

The design of the solar energy system shall conform to applicable industry standards. As applicable, the applicant/owner shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), Institute of Electronics and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), ETL Testing Laboratories, Florida Solar Energy Center (FSEC), or other similar certifying organization.

Decommissioning of solar energy system: The applicant/owner shall sign an agreement stating that when all reasonable uses of the panels are no longer necessary, they will be promptly removed at the expense of the applicant/owner. The agreement shall be written in language acceptable to the Township and shall, at the request of the Township, include a bond for estimated expenses of removal. Decommissioning shall include removal of all systems, equipment, buildings, cabling, electrical components, foundations and other associated facilities.

Methane digester systems: Principal and accessory methane digester systems are permitted as a conditional use only for industrial operations and agricultural farming operations and are subject to the following:

A traffic impact study analysis shall be provided, in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[1]

Editor's Note: See Ch. 265, Subdivision and Land Development.

The applicant shall address and document performance standards for siting to minimize impacts on neighboring lots, which shall include considerations of odor, prevailing wind patterns, proximity to non-agricultural lots, operational noise and specific hours of operation.

Systems shall be designed and constructed in compliance with the guidelines outlined in "Manure Management for Environmental Protection," Bureau of Water Quality Management Publication Afa 43, and any revisions, supplements and successors thereto, from the Pennsylvania Department of Environmental Protection (DEP).

Systems shall be designed and constructed in compliance with all applicable local, state and federal codes and regulations, and evidence of all such approvals shall be included with the application.

A certified professional, qualified to do such, shall furnish and explain all details of construction, operation, maintenance and necessary controls related to the system.

The applicant shall provide either:

A letter from the Lancaster County Conservation District (LCCD) stating it has reviewed and approved the applicant's system design and that all regulations and requirements of the Pennsylvania Manure Management Program have been satisfied; or

Submit a letter from the LCCD stating it will not review the plan or that no review is required under applicable ordinances; or

Submit evidence that such a letter has been requested and the LCCD has failed to respond.

Except as otherwise provided for under the provisions of the Pennsylvania Nutrient Management Act,[2] no underground storage, in-ground storage, trench silo, earthen bank, stacking area or above-ground storage facility related to the system shall be located within 50 feet of any side lot line; 75 feet of any rear lot line; 150 feet from any residential structure other than that of the owner; and 100 feet from any public street right-of-way. There shall be no discharge of any type of runoff into such street right-of-way.

Editor's Note: The Nutrient Management Act, 3 P.S. § 1701 et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

Wind energy conversion system (WECS):

Accessory wind energy conversion system (WECS): Accessory wind energy systems are permitted in all zones subject to the following:

A wind energy system shall be considered accessory only if it supplies power primarily for on-site use, except that net metering shall be permitted per state law.

The owner of the accessory WECS shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that such connection meets applicable state and federal regulations. Off-grid systems shall be exempt from this requirement.

An accessory wind energy conversion system shall be set back from all lot lines a distance equal to the height of the structure.

Wind energy generation shall be limited to one wind turbine per lot.

All moving parts of a wind turbine shall be a minimum of 10 feet above the ground.

All on-site utility and transmission lines shall be located underground.

Any accessory equipment building shall have a maximum area of 250 square feet and shall comply with the accessory building requirements in this chapter.

Wind energy systems shall meet the general requirements in this chapter.

Principal wind energy conversion system (WECS):

All principal wind energy conversion systems shall meet the applicable setback regulations of the underlying zone.

The minimum height of the lowest position of the wind turbine shall be 30 feet.

Turbines shall be equipped with an anti-climbing device or similar protective device to prevent unauthorized access. Access doors to the wind energy system and electrical equipment shall be locked to prevent unauthorized entry.

All associated mechanical equipment and accessory structures shall be enclosed by a fence, barrier or other appropriate means to prevent unauthorized persons or vehicles from entering that area of the lot. Such fencing shall be a minimum of eight feet high.

Clearly visible warning signs shall be placed around the perimeter of the lot and at the facility entrance to inform individuals of the potential voltage hazards.

In order to determine that a proposed use or activity complies with the above standards, the Township may, at the expense of the applicant:

Require the submission of impartial expert opinions or judgments from official agencies or private consultants.

Require the submission of written assurances from the applicant.

Require compliance with certain tests or provision of whatever safeguards may be considered necessary.

All principal wind energy systems shall meet the general requirements below.

General requirements:

No wind turbine shall be placed in a required setback.

Wind turbines shall be set back from all lot lines a distance at least equal to the height of the turbine.

Wind turbines shall not be illuminated except as otherwise required by law.

There shall be no antennae, advertising, or other items or material affixed or placed on any component of a wind energy system, except those required for safety or identification of the manufacturer.

The design of wind energy systems shall use materials, colors, textures, screening and landscaping that will blend components of the system into the natural setting and existing environment.

The design of the wind energy system shall conform to applicable industry standards, such as, but not limited to, National Standards Institute (ANSI), Underwriters Laboratories (UL), American Society for Testing and Materials (ASTM) or other similar certifying organizations. The manufacturer's specifications shall be submitted as part of the application.

A site plan shall be prepared and certified by a registered professional engineer and submitted as part of the special exception application. In addition to the other requirements of this section, the site plan shall contain the following.

Property boundaries and identification of neighboring landowners.

The location of all man-made structures on the lot, as well as all man-made structures within 100 feet of any proposed wind turbine.

All wires and overhead structures, both natural and man-made.

Complete structural and engineering details, including narrative descriptions, demonstrating how the foundation, support and other parts of the wind energy system will be constructed, installed, and maintained.

Information regarding the speed of operation and braking mechanism. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and/or excessive pressure on the turbine or any of its parts.

Decommissioning of wind energy system: The applicant/owner shall sign an agreement stating that when all reasonable uses of the panels are no longer necessary, they will be promptly removed at the expense of the applicant/owner. The agreement shall be written in language acceptable to the Township and shall, at the request of the Township, include a bond for estimated expenses of removal. Decommissioning shall include removal of all systems, equipment, buildings, cabling, electrical components, foundations and other associated facilities, and the restoration and revegetation of the area.

Amusement, fitness, and entertainment businesses.

Shall include, but not be limited to, indoor movie theaters.

If the subject property contains more than two acres, it shall front on and have direct access onto an arterial or collector street.

Off-street parking shall be provided as required by the combination of elements comprising the club, fields, pool, etc., including accessory uses. Parking lots shall be set back 30 feet from any adjoining residential lots.

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 lots.

The applicant shall furnish expert evidence that all lighting or outdoor recreating areas has been arranged to prevent glare on adjoining lots and streets.

The applicant shall prepare a visual screening and landscape plan in accordance with Article 4. East Hempfield Township noise ordinance regulations shall also apply.[3]

Editor's Note: See Ch. 170, Noise.

The applicant shall furnish expert evidence that the proposed use will comply with all municipal ordinances and will not be detrimental to the use of adjoining lots due to hours of operation, noise, light, litter, dust and pollution.

Parking and sign regulations in Articles 7 and 8 shall apply.

Assisted living facilities and long-term care facilities.

The minimum land area devoted to these facilities shall be 10 contiguous acres.

The site shall have direct access and front on a collector or arterial street.

Shall meet applicable zone design standards in Article 3.

Residences shall be functionally, physically, and architecturally integrated with the primary use as well as recreational activity centers located within the development.

Only those uses related to medical, residential, limited commercial and recreational uses, primarily servicing campus residents, will be permitted. Uses may include, but are not limited to the following:

Residential buildings, nursing homes, and congregate living facilities for the elderly or physically handicapped;

Medical facilities including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;

Commercial uses which are strictly related and subordinate to the facility. 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 the primary use of the facility.

The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. The description shall include a letter from the agency responsible for ambulance service in the site's vicinity. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden the local ambulance service, the Township may attach conditions of approval that seeks to assure adequate levels of service.

Automobile auctions.

The subject property shall have a minimum lot size of 30 acres.

The subject property shall be located within 5,000 feet of the entrance to a limited access highway.

All exterior vehicle storage shall be screened from adjoining residentially zoned lots.

Bars/taverns.

No part of the subject property shall be located within 1,000 feet of any residential dwelling, school, or place of worship.

The bar/tavern must show evidence of compliance with Liquor Control Board regulations.

Dancing and live musical entertainment shall be contained within the principal building.

The hours of operation for bars/taverns shall be provided to the Zoning Officer, in writing, at the time a zoning permit is issued, and if the hours of operation are to increase, a written request shall be made to the Zoning Officer.

When reviewing an application to increase the hours of operation for a particular bar/tavern, the Zoning Officer shall consider the potential impacts of the use upon adjacent properties, uses, occupancy loads of the use, and the history of any past violations of Township codes and ordinances which regulate the operation of bars/taverns.

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

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

The proposed use shall not involve drive-in, drive-through, or fast-food restaurant operations, or nightclubs, as defined herein.

All seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:

Such seating is situated and designed so as not to adversely impact nearby residences;

Such seating is accessory to the principal interior seating accommodations;

During use, such seating is continuously supervised by an employee or owner of the restaurant;

Any lighting or music systems serving such seating is designed and operated so as not to constitute a nuisance to adjoining properties; and

The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.

Bed-and-breakfasts.

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

All floors above grade shall have a permanently affixed direct means of escape to ground level. Such escape shall not be located on the front or primary facade of the building.

Parking and sign regulations in Articles 7 and 8 shall apply.

The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.

Operation of all bed-and-breakfast establishments shall comply with all applicable state and federal regulations and provide proof of such permits, certifications and licenses.

Boarding home.

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

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

All floors above grade shall have a permanently affixed direct means of escape to ground level.

Parking and sign regulations in Articles 7 and 8 shall apply.

Operation of all boarding homes shall comply with all applicable state and federal regulations and provide proof of such permits, certifications and licenses.

Businesses in the RM Zone permitted by special exception.

Parking and sign regulations in Articles 7 and 8 shall apply.

Off-street parking shall be located in the side or rear yard of the lot.

Visual screening/landscaping in regulations in Article 4 shall apply.

Each side yard setback is to be five feet greater than that required by the design standards of the RM zone.

The applicant shall incorporate shared parking lots and access drives into the site design when feasible.

If the subject property contains more than two acres, it shall front on and have direct access onto an arterial or collector street.

Additional off-street parking of one space for each 500 square feet shall be required if exterior retail sales areas are included in the site plan.

The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to prevent objectionable impact off the site.

Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building.

Where business uses permitted by special exception are to be located within residential developments or neighborhoods, such business uses shall be limited to corner lots.

Camps and campgrounds.

All campsites shall be located at least 50 feet from any side or rear lot line and at least 100 feet from any public street line.

Each campsite shall provide either one on-site parking space which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.

An internal street system shall be provided. All streets must comply with the East Hempfield Township Road Ordinance.[4]

Editor's Note: See Ch. 222, Streets and Sidewalks.

All outdoor play areas shall be set back 100 feet from any lot line and screened from adjoining residentially zoned lots in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[5] Such outdoor play areas shall be used exclusively by registered guests and their visitors.

Editor's Note: See Ch. 265, Subdivision and Land Development.

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet from any lot line. Such facilities shall be screened from adjoining residentially zoned lots in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any lot 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 only have vehicular access from the campground's internal access drives rather than the public street.

All accessory commercial uses and related parking shall be screened from adjoining residentially zoned lots in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

All campgrounds containing more than 100 campsites shall have direct access to an arterial or collector street, as identified in the East Hempfield Township Road Ordinance, and shall not be located on lands that are characterized by prime agricultural soils as defined herein.

All campground signs shall comply with Article 7 of this chapter.

A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within 100 feet of any lot line. Responsibility for maintenance of the recreation area shall be with the landowner.

During operation every campground shall have an office in which shall be located the person responsible for operation of the campground.

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 Township, the local authority, and PADEP as applicable.

Cemeteries.

All burial plots shall be located at least 10 feet from any street right-of-way line or lot line.

Burial plots shall not be located within floodplains, wetlands, high water table soils, slopes exceeding 25%, or easements.

Maximum building coverage: 20%.

Maximum lot coverage: 40%.

All means of ingress and egress shall be located and designed to accommodate traffic in a safe and efficient manner. Interior access drives shall be designed so as to prevent traffic congestion at points of ingress and egress.

Cluster developments.

Purpose and intent: Cluster developments seek to blend various residential development types within areas of the Township that are characterized as having natural beauty and environmental sensitivity. It is the express purpose to offer flexible design standards for the preservation and protection of natural and/or cultural features and/or the provision of publicly accessible common open space.

General criteria: Cluster developments are permitted by conditional use, subject to the following standards:

Permitted uses:

Public or private parks, open spaces, playgrounds and recreational areas, but not including uses which detract from the character of the zone.

Single-family detached dwellings, single-family semidetached dwellings (duplex), townhouses and multifamily dwellings;

Accessory uses customarily incidental to the above permitted uses: see regulations in Article 4.

Minimum lot area: 15 acres.

Sewer and water: All proposed dwellings shall be connected to, and served by, both public sewer and water utilities.

Delineation of required open space: As part of the site planning process for the cluster development, the applicant shall be required to prepare a detailed natural and cultural features inventory of the site. Such features shall become all or part of the required common open space. Qualified experts must identify, describe, and plot each of the following found on the proposed site:

One-hundred-year floodplains;

Steep slopes (greater than 15%);

Wetlands, streams, ponds, or other water bodies;

Threatened or endangered species habitats;

Archaeological resources;

Historic resources; and

Significant stands of mature trees.

Parkland/common open space delineation: The applicant shall delineate all required common open space and future parklands. Parklands, as required by the East Hempfield Township Subdivision and Land Development Ordinance, as amended,[6] may be proposed within the required common open space. Such delineation shall be acceptable to the East Hempfield Township Board of Supervisors if it complies with the following:

Located and designed so that safe and convenient access shall be provided to all existing and proposed residents of the development. Additionally, each site shall have at least one area available for vehicular access that is no less than 24 feet in width.

Sized and configured to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided to accommodate, where practicable, ball fields, sport courts, and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility.

Have suitable topography and soil conditions for use and development as active play areas. No more than 50% of the open space area shall be comprised of floodplains, stormwater management facilities and/or slopes exceeding 15%.

Located and designed to conveniently access public utilities; however, no part of any overhead utility easement, nor any above-ground protrusion of an underground utility, should be permitted in active play areas of the site.

No part of the site shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated herein.

Shall comply with any applicable design, orientation, size and location guidelines listed in the East Hempfield Township Parks and Recreation Plan for its particular neighborhood.

Required open space shall be in addition to any dedicated parklands and/or fees in lieu, as required in the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

Editor's Note: See Ch. 265, Subdivision and Land Development.

Walking/bicycle paths: All walking/bicycle paths shall be all-weather materials, durable surface and a minimum of six feet wide. Such paths shall count towards the required parkland required by the East Hempfield Township Subdivision and Land Development Ordinance, as amended. Where such paths intersect streets, they shall include aprons for access by disabled persons. The path crossing the cartway shall be of distinct materials (e.g., cobblestone, pressed concrete, brick or macadam) and color to present a visual and tire rumble indication that the pathway is present. All portions of this section shall be designed in accordance with the standards contained in the latest version of the Pennsylvania Universal Accessibility Standards.

Required mix of uses: All cluster developments shall contain at least two housing types. Any one type must be at least 10% of the total number of dwelling units in the development.

Open space requirements: All plans shall provide a minimum of 20% of the gross lot area in the required common open space. This does not include the required parkland as required in the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

Lot design standards.

For cluster developments creating subdivided lots, the following table sets forth applicable lot size, width and coverage design standards to be applied to the various dwelling types and their respective lots:

Lot Design Standards
Dwelling Type	Minimum Lot Area (square feet)	Minimum Lot Width at Building Frontage (feet)	Maximum Lot Coverage
Single-family detached	6,000	40	65%
Single-family semidetached	4,500	35	70%
Townhouse	2,000	25	70%
Multifamily	1,500 per dwelling unit	50	70%

For cluster developments that include a condominium or planned community which creates individual units that are not subdivided lots, then no individual lot design standards apply. However, in such instance, the overall developable tract shall have a minimum lot area in accordance with § 270-5.2P(2)(b); minimum lot width in accordance with the applicable Zoning District; and maximum lot coverage not to exceed 70%.

Minimum setback requirements for principal structures: The following table sets forth permitted minimum yard setbacks for principal structures and accessory uses:

Front: 10 feet.

Side: five feet; accessory uses: five feet.

Rear: 25 feet; accessory uses: five feet.

For cluster developments not creating subdivided lots, front: 12 feet (measured from edge of road right-of-way/easement to building line).

(k)

Maximum building height:

Single-family detached dwelling: 35 feet.

Single-family semidetached dwelling: 35 feet.

Townhouses and multifamily dwellings: 35 feet.

Accessory uses: 20 feet.

(l)

Connectivity: All cluster developments shall provide for a complete system of streets, sidewalks, trails, and/or linear parks that connect with adjoining facilities and neighborhoods.

(m)

Minimum building separation (for cluster developments not creating subdivided lots): 15 feet between buildings.

Wireless facilities.

General and specific requirements for wireless facilities. The following regulations shall apply to all WF:

Noncommercial usage exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 270-5.2Q(1). For residential uses, the following types of antennas may be installed:

Satellite dishes up to two feet in diameter.

Traditional television or radio antennas up to five feet in height above the highest point of the roof used solely for household television and/or radio reception.

No more than one shortwave, citizens' band (CB), or ham radio antenna up to 15 feet in height to be located in the rear yard only.

Prohibited on certain structures. No WF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, townhomes, multifamily dwellings, or any residential accessory structure.

Airport Hazard Overlay Zone. All WFs located within the Airport Hazard Overlay (AHO) Zone shall comply with all applicable regulations of § 270-3.16 of the Township Zoning Ordinance.

Standard of care. All WFs shall be designed, constructed, operated, maintained repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code (NESC), National Electrical Code (NEC), the Pennsylvania Uniform Construction Code (UCC), and the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors (NATE), as applicable. All WFs shall always be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Township.

Design regulations.

Wind and ice. All WFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TLA-222, as amended).

Stealth design. All WFs shall employ stealth design and be treated to match the wireless support structure to minimize aesthetic impact. The application of the camouflaging utilized by the WF applicant shall be subject to the approval of the Township.

Aviation safety. All WFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. WFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Small cell WF design standards. All small cell WFs shall be designed and maintained in compliance with the following aesthetic standards:

All small cell WFs shall be installed in and maintained in a workmanlike manner in compliance with the National Electric Safety Code and the National Electrical Code, as applicable.

All small cell WFs in the ROW shall comply with the Americans with Disabilities Act (ADA) guidelines adopted by the Township and all applicable requirements relating to streets and sidewalks as established by Chapter 222 of the Township Code.

Utility poles shall not obstruct vehicular, pedestrian, or cyclist traffic or sight lines in an unsafe manner.

All small cell WFs shall comply with all applicable federal and state standards regarding pedestrian access and movement.

All small cell WFs shall be designed and constructed in an effort to minimize aesthetic impact to the extent technically feasible.

No small cell WFs shall be permitted on an existing decorative pole.

All pole-top small cell WFs shall be flush-mounted as closely to the top of the utility pole or municipal pole as technically feasible.

All small cell WFs mounted on a lateral standoff bracket shall protrude no more than necessary to meet required NESC clearances.

All wireless accessory equipment shall be mounted flush to the side of a utility pole or a municipal pole, or as near flush to the side of a utility pole or a municipal pole as technically feasible.

All wireless accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.

Exposed wiring is prohibited on any small cell WF. All wiring associated with a small cell WF shall be contained within conduit or U-guard that is flush-mounted to the utility pole or the municipal pole. Any conduit or U-guard shall be of a color that matches the utility pole or the municipal pole to which the small cell WF is attached. Loops of excess wiring shall not be attached to any small cell WF, utility pole, or municipal pole.

The maximum height of any small cell WF shall be: 1) no more than 10% taller than the tallest adjacent structures, which shall include utility poles and municipal poles in the ROW, within a two-hundred-fifty-foot radius of the proposed small cell WF, or 2) 50 feet above ground level, whichever is greater.

Any replacement utility pole or municipal pole shall be placed within a five-foot radius of the existing utility pole or municipal pole being replaced.

[n]

Any new utility pole or any new municipal pole shall be installed in accordance with the predominant pattern of existing adjacent utility poles, municipal poles and structures.

Radio frequency emissions. A WF shall not, by itself or in conjunction with other WFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such WF shall submit proof of compliance with all applicable radio frequency emissions standards to the Township on an annual basis. If a violation of the aforementioned radio frequency emissions standards is found, the Township may require, upon notice by the owner of the WF that the violation has been cured, independent verification by a third-party inspector at the cost of the owner of the WF.

Removal and replacement.

The removal and replacement of WFs and/or wireless accessory equipment for the purpose of upgrading or repairing the WF is permitted, so long as such repair or upgrade does not substantially change the overall height of the WF, constitute a substantial change, or increase the number of antennas.

Any substantial change to a WF shall require new authorizations, approvals and permits as determined by the Township Zoning Officer.

In the event that use of a WF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WFs, or portions of WFs, shall be removed as follows:

All abandoned or unused WFs and wireless accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WF or wireless accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WF or the owner of the property.

Inspection. The Township reserves the right to inspect any WF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Insurance. Each person that owns or operates a macrocell WF shall provide the Township with a certificate of insurance on an annual basis, evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence, property damage coverage in the minimum amount of $5,000,000 per occurrence, and environmental impairment liability coverage in the minimum amount of $5,000,000 per occurrence covering the macrocell WF. Each person that owns or operates a small cell WF shall provide the Township with a certificate of insurance on an annual basis, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence, property damage coverage in the minimum amount of $1,000,000 per occurrence, and environmental impairment liability coverage in the minimum amount of $1,000,000 per occurrence covering each small cell WF. Each person that owns or operates a macrocell WF or small cell WF shall have the option to self-insure.

Indemnification. Each person that owns or operates a WF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WF. Each person that owns or operates a WF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. Notwithstanding the foregoing, the obligation to indemnify, hold harmless and defend shall not apply to claims arising from gross negligence by the Township or its contractors.

(k)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

All WFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the WF to promote the safety and security of the Township's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(l)

Noise. All WFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Chapter 170 of the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(m)

Substantially change or substantial change. Collocated WFs that propose to substantially change a macrocell WF or wireless support structure or that constitute a substantial change are subject to the following conditions:

The total height of any wireless support structure and mounted WF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

In accordance with industry standards, all WF applicants must submit documentation to the Township justifying the total height of the WF. Such documentation shall be analyzed on an individual basis.

If the WF applicant proposes to locate the wireless accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence not to exceed eight feet in height shall completely surround the WF and its associated wireless equipment compound. Such fence shall not utilize barbed wire. Vehicular access to the wireless equipment compound shall not interfere with the parking or vehicular circulations on the site for the principal use.

All WFs and their associated wireless equipment compounds shall also be screened from view in compliance with the requirements of Chapter 265, Subdivision and Land Development of the Township Code and § 270-4.13 of the Township Zoning Ordinance.

(n)

Permit required. Prior to the construction of any new WF, the WF applicant must obtain approval from the Township Zoning Officer and Building Code Official. The permit application shall include the following:

The name, address and phone number of the person preparing the WF permit applicant;

The postal address and/or coordinates of the proposed site;

The location, size and total height of the proposed WF;

The number, type and model of the WF(s) proposed;

(o)

Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the permit application for approval of a WF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established as part of the Township fee schedule.

In addition to the requirements in § 270-5.2Q(1) above, the following regulations shall apply to all wireless facilities to be located outside of the ROW:

Collocation. Collocation of WFs, to include small cell WFs, on existing macrocell WFs and existing wireless support structures that do not substantially change the existing macrocell WF or existing wireless support structure and does not constitute a substantial change is encouraged and shall be a permitted use in all zoning districts to include the ROW, even if the existing macrocell WF or existing wireless support structure does not comply with the requirements of this § 270-5.2Q, pursuant to the requirements of the WBCA.

Setbacks. Collocation of WFs are exempt from separation distances established for WFs.

Building permit required. WFs that meet the requirements for collocation shall require a permit from the Township. The WF applicant shall submit to the Township a written and a digital copy of the permit application, plans, and any associated documentation on the form supplied by the Township and shall follow the Township Zoning Ordinance's and the Township Building Code's permit procedures.

Timing of approval. Within 90 days of receipt of a complete application for a collocated WF on a pre-existing macrocell WF or wireless support structure, the Township shall make a final decision on whether to approve the application and shall notify the WF applicant in writing of such decision.

The following regulations shall apply to all small cell wireless facilities and macrocell wireless facilities outside the ROW:

Permitted use. Small cell WFs and macrocell WFs are permitted by right outside the ROW on municipal property in any zoning district. Applicants for such WFs shall be required to obtain authorization from the Township granting the use of the municipal property for the proposed WF. Such authorization shall be submitted as part of the application for the proposed WF.

Special exception required. The following zoning districts permit small cell WFs requiring the installation of a new wireless support structure and macrocell WFs as uses by special exception:

Agriculture (A) Zone.

Rural Business (RB) Zone.

Mineral Extraction (ME) Zone.

Low-Density Residential Zone (RL).

Medium-Density Residential Zone (RM).

Village Residential Zone (VR).

Village Center Zone (VC).

Community Business Center (CBC) Zone.

Regional Commerce Center (RCC) Zone.

Campus (C) Zone.

Enterprise (E) Zone.

Recreation/Open Space (ROS).

Agriculture Holding Zone (AH).

Development regulations.

To the extent technically feasible, any proposed WF and any proposed wireless support structure shall be designed structurally, electrically, and in all respects to accommodate both the proposed WF, wireless equipment and wireless accessory equipment and comparable WFs, wireless equipment and wireless accessory equipment for future users.

Any WFs and wireless support structures over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

Wireless accessory equipment. Either one single-story wireless equipment building not exceeding 500 square feet in area or its equivalent, housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing commercial communications antenna space on the macrocell WF regardless of the number of unrelated companies sharing commercial space on the macrocell WF. The total area for all equipment buildings shall not exceed 2,000 square feet. All wireless accessory equipment, utility buildings and associated accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to the macrocell WF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WF owner shall present documentation to the Township that the property owner has granted an easement for the proposed macrocell WF and that the associated access road, turnaround space and parking is part of the easement granted.

Engineer certification. All plans and drawings for a WF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Fencing and screening. WFs, wireless support structures and wireless accessory equipment outside the ROW shall provide fencing and screening according to the following:

A security fence having a height not to exceed eight feet shall completely surround any small cell WF, macrocell WF, wireless support structure and wireless accessory equipment located outside the public rights-of-way, as well as guy wires, or any building housing wireless accessory equipment. Such fence shall not utilize barbed wire;

A screen of evergreen trees planted eight feet on center, each at least four feet in height, shall surround any small cell WF, macrocell WF, wireless support structure, wireless accessory equipment and security fence. Existing vegetation shall be preserved to the maximum extent possible; and

[iii]

Any fencing and/or screening shall comply with the requirements of Chapter 265, Subdivision and Land Development, of the Township Code and § 270-4.13 of the Township Zoning Ordinance.

Height. Macrocell WFs shall be designed and kept at the minimum functional height. The maximum total height, to include future collocations that constitute a substantial change, of a macrocell WF, which is not located in the public ROW, shall not exceed 125 feet, as measured from the average finished grade, measured six feet away from the foundation or base to the highest point on the structure vertically, which shall include antennas and subsequent alterations and collocations. No WF applicant shall have the right under these regulations to erect a macrocell WF to the maximum height specified in this section unless it proves the necessity for such height. The WF applicant shall prove that the macrocell WF's proposed height is the minimum height necessary for the service area.

Lighting. No WF shall be artificially lighted, except as required by law. If lighting is required, the WF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. In the event of an outage or malfunction, the WF applicant shall promptly repair or replace any required lighting as required by law.

Parking. All small cell WFs and macrocell WFs not located in the public ROW shall comply with the off-street parking requirements in Article 8 of this chapter.

Signs. All small cell WFs and macrocell WFs shall post a sign in a readily visible location identifying the respective WF and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on small cell WFs and macrocell WFs shall be those required by the FCC, or any other federal or state agency.

Surrounding environs.

The WF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to any proposed small cell WF, macrocell WF and wireless support structure shall be preserved to the maximum extent possible.

If construction of any proposed small cell WF or macrocell WF will involve ground disturbance, the WF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications for the foundation of the respective small cell WF or macrocell WF, and anchors for guy wires, if used.

Municipal and public property. To the extent permitted by federal and state law, WF applicants proposing small cell WFs or macrocell WFs outside of the public ROW shall first seek to locate small cell WFs and macrocell WFs on municipal property or public property. If municipal property or public property are not feasible siting options to provide coverage or capacity to the necessary area, private property may be utilized.

Sole use on a lot. A small cell WF or a macrocell WF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district. The minimum distance between the base of a small cell WF or a macrocell WF and the adjoining property line or the street right-of-way line on the same lot shall be no less than 110% of the proposed small cell WF or macrocell WF structure's height, unless the WF applicant proves to the satisfaction of the Zoning Hearing Board that the proposed small cell WF or macrocell WF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

[n]

Combined with another use. A small cell WF or a macrocell WF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the small cell WF or macrocell WF.

No small cell WF or macrocell WF shall be located on a lot with a lawful nonconforming use.

[iii]

Minimum lot area. The lot shall comply with the minimum requirements for the applicable zoning district and shall be the area needed to accommodate the small cell WF or macrocell WF, to include guy wires, the equipment building, security fence, and buffer planting if the proposed WF is greater than 40 feet in height.

[iv]

Minimum setbacks. The minimum distance between the base of the small cell WF or macrocell WF and any adjoining property line, street right-of-way line, or structure or building on the same lot shall be no less than 110% of the proposed small cell WF or macrocell WF structure's height, unless the applicant proves to the satisfaction of the Zoning Hearing Board that the proposed small cell WF or macrocell WF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

Restoration. Any lawful nonconforming small cell WF or macrocell WF hereafter which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause may be repaired and reconstructed in the same location, provided that:

The reconstructed small cell WF or macrocell WF shall not exceed the height, area, or volume of the damaged or destroyed small cell WF or macrocell WF, and such repaired or reconstructed small cell WF or macrocell WF shall not increase any dimensional nonconformities; and

Repair or reconstruction must begin within one year from the date of damage or destruction, and shall be carried on without interruption; and

The repair or reconstruction must comply with the applicable building code in effect at the time of repair or reconstruction.

Timing of approval.

Small cell WF.

For an initial application for a small cell WF, the Township shall notify the WF applicant that the application is materially incomplete in writing on or before the 10th day after submission. Such notice shall clearly and specifically identify the missing documents or information. The shot clock date calculation shall restart at zero on the date on which the WF applicant submits all the documents and information identified by the Township to render the application complete.

Within 90 days of receipt of a complete application for a small cell WF that requires the installation of a new wireless support structure, the Township shall make a final decision on whether to approve the application, shall notify the WF applicant in writing of such decision, and, if approved, shall issue all required authorizations.

Macrocell WF.

For an initial application for a macrocell WF, the Township shall notify the WF applicant in writing on or before the 30th day after submission that the application is materially incomplete. Such notice shall clearly and specifically identify the missing documents or information. Such notice shall toll the shot clock until the WF applicant submits all documents and information identified by the Township to render the application complete.

Within 150 days of receipt of a complete application for a macrocell WF, the Township shall make a final decision on whether to approve the application and shall notify the WF applicant in writing of such decision.

Zoning Hearing Board approval. Prior to the construction of a new small cell WF or a new macrocell WF, the WF applicant must obtain approval from the Township Zoning Hearing Board. The Zoning Hearing Board application must show compliance with all general requirements for WFs and compliance with all the following requirements:

The name, address and phone number of the person preparing the Zoning Hearing Board application;

The postal address and/or coordinates of the proposed site;

The location, size and total height of the proposed small cell WF or macrocell WF;

The number, type and model of the antenna(s) proposed;

The make, model, type and manufacturer of the proposed wireless support structure, if applicable;

A site plan describing all proposed equipment relating to the small cell WF or macrocell WF;

Certification that the radio frequency (RF) emissions levels of the proposed small cell WF or macrocell WF will be, at the time of activation and throughout the life of the small cell WF or macrocell WF, in compliance with the standards promulgated by the FCC;

Identify the small cell WF's or macrocell WF's location on the property that is not owned by the WF applicant or owned, maintained, or controlled by the Township (the WF applicant must provide the Township with documentation that the owner of the property has granted an easement, if necessary);

A sealed and signed certification by a structural engineer, licensed in the Commonwealth of Pennsylvania, of the proposed small cell WF's or macrocell WF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure; and

If the WF applicant is proposing the construction of a new wireless support structure for the purpose of supporting a WF, the WF applicant shall demonstrate that the proposed WF cannot be collocated on an existing wireless support structure or sited on municipal property or public property. The Zoning Hearing Board may deny an application to construct a new wireless support structure if the WF applicant has not made a good faith effort to collocate the WF on an existing wireless support structure. The WF applicant shall provide proof that it contacted the owners of all tall structures, buildings, and wireless support structures within a two-hundred-fifty-foot radius of the site proposed, sought permission to install the WF on those structures, buildings, and wireless support structures and was denied for one of the following reasons:

The proposed WF and wireless accessory equipment would exceed the structural capacity of the existing building, structure or wireless support structure, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed WF and wireless accessory equipment would cause radio frequency interference with other existing WFs and other equipment for that existing building, structure, or wireless support structure and the interference cannot be prevented at a reasonable cost.

[iii]

Such existing wireless support structures do not have adequate location, space, access, or height to accommodate the proposed WF and wireless accessory equipment or to allow it to perform its intended function.

[iv]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or wireless support structure.

Upon submission of an application for a small cell WF or a macrocell WF and the scheduling of the public hearing upon the application, the WF applicant shall send via first-class mail and certified, return receipt requested, mail notice to all property owners within 500 feet of the subject property where the small cell WF or macrocell WF will be located. The WF applicant shall provide proof of the notification to the Township Zoning Hearing Board along with the list of return receipts received.

Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a small cell WF or a macrocell WF, it shall be incumbent upon the WF applicant for such special exception approval to prove to the reasonable satisfaction of the Zoning Hearing Board that the WF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other WFs installed on existing wireless support structures, such as municipal poles or utility poles or their appurtenances and other available structures. The WF applicant shall further demonstrate that the proposed small cell WF or macrocell WF must be located where it is proposed to serve the WF applicant's service area and that no other viable, less-intrusive alternative location exists.

The Zoning Hearing Board application shall be accompanied by a propagation study evidencing the need for the proposed small cell WF, macrocell WF or other WF and wireless equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WF applicant, the power in watts at which the WF applicant transmits, and any relevant related tests conducted by the WF applicant in determining the need for the proposed site and installation. The WF applicant shall not be required by the Township to disclose any confidential or proprietary information as part of the propagation study.

[n]

The Zoning Hearing Board application shall also be accompanied by documentation demonstrating that the proposed small cell WF or macrocell WF complies with all state and federal laws and regulations concerning aviation safety.

[o]

Where the small cell WF or macrocell WF is located on a property that is not owned by the WF applicant, the WF applicant shall present documentation to the Zoning Hearing Board that the owner of the property has granted permission for the installation of the small cell WF or macrocell WF and also granted an easement, if necessary, for the proposed small cell WF or macrocell WF and that vehicular access will be provided to the small cell WF or macrocell WF.

[p]

Engineer inspection. The WF applicant shall provide as part of the Zoning Hearing Board application a signed and sealed certification from a structural engineer licensed in the Commonwealth of Pennsylvania of the proposed small cell WF's or macrocell WF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure.

[q]

Collocation. As a condition of approval for all small cell WFs or macrocell WFs, the WF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other Wireless Service Providers to collocate WFs on the proposed small cell WF or macrocell WF, where technically feasible. To the extent permissible under state and federal law, the owner of a small cell WF or macrocell WF shall not collocate any additional WFs without obtaining the prior written approval from the Township Zoning Officer.

[r]

FCC license. Each person that owns or operates a WF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the WF, as a condition of Zoning Hearing Board approval for any small cell WF or macrocell WF.

[s]

Visual appearance and land use compatibility. All small cell WFs and all macrocell WFs, wireless support structures, and wireless accessory equipment shall employ stealth design which may include the wireless support structure portion to be painted brown or another color approved by the Zoning Hearing Board or shall have a galvanized finish. All small cell WFs, macrocell WFs, wireless support structures, and wireless accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[t]

Documentation demonstrating the proposed small cell WF or macrocell WF will comply with all applicable provisions of this chapter.

In addition to the requirements of § 270-5.2Q(1) and (2), the following regulations shall apply to all WFs located within the public rights-of-way.

Administrative approval. Wireless facilities located in the public ROW that meet the definition of a small cell WF shall be permitted uses in all zoning districts.

Time, place, and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small cell WFs in the ROW based on public safety, traffic management, physical burden on the ROW, 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 Code.

Equipment location. WFs and wireless accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

For pole-mounted WFs, all wireless accessory equipment shall be housed within the pole, unless the applicant shows to the satisfaction of the Township that housing the wireless accessory equipment within the pole is not technically feasible.

Pole-mounted wireless accessory equipment shall have at least 12 feet of ground clearance. If pole-mounted wireless accessory equipment faces the street, it shall have at least 16 feet of ground clearance to accommodate vehicular traffic.

In no case shall ground-mounted wireless accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, four feet of the edge of the cartway or within an easement on a privately owned lot.

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

Any graffiti on the WF, the wireless support structure or on any wireless accessory equipment shall be removed at the sole expense of the owner within 30 days of notification from the Township.

Any underground vaults related to WFs shall be reviewed and approved by the Township.

Design regulations.

WF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

WFs shall employ the most current stealth technology available to blend into the surrounding environment appropriately and minimize aesthetic impact.

WFs and pole-mounted wireless accessory equipment shall be treated to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the wireless support structure upon which they are mounted.

To the extent permissible under state and federal law, any height extensions to a WF shall require prior approval of the Township, and the overall height of the WF or wireless support structure shall not exceed 40 feet.

To the extent technically feasible, any proposed WF or wireless support structure shall be designed structurally, electrically, and in all respects to accommodate both the proposed WF, wireless equipment, and wireless accessory equipment and comparable WFs, wireless equipment, and wireless accessory equipment for future users.

Any new wireless support structure associated with a WF shall be of a comparable color and design to nearby utility poles.

Relocations or removal of wireless facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WF 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:

The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

The operations of the Township or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

Reimbursement for ROW use. In addition to permit fees as described in this section, every WF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each WF 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.

Separation distance. WFs shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground, unless the WF applicant proves to the satisfaction of the Township that installing its facility in such a location is necessary to provide coverage or capacity and that no other feasible alternative exists.

Community rehabilitation facilities.

The maximum number of clients to be served at the facility shall be six.

The applicant shall provide a detailed description of the proposed use, including, but not limited to, number of clients to be served at the facility, the nature of clients to be served, the type of treatment and care to be provided, hours of operation, number of employees and residents, licensing requirements, proposed plan of operation, security measures and supervision for the safety of residents and the community.

The applicant shall provide evidence that the facility is sponsored and operated by an agency or entity that is licensed, registered, or certified by an applicable county, state, or federal program.

The facility shall have twenty-four-hour, on-site supervision by professionals trained to supervise the types of clients to be served by the facility.

All structures shall be located at least 1,000 feet from any lot containing a school, day-care facility, camp, park, playground, and/or public library.

The applicant shall show credible evidence that the use being proposed is in strict conformity with all local, county, state, and federal guidelines.

Convenience store.

Outside storage of ice machines, rental/sale kiosks, propane tank sales racks, and other similar items are only allowed if kept on the front or side paved sidewalk or walking area of the store, in full view from inside the store.

The store parking lot will be designed to provide movement and unloading of standard delivery trucks without interference with pedestrian or vehicular movements.

The site shall meet the screening requirements of Article 4 and the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

All site lighting shall be designed to reflect downward or inward to the site. Glare from lighting that spills onto local streets or adjacent lots is prohibited.

All structures, to include fuel islands, shall be set back a minimum of 30 feet from the street right-of-way line.

All ventilation equipment associated with fuel storage tanks shall be oriented away from any adjoining residential lot.

All accessory uses shall comply with regulations listed in Article 4 and Article 5 of this chapter.

Correctional facility.

The maximum number of clients to be served at the facility shall be 20.

The applicant shall provide evidence that the facility is sponsored and operated by an agency or entity that is licensed, registered, or certified by an applicable county, state, or federal program.

The facility shall have twenty-four-hour, on-site supervision by professionals trained to supervise the types of clients to be served by the facility.

All structures shall be located at least 1,500 feet from any lot containing a residence, school, day-care facility, camp, church community center, park, playground, and/or public library.

The applicant shall show credible evidence that the use being proposed is in strict conformity with all local, county, state, and federal guidelines.

Day-care services, commercial and family.

All commercial child day-care centers shall be constructed and managed in accordance with Pennsylvania Department of Public Welfare (DPW) requirements as well as all other federal, state, and local regulations.

Shall provide both indoor and outdoor play areas in accordance with DPW requirements, as referenced above.

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.

Passenger "drop-off" and/or "pick-up" 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.

In the RL, RM and VR Zones, day-care businesses, whether utilizing an existing building or constructing a new building, shall be designed to be compatible with the residential character of the surrounding neighborhood. The applicant shall provide a building elevation plan including a landscaping plan that provides evidence of the building's appearance and design compatibility. In the VR Zone, for properties containing multiple buildings that were in existence as of the date of the adoption of the current Zoning Ordinance, an applicant may operate a commercial day-care service while operating other permitted uses on the property as long as the applicant provides a site plan establishing there is adequate parking on the lot to meet the parking requirements for each principal use.

Domestic compost.

The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby lots.

Dormitories.

Shall serve as accessory uses to a primary use including hospitals, institutions and/or elderly care facilities.

Residences shall functionally, physically, and architecturally be integrated with the primary use as well as recreational activity centers.

Such residential buildings shall be grouped together and located near the other campus buildings and uses.

All buildings and parking facilities shall be set back at least 50 feet from all lot lines of the campus property.

Drive-through and drive-in service.

Drive-through services shall only be permitted in the CBC, C and RCC Zones, and only when the primary use fronts on a street classified as an arterial or collector.

The access drives associated with the drive-through or drive-in services shall meet the requirements of the East Hempfield Township Road Ordinance.[7]

Editor's Note: See Ch. 222, Streets and Sidewalks.

On-site stacking lanes shall meet the following requirements:

The lanes shall be located to prevent vehicle back-ups on adjoining streets or the interior drives within a parking lot.

The lanes shall have the following minimum on-site stacking-lane lengths:

Car washes, financial institutions, pharmacies, and professional offices: 100 feet.

Restaurants, food-related services: 120 feet.

The outdoor lighting of the drive-through or drive-in services shall be in accordance with the design standards of the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[8]

Editor's Note: See Ch. 265, Subdivision and Land Development.

An acceptable method for controlling litter shall be implemented.

Drive-through service windows shall be set back a minimum of 100 feet from a residential lot line or residential zone.

Any exterior speaker systems shall be arranged and/or screened to prevent objectionable noise on adjoining lots.

All drive-through uses shall comply with the business operations standard in Article 4.

Farm-based business.

The applicant must provide evidence that the proposed use is important to agricultural operations.

Some examples of farm-based businesses (if suitably sized) include, but need not be limited to:

Sales or repair of agricultural equipment.

Blacksmith shops, furriers.

Butcher shops.

Grain mills.

Processing of locally produced agricultural products.

Veterinary clinics that primarily treat animals from farms, stables, and kennels.

Feed supply, fuel and fertilizer distributors.

Yard waste composting facility.

Bio-digesters and other alternative energy systems.

The farm-based business shall occupy no more than two acres with the exception of a yard waste composting facility farm-based business located in the Agriculture Holding (AH) Zone which shall be allowed to occupy no more than 15 acres. The applicant shall show that the size of the site is the minimum needed to conduct the farm-based business.

The design of a farm-based business shall be governed by the design standards for the E Enterprise Zone as listed in Article 3 of this chapter, except as follows:

The maximum lot coverage shall be 40%.

No part of a farm-based business shall be within 300 feet of any residential zone with the exception of a yard waste composting facility farm-based business located in the Agricultural Holding (AH) Zone which shall be not be within 100 feet of any residential zone.

The length of any on-site access drives 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.

Any outdoor storage of supplies, materials and products shall be screened from adjoining streets and lots. Screening shall be provided in compliance with Article 4 and a farm-based business shall be classified as a business use when applying the landscaped buffer requirements of § 270-4.13A(4)(a). The display of farm equipment for sale shall be excluded from this provision.

Signs shall comply with Article 7 of this chapter.

Farm stand.

Shall not be greater than 600 square feet of retail floor area.

Shall meet parking and sign requirements in Articles 7 and 8.

Shall provide a plan for off-street parking, safe ingress-egress and vehicle circulation.

Vehicles are not permitted to back out directly onto Township and/or state streets.

Shall be located outside the street right-of-way and comply with all setback requirements of the zone in which it is located.

Shall be conducted by the landowner/operator upon an actively farmed site.

AA.

Fences and walls.

Maximum height:

Maximum Fencing/Wall Height
Zone	4 feet	6 feet	10 feet
RB, RL, RM, C, ROS, VR and VC	Front yard	Side or rear yard	Not permitted
A, CBC		Front yard	Side or rear yard
ME, RCC, or E			Any yard

Fences and/or walls governed in this section shall not apply to retaining walls and do not apply to municipal facilities, utilities, and security fencing for necessary building and construction activities.

Location: No fence or wall shall be located within the clear site triangle, as described within the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[9]

[9]

Editor's Note: See Ch. 265, Subdivision and Land Development.

Building Code conflicts: Should conflicts arise between the Building Code and this section, the Building Code shall supersede.

BB.

Garage/yard sales.

Frequency and length of sale:

A landowner and/or occupant may conduct up to two garage/yard sales per year.

No garage or yard sale shall be conducted for a period longer than three consecutive days.

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

Sign requirements shall be in accordance with Article 7, Sign Regulations, herein.

In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, unless allowed under an East Hempfield Township permit.

The conduct of garage sales beyond the extent described herein, on nonresidential lots, represents a commercial business and requires appropriate zoning authorization.

CC.

Golf courses.

In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.

Golf cart paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.

The golf course design shall minimize golf cart path crossings of streets, access drives and driveways. Easily identifiable golf cart paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf cart path crossings of streets, access drives and driveways. Golf cart path crossings shall conform with the following:

Each crossing shall be perpendicular to the traffic movements.

Golf cart path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment.

The required sight distance shall be governed by the East Hempfield Township Road Ordinance.[10]

[10]

Editor's Note: See Ch. 222, Streets and Sidewalks.

The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.

Golf cart path crossings shall be signed warning motorists and pedestrians and golfers.

The surface of the golf cart path shall be brightly painted with angle stripes.

Golf cart path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial street crossing of the tunnel shall comply with PennDOT standards.

All golf course buildings shall be set back 75 feet from any adjoining streets and 100 feet from adjoining residential structures or lots.

Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:

Clubhouse, which may consist of:

Restaurant, snack bar, lounge, and banquet facilities;

Locker and rest rooms;

Pro shop;

Administrative offices;

Golf cart and maintenance equipment storage and service facilities;

Guest lodging for those using the golf course, provided:

No lodging units have separate exterior means of ingress/egress;

All lodging units shall be contained within the main clubhouse; and

Such guest lodging shall have a total occupancy of no more than 20 persons.

Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;

Game rooms, including card tables, billiards, ping-pong, and other similar table games; and

[9]

Baby-sitting rooms and connected fence-enclosed playlots.

Accessory recreation amenities located outside of a building, including:

Driving range, provided that no lighting is utilized;

Practice putting greens;

Swimming pools;

Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;

Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;

Picnic pavilions, picnic tables, park benches, and barbecue pits;

Hiking, biking, horseback riding, and cross-country ski trails; and

Playground equipment and play lot games, including four-square, dodge ball, tetherball, and hopscotch.

Freestanding maintenance equipment and supply buildings and storage yards.

All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and streets.

All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining streets.

DD.

Heavy timber warehouse conversion.

This use is intended to recognize the functional and historic value of the heavy timber warehouses which exist throughout the Township, most heavily concentrated in the Landisville and Salunga areas along the railroad and Harrisburg Pike corridors. Many of these buildings are no longer amenable to industrial use, and the policy and purpose of this conditional use is to encourage preservation of these buildings by allowing their adaptive reuse to the uses described in Subsection DD(2) below in a manner that does not jeopardize the historic status of the building or interfere with surrounding industrial uses.

The conversion of heavy timber warehouses to residential, office or retail use, or a combination thereof, is permitted by conditional use, subject to the following criteria:

Mixed uses consisting of residential, office and/or retail uses shall be permitted on the site or within a building only if the applicant can demonstrate that the proposed combination of uses would be compatible with one another.

The applicant shall demonstrate that it has taken efforts, and shall take such additional precautions as shall be determined by the Board of Supervisors, to protect the health, safety, morals, and welfare of the residents and other occupants of the building from all neighboring railroad or highway traffic or neighboring industrial uses.

All applicable parking requirements shall apply unless the applicant can demonstrate that, because of existing site conditions, the proposed use or other factors, the applicable parking requirements should not apply. In the event the building, or any part thereof, will be used for residential use, the parking requirements shall be one space for each one-bedroom dwelling unit and 1.5 spaces for each two-bedroom dwelling unit.

All off-street parking, loading areas and trash dumpsters shall be screened from adjoining residences.

The applicant shall obtain any necessary land development approvals following the conditional use approval.

The building shall be serviced by public water and sewer.

The applicant may expand the building or construct an additional building on the site, or both, so long as the new improvements are architecturally compatible with the existing building(s) and so long as the improvements do not increase the habitable floor area (in the event of residential use) or functional floor area (for nonresidential use) by more than a factor of two. This provision shall not be construed to authorize or encourage the demolition of any heavy timber warehouses or any portion thereof.

The applicant shall comply with all applicable federal, state and local rehabilitation/historic preservation laws, including all statutes, rules, regulations and guidelines of the National Park Service of the United States Department of the Interior and the Bureau of Historic Preservation of the Pennsylvania Historic and Museum Commission applicable to any heavy timber warehouse.

The Board of Supervisors may approve higher densities than those permitted elsewhere in the Township to allow the feasible reuse of a heavy timber warehouse, provided that the applicant meets the minimum habitable floor area requirements as set forth in the building code in effect at the time of the action by the Board of Supervisors.

EE.

Helicopter pad.

A helicopter pad shall not include auxiliary facilities, such as fueling and maintenance equipment.

The helicopter pad shall be set back a minimum of 300 feet from any residentially zoned lots and any street. In the event the helicopter pad is located on the roof of a building which houses emergency health care services, the minimum setback requirements for the applicable building shall supersede.

The applicant must demonstrate compliance, through written documentation, and must comply with applicable state and federal regulations.

FF.

Historic conversions.

Such conversions shall only be permitted within historic structures, as defined herein.

The applicant shall furnish expert evidence that any alterations, improvements, extensions, additions or other modifications proposed to the historic structure will be accomplished in a manner that does not jeopardize the "historic" status of the structure.

Should an existing farm dwelling within the A Zone be converted to a historic conversion, any replacement dwelling proposed upon the farm would spend one of the permitted dwelling development rights granted by § 270-3.2 of this chapter.

The applicant shall furnish evidence of an approved means of water supply and sewage disposal.

The applicant shall obtain any necessary land development approvals.

All off-street parking and/or loading areas shall be screened from adjoining residences and streets.

One sign shall be permitted which is no larger than nine square feet and is located at least 10 feet from all lot lines.

Historic restaurant conversions shall not involve drive-through nor fast-food restaurant operations, as defined herein, and all restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:

Such seating is situated and designed so as not to be adversely impacted by potential nearby agricultural activities, nor to adversely impact nearby residences;

Such seating is accessory to the principal interior seating accommodations;

During use, such seating is continuously supervised by an employee or owner of the restaurant;

Any lighting or music systems serving such seating is designed and operated so as not to constitute a nuisance to adjoining lots;

The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating; and

Such seating is removed during seasons when not in use.

GG.

Home-based business, impact.

No more than two nonresidents shall be employed by the home-based business, impact, and at least one resident of the dwelling unit must be engaged in the home-based business, impact. In addition, the applicant must reside in the dwelling where the home-based business, impact is to be conducted. A home-based business, impact shall be clearly incidental and secondary to the residential use of the dwelling.

Retail sales of goods must be directly related to the advertised nature of the business. Retail sales accessory to any service provided on the site (such as hair care products sold as an accessory to hair cutting) must relate directly to the service provided.

Shall not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

All activities must be in completely enclosed structures. Exterior storage or display of goods, equipment, or materials is prohibited.

The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less residential are prohibited.

Hazardous substances are prohibited, except at the consumer commodity level.

No more than one vehicle may be used in association with the home occupation. Deliveries or pick-ups of supplies or products may not be made in trucks weighing over 10,000 pounds.

Customers may only visit the site Monday through Saturday during the hours of 7:00 a.m. to 9:00 p.m.

Parking and sign regulations in Articles 7 and 8 shall apply.

The applicant must obtain an occupancy permit. This permit can be revoked by the Zoning Officer if the above standards or any additional Zoning Hearing Board-imposed conditions of use are not complied with.

The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area of the dwelling unit or 500 square feet of gross floor area, whichever is less. No more than one home-based business, impact, is permitted per lot.

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

(13)

The business may not involve any illegal activity.

(14)

In addition to the required parking spaces for the dwelling unit, one parking space per nonresident employee, plus one parking space per potential customer on site at one time, shall be provided and designed in accordance with the provisions found in the East Hempfield Township Subdivision and Land Development Ordinance. All customer and nonresident employee parking spaces shall be off-street parking spaces.

HH.

Home-based business, no-impact.

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

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

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

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

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

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.

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

The business may not involve any illegal activity.

II.

Industrial (light, general, heavy): Shall include manufacturing, warehousing, processing, and wholesale operations. The applicant shall provide a detailed description of the proposed use for any of the following industrial use categories:

Industrial, light:

Such uses do not require frequent deliveries from trucks that require a Class B license to operate. Such deliveries shall be limited to 10 trucks per day.

Such uses will not impact neighboring residents, businesses and/or the natural environment with regards to noise, air pollution, glare, water quality and volume, and waste treatment.

Such uses shall be contained to buildings of 10,000 square feet or less.

Outdoor storage of any materials or products shall not be permitted.

If truck deliveries are required as part of normal business operations, a designated loading space is required.

Industrial, general:

Such uses shall be permitted in zones that encourage nonresidential uses where such uses have the ability to employ workers, utilize streets that have capacity to handle employee, service and delivery vehicles and customer traffic.

Within the Rural Business Zone (RB), a minimum lot size of 10 acres shall be required.

Public water and public sewer shall be required, unless the applicant can demonstrate that for the specific use proposed it is practical and feasible to use on-lot water and/or sewer.

The applicant shall complete a traffic impact study; see regulations in the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[11]

[11]

Editor's Note: See Ch. 265, Subdivision and Land Development.

Such uses shall have direct access onto designated arterial and collector classified streets for business deliveries and employee access.

Such uses do not produce noise and/or air pollutants that exceed normal limits.

Outdoor storage of any materials or products shall be permitted in accordance with provisions of Article 4.

If truck deliveries are required as part of normal business operations, a designated loading space is required.

Industrial, heavy:

The applicant shall complete a traffic impact study; see regulations in the East Hempfield Township Subdivision and Land Development Ordinance, as amended. As part of the TIS, a pavement analysis shall be provided.

Such uses shall provide access drives that have direct access onto designated arterial and collector classified streets for business deliveries and employee access. Notwithstanding the foregoing, where a use is located on a subject property that is located within 1/2 mile of a grade separated interchange of a limited access arterial highway and fronts on a designated arterial or collector classified street, but for safety purposes cannot provide the required access drive directly accessing onto a designated arterial or collector classified street, an access drive shall be permitted to directly access onto another street which, at a minimum, is designed or improved in compliance with the applicable collector street standards for the entire portion of such street which is located between the access drive and nearest intersection with a designated arterial or collector classified street.

Such uses shall comply with state and federal requirements with regard to noise, air and water quality, vibration, stormwater, waste production and disposal, and traffic improvements. The applicant shall provide evidence that impacts generated by the proposed use can be properly mitigated or eliminate anticipated negative impacts.

Outdoor storage of any materials or products shall be permitted in accordance with provisions of Article 4.

Applicant shall submit a report describing the nature of any on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with all state and federal regulations.

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 shall be provided.

The applicant shall list any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use meet or fall within acceptable levels as regulated by applicable state and federal laws and ordinances as well as this chapter.

Business operation standards in Article 4 shall apply to all industrial uses.

Shall meet applicable zone design standards in Article 3.

Industrial uses considered significantly harmful to the natural and/or human environment, local street system, and/or air or water quality shall follow conditional use procedures of this chapter. A conditional use is required if the proposed project meets one or more of the following criteria:

Uses requiring greater than 50 large truck/tractor trailer deliveries per day.

Uses requiring over 100,000 gallons of water per day.

Uses creating or producing hazardous and toxic materials.

Uses requiring over 500,000 square feet of impervious surfaces.

Uses requiring building height over 50 feet.

Uses requiring on-site wastewater treatment and storage facilities, not to include stormwater facilities.

Any use utilizing rail transportation for goods.

JJ.

Kennels.

Regulations herein apply to boarding kennels and breeding kennels. Only boarding kennels are permitted within the CBC Zone.

Within the RB and A Zones, no animal shelter, building, or runway shall be located less than 100 feet from all lot lines. Within the CBC Zone, no animal shelter, building or runway shall be located less than 20 feet from all lot lines.

Within the RB and A Zones, no animals shall be permitted to use outdoor runs that are located within 300 feet of an existing dwelling not located on the same lot as the kennel, from 9:00 p.m. until 7:00 a.m. Within the CBC Zone, no animal shall be permitted to use outdoor runs from 9:00 p.m. until 7:00 a.m., regardless of the proximity of the facility to an existing dwelling.

Within the CBC Zone, no kennel may be located within 500 feet of an existing dwelling or of land located within a residential zoning district.

All runways and outdoor areas to which animals have access shall be completely enclosed by a minimum six-foot-high fence and gate.

The applicant shall furnish evidence of an effective means of animal waste disposal which shall be continuously implemented.

All kennels shall be constructed so that the animals cannot stray from the facility.

Operation of all kennels shall comply with all applicable state and federal regulations and provide proof of such permits, certifications and licenses.

KK.

Legalized gambling establishments.

A legalized gambling establishment shall not be permitted to be located within 1/2 mile of any other such establishment.

No legalized gambling establishment shall be located within 1/2 mile of any residentially zoned land.

No legalized gambling establishment shall be located within 1/2 mile of any parcel of land which contains any one or more of the following specified land uses:

Amusement park.

Camp (for minors' activity).

Community activity building.

Day-care center.

Place of worship.

Museum.

Park, playground or school.

Any other lands where minors congregate.

The distance between any two legalized gambling establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of each establishment. The distance between any legalized gambling establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the establishment to the closest point on the lot line of said land use.

No more than one legalized gambling establishment may be located within one building or shopping center.

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining lots due to hours of operation, light and/or litter, and how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building. A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

Legalized gambling establishments shall comply with all applicable Pennsylvania laws and regulations.

LL.

Mineral extraction, processing, and storage.

As a part of each application, the applicant shall furnish an accurate survey site plan at a scale no less than one inch equals 400 feet, showing the location of the lot or lots of land to be affected by the operation. The surveyed site plan shall be sealed by a registered professional engineer or a registered professional land surveyor and shall include the following:

The boundaries of the proposed affected area, together with drainage area above and below the area of the operation.

The location and names of the types and resources to be extracted or quarried and names of all natural and man-made features such as streams, streets, railroads, and utility lines on or immediately adjacent to the area.

The location of all buildings within 1,000 feet of the lot and the names and addresses of the owners and present occupants, total acreage, names and addresses of adjacent landowners and the location of rights-of-way and easements, abutting and/or adjacent zones and land uses.

The purpose for which each building is used and estimated depth of the proposed operation and land area to be excavated with dimensions.

Proposed alterations to watercourses to assure stream quality and quantity.

Any proposed fencing and landscaping, which must comply with the design standards in Article 4.

A contour map showing cross sections of the proposed mineral extraction area including a detailed hydrogeologic groundwater study based on complete site studies.

The applicant shall obtain any required permit or permits from the Department of Environmental Protection of the Commonwealth of Pennsylvania (PA DEP), or any successor agency thereto, and shall present such permit or permits to the Board of Supervisors.

The applicant shall present duplicate sets of the plans, specifications, applications and supporting data that have been, or shall be, presented to the PA DEP for review to the East Hempfield Township Board of Supervisors. If such use is approved, the operator shall continue to present such documentation to the Township when it is submitted to the PA DEP.

Operation of the facility shall at all times comply with all applicable state and federal statutes and regulations. This shall include, but not be limited to, the Non-Coal Surface Mining Conservation and Reclamation Act, Act of December 19, 1984, P.L. 10993, No. 219, as amended, 52 P.S. § 3301 et seq., or any subsequent amendment or enactment of the Pennsylvania General Assembly regulating mining, and the regulations of the PA DEP implementing such statutes.

A fence measuring eight feet high must enclose the area of the actual mineral extraction, and it shall not be less than 50 feet from the edge of the extraction area excavation. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the quarry, with plantings (which shall be evergreen) at least 36 inches high and placed in a double-staggered row with no more than five feet on center between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. Where adjacent to a residential zone or public right-of-way, trees and shrubs shall be planted which will screen the operation completely from normal view. All screenings and buffers required by Article 4 herein shall be provided.

The applicant shall demonstrate that the water supplies for neighboring lots shall not be adversely affected by the proposed use. In order to fulfill this requirement, the applicant shall submit to the Township Board of Supervisors a hydrogeologic study performed by a qualified hydrogeologist or other similar professional. Such study shall be prepared in accordance with accepted hydrogeological standards and practices; shall contain the sources of all test data, including but not limited to wells evaluated as a part of the study; and shall clearly set forth the conclusions and recommendations of the professional.

The operator shall limit access to the site to those posted times when an attendant is on duty. In order to protect the public health, safety and welfare, access drives shall be secured by fences, locks, gates, and other means to deny access at unauthorized times.

Vehicular access shall be designed as to minimize danger and congestion along adjoining streets and to avoid the creation of nuisances to nearby lots:

Sufficiently long vehicle stacking lanes into the facility shall be provided so that waiting vehicles to be weighed will not back up onto public streets;

All access drives onto the site shall be paved to a cartway width of 35 feet for a distance of at least 200 feet from the street right-of-way line. In addition, a one-hundred-foot-long crushed stone section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may be attached to a vehicle's wheels; and

The facility shall front upon, and gain access from, an arterial or collector street as defined in the East Hempfield Township Road Ordinance.[12]

[12]

Editor's Note: See Ch. 222, Streets and Sidewalks.

The applicant shall provide an analysis, prepared by a registered professional engineer experienced in the field of traffic analysis, of the physical conditions of the primary street system serving the site. A traffic study shall be submitted by the applicant in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended, and the Road Ordinance.[13] If the traffic study demonstrates that improvements to Township or state streets shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make and/or guarantee the cost of such improvements.

[13]

Editor's Note: See Ch. 265, Subdivision and Land Development, and Ch. 222, Streets and Sidewalks, respectively.

The operator shall maintain and make available to the public at its office all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.

The operator shall provide the Township with copies of any notices of violation received from the Pennsylvania Department of Environmental Protection (DEP) or U.S. Environmental Protection Agency within two weeks from the date such notice of violation was received by the operator.

There shall be no operations on Sunday or legal holidays and no operation between 7:00 p.m. and 7:00 a.m. on other days.

(13)

All mining operations shall comply with the following requirements:

Shall not injure or detract from the lawful existing or permitted use of neighboring lots;

Shall not create any damage to the health, safety, or welfare of the Township or its residents or landowners;

Shall not pollute the air in excess of standards set by federal or state statutes or regulations;

Shall not create noises in excess of permitted levels established by federal or state statutes or regulations, or East Hempfield Township ordinances;

Shall not exceed the blasting parameters established by the Pennsylvania Bureau of Mining and Reclamation;

Shall not permit vibrations perceptible as detected by the adjacent or adjoining landowner's natural innate sensory input at any adjoining or adjacent lot in different ownership or at public rights-of-way;

Shall not permit the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or similar substances or conditions which can endanger the health, safety or general welfare of any persons or adjacent lots or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission;

Shall not impede the flow and/or degrade the quality of natural watercourses; and

Shall be conducted in a manner which will not allow water to collect and permit stagnant water to remain within mineral extraction operations or excavations.

(14)

The storage of explosives and blasting agents, the bulk storage of flammable or combustible liquids and the bulk storage of liquefied petroleum gas must comply with the Township's Building Construction Code and all other state and federal regulations applicable to the types of storage stated in this subsection.

(15)

At the time of application, an operations statement shall be submitted which shall include a detailed description of methods for satisfactorily handling operations with respect to the emission of noise, dust, blast, smoke, refuse matter or water, odor, gas, fumes or similar substances or conditions which may endanger the health, safety, or general welfare or which can cause any soiling or staining of persons or property beyond the lot lines. All such operations statements shall be in full compliance with all applicable state and federal statutes and regulations as well as this chapter. All pollution, soil erosion and sedimentation control, and other environmental problems created during the operation including the production, transportation, processing, stockpiling, storage and disposal of products, byproducts and wastes shall be corrected by the operator.

(16)

At the time of application, a reclamation plan shall also be submitted setting forth the following information:

An engineering drawing showing ownership, existing and future topography, streams, existing streets, buildings, boundaries, and legal description of the lot;

A description of the location, type, extent, methods, and time schedule for the operation proposed;

A drawing showing the location and/or proposed relocation of land, trees, buildings, structures, public streets, streams, drainage facilities, and utility lines on the lot or adjacent lots as may require protection, repairs, clearing, demolition or restoration either during or following the completion of the operations proposed; and

A plan for re-use of the land after completion of the operations which shall permit the carrying out of the purposes of this article and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary and which shall comply with all applicable state and federal statutes and regulations governing the reclamation of the proposed facility. Such re-use plan shall comply with the filing requirements of Article 9, Administration and Enforcement.

(17)

As a condition of approval, the operator must certify that after the termination of operations, he must rehabilitate the area to conform to the reclamation plan and all applicable federal and state statutes and regulations.

(18)

Within 90 days after the commencement of mineral extraction operations and each year thereafter, the operator shall file an operations and progress report with the Township Zoning Officer and/or Township Engineer setting forth the following:

The name, address and telephone number of the operator;

The location of the operation with reference to the nearest public street;

A description of the lot or lots, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.;

The name and address of the landowner or his duly authorized representative;

An annual report of the type and quantity of material produced;

The current status of the reclamation work performed pursuant to the approved reclamation plan;

A maintenance report for the site verifying that all required fencing, berm construction and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed; and

Verification that the proposed use continues to comply with all applicable state regulations. The operator shall furnish copies of any approved permits and/or any notices of violations issued by the Pennsylvania Department of Environmental Protection (DEP) to the Township Zoning Officer and/or Township Engineer.

(19)

A five-hundred-foot setback shall be maintained from all lot lines during the operation of the mineral extraction within which quarrying or mining activities, including blasting and stone crushing, shall not be permitted.

(20)

No structures or parking areas shall be located closer than 100 feet to any lot line.

(21)

Waste products or waste containers may be placed within side and rear yards, provided that they are screened from adjoining streets and lots. All such containers shall be set back not less than 100 feet from any adjoining lot. All such containers shall be completely enclosed by a solid fence or wall.

(22)

Where screening, plantings or fencing has been installed, such screening, plantings and fencing shall be permanently maintained. All required plant materials which die shall be promptly replaced in accordance with recognized nursery standards. All fencing shall be maintained in good repair.

MM.

Mobile home parks.

Minimum lot area: two acres.

All mobile home parks shall be served by the appropriate area public water and public sewer authority(s).

Minimum separation of dwelling units within a mobile home park shall be 15 feet.

Maximum residential density: eight dwelling units per acre.

All mobile home parks will have a landscaped buffer strip and shall follow "B" type landscape buffer requirements in accordance with Article 4.

Wherever three or more mobile homes occupy or are intended for occupancy on a single lot, and to which a majority of the dwelling units are three bedrooms or more, at least one common area should be provided for active and passive recreation. Such area shall be at a minimum of 10,000 square feet.

Parking shall be provided in accordance with Article 8, and parking design standards shall be in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[14] Access to all parking spaces shall be limited to interior access drives within the mobile home park. In no case shall access to such parking spaces be provided from adjoining public streets.

[14]

Editor's Note: See Ch. 265, Subdivision and Land Development.

A minimum of 30% of the total lot area of the mobile home park shall be reserved for passive and/or active recreation in addition to any required recreation space as required in the East Hempfield Township Subdivision and Land Development Ordinance.

NN.

(Reserved)

OO.

Motor vehicle sales, leasing and service.

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.

All exterior vehicle storage areas shall meet the screening requirements of Article 4 and the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[15]

[15]

Editor's Note: See Ch. 265, Subdivision and Land Development.

All service and repair activities shall be conducted within a completely enclosed building.

Vehicles may be stored in a horizontal stacked configuration; however, no vehicles shall be located more than 100 feet from an on-site access drive.

All vehicles stored within a parking compound must be operable and have a current inspection sticker.

Within the Rural Business Zone, sales are limited to 15 vehicles for sale on site at any one time, with only seven vehicles on display along a public right-of-way.

The on-site demolishing or dismantling of vehicles for salvage or parts shall be prohibited.

PP.

Nightclubs.

No nightclub shall be located within 1,000 feet of any existing residence or any residentially zoned land.

No nightclub shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

Amusement park.

Camp (for youth activity).

Day-care services, family and commercial.

Community activity building.

Place of worship.

Museum.

Park.

Playground.

School.

Other lands where minors congregate.

All doors at secondary and emergency entrances and exits shall be closed by 10:00 p.m. except during bona fide emergencies.

There shall be no outdoor PA systems.

All activities shall be conducted entirely within the enclosed structure, except the following:

The checking of patrons' identifications;

Valet parking activities; and

Outdoor guest seating on a fully enclosed deck or patio that can be accessed only from within the building except for an emergency exit.

The hours of operation for nightclubs shall be approved by the Zoning Hearing Board at the time of the special exception approval.

When reviewing an application to increase the hours of operation for a particular nightclub, the Zoning Hearing Board shall take into consideration the potential impacts of the use upon adjacent properties, uses, occupancy loads of the use, and the history of past violations of Township ordinances which regulate the operation of the nightclub.

The structure housing the nightclub shall be adequately soundproofed so that the interior noise is not audible beyond the lot line with the doors closed.

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

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

QQ.

Noncommercial keeping of livestock.

General Requirements. Within the A and AH zoning districts, noncommercial keeping of livestock is subject to the following requirements:

All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.

All outdoor pasture/ recreation areas shall be enclosed with fencing to prevent the escape of the livestock; such fencing must be set back at least 10 feet from all property lines, and such fencing shall meet the height requirements of the underlying zoning district.

All livestock waste shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All livestock, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties. Best management practices shall be instituted to prevent erosion and sediment runoff.

The property owner shall exercise suitable control over the livestock and shall not allow a nuisance condition to be created related to excessive noise, dirt, or odor.

Within the A and AH Zones, noncommercial keeping of livestock is subject to the following criteria:

Density requirements. The following lists the maximum livestock densities for the noncommercial keeping of livestock:

Group 1: Livestock whose average adult weight is less than 10 pounds shall be permitted at a density of 12 per one acre, and the maximum number of livestock shall not exceed 50;

Group 2: Livestock whose average adult weight is between 10 and 65 pounds shall be permitted at a density of two per one acre, and the maximum number of livestock shall not exceed 20;

Group 3: Livestock whose average adult weight is greater than 65 pounds shall be permitted at a density of two per one acre, and the maximum number of livestock shall not exceed five.

The keeping of a combination of livestock types (Groups 1, 2 and 3) shall require a density equal to the ratio of the number of livestock, by type. In no case shall a lot contain more than 50 total livestock.

The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock:

Group 1 livestock.

Up to 25 livestock, a ten-foot setback;

Above 25 livestock, a fifteen-foot setback.

Group 2 livestock.

Up to two livestock; a fifteen-foot setback;

Above two livestock; a twenty-five-foot setback.

Group 3 livestock:

Twenty-five feet.

Outdoor play areas.

These areas and activities associated with daily care centers, all educational institutions below college-level, commercial recreation and similar uses shall be in accordance with Pennsylvania Department of Education (DOE) policies, as well as the following. Should conflicts arise between DOE policies and this section, DOE policies shall supersede.

Off-street parking areas shall not be used for outdoor play areas.

No areas shall be located or designed so as to disrupt normal activities of adjoining uses permitted within that zone and/or neighborhood.

The areas shall be enclosed completely by a minimum four-foot-high fence or similar structure.

The areas shall be screened from adjoining residential uses and/or residential zones in accordance with the design standards of the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[16]

[16]

Editor's Note: See Ch. 265, Subdivision and Land Development.

All play areas shall have a landscape plan in accordance with the design standards of the East Hempfield Township Subdivision and Land Development Ordinance as amended.

These play areas shall not include vegetation which is poisonous or thorny.

These play areas shall provide a means of shade, such as shade trees or pavilions.

SS.

Outdoor sport courts (personal).

All personal outdoor sport courts shall include an open mesh permanent fence 10 feet in height and at least 10 feet outside the court playing surface at each end of the court to prevent balls from inadvertently being sent to neighboring properties. Any lighting fixtures shall be arranged to prevent objectionable glare on adjoining lot.

TT.

Pets.

These regulations are designed to prevent the presence of pets from becoming a nuisance or health hazard due to animal waste, diseases, smells or sounds, but also to prevent negligent pet owners from amassing a quantity of animals that results in unsafe or unsanitary conditions.

Working animals that are trained to provide services to humans such as security, guides for the blind, or medical assistance are exempt from these regulations. Proof of pet status as a service animal may be required by the Zoning Officer.

The entire lot must be kept in a safe and sanitary condition.

UU.

Places of worship.

All buildings with a larger footprint than the surrounding dwellings shall be set back at least 100 feet from all residential lot lines.

Parking lot and exterior lighting will be designed as to not interfere with adjacent residential uses, and all lights not needed for safety or security will be turned off by 10:00 p.m. or when the facility is not in use.

Expert evidence shall be provided and controls will be put in place to insure that noise, parking, and traffic will not unreasonably interfere with the surrounding residential uses.

Landscaping shall be provided in accordance with Article 4 and with the East Hempfield Subdivision and Land Development Ordinance, as amended.[17]

[17]

Editor's Note: See Ch. 265, Subdivision and Land Development.

VV.

Private clubs.

No part of the subject property shall be located within 600 feet from any residential dwelling or school.

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

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

The applicant shall provide a property maintenance plan for routine cleanup of litter.

WW.

Recycling facilities.

Operation and regulatory compliance: All principal waste handling facilities for "municipal and residual wastes" shall comply with all state regulations as defined by the Pennsylvania Department of Environmental Protection (DEP).

Treatment compliance: The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations. The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.

Waste processing and treatment: Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

Setback requirements: See appropriate zone design standards.

Access requirements: In order to protect against 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.

Performance standards:

Litter control: Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.

Recycled waste: Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water.

Container storage: These containers shall be stored within a completely enclosed building.

Waste storage and disposal:

All storage of waste shall be indoors in a manner that is leak- and vector-proof.

During normal operation, no more waste shall be stored on the lot than is needed to keep the facility in constant operation; but in no event for more than 72 hours.

A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Township.

Traffic analysis: The applicant shall provide a qualified traffic analysis in accordance with the East Hempfield Township Subdivision and Land Development Ordinance, as amended.[18]

[18]

Editor's Note: See Ch. 265, Subdivision and Land Development.

XX.

Recycling facilities, rural. Recycling facilities, rural, shall be permitted by special exception in the Rural Business Zone (RB) subject to the following requirements:

Recycling shall be limited to excavation materials, including asphalt, concrete, top soil, clean fill, gravel, stone, and other similar materials.

Materials shall only be stored onsite while awaiting processing and/or awaiting transport to be reused or properly disposed of.

A recycling facility, rural, shall only be permitted on properties at least 10 acres in size, and no more than 50% of the property may be used for this purpose.

Landscaping and screening shall be required in accordance with this chapter and the Subdivision and Land Development Ordinance.[19]

[19]

Editor's Note: See Ch. 265, Subdivision and Land Development.

All federal, state, and local environmental regulations and laws must be adhered to.

YY.

Regional commercial sports facilities.

The subject property shall have a minimum lot size of 20 acres and a minimum building size of 300,000 square feet.

The subject property shall be serviced with public water and sewer.

The subject property may contain more than one principal structure. This may include domes for outdoor field and court sports.

The subject property must front on and have access to a collector or arterial street and be within 1/2 mile of an interchange of a limited access highway.

Accessory uses may include, but are not limited to, the following listed uses. All such uses must be accessory to and subordinate to the principal use as a regional commercial sports facility and must be contained within the principal building(s) for the regional commercial sports facility except where noted below. Except as specifically provided below, the total area for each individual accessory use shall be no more than 5% of the total building area. In addition, the total area for accessory uses, excluding the area of the alternative energy sources, shall not exceed, in the aggregate, 35% of the total building area:

Retail sales of goods.

Restaurants including fast food (excluding drive-through service).

Post-secondary schools.

Day-care services.

Food and beverage concessions (may include outdoor, temporary concession facilities).

Medical and dental offices and clinics.

Library.

Auditorium, conference and meeting spaces.

Arcades.

Go-carts, may not exceed 10% of total building area.

(k)

Lodging, may not exceed 10% of total building area.

(l)

Accessory alternative energy sources (may be located outside including on the roof of the principal structures), with no maximum size.

When outdoor lighting of fields is provided, a lighting plan prepared by a qualified professional licensed in the Commonwealth of Pennsylvania must be provided and approved by the Township. All outdoor lighting shall be arranged to restrict glare on adjacent residential lots.

All outdoor lighting for sports activities must be turned off by 11:00 p.m. on weekdays (Monday through Thursday) and 12:00 a.m. on weekends (Friday through Sunday) and holidays and shall remain off until at least 8:00 a.m. the following day. This does not include required building lights or parking lot lights. If the outdoor lighting for an athletic field is located within 100 feet of a residentially zoned lot or a residential use, the outdoor lighting for such sports activities must be turned off by 10:00 p.m. and shall remain off until at least 8:00 a.m. the following day.

Any outdoor public address (PA) systems must follow the regulations in Chapter 170 (Noise Ordinance), and shall be turned off by 10:00 p.m. and must remain off until at least 8:00 a.m. the following day.

Loading facilities shall be provided and clearly marked.

Required parking will be based on the following schedule:

One parking space for each 1,475 square feet of building area and four spaces per each acre of open space, including outdoor sports fields.

There shall be provision for bus parking.

A minimum of one space shall be reserved for emergency vehicles.

Additional parking for peak use periods may be provided in grass overflow parking areas utilizing stabilization products. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot.

Parking for peak periods may also be provided at off-site locations.

ZZ.

Restaurants.

All outdoor seating areas shall be located outside of any street right-of-way.

When sidewalks are used, a clear area must be maintained for the free flow of pedestrians. This area must meet ADA and building code requirements.

A physical barrier of vegetation, curbing, fencing, or other similar material shall be maintained between the seating area and the street or parking area pavement.

Parking requirements are the same as for indoor seating requirements for the principal use or for a similar restaurant use.

AAA.

Schools, K-9, 9-12, post-secondary.

Schools, K-9 shall provide recreation areas.

Passenger drop-off and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

Within the A and RB Zones, schools shall only offer education from kindergarten through grade eight, and no school shall contain more than two acres of lot area.

Within the VC Zone, schools shall include primary and secondary only.

All schools shall follow all Department of Education requirements with regards to site development as well as any other applicable state and federal regulations.

BBB.

Retail sales, rural. Retail sales, rural, shall be permitted by special exception in the Rural Business Zone (RB) subject to the following requirements:

Retail sales areas shall be limited to 10,000 square feet of interior area.

Retail sales shall be limited to agricultural, horticultural, and related products, and products normally associated with building trades.

Retail sales may be combined with wholesale sales when the business meets all requirements for both uses.

When retail sales are combined with wholesale sales, an exterior storage and display area of products up to one acre in area shall be permitted when products are intended for outdoor use, including but not limited to construction materials, construction equipment, landscaping materials, and landscaping equipment.

CCC.

Self-storage facilities.

Off-street parking spaces shall be provided for self-storage facilities according to the schedule listed in Article 8 of this chapter.

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.

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, boats, or recreation vehicles, so long as such external storage area is screened from adjoining residentially zoned lots and adjoining streets, and is located behind the minimum front yard setback line. Such external storage areas shall not be counted toward the maximum building area on the property provided the storage areas are not completely enclosed. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.

All storage shall be kept within an enclosed building except as noted in Subsection BBB(3) above.

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.

A site manager shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances.

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.

Mini-warehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site:

Auctions, commercial wholesale or retail sales, or garage sales.

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

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

The establishment of a transfer and storage business.

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

The applicant shall adequately demonstrate that all mini-warehouses rental and/or use contracts shall specifically prohibit these uses.

Within the Rural Business Zone (RB), the minimum lot size for this use shall be 10 acres and a landscape buffer Type C (requirements detailed in Article 4) shall be provided.

DDD.

Sheds.

Sheds are only allowed within side or rear yards.

All sheds shall be set back at least three feet from lot lines.

All sheds must be made from materials that are compatible with the neighborhood that they will be located within. Re-purposed containers or structures including but not limited to storage portions of trucks or trailers, recreational vehicles, mobile homes, and construction trailers will not be permitted to be used as a shed in any zone except for the A Zone and the ME Zone.

EEE.

Shopping complexes.

Design standards in applicable zones shall apply in addition to the following:

Shopping complexes shall meet the following conditions:

Maximum floor area for retail businesses (except grocery): 25,000 square feet.

Maximum floor area for grocery stores: 65,000 square feet.

The shopping complex shall provide a central pedestrian walkway or green that is accessible from the street and parking area, and shall be landscaped.

Each storefront or building shall be distinctly separated architecturally by, but not limited to, recesses and/or projections from the next storefront. Such design elements shall be designed from ground to roof in order to provide a vertical orientation to the structures.

Visual screening/landscaping in Article 4 shall apply.

The minimum distance between buildings on a lot shall be 30 feet to allow for a twenty-foot fire department access lane and five feet for foundation plantings around each building.

The site shall incorporate pedestrian walkways, parking and pedestrian lighting, benches and other structures into the overall complex. All elements shall be designed in keeping with the architectural character and theme of the shopping complex.

Shall meet parking and sign requirements in Articles 7 and 8.

FFF.

Single-family detached dwellings, agricultural/horticultural operations.

In the Agricultural (A) Zone and in other zones when located on a parcel used for agricultural and/or horticultural operations, the design standard for single-family homes shall be as follows:

One-acre minimum and two-acre maximum. Lot size may increase dependent upon on-lot disposal system suitability as required by the East Hempfield Township On-Lot Disposal System Ordinance.[20]

[20]

Editor's Note: See Ch. 200, Sewers and Sewage Disposal, Art. II, On-Lot Sewage Systems.

For every 20 acres, or a fraction thereof, of contiguous land in single and separate ownership as of the effective date of the East Hempfield Township Zoning Ordinance of 1994, there may be one lot sold or utilized for a single-family dwelling.

For each tract of contiguous land in single ownership that is two acres or more but less than 20 acres, as of the effective date of the East Hempfield Township Zoning Ordinance of 1994, there may be only one lot sold or utilized for a single-family dwelling;

The provisions of Subsection EEE(1)(a), (b), and (c) of this section shall apply to all parcels of land legally existing on the effective date of the East Hempfield Township Zoning Ordinance of 1994. Regardless of size, no tract of land subsequently subdivided from its parent tract shall qualify for additional single-family detached dwellings or lots pursuant to this section. Similarly, any subsequent landowner of any parcel of land legally existing on the effective date of this chapter shall be bound by the actions of previous landowners, in that such current landowner may only subdivide for purposes of additional single-family dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the A Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section.

In the event a tract of land which was not classified as part of the A Zone on the effective date of this chapter is hereafter classified as part of the A Zone, the size and ownership of such tract of land shall be determined as of the effective date of the change in the zoning classification.

GGG.

Single-family detached dwelling, existing historic structures only.

In the Recreation/Open Space Zone (ROS), an existing historic structure, as defined in Article 2, may be used as a single-family dwelling.

HHH.

Swimming and wading pools.

Swimming and wading pools shall be permitted in all zones (excluding ME) in accordance with the following requirements:

Fencing: All swimming pools shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate; however, this does not apply to above-ground pools having a wall measuring four feet in height and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water.

Setbacks: All pools must be set back at least 10 feet from all lot lines.

Pool water discharge. Dechlorinated water may be discharged onto any public street or alley or, preferably, an approved stormwater management facility.

These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.

III.

Two-family conversion.

A single-family detached dwelling may be converted into two dwelling units subject to the following:

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

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

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

The applicant shall obtain any required land development approvals.

Each dwelling unit shall meet all applicable building codes as required.

JJJ.

Vehicle wash, rural. A vehicle washing facility shall be permitted in the Rural Business Zone (RB) subject to the following requirements:

The primary use of the vehicle washing facility shall be for vehicles used for permitted businesses on-site or adjacent sites held in common ownership.

Use of the vehicle washing facility by the public as an accessory business shall be permitted.

Only one automatic wash bay and/or two self-serve wash bays shall be permitted on any one lot.

KKK.

Veterinary hospitals/clinics.

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

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 lot lines.

All pasture and outdoor recreation areas shall be fenced to prevent the escape of animals, with such fencing having a setback of at least 25 feet from all lot lines.

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

The owner/operator of the veterinary hospital or clinic 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.

LLL.

Car wash and detailing.

Facilities within 1,000 feet of a residential property shall limit hours of operation to 7:00 a.m. to 9:00 p.m.;

Outdoor storage of motor vehicles and auto parts is prohibited;

Shall be connected to public water and public sewer;

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent roads On-site traffic circulation aisles and parking areas shall be clearly marked to provide for safe traffic flow and to prevent conflicts between vehicle traffic and pedestrian traffic;

Each washing bay shall provide a one-hundred-foot-long on-site stacking lane;

Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris;

The subject property shall front on an arterial or collector road;

The operation shall provide adequate provisions for the collection and disposal of greases, oils and wastes;

The operation shall employ whisper quiet technology for all vacuum systems;

The operation shall utilize sound dampening technology to reduce drying systems at the exit end of the car wash;

Water from the car wash operation shall not leave the subject property and shall not be permitted to sheet flow from the site or drain into a stormwater conveyance facility;

The facility shall provide a reclaim system, with tanks installed, to collect water used for the car wash operation; and

(13)

For car washes not part of convenience stores, retail sales shall be limited to automotive cleaning supplies and accessories, which could include but not limited to; air fresheners, mobile phone chargers and adapters, window cleaner, etc.

MMM.

Truck stop.

The store parking lot will be designed to provide movement and unloading of standard delivery trucks without interference with pedestrian or vehicular movements.

The site shall meet the screening requirements of Article 4 and the East Hempfield Township Subdivision and Land Development Ordinance, as amended.

All site lighting shall be designed to reflect downward or inward to the site. Glare from lighting that spills onto local streets or adjacent lots is prohibited.

All structures, to include fuel islands, shall be set back a minimum of 30 feet from the street right-of-way line.

All ventilation equipment associated with fuel storage tanks shall be oriented away from any adjoining residential lot.

All truck stops shall be located a minimum of 1,500 feet from a residentially zoned parcel.

NNN.

Drive-through restaurant. Within the CBC, C, E and RCC Zones, drive-through restaurants are permitted by right subject to the following criteria:

The use fronts on a street classified as an arterial or collector.

The access drives associated with the use shall meet the requirements of the East Hempfield Township Road Ordinance.

On-site stacking lanes shall be located to prevent vehicle back-ups on adjoining streets or the interior drives within the parking lot, and the stacking lanes shall have minimum on-site stacking-lane length of 120 feet.

Exterior trash receptacles shall be provided and routinely emptied to prevent the scattering of litter.

All drive-through window lanes shall be clearly designated from the parking lot's interior drives by a curb, landscape island or painted lane.

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

Drive-through service windows shall be set back a minimum distance of 100 feet from a residential lot line or residential zone.

The use shall comply with the business operations standard in Article 4.

OOO.

Heavy equipment sales, service and repair. Within the RCC Zone, heavy equipment sales, service and repair shall be permitted by right subject to the following criteria:

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

Outdoor storage and display of heavy equipment and related components for sale or lease shall be permitted, subject to the buffering and screening requirements in Article 4 and as otherwise provided for in this Subsection OOO.

If the property abuts the Transportation Right-of-Way (TR) Zone, landscape buffering and visual screening/landscaping requirements shall not apply to any outdoor storage and display areas designated for heavy equipment sales and related components.

Outdoor storage areas dedicated to display and storage of heavy equipment for sale or lease shall maintain at least a fifty-foot setback from any residential zone adjoining the use or across a road from the use. The setback area shall be devoted to landscaping and/or appropriate vegetative cover pursuant to Article 4.

All service and repair activities shall be conducted within a completely enclosed building.

Equipment stored or displayed may be kept in a horizontal stacked configuration.

PPP.

Inpatient rehabilitation facilities.

The number of inpatient residents at any one time shall not be greater than one inpatient resident per 270 square feet of gross floor area of the portion of the building being used for the inpatient rehabilitation facility.

The inpatient rehabilitation facility shall be constructed and managed in accordance with Pennsylvania Department of Drug and Alcohol Programs (DDAP) requirements as well as all other applicable federal, state, and local laws.

The operator of the inpatient rehabilitation facility shall be licensed by DDAP and all other applicable licensing agencies with jurisdiction over such facilities. The Township shall be notified in writing within 14 days if any of the operator's licenses expire or are suspended or withdrawn.

The inpatient rehabilitation facility shall have twenty-four hour on-site supervision by professionals trained to supervise the types of residents at the facility.

Prior to the issuance of a zoning permit, the operator of the inpatient rehabilitation facility shall provide to the Township a detailed description of the proposed use, including, but not limited to, the maximum number of residents at any one time; the nature of the conditions for which the residents are being treated and counseled; the types of treatments and care being provided; hours of operation; number of employees on each shift; federal, state, and local licensing requirements; proposed plans for operation and supervision for the safety of the residents and the community; and emergency contact information.

Prior to the issuance of a zoning permit, the operator of the inpatient rehabilitation facility shall provide to the Township a security plan and review the same with the East. Hempfield Township Police Chief on an annual basis.

Any outdoor areas proposed to be used by the residents of an inpatient rehabilitation facility shall be fenced in accordance with § 270-5.2.AA of this chapter.

No inpatient rehabilitation facility may be located within 1,000 linear feet from another inpatient rehabilitation facility.

No inpatient rehabilitation facility may be located within 1,000 linear feet of the closest boundary of any lot containing a school, day-care facility, camp, park playground, or public library.