Township of Lower Southampton, PA Part 14 Use Regulations

§ 27-1401 Applicability of regulations.

[Ord. 558, 9/4/2012]

Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in this part and for the zoning districts so indicated in this chapter.

§ 27-1402 Uses by right, special exception, conditional use; uses not permitted.

[Ord. 558, 9/4/2012]

1. A use listed as a use permitted by right is permitted subject to such requirements as may be specified in this chapter, subject to the requirements of Chapter 22, Subdivision and Land Development, if applicable, and subject to issuance of a zoning permit in accordance with Part 22 of this chapter.

2. A use listed as a use permitted by special exception is permitted, subject to approval by the Zoning Hearing Board, subject to the requirements of Part 23 of this chapter, and subject to such further restrictions as the Zoning Hearing Board may establish.

3. A use listed as a use permitted by conditional use is permitted, subject to approval by the Board of Supervisors, following receipt of a recommendation from the Planning Commission, in accordance with the standards set forth in Part 22 of this chapter, and such further conditions as the Board of Supervisors may impose to ensure the protection of adjacent uses and the health, safety or general welfare.

4. A use not listed as being permitted by right, special exception or conditional use in a particular zoning district is not permitted in that zoning district.

5. Forestry use. Notwithstanding the requirements of Subsection 1 through 4 above, forestry shall be a use permitted by right in every zoning district in the Township, provided that the application for the use shall include a forestry plan and soil conservation plan that meets the standards of the Pennsylvania Department of Environmental Protection and the Bucks County Conservation District, but forestry shall not include the following activities that are specifically exempted from this use:

A. Removal of diseased or dead trees.

B. Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

C. Removal of up to five trees per acre of woodlands per year, not to exceed a total of 25 trees per lot per year or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height (dbh) (4.5 feet above grade), and not covered by the exemptions in Subsection 5A and B above any number of smaller trees.

6. Cellular telecommunications facility. Notwithstanding any other term or provision of this chapter, a cellular telecommunications facility shall be permitted as a conditional use, in accordance with the requirements for such use provided under this part, on any lot or parcel owned or controlled by Lower Southampton Township.

7. Small wireless facilities are regulated in § 27-1403F(6.1) and (6.2) and shall be permitted by right within rights-of-way in all zoning districts in the Township except in areas within zoning districts that are underground districts as defined in § 27-202. Small wireless facilities within the right-of-way and which are also in an underground district shall be permitted by special exception.

[Added by Ord. No. 600, 9/14/2022]

§ 27-1403 Uses subject to other regulation.

[Ord. 558, 9/4/2012; as amended by Ord. 563, 8/14/2013]

Uses permitted by right, by conditional use or by special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, buffers and to such other provisions as are specified in other parts of this chapter. All uses permitted in the Township shall be subject in addition to these regulations to all other applicable Township, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, sewage disposal requirements, water supply regulations, soil erosion and sedimentation control requirements, floodplain regulations, state road regulations, fire protection requirements.

A. Agricultural uses.

(1) Use 1, Agriculture. Tilling of the soil or the keeping or raising of livestock and poultry, provided that:

(a) No stable or enclosure for any animal shall be located on a parcel or lot of less than 10 acres in size or within 150 feet of any property line.

(b) Commercial kennels are not included in this use.

(2) Use 2, Lawn and Garden Center. Greenhouse or nursery; sale of plants, shrubs, trees and associated materials for the growing of plant material.

(a) Minimum lot size: two acres.

B. Residential uses.

(1) Use 3, Single-Family Detached Dwelling. A single detached dwelling unit on an individual lot with private yards on all sides of the house. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings and mobile homes.

(2) Use 4, Two-Family Dwelling. A semidetached dwelling unit having only one wall in common with another dwelling unit, with no more than two dwelling units per structure.

(3) Use 5, Single-Family Attached Dwelling (townhouse). A dwelling unit attached to one or more other dwelling units, all units having separate grade level entrances, and all units being separated from each other by vertical party walls running from grade to roof with no offsets at floor levels, constructed in accordance with the Uniform Construction Code and other ordinances of Lower Southampton Township. Townhouse units shall be arranged such that no row of units shall exceed 160 feet in length with no less than 35 feet of separation between buildings. The front building line of each row shall be staggered in placement so that the frontage of each unit is of varying depth from the units adjacent to it.

(4) Use 6, Multifamily Dwelling (apartment, garden apartment). Dwelling designed and occupied exclusively as a residence and containing two or more dwelling units that may have individual outside entrances or unit entrances from a common entryway.

(5) Use 7, Mobile Home Park.

(a) Definitions. The following definitions shall apply to mobile home park use:

COMMON OPEN SPACE

A parcel or parcels of land, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to experience the rights of the landowner, or other person having a proprietary interest in the land.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. Maximum height of any mobile home cannot exceed 35 feet.

MOBILE HOME PARK

A parcel (or contiguous parcels) of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

(b) Application procedure. An application for development of a lot or parcel of land for mobile home park purposes shall be made and approved or approved as modified before any zoning permit for such use shall be issued. The Lower Southampton Township Subdivision and Land Development Regulations (Chapter 22) shall govern the processing of all applications for mobile park development and is accordingly incorporated herein in its entirety.

(c) Approval. In addition to the requirements contained in Chapter 22, Subdivision and Land Development, an application for preliminary or final approval of a mobile home park shall indicate, by drawings, diagrams, maps, text, affidavit or other legal document, the following:

1) That the parcel or lot for which application is made is held in single and separate ownership.

2) The placement, location and number of mobile home lots and mobile home pads on a layout map of the parcel at a standard engineering scale.

3) The location and dimension of all driveways, pedestrianways, curbs, sidewalks and access roads with notation as to type of impervious cover.

4) The location and dimension of all parking facilities.

5) The location, dimension and arrangement of all areas to be devoted to lawns, buffer strips, screen planting and recreation.

6) Location and dimension of all buildings existing or proposed to be built and all existing tree masses and trees of over eight-inch caliper.

7) Proposed provisions for handling of stormwater drainage, street and on-site lighting, water supply and electrical supply, in the form of written and diagrammatic analysis with calculations and conclusions prepared by a registered professional engineer.

8) Proposed provisions for treatment of sanitary sewage together with proof that the treatment and disposal of such sewage meets with and has the approval of the agency of the commonwealth having jurisdiction over such matters, consistent with the Township Act 537 Sewage Facilities Plan.

9) Grading plan of entire lot based on field-run topography survey, minimum two-foot contour interval.

10) Collection of solid waste refuse, trash, etc., including location of collection points, description of refuse units, method of planting or other screening, and schedule of collection times.

(d) Access. Provisions shall be made for safe and efficient circulation to and from public street and highways serving the mobile home park development without causing interference or confusion with the normal traffic flow.

(e) Site drainage requirements. The ground surface on all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner in accordance with Chapter 22, Subdivision and Land Development, and Chapter 17, Stormwater Management.

(f) Mobile home park street system. All streets shall be constructed in accordance with the Township specifications applicable to public streets in conventional residential developments under Chapter 22, Subdivision and Land Development.

(g) Community building. A mobile home park shall permit one community building, which shall conform to the requirements of this part. The community building may contain a management office, common amenities, meeting rooms or any other community purpose use not inconsistent with this part.

(h) Area and density regulations.

1) A mobile home park shall have an area of not less than 20 contiguous acres of land.

2) There shall be not more than five mobile homes or other structures per net acre, being the maximum density permitted on the buildable portion of the lot as determined by this chapter and Chapter 22, Subdivision and Land Development.

3) There shall be no mobile home unit or structure within 15 feet from any other mobile home and no mobile home within 15 feet from any other structure, porch, patio, roof, deck or additional building or construction of any nature whatsoever. No mobile home shall be less than 25 feet from the curbline.

4) At least 20% of the remaining gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as common open space for the use and enjoyment of the residents of the mobile home park. Such common open space shall be substantially free of structures except for those designed for recreational purposes.

5) Buffered setbacks of at least 50 feet shall be established along all borders of the property. Buffer plantings shall be installed in accordance with Chapter 22, Subdivision and Land Development.

6) Impervious surface ratio. No more than 35% of the total lot area shall be covered with impervious surface.

7) Off-street parking areas and walks. Off-street parking for at least two motor vehicles shall be provided at each mobile home sit and shall be designed in accordance with the requirements contained in Chapter 22, Subdivision and Land Development. Off-site common parking areas may be provided in lieu of parking slots at each mobile home site, but in such case parking slots shall be provided at the ratio of two slots for each mobile home site not equipped with on-site parking.

a) Additional parking spaces for vehicles of nonresidents shall be provided at the rate of four spaces for each 10 units. Such parking spaces may be provided, either:

(i) On street, on one side only; in which case the road-width requirements shall be increased by adding seven feet to the paved width.

(ii) By providing sufficient additional off-street parking spaces. In the event that such additional parking spaces are provided off street, then parking shall be prohibited on internal roads, and it shall be the duty of the owner or operator of the mobile home park to enforce this provision.

b) Fire protection. Adequate fire protection measures, including fire hydrants, shall be provided in accordance with the Township Fire Code.

c) Public utilities, stormwater management. Each mobile home park shall connect to public utility facilities in accordance with Township requirements and shall provide for the proper management of stormwater and erosion and sedimentation control in accordance with relevant Township ordinances.

d) Landscaping. All landscaping requirements contained in Chapter 22, Subdivision and Land Development, shall be applicable to mobile home parks under this part.

(i) Permits required. It shall be unlawful for any person to construct, alter or extend or operate a mobile home park within Lower Southampton Township unless and until he obtains a permit issued by the Lower Southampton Township Zoning Officer in the name of the operator, which shall not be issued until a copy of the Health Department permit has been furnished, all permits for water supply and sewage systems have been obtained, and all other requirements contained herein have been complied with, and final approval of the application has been granted by the Board of Supervisors.

(j) Fees. Fees for the initial application and preliminary and final approvals shall be prescribed by resolution by the Board of Supervisors of Lower Southampton Township.

(k) Inspection.

1) Upon notification to the licensee, manager or person in charge of a mobile home park, a representative of Lower Southampton Township may inspect a mobile home park at any reasonable time to determine compliance with this chapter.

2) Upon receipt of the application for annual license and before issuing such annual license, the Zoning Officer or other designated representative of Lower Southampton Township shall make an inspection of the mobile home park to determine compliance with this chapter. The Zoning Officer or other representative shall thereafter notify the licensee of any instances of noncompliance with this part and shall not issue an annual license until the licensee has corrected all such violations.

(l) Maintenance of facilities. The operator and owner shall be responsible for maintaining all common facilities, including but not limited to roads, parking areas, sidewalks or pathways, common open space, water supply and sewage disposal systems, and service building, in a condition of proper repair and maintenance. If upon inspection by a Zoning Officer or other representative it is determined that the mobile home park is not in compliance with this standard of maintenance, the licensee shall be considered to be in violation of this chapter, and the Zoning Officer shall notify the operator or licensee of the particulars of any such violation.

(m) Failure to maintain. The operator and licensee shall thereafter have 30 days in which to correct any such violations; except that, if the violation is determined by the Zoning Officer or other representative to constitute a hazard to the health or safety of the residents of the mobile home park, he shall order that the violation be corrected forthwith.

(n) Responsibilities of the park management.

1) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

2) The park management shall supervise the placement of each mobile home on its home site, which includes securing its stability and installing all utility connections.

3) The park management shall give the Lower Southampton Township Zoning Officer or his designate free access to all mobile home sites, service buildings and other service facilities for the purpose of inspection.

4) The mobile home park operator shall maintain a register of all occupants and shall provide the Township with the name of the owner of each mobile home in the park and notice of the arrival and departure of each mobile home.

5) The person to whom a license for a mobile home park is issued shall be the person responsible for any violations of this chapter and shall be liable for prosecution thereof.

6) The park management shall make provisions so that all park streets shall be maintained in passable condition and snow shall be removed commensurate with Township requirements.

7) A copy of this part and copies of all rules and regulations of the mobile home park management shall be posted at a place accessible to all park occupants.

8) Removal of mobile homes. No mobile home in a mobile home park shall be removed from Lower Southampton Township without first obtaining a permit from the Township Tax Collector, as required by Act 54, 1969, of the Pennsylvania General Assembly.[1] Such permit shall be issued upon payment of a fee to be established from time to time by resolution of the Board of Supervisors and taxes assessed against the home and all occupants thereof remaining unpaid at the time for permit is requested.

[1] Editor's Note: See now 53 Pa.C.S.A. § 8821(d).

9) Revocation or suspension of license. Upon repeated violations by the same permittee, his right to the issuance of a permit or to continue operation under a permit may be suspended for a fixed term or permanently revoked, after notice and hearing, subject to the right of appeal to the Bucks County Court of Common Pleas.

(6) Use 3A, Sober Living Facility. A sober living facility shall only be located in a detached dwelling.

[Added by Ord. 575, 9/28/2016]

C. Religious, educational, recreational and institutional uses.

(1) Use 8, Religious Use. Any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto.

(a) The lot shall have direct access to an arterial or collector street as defined and designated by Township ordinances.

(b) Housing for religious personnel on such lot shall meet the minimum requirements for residential uses.

(c) Day-care and nursery school/kindergarten are permitted as accessory uses to a place of worship.

(d) A minimum lot area of one acre shall be provided.

(2) Use 9, Public, Religious, Sectarian and Nonsectarian, or Private School.

(a) The lot shall have direct access to an arterial or collector street as defined and designated by Township ordinances.

(b) A minimum lot area of two acres is required for any public or private school.

(3) Use 10, Library or Museum. Facility open to the public or connected with a permitted educational use.

(4) Use 11, Public Recreational Facility. A recreational facility owned or operated by the Township, County of Bucks, Commonwealth of Pennsylvania, or the federal government for the purpose of providing outdoor recreation areas, which may include playing fields, natural areas, trails and paths, picnic areas or playgrounds, community centers or other public indoor recreation facilities.

(5) Use 12, Private Club or Lodge, other than a golf course, subject to the following additional provisions:

(a) The use shall be for members and their guests only.

(b) Minimum lot area shall be four acres when the use is located within a residential district.

(c) The use shall have access to and frontage on an arterial road when located within a residential district.

(6) Use 13, Community Center, Adult Education Center, or other similar facility operated by an educational, philanthropic or religious institution, such as a senior citizens center, YMCA, or other similar organization. No outdoor recreation area associated with this use shall be located nearer to any lot line than the front yard setback required for the district in which the use is located.

(7) Use 14, Day-Care Center. Day nursery, nursery school, kindergarten, or other agency giving day care to below-school-age children. This use is not a home occupation or an accessory use to a residence.

(a) Minimum lot area: one acre.

(b) The minimum yard, setback and lot width requirements for the applicable zoning district shall be met, and all area and dimensional requirements of the licensing agency shall be met.

(c) An outdoor play area shall be provided. This area shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be as required under applicable state licensing requirements for each child in the facility.

(d) Prior to the granting of a certificate of occupancy, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, § 8A of the Department of Public Welfare's Social Services Manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

(e) The hours of operation shall be limited from 6:30 a.m. to 6:00 p.m., Monday through Friday, and at no other time and on no other day.

(f) Sufficient facilities for passenger loading and unloading shall be provided. A dropoff area and automobile stacking lane shall be provided.

(8) Use 15, Adult Day Care. A facility operated to provide older adult daily living services for four or more older or disabled individuals who are not relatives of the operator, for part of a sixteen-hour day. Services provided for the older or disabled individuals may include personal care, nutritional, health, social, educational, recreational, therapeutic, rehabilitative, habilitative and developmental activities.

(a) This use does not include services provided for persons whose needs are such that they can only be met in a long-term-care facility on an inpatient basis receiving professionally supervised nursing care and related medical and other health services.

(b) An applicant for adult day care shall obtain a license from the Pennsylvania Department of Aging in compliance with the 6 Pa. Code Chapter 11 before an occupancy permit is issued for the use.

(c) Sufficient facilities for passenger loading and unloading shall be provided. A dropoff area and automobile stacking lane shall be provided.

(9) Use 16, Hospital Campus. An institution, facility, unit or building, or a component of the aforementioned, licensed by the state and providing health-care services and medical or surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, but not limited to, related facilities such as a laboratory, outpatient facility, training facility, emergency medical service facility, physician offices and medical office buildings, subject to the following additional provisions:

(a) Minimum lot area: 20 acres.

(b) Maximum impervious coverage: 60%.

(c) Yard requirements.

1) Minimum front yard: 100 feet.

2) Minimum rear and side yard: 50 feet.

(d) Open space. At least 20% of the net acreage shall be usable open space; i.e., not devoted to buildings, driveways or other paved areas. The required open space may include no more than 50% of the buffer yard.

(e) Buffer yards. Buffer yards shall be provided along all property lines adjacent to residential uses and shall be not less than 25 feet in width.

(f) Special development requirements.

1) The site shall have direct access to an arterial street. The existing road system shall be able to accommodate the peak traffic generated by the institution in a safe and efficient manner.

2) A system of efficient ingress, egress and internal vehicular circulation resulting in minimal interference with surrounding traffic flow shall be provided.

3) In addition to sign regulations set forth in this chapter, each internal building is permitted one identification sign per building wall, limited to 5% of the wall area, as measured by the width of the wall to a height of 20 feet, or a maximum size of 20 square feet, whichever is greater. Each site access point from a public street and each internal access point to any parking area or building is permitted one freestanding directional sign, not to exceed six square feet in area.

4) A defined location for the collection of solid waste material and a plan for periodic disposal of the same shall be required. All solid waste shall be stored in covered containers or in permanent structures designated principally for such use. All waste shall be placed within the building envelope.

5) All loading, maintenance, storage, tank and waste facilities shall be located internally on the site such that they are not visible from any adjoining street.

6) Existing hospital campus users shall, as part of an application for approval of an expansion of the facility, submit a master facilities plan, as approved or revised by the institution.

7) Building facades may not be longer than 160 feet without a minimum ten-foot-deep building offset.

8) Landscape and buffer requirements.

a) All yards: a landscape buffer shall be provided along the property line of each yard area for the entire required depth.

(10) Use 17, Nursing Home, Personal Care Facility, Residential Physical Rehabilitation Center, Assisted Living Facility, or Convalescent Home, subject to the following additional requirements:

(a) All facilities shall comply with the applicable state and federal laws and licensing requirements. Proof of compliance shall be made available to the Township.

(b) Minimum lot area: two acres.

(c) Building area. No more than 30% of the net lot area, i.e., the acreage within the right-of-way lines of the abutting streets, of each lot shall be occupied by buildings.

(d) Yard requirements.

1) Minimum front yard: 150 feet or three times the height of the building, whichever is larger.

2) Minimum rear and side yard: 50 feet or one time the height of the building, whichever is larger.

(e) Access. All facilities shall have direct access to an arterial road.

(f) Open space. At least 40% of the net acreage shall be usable open space, i.e., not devoted to buildings, driveways or other paved areas. The required open space may include no more than 50% of the buffer yard.

(g) Utilities. Each building and use shall be served by public water and sanitary sewer facilities at the time of development.

(h) Accessory. The use may include accessory uses such as laundry room, retail food sales, beauty and barber shops, stationery and newspaper shops, medical clinic, social service office and other small services, provided that the total area occupied by such services shall not exceed 15% of the total floor space area of the building and shall be intended to serve the residents of the housing development.

(11) Use 18, Cemetery. A burial place or graveyard, including mausoleum or columbarium.

(a) Minimum lot area: five acres.

(b) Minimum yards (front, side and rear): 100 feet.

(c) Lot coverage for accessory buildings and parking facilities. No more than 10% to a maximum of five acres may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.

(d) A cemetery may be accessory to a religious use, provided the lot area requirements of this section are met.

(12) Use 19, Outpatient Surgical Center. A medical facility licensed by the state, providing surgical procedures not requiring inpatient confinement following such procedures.

D. Office uses.

(1) Use 20, Medical or Dental Office/Clinic for the examination or treatment of persons as outpatients, including laboratories incidental thereto.

(2) Use 21, Business or Professional Office.

(3) Use 22, Methadone Treatment Facility. A facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

(a) A methadone treatment facility shall not be located within 500 linear feet of any residential zoning district boundary line or within 500 linear feet of a property used as a residence.

(4) Use 22A, Alternative Therapy Provider.

[Added by Ord. 575, 9/28/2016]

(5) Use 22B, Use Massage Therapy Center.

[Added by Ord. 575, 9/28/2016]

(a) Special exception criteria.

1) All persons providing therapy services shall have obtained all necessary licenses required by the Commonwealth of Pennsylvania or the Township. If unlicensed individuals are determined to be providing services, any special exception approval previously granted shall become void.

2) The premises must comply with applicable ordinances of the Township, including but not limited to the building, fire prevention and zoning ordinances of the Township.

3) Treatment rooms shall be at least 50 square feet of floor area and shall maintain a light level of no less than 20 footcandles as metered at three feet above the surface of the floor. (For illustrative purposes only, such light level is equivalent to light from a single forty-watt fluorescent lightbulb in the fifty-square-foot room.) Such rooms shall contain a door incapable of being locked from either the exterior or the interior.

4) Therapies may commence operation no earlier than 7:00 a.m. and extend no later than 10:00 p.m.

5) A massage therapy center shall prominently and publicly display its license on the premises, and each massage therapist's license shall be available for inspection. Price rates charged for any and all services shall be prominently posted in the reception area in a location available for view, and no charges may be made other than in accordance with such posted rates.

6) No person under the age of 18 shall be permitted to enter or remain on the premises or receive any massage.

7) The owner or licensee or duly authorized manager shall be on duty at all times during the hours such establishment is open for business, such owner, licensee or manager shall be identifiable by prominently wearing an identification badge to that affect.

8) Eating or drinking shall not be permitted on the premises, including but not limited to the serving, either for sale or otherwise, or the possession of any alcoholic beverages.

9) Animals, except for service animals for the handicapped, shall not be permitted within massage therapy centers.

E. Retail and consumer service uses.

(1) Use 23, Retail Shop selling apparel, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, records, cards, novelties, hobbies, art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, and fabrics (provided all products produced on the premises are sold on the premises at retail). For the purposes of this chapter, any retail store that provides for gasoline or fuel sales for motor vehicles directly to retail customers shall be considered to be a motor vehicle fueling station.

(2) Use 24, Service Business. Establishments providing services such as hair care, laundry/dry cleaning, shoe repair, travel agency or photographer.

(3) Use 25, Bank, Savings and Loan Association. A bank, savings and loan, credit union for consumer use. If a drive-through window is part of the establishment, the regulations set forth in § 27-1403H(12), Use 79, shall apply.

(4) Use 26, Restaurant. Eating place for the sale and consumption of food and beverages, with or without drive-in, drive-through or outside carry-out food counters. Restaurant may include the service of alcoholic beverages.

(5) Use 27, Tavern. An establishment licensed by the Commonwealth of Pennsylvania for the sale and consumption of alcoholic beverages on site. Taverns shall not include restaurants which serve alcoholic beverages in addition to food, nor shall they include establishments which hold a liquor license for the sale of prepared food in addition to alcoholic beverages.

(6) Use 28, Repair Shop. Establishment for repair of household goods such as appliances or household equipment, or a furniture maker, repair person or upholster. This use shall not include the repair of any motor vehicles, trucks, trailers or heavy equipment.

(7) Use 29, Funeral Home. An establishment used for the preparation of the deceased for display and burial, including an auditorium and temporary storage areas. This use shall not include crematoria, cemeteries, mausoleums or other permanent storage facilities.

(8) Use 30, Hotel. A building or group of buildings for the accommodation of transient guests, containing six or more sleeping units for rent.

(a) Access shall be taken from an interior roadway if the hotel is part of a larger complex or from an arterial road is not part of a larger complex.

(b) Hotel may incorporate conference facilities, restaurants, swimming pools and other uses normally incidental to hotels.

(9) Use 31, Indoor Commercial Entertainment. An establishment providing completely enclosed recreation activities, including theater, games, courts, video arcades, billiards, bowling, play equipment, batting cages or similar facilities. No audio speakers or equipment shall be installed inside or outside the location of such use which cause music, voices or other sounds to emanate to the exterior of the premises.

(10) Use 32, Outdoor Commercial Recreation. An outdoor recreational facility operated as a commercial venture, which may include games, courts, fields, camps, driving range, chip-and-putt golf, or miniature golf.

(a) Minimum lot area: five acres.

(b) No outdoor active recreation area for any recreational use shall be located nearer to any lot line than 100 feet.

(c) Outdoor play areas shall be screened with a planted buffer meeting ordinance requirements.

(d) Specific requirements for miniature golf courses, chip and putt courses, batting cages or skate parks:

1) Use shall have its lot frontage on and take access from an arterial highway as defined in the Township ordinances.

2) Minimum lot frontage: 200 feet.

3) Hours of operation shall be limited to daylight hours.

(11) Use 33, Adult Business. The adult business use is permitted in appropriate zoning districts, as specified in this chapter, in accordance with the regulations set forth in Appendix B.[2]

[2] Editor's Note: Appendix B, containing regulations for adult businesses, is on file in the Township office.

(12) Use 34, Veterinary Office. Office of a veterinarian where domestic animals are given medical or surgical treatment. Use as a kennel is prohibited except that animals undergoing medical or surgical treatment may be housed if kept inside; use of the facility for boarding is prohibited. A veterinary office which provides care for livestock, farm animals or any other nondomestic animal shall require a minimum lot area of five acres.

(13) Use 35, Motor Vehicle Fueling Station. A facility for the sale of fuels for motor vehicles, minor automobile accessories, and sale of food and beverage items, subject to the limitations of this chapter. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles, but shall not include painting, body and fender repairs or vehicular sales. This use is distinguished from and does not include a motor vehicle repair garage where automobile parts and accessories are sold and installed within the facility but where there is no fuel sale. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle fueling station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.

(a) Dimensional requirements.

1) Minimum lot area.

2) C-1 District: two acres.

3) C-2 District: two acres.

4) Minimum lot width along all streets: 250 feet.

5) Minimum distance between all buildings and structures and any residential district or use: 100 feet.

(b) This use shall be permitted only where there is frontage on an arterial road.

(c) All activities, except those to be performed at the fuel pumps, shall be performed within a completely enclosed building.

(d) Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.

(e) All automobile parts and similar articles shall be stored within a building.

(f) All refuse shall be stored within a building or enclosed area.

(g) Paint spraying or body and fender work shall not be permitted.

(h) Lubrication, oil changes, tire changes, and minor repairs are permitted if entirely within a building.

(i) Vehicles shall not be stored outdoors while awaiting repairs for more than five days.

(j) Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

(k) A fueling station may contain only two of the following four types of activities: fuel pumps; convenience commercial, which is sale of convenience, food and beverage items; service bays; car wash. The fuel station building for any and all of these uses shall not exceed 5,000 square feet.

(l) No drive-through windows are permitted for sale of convenience items.

(m) Applicant shall present a plan to demonstrate the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils and solids. Applicant shall also provide to the Township a copy of a maintenance agreement setting forth the terms for the management of the facilities.

(14) Use 36, Car Wash. An automobile washing facility shall mean a public facility designed for washing motor vehicles, whether by mechanized apparatus or manually and also whether by attendant employees or by the customer-motorist, subject to the following provisions:

(a) Minimum lot width of not less than 120 feet shall be provided along each street on which the lot abuts.

(b) Each facility shall provide paved, off-street stacking or parking spaces for the temporary storage of vehicles waiting to use the facility. A stacking area shall be provided for each wash bay. Under no circumstances shall vehicles be permitted to use abutting streets to temporarily wait to use the car wash facility.

(c) A water recycling system shall be employed. Environmentally friendly soaps and solvents shall be used.

(15) Use 37, Motor Vehicle Sales. Sale of motor vehicles by a new or used motor vehicle dealership.

(a) All preparation, lubrication, repair or similar activities shall be accessory to the principal use and shall be conducted within a building.

(b) All automobile parts and similar articles shall be stored within a building.

(c) There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.

(d) An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of Use 38, Motor Vehicle Repair Garage, and provided that it is located at the rear or side of the building containing the principal use.

(e) Parking areas for auto sales customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.

(16) Use 38, Motor Vehicle Repair Garage. An establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraying and body and fender work. The following requirements shall be met:

(a) All repair and installation of parts shall be performed within an enclosed building, and all paint work shall be performed within an enclosed paint booth.

(b) All automobile parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

(c) No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height.

(d) Dimensional requirements.

1) Minimum lot area: one acre.

2) Minimum lot width along all street: 200 feet.

3) Minimum distance between all buildings and structures and any residential district or use: 100 feet.

(e) No sale of fuel to retail customers is permitted. There shall be no fuel pumps.

(f) Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

(g) This use is permitted only on lots with frontage on an arterial road.

(h) No sale or rental of vehicles shall be permitted.

(17) Use 39, Trade or Professional School. A commercial school providing instruction in a trade, electronics, repairs or the arts.

(18) Use 40, Kennel. Facility where animals are kept or boarded for a fee. The kennel may include accessory training, grooming or breeding services.

(a) Minimum lot area: two acres.

(b) No animal housing area shall be closer to any lot line than 100 feet.

(c) All animals shall be kept in buildings or in outdoor areas enclosed by fences designed and constructed to prohibit animals from escaping.

(d) All kennel facilities shall be designed to include sufficient sound-deadening measures so as to ensure that the noise emanating from the property shall not cause a nuisance to adjacent property owners and, at a minimum, shall ensure that the sound levels do not exceed 65 decibels, as measured at the outside property line.

(e) All kennels shall be licensed under the Dog Law Act of 1982, P.L. 784, Act 255, as amended.[3]

[3] Editor's Note: See 3 P.S. § 459-101 et seq.

(19) Use 41, Large Retail Center. Retail store or complex consisting of connected or interconnected retail stores, having an aggregate floor area of 60,000 square feet or more, shall meet the following requirements:

(a) This use shall be located on an arterial road.

(b) Building design. Buildings shall be designed to reflect and enhance the visual, historic and cultural character of Lower Southampton Township. Exterior building materials shall be brick, wood, stone, tile or other traditional materials. No concrete block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, changes in color or materials. All sides of a building shall be architecturally consistent with the front facade, and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade.

(c) Building placement. For any building in excess of 100,000 square feet, no building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line or within 50 feet of any property line. The exterior 50% of the setback shall be landscaped with trees, shrubs and ground cover.

(d) No parking, loading or service area shall be located less than 50 feet from any property line, including the street line. Parking shall be arranged so that at least 50% of the required parking is located to the side or rear of the shopping center buildings.

(e) Parking, loading or service areas shall not be permitted within the required buffer yards or within the exterior 50% of the required setbacks.

(f) The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping. Where building pads are proposed which are not connected to the main structure of the shopping center, these shall be shown on the overall plan and shall be integrated with the shopping center so that pedestrians can walk safely to individual buildings without being endangered by vehicular traffic. All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic.

(g) The use shall be designed to accommodate safely pedestrian and vehicular traffic. Pedestrian circulation shall be provided throughout the site, and pedestrian connections shall be provided to adjacent sidewalks.

(h) The plan shall provide for shopping cart corrals if shopping carts are to be used. Cart corrals shall be provided in addition to the required parking spaces.

(i) The applicant must submit as a part of the preliminary land development or subdivision plan a market analysis indicating the market for the proposed facility and the area from which patrons will be attracted, as well as architectural concept plans and building elevations.

(j) The use shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other amenity, that will enhance the character of the area. The scale of the public amenities shall be in proportion to the size of the proposed store.

(k) As part of the land development agreement for the establishment of a retail store of 60,000 square feet or greater, provisions shall be made for the removal or adaptive reuse of the structure by the applicant should the facility not be used for a period of 12 consecutive months. Financial security may be required by the Township.

(l) Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.

(m) Maximum impervious surface: 60% of lot area.

(n) Maximum building coverage: 40% of lot area.

(20) Use 42, Bed-and-Breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent, which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability or who are part of a criminal justice program, subject to the following additional conditions and restrictions:

(a) No more than five guest rooms may be provided.

(b) Required off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material.

(c) There shall be no use of show windows or display or advertising visible outside the premises to attract guests, other than a single, nonilluminated sign, which may not exceed eight square feet.

(d) The use shall be carried on primarily by members of the immediate family who reside on the premises.

(e) There shall be no separate kitchen or cooking facilities in any guest room. Food served on the premises shall be served only to guests of the establishment.

(f) The maximum, uninterrupted length of stay at a guesthouse shall be 14 days.

(g) Weddings, receptions, and special events. A bed-and-breakfast may be used for weddings, receptions, meetings and other special events which attract people who are not guests at the bed-and-breakfast only where the following additional requirements are met:

1) The bed-and-breakfast must have frontage on and access to an arterial road.

2) Weddings, receptions and special events may be held no more than eight times per year, and each event shall last no more than one day.

3) A conditional use permit is required.

4) There shall be no outdoor amplified music.

5) Provision shall be made for adequate and safe parking, which shall be reviewed as part of the conditional use application.

(21) Use 43, Banquet/Catering Facility. A facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis. Such establishments may include full kitchen facilities and a catering facility, as defined in this section. A catering facility is the use of a building or part of a building where food or beverages, or both, are prepared on the premises and picked up or delivered for off-site consumption as part of a banquet or other dining event for groups or parties. Where such facility is housed on the same premises or within the same building as a banquet facility, food and beverages may also be served and consumed on site. This use shall not be considered a restaurant.

(22) Use 44, Limited Personal Service. A retail facility offering psychic readings, body piercing, branding or tattooing of persons, and similar uses. The following requirements shall be met:

[Amended by Ord. 575, 9/28/2016]

(a) The service must be performed in sanitary conditions and in compliance with all federal, state and local regulations, rules and laws regulating such practices.

(b) The place of service shall be a minimum of 1,000 feet from the nearest public or private school.

(c) The limited personal service provider shall display notices as required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.

(23) Use 45, Ambulance/Medical Transport Vehicle. A facility offering ambulance services for a fee to the general public, when such services are not provided by a volunteer ambulance service, volunteer fire company, or other public or quasi-public organization.

[Amended by Ord. 566, 11/12/2014]

(a) In addition to any other applicable provision of this chapter, a private ambulance service must meet all of the following requirements:

1) A minimum lot area of one acre.

2) No private ambulance service may be located on a lot with any other commercial, industrial, residential or any other use.

3) No testing of sirens, excessive noise or other disruption may emit from equipment located on the site.

4) No private ambulance service may be located within 500 linear feet of any other private ambulance service.

5) Every private ambulance service shall file with the Township a current copy of any applicable federal, state or county license required for the operation of the business.

(24) Use 46, Smoke Shop/Smoking Parlor. A retail facility offering limited sales of tobacco, tobacco products, and other smoking accessories, and/or offering private areas for the consumption of tobacco or tobacco products on site. This use shall include hookah bars/lounges.

(a) Special exception criteria.

1) Smoking parlors shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, that operations of any smoking parlor located within 300 feet of a residential property must cease operations between 11:00 p.m. and 10:00 a.m.

2) There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

3) No alcoholic beverages shall be served or consumed on the premises.

4) Where located on a parcel within 300 feet of a residential property, smoking parlors must include a planted buffer, fence or other sound barrier adequate to screen adjacent properties from any activity on the premises.

(25) Use 47, Equipment Rental or Motor Vehicle Leasing. The following requirements shall be met:

(a) All equipment shall be screened by a wall, fence or landscaping screen not less than six feet in height.

(b) Motor vehicle leasing shall be subject to the following requirements:

1) Where the equipment rental use is the single use on a lot, minimum lot size shall be one acre.

2) Storage or display of vehicles for lease shall be placed no closer to the future street right-of-way line than 25 feet.

3) Parking areas for motor vehicle leasing customers shall be clearly delineated so as to separate them from vehicle display and storage areas.

4) Servicing of vehicles on the premises shall not be permitted.

(26) Use 47A, Medical Marijuana Dispensary.

[Added by Ord. 575, 9/28/2016]

(a) Special exception criteria.

1) A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception shall immediately become void.

2) A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

3) A medical marijuana dispensary must be located on a lot containing not less one acre.

4) A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center, medical marijuana grower/processor and/or another medical marijuana dispensary, or within 500 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a place of worship, public park, community center or a residentially zoned property.

[Amended by Ord. 577, 3/22/2017]

5) A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.

6) A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

7) A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.

8) A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Director of Public Safety. Medical marijuana remnants and byproducts shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

9) There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.

10) No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.

11) No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

12) The minimum size of a medical marijuana dispensary facility shall be 2,000 gross square feet in total floor area.

13) A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Township Engineer, the Township Planner, and the Director of Public Safety. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

14) A medical marijuana dispensary shall provide proof of a contract with a private security company, licensed in accordance with 22 Pa.C.S.A. (the Private Detective Act), and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

15) A medical marijuana dispensary shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, byproduct, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(27) Use 47B, Medical Marijuana Grower/Processor.

[Added by Ord. 575, 9/28/2016]

(a) Conditional use criteria.

1) A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

2) A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

3) A medical marijuana grower/processor must be located on a lot containing not less than two acres.

4) A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center, medical marijuana dispensary and/or another medical marijuana grower/processor, or within 500 feet measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a place of worship, public park, community center or a residentially zoned property.

[Amended by Ord. 577, 3/22/2017]

5) A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.

6) A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

7) A medical marijuana grower/processor shall not receive deliveries or make shipments earlier than 9:00 a.m. or later than 9:00 p.m.

8) A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from the Director of Public Safety. Medical marijuana remnants and byproducts shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

9) There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.

10) No one under the age of 21 shall be permitted in a medical marijuana grower/processor.

11) No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

12) No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

13) A medical marijuana grower/processor shall submit a security plan to, and obtain approval from the Director of Public Safety. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

14) A medical marijuana grower/processor shall contract with a private security company, licensed in accordance with 22 Pa.C.S.A. (the Private Detective Act), and the grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

15) A medical marijuana grower/processor shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, byproduct and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

F. Utilities, communications, and transportation uses.

(1) Use 48, Emergency Services. Fire, ambulance or other emergency services of a municipal or volunteer nature. A community room is permitted as an accessory use. Minimum lot area: 1/2 acre.

(2) Use 49, Municipal Uses for Lower Southampton Township, including Township building, police station, licenses and inspections office, park and recreation facilities, or any structure owned or operated by any governmental entity.

(3) Use 50, Railway/Transportation Station. A terminal limited to a railroad station or bus station providing passenger transportation services to the general public.

(4) Use 51, Public or Private Parking Garage. Parking garage as a principal use or as an accessory use designed to meet parking requirements for a principal use, subject to the following additional provisions:

(a) Such area will be for the parking of cars of employees, customers or guests of establishments in the zoning district where the parking garage is proposed.

(b) No sales or service operations shall be conducted within the garage.

(c) Parking space size, aisle widths, ramp configuration, and other design standards, as required by Chapter 22, Subdivision and Land Development, shall be met.

(d) Maximum height: 35 feet, unless otherwise provided by conditional use in exchange for reducing overall site impervious surface by at least 20%.

(e) The parking garage shall make provisions for bicycle racks and motor scooters, which shall be included in areas protected from precipitation.

(f) Parking garage shall include stations for recharging electric vehicles at 5% of the parking spaces.

(g) Parking garage shall meet the setback requirements for the district in which it is located.

(5) Use 52, Public or Private Parking Lot. Parking lot as a principal use or as an accessory use designed to meet parking requirements for a principal use, subject to the following additional provisions:

(a) Such area will be for the parking of cars of employees, customers or guests of establishments in the zoning district where the parking lot is proposed.

(b) No sales or service operations shall be conducted within the parking lot.

(c) Parking space size, aisle widths, ramp configuration, and other design standards, as required by Chapter 22, Subdivision and Land Development, shall be met.

(d) The parking lot shall make provisions for bicycle racks and motor scooters, which shall be included in areas protected from precipitation.

(e) Parking lot shall include stations for recharging electric vehicles at 5% of the parking spaces.

(f) Parking lot shall meet the setback requirements for the district in which it is located.

(6) Use 53, Cellular Telecommunications Facility.

(a) The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

(b) The following buffer plantings shall be located around the perimeter of the security fence:

1) An evergreen screen shall be planted that consists of either a hedge planted three feet on center maximum or a row of evergreen trees planted 10 feet on center maximum.

2) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(c) An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment and/or building.

(d) The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E Manual, as amended.

(e) A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower and anchors for the guy wires if used.

(f) Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.

(g) An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district.

(h) The maximum height of a tower shall be 150 feet, subject to the following conditions:

1) Towers located on parcels abutting residential areas shall not exceed a height of 85 feet.

2) If the applicant can demonstrate that a taller tower is required to provide service or if the tower is designed as a stealth tower to resemble a tree or flag pole, a maximum height of 175 feet may be permitted by the Board of Supervisors.

3) In no event shall the distance, at ground level, from a point directly under the center of the tower-mounting structure to the nearest property line or right-of-way, be less than the height of the tower.

(i) When a cellular telecommunications facility is combined with an existing use or located on a vacant parcel, the following conditions shall apply:

1) The existing use need not be affiliated with the cellular telecommunications provider.

2) The cellular communications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

3) Minimum lot areas. The minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment building, security fence and buffer planting. If the title to the land on which the cellular telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.

4) Minimum setbacks. The tower and telecommunications equipment building shall comply with the minimum setback requirements for the host lot.

5) Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

6) Where possible, an antenna for a cellular telecommunications facility shall be attached to an existing structure, other than an existing tower, or building, subject to the following conditions:

a) Maximum height: 50 feet above the existing building or structure, but in no event higher than the maximum height permitted for a tower under this part.

b) If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:

(i) The building shall comply with the minimum setback requirements for the subject zoning district.

(ii) An eight-foot high security fence shall surround the building.

(iii) A buffer yard shall be planted in accordance with Subsection F(6)(b) hereinabove.

(iv) Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.

7) Before submitting an application for placement of a cellular telecommunications facility on an existing freestanding cellular telecommunications facility or on an existing structure, the applicant shall demonstrate that the proposed cellular telecommunications facility cannot be located on land or a structure owned or controlled by the Township or any other political subdivision or municipality of the commonwealth.

8) Elevations of existing and proposed structures showing width, depth and height, and statistical data on the antenna and support structure shall be presented to the Township.

(j) The following hierarchy shall apply to the location of cellular telecommunications facilities, listed in order of priority:

1) Co-location on a freestanding, existing cellular telecommunications facility.

2) Attachment to an existing structure.

3) Construction of a freestanding cellular telecommunications facility.

(k) Notwithstanding any other provision of this chapter to the contrary, co-location of an antenna or antennas on an existing freestanding cellular communications facility shall be permitted in any zoning district, provided the applicant shall comply with all design and application requirements contained under this part and shall obtain co-location and building permits and pay any associated fees to the Township.

(l) Any application proposing the construction of a freestanding cellular telecommunications facility shall include information demonstrating why the proposed service cannot be provided through co-location with an existing facility or by attachment to an existing structure. Such information may include:

1) The absence of any existing structures located within the geographic area meeting the applicant's engineering requirements.

2) That existing structures are not of sufficient height to meet the applicant's engineering requirements.

3) That existing structures do not have sufficient structural strength to support applicant's proposed cellular telecommunications facility and related equipment.

4) That the proposed cellular telecommunications facility would cause electromagnetic interference to existing antenna(s) on the existing structure or that antenna(s) on the existing structure would cause such interference to applicant's proposed facility.

5) That the fees, costs or contractual provisions required by the owner of an existing structure to permit co-location or attachment of the proposed cellular telecommunications facility are unreasonable. Construction costs for the attached facility which exceed the construction costs for a freestanding cellular telecommunications facility shall be presumed to be unreasonable.

6) That other limiting factors exist which render existing structures unsuitable for the proposed cellular telecommunications facility.

(m) The Board of Supervisors may require that any proposed freestanding cellular telecommunications facility include space for location of emergency service communications facilities.

(n) In addition to the criteria set forth hereinabove, when a proposed cellular telecommunications facility applies for a conditional use, the applicant shall establish the following criteria:

1) The applicant shall demonstrate that the tower for the telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is to serve the company's system.

2) The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for cellular telecommunications towers.

3) The applicant shall demonstrate that the proposed tower complies with all state and federal laws and regulations concerning aviation safety.

4) Additional buffer yard requirements, if any, shall be as determined by the Board of Supervisors.

5) The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to serve the applicant's service area.

6) Where the telecommunications facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

(6.1) Use 53A, Small wireless facilities within the right-of-way, but not in an underground district, as regulated by the small wireless facilities Deployment Act,[4] but not in an underground district. Small wireless facilities that fall under the Pennsylvania small wireless facilities Deployment Act shall be permitted by right within rights-of-way in all zoning districts in the Township except in areas within zoning districts that are underground districts as defined in § 27-202. If a term that is used or defined within this § 27-1403F(6.1) or within § 27-1403F(6.1) or within § 27-202 is also defined in the small wireless facilities Deployment Act [the Act of June 30, 2021 (P.L. 232, No. 50), 53 P.S. §§ 11704.1 through 11704.11], the Act's definition shall preempt the definition of the same term found in the Zoning Ordinance of Lower Southampton Township. Said preemption shall occur solely for purposes of interpreting or applying § 27-1403F(6.1) or § 27-1403F(6.2).

[Added by Ord. No. 600, 9/14/2022]

(a) Installation, replacement, modification or maintenance of small wireless facilities inside the right-of-way shall comply with all of the following requirements:

1) The wireless provider shall be required to obtain Township approval through the general permitting process and permission from the owner of the utility facility, utility pole or wireless support structure for installation, modification or replacement of small wireless facilities on a utility facility, utility pole or wireless support structure and Township approval through the general permitting process for the installation of a new utility pole with small wireless facilities attached thereto.

2) The installation of a new or modified small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.

a) The equipment and network components, including antennas, transmitters and receivers, must meet the following qualifications:

(i) Each antenna associated with the deployment is no more than three cubic feet in volume.

(ii) The volume of all other equipment associated with the small wireless facility is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this paragraph.

3) All structures and facilities deployed by a wireless provider shall be installed, constructed and maintained in a manner so as not to obstruct, endanger or hinder travel or public safety on or within the right-of-way, including not to materially interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement and shall be installed and maintained in a manner so as not to damage or interfere with other utility facilities located within a right-of-way or interfere with another utility's use of the utility's facilities located or to be located within the right-of-way.

4) All structures and facilities deployed by a wireless provider shall comply with applicable Township codes and shall comply with applicable Federal Communications Commission (FCC) regulations, with the small wireless facilities Deployment Act, and with any other applicable federal or Pennsylvania law or regulations or applicable industry standard.

5) If the installation, replacement or maintenance of a small wireless facility or facilities will cause structural or safety deficiencies to a municipal pole, the Township and permit applicant shall work together for any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility.

a) The Township shall provide a good-faith estimate for any make-ready work necessary to enable the municipal pole to support the requested collocation by a wireless provider, including pole replacement, if necessary, within 60 days after receipt of a complete application. If the Township demonstrates that the collocation would make the municipal pole structurally unsound, the Township may require replacement of the municipal pole.

b) Make-ready work, including pole replacement, shall be completed within 60 days of written acceptance of the good-faith estimate by the applicant.

c) The Township may reserve space on an existing municipal pole for future public safety or transportation uses in a documented and approved plan as adopted at the time an application is filed. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.

6) If collocation on an existing utility pole or municipal pole to which the wireless provider has legal access is technically feasible, would not impose substantial additional cost, and would not obstruct or hinder travel or public safety, but the wireless provider demonstrates and self-certifies in good faith to the Township that it cannot meet the service reliability and functional objective by collocating on such existing utility pole or municipal pole instead of installing a new utility pole, a small wireless facility may be installed on a new or replacement utility pole. The maximum permitted height of the facility, which shall include the utility pole and small wireless facility, shall not be taller than 50 feet above ground level unless the wireless provider obtains a grant of a special exception from the Zoning Hearing Board.

a) The equipment and network components, including antennas, transmitters and receivers, must meet the following qualifications:

(i) Each antenna associated with the deployment is no more than three cubic feet in volume.

(ii) The volume of all other equipment associated with the small wireless facility is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this paragraph.

7) Historic districts and historic buildings. In addition to the aesthetic design requirements set forth in § 27-1403F(6.1)(b)3)d), the Township may require reasonable, technically feasible, nondiscriminatory and technologically neutral design or concealment measures for installation, modification or replacement of small wireless facilities on a utility facility, utility pole or wireless support structure in a designated historic district or on a designated historic building on a case-by-case basis to ensure maintenance to the extent feasible of the aesthetic and historic nature of the historic building and/or historic district. Any design or concealment measures will not have the effect of prohibiting a wireless provider's technology. For the purpose of staying within the size restrictions applicable to a small wireless facility, design or concealment measures shall not be considered part of the size of the small wireless facility. This § 27-1403F(6.1)(a)7) is not applicable to historic buildings or historic areas to the extent that they are regulated under the National Environmental Policy Act, which requires environmental assessments (EAs) pursuant to the Code of Federal Regulations, Title 47, Section 1.1307(a)(4).

8) Damages to the right-of-way. A wireless provider shall repair all damages to the right-of-way or to any other land so disturbed by the activities of the wireless provider's contractors and restore the right-of-way to substantially the same condition which existed in the right-of-way prior to the performance of the work in the right-of-way by the wireless provider. If the wireless provider fails to make the repairs required by the Township within 30 days after written notice, the Township may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty of $500. The Township may suspend the ability of an applicant to receive a new permit from the Township until the applicant has paid the amount assessed for the repair costs and the assessed penalty, unless the applicant has deposited the amount assessed for the repair costs and the assessed penalty in escrow pending an adjudication on the merits of the dispute by a court of competent jurisdiction.

9) Compliance with applicable laws for communications services and general requirements for use of the right-of-way.

a) The approval of the installation, placement, maintenance or operation of a small wireless facility shall not authorize the provision of any communications services without compliance with all applicable laws and shall not authorize the installation, placement, maintenance or operation of any communications facilities other than wireless facilities and associated utility poles in the right-of-way.

b) The construction and maintenance of structures and facilities by the wireless provider shall comply with the current Pennsylvania Electrical Safety Code and all applicable laws, ordinances and regulations and applicable current industry standards for the protection of underground and overhead utility facilities.

c) An applicant or the applicant's affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair or maintenance work on a small wireless facility deployed under the small wireless facilities Deployment Act meets and attests to all of the following requirements:

(i) Maintain all valid licenses, registrations or certificates required by the federal government, the commonwealth or a local government entity that is necessary to do business or perform applicable work.

(ii) Maintain compliance with the Act of June 2, 1915 (P.L. 736, No. 338), known as the Workers' Compensation Act,[5] and the Act of December 5, 1936 (2nd Sp.Sess., 1937, P.L. 2897, No. 1), known as the Unemployment Compensation Law,[6] and bonding and liability insurance requirements as specified in the contract for the project.

[5] Editor's Note: See 77 P.S. § 1 et seq.

[6] Editor's Note: See 43 P.S. § 751 et seq.

(iii) Has not defaulted on a project, declared bankruptcy, been debarred or suspended on a project by the federal government, the commonwealth or a local government entity within the previous three years.

(iv) Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years.

(v) Has completed a minimum of the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.

10) Fees for small wireless facilities. The Township shall charge an annual fee to an applicant for use of the right-of-way, which may be adjusted on a pro rata basis in accordance with the adjusted fee levels for small wireless facilities, which fee levels are issued by the Federal Communications Commission (FCC).

a) The Township shall not charge an annual right-of-way fee per small wireless facility for collocation on a municipal pole over and above the use fees described in § 27-1403F(6.1)(a)10)b).

b) Generally, the Township shall charge an annual right-of-way fee of $270 per small wireless facility or $270 per new utility pole. If the Township charges an annual fee per small wireless facility or per new utility pole of more than $270, the fee shall be nondiscriminatory and shall reflect a reasonable approximation of the Township's costs to manage the right-of-way.

11) Indemnification. Except for a wireless provider with an existing agreement with the Township prior to the effective date of the small wireless facilities Deployment Act, the Act of June 30, 2021 (P.L. 232, No. 50), which agreement permits the wireless provider to occupy and operate in a right-of-way, a wireless provider shall fully indemnify and hold the Township and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the right-of-way. A wireless provider shall not be required to indemnify for an act of negligence or willful misconduct by the Township, its elected and appointed officials, employees and agents.

(b) Permitting process for small wireless facilities and utility poles or wireless support structures within the right-of-way. The following requirements shall apply to applications for small wireless facilities inside public rights-of-way:

1) Work Requiring a Permit. A zoning permit, which shall be subject to applicable Township Code sections, must be obtained from the Township by a wireless provider for:

a) The installation, modification, collocation or replacement of small wireless facilities within the right-of-way; or

b) Purposes related to small wireless facilities, the installation, modification or replacement of utility structures, utility poles or wireless support structures, including for collocation, with small wireless facilities attached thereto within a right-of-way; or

c) The installation of new utility poles with attached small wireless facilities.

2) Review of permit application. The Township shall review the permit application for conformance with the Township codes and shall treat the application for the permit as a permitted use in all areas of the Township except when the application seeks the installation, modification or replacement of small wireless facilities within the right-of-way in underground districts, which are areas designated solely for underground or buried cable facilities and utility facilities. Said underground district applications shall be approved only by special exception, and requirements relating to small wireless facilities in underground districts shall be governed by § 27-1403F(6.2) of the Township Zoning Ordinance.

3) The permit applications relating to small wireless facilities shall include the following:

a) Documentation that includes necessary approvals from the owner of the pole or wireless support structure and includes construction and engineering drawings demonstrating compliance with the criteria listed in § 27-1403F(6.1)(a), including § 27-1403F(6.1)(a)1) through 11) and also including § 27-202 (definition of "small wireless facility") of the Township Zoning Ordinance.

b) A report by a qualified engineering expert demonstrating that the small wireless facility or facilities proposed will comply with applicable Federal Communications Commission (FCC) regulations, and any other applicable federal or Pennsylvania law or regulations or applicable industry standards, including but not limited to the current Pennsylvania Electrical Safety Code; National Electric Safety Code; the National Electrical Code; the industry standards pertaining to wind gusts and ice or the standards set forth in ANSI/TIA-222, as amended (Electronics Industry Association and Communications Industry Association); and the structural standards of the American Association of State Highway and Transportation Officials.

c) If the wireless provider is applying to install a new or replacement utility pole as described in § 27-1403F(6.1)(a)6), self-certified documentation made in good faith, including a documented summary of the basis for the applicant's request to install a new or replacement utility pole which demonstrates that collocating on an existing utility pole or municipal pole instead of installing a new utility pole cannot meet the service reliability and functional objective of the wireless provider.

d) Documentation demonstrating construction design which achieves minimal aesthetic impact, while allowing for technical feasibility. The aesthetic design documentation shall demonstrate and/or include the following to the extent technically feasible:

(i) That accessory equipment shall be of a color that matches the wireless support structure on which such accessory equipment is mounted and an accessory equipment shroud or cabinet shall be of the smallest dimensions technically feasible.

(ii) That replacement wireless support structures, including poles, or new wireless support structures, including poles, shall be of comparable materials, color and design to the existing wireless support structure being replaced or for new structures, to the adjacent wireless support structure.

(iii) That new wireless support structures shall be connected to electricity with the same method as adjacent wireless support structures.

(iv) That for any replacement decorative pole, the new decorative pole shall match the existing decorative pole in shape, design, color and material.

e) Diagrams which clearly delineate all proposed equipment and structures, in comparison to previously existing equipment and structures, and which show required dimensions, color, material and type of wireless support structure proposed, and which depict proposed wiring and describe concealment methods for wiring, and which depict any existing structures within 100 feet of the proposed location.

4) Capacity or radio frequency. The applicant shall not be required to provide justification for capacity or radio frequency. However, the applicant shall not interfere with Emergency Management Services ("EMS") and/or 9-1-1 capacity and/or radio frequencies.

5) Incomplete applications and Permit Processing Deadlines.

a) Incomplete applications. Within 10 business days of receiving an application, the Township shall determine and notify the applicant in writing whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero days on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Township.

b) An application shall be processed on a nondiscriminatory basis and the Township shall approve or deny the application within 60 days of receipt of a complete application to collocate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with small wireless facilities attached. When a small wireless facility application is deemed approved by the Township's failure to timely respond, the Township has seven days to approve or deny any other permits that are related to the work associated with the small wireless facility application.

6) Consolidated applications. An applicant seeking to collocate within the jurisdiction of the Township shall be allowed at the applicant's discretion to file a consolidated application for collocation of multiple small wireless facilities as follows:

a) The number of small wireless facilities addressed in a consolidated application shall not exceed 20.

b) The denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.

c) A single applicant shall not submit more than one consolidated or 20 single applications in a thirty-day period. If the Township receives more than one consolidated application or more than 20 single applications within a forty-five-day period, the processing deadline shall be extended 15 days in addition to the processing deadline specified under § 27-1403F(6.1)(b)5)a), to allow the Township to complete its initial review under § 27-1403F(6.1)(b)5)a).

d) The following apply:

(i) For the purpose of counting the number of small wireless facilities each applicant has before the Township at a given time, small wireless facilities and poles that a wireless provider applicant has requested a third party to deploy, and that are included in a pending application by the third party, shall be counted as pending requests by the wireless provider applicant.

(ii) An application tolled under § 27-1403F(6.1)(b)6)c), shall count towards the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Township shall begin processing previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.

7) Denial of a permit and curing of deficiencies.

a) The Township may deny the permit if the application for small wireless facility deployments sought and corresponding work proposed are not in compliance with applicable Township codes or with the small wireless facilities Deployment Act or with any of the requirements of this § 27-1403F(6.1) or (6.2) (if applicable).

b) Within the time frame established under § 27-1403F(6.1)(b)5)b), the Township shall document the basis for a denial, including the specific provisions of applicable Township codes on which the denial was based, and send the documentation to the applicant within five business days of the denial.

c) The applicant may cure the deficiencies identified by the Township and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Township shall approve or deny the revised application within 30 days of the application being resubmitted for review. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Township shall be given an additional 15 days to review the resubmitted application and may charge an additional fee for the review.

8) Time limit for work. The proposed collocation on, modification to or replacement of a utility pole or the installation of a new utility pole with small wireless facilities attached for which a permit is granted under § 27-1403F(6.1) or (6.2) of the Township Zoning Ordinance shall be completed within one year of the permit issuance date unless the Township and the applicant agree in writing to extend the period.

9) Length of permit term for small wireless facilities on utility poles or wireless support structures. The Township's approval of the permit allows the applicant to operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which period shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in the Township Zoning Ordinance, the small wireless facilities Deployment Act, and the applicant has obtained all necessary consent from the pole owner.

10) Suspension or revocation of a permit for noncompliance and subsequent removal of equipment. Within 60 days of suspension or revocation of a permit due to noncompliance with applicable sections of the Township Code or the small wireless facilities Deployment Act or other applicable laws and regulations, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole or support structure, after receiving notice and an opportunity to cure any noncompliance.

11) Removal of equipment at the end of the permit term. Within 90 days of the end of a permit term or the end of an extension of the permit term, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole or support structure.

12) Moratorium prohibited. The Township shall not issue, expressly or de facto, any moratorium on filing or processing applications or issuing permits for collocation, for modification or for replacement of utility poles to support small wireless facilities or for installation of new utility poles to support small wireless facilities.

13) Work that does not require a permit. Unless the work within the right-of-way involves excavation, closure of a sidewalk or closure of a vehicular lane, or the work requires a permit pursuant to other provisions of the Township Zoning Ordinance or other Township codes, the Township shall not require an application for a permit for the following:

a) Routine maintenance or repair work.

b) The replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as small wireless facilities.

c) The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, if compliant with the National Electrical Safety Code.

14) Fees for application. The Township shall charge an application fee for the review of a permit application and of plans submitted for the work to be done within the right-of-way. The application fee is subject to adjustments on a pro rata basis in accordance with the adjusted fee levels for small wireless facilities, which fee levels are issued by the Federal Communications Commission (FCC). The Township shall charge a one-time application fee of:

a) $500 for an application seeking approval for no more than five collocated small wireless facilities and $100 for each collocated small wireless facility above five.

b) $1,000 for an application seeking approval of a small wireless facility that requires the installation of a new or replacement utility pole or wireless support structure.

15) Agreements.

a) All agreements between the Township and wireless service providers that are in effect on the effective date of the small wireless facilities Deployment Act shall remain in effect, subject to any termination provisions in the agreements. When an application is submitted after the effective date of the small wireless facilities Deployment Act, a wireless provider may elect to have the rates, fees, terms and conditions established under the Act apply to the small wireless facility or utility pole installed after the effective date of the Act.

b) The Township shall not enter into an exclusive arrangement with any person for use of the right-of-way for:

(i) Collocation; or

(ii) The installation, operation, modification or replacement of utility poles with small wireless facilities attached.

[4] Editor's Note: See 53 P.S. § 11704.1 et seq.

(6.2) Use 53B, small wireless facilities within the right-of-way and which are also in an underground district by special exception as regulated by the small wireless facilities Deployment Act.[7]

[Added by Ord. No. 600, 9/14/2022]

(a) Requirements for underground districts. The Township shall not use a new designation of an underground district to prohibit small wireless facilities and replacements of municipal poles and their attachments when the area has been so designated 90 or fewer days' prior to the wireless provider's application relating to the underground district.

1) Installation, replacement, modification or maintenance of small wireless facilities in underground districts shall comply with the requirements of § 27-1403F(6.1)(a)1) through 11) of the Township Zoning Ordinance and the requirements of § 27-1403F(6.2)(a)1) through 3) of the Township Zoning Ordinance.

2) small wireless facilities in underground districts shall be treated as a use permitted only by special exception.

a) If the Township generally allows for the replacement of municipal poles and the poles' attachments in an underground district, the wireless provider may apply through the general permitting process in the same manner as it would apply in an area that was not designated as an underground district, except that the grant of the permit shall only be by special exception.

b) In addition to the requirements referenced in § 27-1403F(6.2)(a)1), the wireless provider may only be granted permission by special exception for the installation of a new utility pole with small wireless facilities in an underground district if the wireless provider has permission from the owner of the property at the location of the proposed site of the new utility pole.

3) Generally, in an underground district that is so designated more than 90 days' prior to an application, a wireless provider shall comply with the same reasonable and nondiscriminatory underground placement rules that other communications services must follow.

(b) Applications relating to small wireless facilities in underground districts.

1) If a wireless provider's application seeks the installation, modification or replacement of small wireless facilities on an existing utility pole or wireless support structure within the right-of-way and in an underground district or seeks the same on a replacement utility pole or wireless support structure at a location within the right-of-way and in an underground district, the Township shall treat the application as an application for a special exception and shall review the application in accordance with the requirements of § 27-2306 and with the requirements of § 27-1403F(6.1)(a)1) through 11) and F(6.1)(b)1) through 14) and with the requirements of § 27-1403F(6.2)(a)1) through 3) of the Township Zoning Ordinance.

2) If a wireless provider's application seeks the installation of a new utility pole within the right-of-way in an underground district, the application shall include documentation that the wireless provider has permission from the owner of the property at the location of the proposed site of the new utility pole. The Township shall treat the application as described in § 27-1403F(6.2)(b)1).

(c) Section 27-1403F(6.1)(b)15) relating to existing agreements and relating to prohibited exclusive arrangements between the Township and wireless service providers shall apply to small wireless facilities in underground districts.

[7] Editor's Note: See 53 P.S. § 11704.1 et seq.

(7) Use 54, Utility Operating Facility. Subject to the following additional provisions:

(a) Such structure shall be limited to a transformer station, pumping station, electrical substation, telephone substation, water or sewer facility and any public or private utility, but shall not include telecommunications uses or facilities.

(b) Such structure must be required to serve the Township of Lower Southampton.

(c) Such structure shall be required to obtain land use approval pursuant to Chapter 22, Subdivision and Land Development.

(d) Building and zoning permits shall be required for all utilities.

(e) The maximum height of aboveground water storage facilities shall be determined by the Board of Supervisors in accordance with the need to protect the community's safety and appearance.

(f) The following minimum setbacks from all property lines shall be provided.

1) Water tower: not less than the height of the tower plus 200 feet.

2) Electrical substation: 100 feet.

3) Well facility: 50 feet.

4) Sewer pumping station: 25 feet.

5) Water pumping station: 50 feet.

6) All other uses: 50 feet.

(g) Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

(h) All parking spaces and access drives shall be at least five feet from any side or rear lot line. Two off-street parking spaces or one space per full-time employee stationed at the facility, whichever provides the greater number of spaces, shall be provided.

(i) A buffer yard shall be provided along all property lines which shall include adequate means for visual screening and which shall meet the requirements of this chapter.

G. Industrial uses.

(1) Use 55, Light Manufacturing. The production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products.

(2) Use 56, Research and Development Facility. Research, testing or experimental laboratory for carrying out investigation in the natural, physical, social sciences, engineering or biomedical fields.

(3) Use 57, Wholesale business and storage. Storage and distribution of goods to manufacturers, importers/exporters, wholesalers, transport business. This use shall not include a wholesale club or other facility where retail sales occur or goods are sold to the ultimate consumer.

(4) Use 58, Crematorium. Facility for the cremation of animals or people.

(5) Use 59, Printing, Publishing, Binding.

(6) Use 60, Contractor Business Office for such as building, concrete, electrical, heating, air conditioning, masonry, painting, plumbing, carpentry, cabinetry and roofing, provided the following regulations are met:

(a) The building size shall not exceed 25,000 square feet.

(b) The building may contain offices for the contractor use as well as storage of material and equipment but may not contain any retail sales areas.

(c) No outside storage of material or equipment is permitted.

(d) Vehicles are permitted to be parked outside, provided that there shall be no more than 10 vehicles stored on the premises.

(e) No retail sales may be conducted from the premises, no client contact nor public access shall be permitted on the premises.

(7) Use 61, Carpentry Shop, such as a carpenter/cabinetry-making shop for retail custom work, provided the following requirements are met:

(a) The building size shall not exceed 15,000 square feet.

(b) The building may contain offices for the contractor use as well as storage of material and equipment.

(c) No outside storage of material or equipment is permitted.

(d) Vehicles are permitted to be parked outside, provided that there shall be no more than 10 vehicles stored on the premises.

(e) Retail sales shall be permitted from the carpentry shop.

(8) Use 62, Truck Terminal. The use of land for the storage of trucks or the transfer of freight from one truck to another, excluding the transfer or storage of solid waste.

(9) Use 63, Quarry. Extraction of minerals, coal, oil and gas, subject to these regulations and the requirements of the Surface Mining Conservation and Reclamation act (P.L. 1093, No. 219), the Noncoal Surface Mining Conservation and Reclamation Act (P.L. 1140, No. 223), the Oil and Gas Act, the Bituminous Mine Subsidence and Land Conservation Act. No mining or extraction of limestone is permitted in resource-protected areas; any limestone extraction in other areas shall be permitted only if the applicant can demonstrate that there will be no harm to the aquifer.

When applying for a zoning permit, the applicant shall provide the following plans and information:

(a) Plan of general area (within a one-mile radius of site) at a scale of 1,000 feet or less to the inch with a twenty-foot or less contour interval to show:

1) Existing data.

2) Location of proposed site.

3) Land use pattern including building locations and historical sites and buildings.

4) Roads, indicating major roads and showing width, weight loads, types of surfaces and traffic data.

(b) Proposed uses or facilities within 100 feet of the site proposed for the use:

1) Subdivisions.

2) Parks, schools and churches.

3) Highways (new and reconstructed).

4) Other uses potentially affecting or affected by the proposed extractive operation.

(c) Plan of proposed site at a scale of 100 feet or less to the inch with a five-foot or less contour interval to show:

1) Basic data.

2) Soils and geology.

3) Groundwater data and watercourses.

4) Vegetation with dominant species.

5) Wind data directions and percentage of time.

(d) Proposed usage.

1) Final grading by contours.

2) Interior road pattern, its relation to operation yard and points of ingress and egress to state and Township roads.

3) Estimated amount and description of aggregate and overburden to be removed.

4) Ultimate use and ownership of site after completion of operation.

5) Source and amount of water if final plan shows use of water.

6) Plan of operation showing proposed tree screen locations.

7) Soil embankments for noise, dust and visual barriers and heights of spoil mounds.

8) Method of disposition of excess water during operation.

9) Location and typical schedule of blasting.

10) Machinery - type and noise levels.

11) Safety measures - monitoring of complaints.

(e) Minimum lot area: 15 acres.

(f) Minimum lot width at building setback line: 300 feet.

(g) Performance standards.

1) Operations. Extractive operations shall meet all other standards of this chapter.

2) Setbacks. No excavation, quarry wall, storage or area in which processing is conducted shall be located within 200 feet of any lot line, 200 feet of any street right-of-way, or within 200 feet of any residential or agricultural district boundary line.

3) Grading. All excavations, except stone quarries over 25 feet in depth, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.

a) Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of waste products of the manufacturing operation or other clean fill materials, providing such materials are composed of nonnoxious, noncombustible solids.

b) Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such materials or 45° in angle, whichever is less. During grading and backfilling, the setback requirements in paragraph (g)2) above may be reduced by 1/2, so that the toe of the graded slope shall not be closer than 100 feet of any agricultural or residential district boundary line, any lot line or any street right-of-way. Stockpiles shall not exceed 100 feet in height.

c) When excavations which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.

d) Drainage, either natural or artificial, shall be provided so that disturbed areas shall not collect water or permit stagnant water to remain.

(h) Access. Truck access to any excavation shall be so arranged as to minimize danger to traffic and avoid nuisance to surrounding properties.

(i) Planting. When planting is the final use to which the tract is put, all that is not covered by water shall be covered with a sufficient amount of arable soils to support vegetation. A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of soil erosion and to provide vegetative cover. When buildings are proposed as part of the final use to which the tract is put, planting in areas adjacent to proposed buildings shall be planted with a vegetative cover in keeping with the requirements of the ultimate building purposes.

(j) Stone quarry. Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:

1) A screen planting within the setback area as specified in paragraph (g)2) above shall be required. Such a screen shall be no less than 25 feet in width and set back from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.

2) A chain-link (or equal) fence at least 10 feet high and with an extra slanted section on top strung with barbed wire shall be placed at either the inner or outer edge of planting completely surrounding the area.

3) Warning signs shall be placed on the fence at intervals of no more than 100 feet.

4) No ground vibration caused by blasting or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 to 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line. Blasting shall not occur between the hours of 10:00 p.m. and 7:00 a.m.

5) Applicants for this use shall submit a water impact study in accordance with the requirements of this chapter.

6) Blasting. No blasting or use of explosives shall be permitted upon said quarry except in accordance with the laws of the Commonwealth of Pennsylvania and in accordance with the regulations that may be promulgated by the Secretary of Labor and Industry of the Commonwealth of Pennsylvania, and prior to the firing of a blast or the setting off of explosives in any quarry in the Township, said owner/operator shall advise, at least 24 hours prior to the time of said detonation, one adult occupant of each dwelling located on a property adjoining the property line of said quarry as to the date and time that said blast will be detonated.

7) Conformity to federal, state and local laws. All permitted quarrying and related uses and operations shall conform to any applicable federal, state and local statutes, ordinances, regulations and standards relative to water or air pollution, particle emission, noise, waste disposal, vibration, land rehabilitation and reclamation, and performance bond requirements. The applicable laws shall include, but not be limited to, the Cleans Streams Act and the Surface Mining Conservation and Reclamation Act, as amended.

8) The applicant shall submit a reclamation plan which shall designate how the land will be returned to productive use after the completion of quarrying on the site.

(10) Use 64, Solid Waste Facility. Solid waste facility shall mean one or more of the following:

COMPOSTING PLANT

A facility at which composting is done. "Composting" shall mean the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. "Compostable material" shall mean organic waste which is capable of undergoing composting. Composting activities associated with normal farming operations shall not be included in this definition of "composting plant."

LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL

A Pennsylvania Department of Environmental Protection-approved facility for disposing of solid waste on land without creating nuisances or hazards to the public health or safety.

RECYCLING CENTER

A facility established to receive, process, store, handle and ship recyclable materials.

RESOURCE RECOVERY FACILITY

A plant, establishment, set of equipment or other operation that recovers materials or products, including heat, electricity or recyclable materials, from otherwise waste materials. A resource recovery facility shall not include a landfill.

TRANSFER STATION

A facility which receives and temporarily stores solid waste or recyclable materials at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste or recyclables to a facility for further processing or disposal.

(a) Dimensional requirements.

1) Minimum net lot area: 10 acres.

2) Maximum building coverage: 10%.

3) Minimum lot width: 450 feet.

4) Minimum front yard: 200 feet (400 feet if adjacent to residences or a residential district).

5) Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district).

6) Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district).

(b) Landscaping shall be provided to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site, and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line, which shall be planted around the perimeter of the site in accordance with the buffer standards of Chapter 22, Subdivision and Land Development.

(c) The facility shall be screened by fencing, walls, berming and other site improvement features to complement the proposed landscaping buffer and shall be surrounded by adequate fencing to prevent unauthorized entry.

(d) The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions and water effluents, as required under appropriate and relevant Township, federal and state environmental laws.

(e) The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this section.

(f) The facility shall not include any building or structure with a height in excess of 35 feet.

(g) The facility shall have a contract with a pest and rodent control company for the regular elimination and control of rat, flies, vermin and other rodents, insects and pests that might become vectors for carrying disease.

(h) No use shall emit odorous gases or other odorous matter in such quantities as to be humanly perceptible at or beyond any point at its lot lines.

(i) All solid waste facilities shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection.

(j) Environmental impact assessment required. No solid waste facility shall be approved without the preparation and filing of an environmental impact assessment.

(11) Use 65, Standard Self-Storage Facility. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles.

(a) Dimensional requirements.

1) Minimum lot area: 10 acres.

2) Maximum building coverage: 60%.

3) Maximum impervious surface ratio: 80%.

4) Minimum setbacks from street line: 75 feet.

5) Minimum setbacks from other lot lines: 100 feet.

6) Minimum lot width: 150 feet.

7) Maximum height storage units: 12 feet.

8) Minimum aisle width between buildings: 26 feet.

9) Maximum size of any individual storage unit: 300 square feet.

(b) The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township. The outside perimeter of the fence shall be surrounded by an evergreen hedge which shall provide a visual screen, with evergreens a minimum of six feet in height planted every six feet.

(c) Outdoor storage of automobiles, boats, recreation vehicles is permitted if they are within the fenced area, provided that the parked vehicles shall not interfere with traffic movement through the complex and are not visible from the street.

(d) An office and residence is permitted as an accessory use to provide for a full-time caretaker.

(e) Minimum requirements for lease restrictions.

1) No retail business activities may be conducted from the leased storage units; no rental of trucks or vehicles.

2) No storage of explosive, toxic, radioactive or highly flammable materials.

(12) Use 66, Indoor Self-Storage Facility. Warehouse/storage units entirely contained within a structure (existing or proposed) provided for lease to the general public for the purpose of storage of articles.

(a) Dimensional requirements.

1) Minimum building size: 25,000 square feet.

2) Minimum setbacks from street line: 75 feet.

3) Minimum setbacks from other lot lines: 100 feet.

4) Minimum lot width: 150 feet.

5) Maximum height of buildings: 35 feet.

(b) Outdoor storage not permitted.

(c) Minimum requirements for lease restrictions:

1) No retail business activities may be conducted from the leased storage units; no rental of trucks or other motor vehicles.

2) No storage of explosive, toxic, radioactive or highly flammable materials.

(13) Use 67, Fuel Storage and Distribution. Storage and distribution of fuel oil, coal or other fuel products. This use does not include a fueling station as defined by this chapter.

(a) Minimum lot area: five acres.

(14) Sales of consumer fireworks.[8]

[Added by Ord. 583, 5/9/2018]

[8] Editor's Note: See § 27-1001 for regulations regarding the sale of consumer fireworks as a conditional use in the I Industrial District.

H. Accessory uses.

(1) Use 68, No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions, to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

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

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

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

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

(e) The 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.

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

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

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

(2) Use 69, Accessory Office of a Physician, Lawyer, Clergyman, Teacher, Architect, Accountant or Tutor.

(a) The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.

(b) The floor area devoted to such professional use shall be equivalent to not more than 25% of the ground area covered by the practitioner's dwelling, excluding the ground area covered by an attached garage or such other similar building.

(c) No more than two employees, assistant or associate, in addition to the resident practitioner shall be employed on the premises.

(d) No external alterations shall be made which involve construction features not customary in dwellings.

(e) The accessory professional use shall have direct access to an arterial street as herein defined.

(3) Use 70, Residential Accessory Building or Structure. A private garage or accessory building which is not an integral structural part of a main building may be erected in the rear, whenever possible, and/or side yards in a residential zoning district, provided it shall be situated entirely to the rear of the main building and not less than three feet from any property line when situated to rear of main building, except that a common or joint garage which is not an integral structural part of the main building may be erected in conjunction with the owner of an adjoining lot on a common property line, but such a common or joint garage must also be entirely to the rear of the main building on both lots. Buildings such as detached garages, storage sheds, bath houses, greenhouses or other accessory structures shall not exceed a total of 500 square feet of ground-floor area on any single lot and shall not exceed a height of 15 feet. Any accessory building situated to the side of the main building shall be located 50 feet from the front property line and five feet from the side yard property line.

(4) Use 71, Family Day Care. A family day-care use is a facility operated for remuneration in which child day care is provided at any one time to up to six children, including relatives of the caregiver and nonrelatives, and where the child-care areas are part of a family residence wherein the caregiver resides, subject to conformance with the following additional regulations:

(a) A family day-care use shall only be permitted as an accessory use in a single-family detached dwelling.

(b) The owner and operator of a family day-care use must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration or license as required shall result in a termination of the special exception approving same, and it shall be the affirmative obligation of the owner and operator of a family day-care use to provide, annually, proof to the Township that the registration certificate or license is valid for each year.

(c) A family day-care use must be located in a residence which has frontage on a public street, and the operation of the family day-care use must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Zoning Officer may require additional off-street parking and driveway area as a condition of the grant of any zoning permit.

(d) Persons engaged in a family day-care use shall be limited to the members of the household of the operator residing on the premises.

(e) There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

(5) Use 72, Nonresidential Accessory Building or Structure or Use customarily incidental to the uses permitted in nonresidential districts in connection with such uses, except outside storage, provided that any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception and shall include the following:

(a) Office, commercial and industrial uses may provide cafeterias for their customers, employees and/or guests and may provide day-care facilities for their employees, provided that:

1) The employees placing their children in the day-care facility do not leave the premises while the children are on the premises; with the exception that employees may leave the premises on their usual duties.

(b) Office uses may include newsstands, coffee shops and/or sandwich shops (which may sell sundries) which primarily serve the employees of the office uses, provided that:

1) The accessory use is only open during normal business hours, i.e., 7:00 a.m. to 6:00 p.m. Monday through Friday.

2) There is no exterior signage for the accessory use.

3) There is no sit-down seating.

(6) Use 73, Motor Vehicle Fuel Pumps. Standalone facilities for dispensing motor vehicle fuel, with or without a cashier's booth, which is limited to location as an accessory use to a large retail center. NOT a motor vehicle fueling station as defined in this chapter.

(7) Use 74, Heliport. Shall be regulated by the following:

(a) This use permits a business only in those zoning districts where the use is permitted to establish a heliport for its respective corporate purposes. This use does not permit establishment of an independent helicopter transport business. The use shall be buffered from other adjoining incompatible uses, such as day-care and residential uses and districts. The standards are required to maximize attention to the proper site design, including the location of structures and parking areas, proper ingress and egress, development of an interior street system where applicable, architectural design, landscaping and compatibility of any proposal with natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances while maintaining visual continuity throughout the host site.

(b) Access shall be taken from an interior roadway, a common access drive, approved building landing pad, parking lot or rail line for shipping and freight purposes.

(c) Where this use is approved by the Board of Supervisors for an at-grade location, and unless otherwise required of the host site, a fence shall be constructed that is a minimum of six feet high along with a dense screen planting of evergreens, berming suggested, 20 feet in depth, as a visual and sound barrier along the boundary on the sides and rear of the parcel. Trees shall be planted in accordance with the tree list set forth in Chapter 22, Subdivision and Land Development.

(d) Except for emergency uses and those required by law, the heliport operations shall be scheduled between the hours of 6:00 a.m. and 9:00 p.m.

(e) No parcel where a heliport is proposed to be built may be within 500 feet of a building in which a day-care program is maintained except as an accessory use to an inhouse business.

(f) This use must comply with all federal, state and local laws.

(8) Use 75, Nonresidential Wind Energy System. A nonresidential wind energy system is a device which converts wind energy to mechanical or electrical energy and which is permitted as an accessory use and structure in nonresidential districts only, in accordance with the following regulations:

(a) Wind system shall be permitted as an accessory use only. Power generated by a windmill under this section shall not exceed 20 kilowatts. There shall be no commercial use of windmills for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with existing law or other governmental regulation, so long as the overall energy output of the windmill does not exceed the limits set forth under this paragraph.

(b) No wind system shall be permitted in any open space area that has been set aside either as part of a development or preserved through a Township, county, state, federal or conservancy preservation program.

(c) A wind energy system may be a freestanding pole structure or may be attached to another structure or building; however, only one windmill shall be permitted on any lot or tract of land.

(d) Every proposed wind system, whether freestanding or attached to another structure, shall be designed and engineered to provide for safe operation. Detailed engineering plans, prepared by a licensed professional engineer, for all proposed wind systems shall be submitted with applications for approval. If an attached system is proposed, these engineering studies shall demonstrate to the satisfaction of the Township that the wind system shall not compromise the structural integrity of the building to which it is attached.

(e) Maximum height. The maximum height of any wind system is 50 feet, measured from the average approved finished grade at the perimeter of the windmill foundation to the highest vertical point of a blade at its maximum vertical position. No nonresidential windmill which is mounted upon an existing structure shall exceed a maximum height of 15 feet above the highest point of the existing structure. For any freestanding wind system which is proposed at a height of 20 feet or greater, a minimum lot area of one acre is required.

(f) All wind systems shall be set back a minimum of 2.5 times the height of the structure, including the blade as extended to its highest position, from any lot line, aboveground utility line or pole. No windmill shall be placed in a front yard.

(g) All facilities shall meet the applicable electrical codes and installation shall be performed by a licensed electrical contractor.

(h) Nuisance standards. All wind systems shall be designed to avoid any adverse impacts on surrounding properties. No lights shall be permitted on the wind system. All applications shall contain information on the proposed color, orientation, design of the system, and any electrical interference effects.

(i) Access control. Access to the system shall be controlled by a fence with a height of eight feet with locking portal. The ground-level equipment and structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing.

(j) A minimum of one sign shall be posted near ground level or on the tower structure, warning of high voltage. The electric and utility lines to and from a wind system shall be underground.

(k) Access to a windmill shall not be provided any lower than 15 feet at the highest point of the windmill base.

(l) There shall be no antennas, advertising or other items or material affixed to or otherwise placed upon a windmill, except those required for safety or otherwise required by the Township.

(m) No windmill shall be permitted which lacks an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding and/or excessive pressure on the windmill or any of its component parts. Windmills shall meet any and all applicable manufacturer's specifications, as well as any state or federal standards regarding their installation and operation. All windmills shall be built, operated and maintained to applicable industry standards, as determined by the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI).

(n) The Township Zoning Officer may require an annual inspection report, prepared by an independent, licensed professional engineer, to be provided by the owner not less than 30 days from the date of a written notice to the owner requiring such inspection. The report shall certify the structural soundness and proper operation of the windmill.

(o) Any windmill which has not been in active and continuous service for a period of one year shall be removed from the property and the site restored to its preconstruction condition.

(p) A building permit shall be obtained for any wind energy system, and all systems shall be designed to conform to applicable industry standards, as well as the Uniform Construction Code. All wiring shall conform to the requirements of the National Electric Code (NEC). In addition, each installation shall be made in accordance with any local grid connection and metering requirements of the utility provider.

(9) Use 76, Residential Wind Energy System. A residential wind energy system is a device which converts wind energy to mechanical or electrical energy and which is limited to use on residential lots. Each residential wind energy system shall generate energy exclusively for the underlying residential use, shall be permitted only as an attachment to an existing building and not as a standalone structure, shall have a maximum height equivalent to the maximum building height permitted in the zoning district in which it is located, and shall be subject to the design, safety, inspection, lot area and removal standards set forth in the requirements for nonresidential wind energy systems contained under this part. Only one windmill may be installed on any lot or tract of ground, and such windmill shall not generate in excess of 10 kilowatts.

(10) Use 77, Solar Energy Systems. A solar energy system is permitted as an accessory use in any district, subject to the following standards:

(a) The solar energy system shall provide power for the principal use of the property and shall not be used for the generation of power for the sale of power to other users; provided, however, that excess energy produced by the system may be sold to a public utility in accordance with existing law or governmental regulation.

(b) The solar energy system may be mounted on the ground or on a roof and shall receive approval from the local utility provider for the connection of such system to the utility grid.

(c) No solar energy system mounted upon any structure may exceed the maximum building height for the district where it is located. A ground-mounted system shall not exceed the maximum height for an accessory structure.

(d) The surface of a ground-mounted system shall be calculated as a part of the overall impervious coverage and shall constitute no more than 2% of the allowable lot coverage or 360 square feet, whichever is less. All ground-mounted systems shall be enclosed in a fenced area.

(e) No solar energy system shall be located in a front yard. Mechanical equipment associated with the system shall be screened from view from any adjacent parcel and shall be set back a minimum of 10 feet from the rear or side property lines.

(f) All power connections from a ground-mounted system to a structure shall be located underground. Each installation shall include a shutoff control prominently located in a conspicuous place, which is readily accessible to emergency service providers.

(g) No advertising devices or signs, including banners, streamers, ribbons, pennants or spinners, shall be affixed to the system. The manufacturer's or installer's identification and any appropriate warning signs and placards shall be displayed on the system, in accordance with the sign regulation contained under this chapter.

(h) A building permit shall be obtained for any solar energy system, and all systems shall be designed to conform to applicable industry standards, as well as the Uniform Construction Code. All wiring shall conform to the requirements of the National Electric Code (NEC). In addition, each installation shall be made in accordance with any local grid connection and metering requirements of the utility provider.

(i) Solar energy systems shall meet the requirements of any and all other applicable Township ordinances, codes or regulations.

(11) Use 78, Accessory In-Law Dwellings. Accessory In-Law Dwellings are permitted as accessory uses only for single-family detached dwellings.

(a) The minimum lot area for the use in the district in which the dwelling is located is required for the principal dwelling in order to be eligible to add an accessory in-law dwelling.

(b) A permit from the Township shall be required, as well as an annual inspection.

(c) Only one accessory in-law dwelling shall be allowed per lot.

(d) Accessory in-law dwellings shall be part of the principal residence, provided that there is a door connecting the in-law suite to the remainder of the residence. No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.

(e) Accessory in-law dwellings shall not be located in cellar or basement areas (area having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground), except where at least one wall of the accessory in-law dwelling is at grade level with direct access to the outside from the accessory in-law dwelling.

(f) There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.

(g) The height of the accessory building to be used for the accessory in-law dwelling shall not exceed the height of the principal dwelling.

(h) Parking shall be provided for the in-law suite at the rate of one space per bedroom contained within the suite.

(i) As a condition of the issuance of a permit from the Township for an accessory in-law dwelling, the owner of the property shall provide the Township with an affidavit confirming the relationship of the in-law dwelling tenant to the property owner and shall consent to an annual inspection by the Township as a part of the issuance of a permit. Failure to comply with this provision shall result in the denial/revocation of any requested or issued permit.

(j) No accessory in-law dwelling shall exceed an aggregate of 600 square feet.

(12) Use 79, Accessory Drive-Through Facility.

(a) A drive-through facility is any vehicle-related commercial facility where a service is provided or goods, food or beverages are sold to the operator of or passengers in a vehicle without the necessity of the operator or passengers disembarking from the vehicle. Any facility which proposes a drive-through or drive-up window as an accessory facility to a retail, service, financial, restaurant or other use where customers are served in their vehicles shall be subject to the requirements set forth in this section.

(b) General standards. A drive-through facility is subject to the following standards, in addition to those standards for a drive-through facility set forth in § 22-511 of Chapter 22, to the extent such standards exceed or differ from the following standards:

1) The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts. A bypass lane/escape lane shall be provided for all drive-through facilities.

2) To minimize the impact of drive-through facilities located adjacent to residential uses, hours of operation shall be set as a condition of approval of the use.

3) Frontage requirements. Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

4) Stacking distance.

a) A stacking area, separated from other traffic circulation on the site, is to be provided for vehicles waiting for service in the drive-through lane.

b) The stacking distance shall be as follows:

	Use	Minimum Number of Vehicles
	Eating place	5
	Bank	3
	Car wash	5
	Dry cleaner	2
	Pharmacy	2
	Other uses	As determined by SALDO (see Chapter 22)