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Newtown Area Zoning Jointure, PA
Bucks County
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[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Except as provided by law or in this Ordinance, in each district no building, structure, or land shall be used or occupied except for the purpose permitted in the zoning districts as indicated in Articles III, IV, V, VI, and VII herein.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
All uses permitted by right, conditional approval, or special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and such other provisions as are specified in other Articles herein.
In particular, the laws of the Commonwealth and the regulations of the Bucks County Department of Health regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the Bucks County Department of Health for sewage disposal, unless the premises are served by public water and/or sewage facilities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A. 
Temporary Residential Use. No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.
B. 
Nonconforming Temporary Use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of § 803, Temporary Structure, Use H-7.
[Amended effective 5/13/2002 by JMZO Ord. 2002-05, § 1; adopted 5/8/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article III; adopted 11/20/2002. Amended effective 12/16/2002 by JMZO Ord. 2002-12, § 1; adopted 12/11/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, §§ I and II; adopted 11/20/2002. Amended effective 12/15/2003 by JMZO Ord. 2002-10, §§ A, B; adopted 12/10/2003. Amended effective 6/28/2004 by JMZO Ord. 2004-5, § 11; adopted 6/23/2004. Amended effective 8/28/2004 by JMZO Ord. 2004-14, §§ 12 - 14; adopted 8/23/2004. Amended effective 4/18/2005 by JMZO Ord. 2004-17, §§ 01 - 03; adopted 4/13/2004. Amended effective 3/28/2005 by JMZO Ord. 2004-18, Art. I; adopted 3/23/2005. Amended effective 6/10/2006 by JMZO Ord. 2006-01, §§ I - III; adopted 6/5/2006. Amended effective 8/14/2006 by JMZO Ord. 2006-07, § 01; adopted 8/9/2006. Amended effective 10/2/2006 by JMZO Ord. 2006-09, § XI; adopted 9/27/2006. Amended effective 8/14/2006 by JMZO Ord. 2006-12, § I; adopted 8/9/2006. Amended effective 12/23/2006 by JMZO Ord. 2006-13, § 1; adopted 12/18/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 5/7/2007 by JMZO Ord. 2006-04, §§ 1 and 2; adopted 5/2/2007. Amended effective 10/29/2007 by JMZO Ord. 2006-05, § 1, 2, and § 3; adopted 10/24/2007. Amended effective 7/23/2007 by JMZO Ord. 2006-06, § 2; adopted 7/18/2007. Amended effective 7/23/2007 by JMZO Ord. 2006-20, § 7; adopted 7/18/2007. Amended effective 6/16/2008 by JMZO Ord. 2007-05, §§ 01, 02; adopted 6/11/2008. Amended effective 10/11/2008 by JMZO Ord. 2008-08, § 01; adopted 10/6/2008. Amended effective 12/22/2008 by JMZO Ord. 2008-09, § 02; adopted 12/17/2008. Amended effective 9/27/2010 by JMZO Ord. 2010-02, § 03; adopted 9/22/2010.]
A. 
Principal Agricultural Uses. Agriculture is an ever-evolving industry. It is the intention of this Section to allow all normal agricultural operations including, but not limited to, the following:
A-1. 
Agriculture and Horticulture. Agriculture and horticulture shall include uses such as tilling of soil; raising of livestock, horses, or poultry; growing trees, shrubs, flowers, or vegetables; and related farmhouses and usual farm buildings, provided:
1. 
Farm Unit. Single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner. This use is subject to the following provisions:
a. 
One dwelling unit per full time employee is permitted, at a net density of 0.033 dwelling units per acre, with a maximum of three dwelling units per 100 acres.
b. 
One dwelling unit per immediate family member is permitted, at a net density of 0.04 dwelling units per acre, with a maximum of four dwelling units per 100 acres. Immediate family members shall be limited to fathers, mothers, brothers, sisters, sons and daughters.
c. 
This use shall require a minimum lot size of one acre. The municipality shall deduct one acre from the gross site area upon the issuance of a building permit for each such use. Each dwelling shall be separated from the next by a minimum of 100 feet. No dwelling shall be constructed closer than 50 feet to any property line.
d. 
When this use is proposed, the maximum number of units permitted pursuant to (a) and (b) shall be determined. The remaining gross site area shall be deed restricted to those uses permitted in the CM District; and to the maximum number of Farm Units permitted less the number of Farm Units proposed. Said deed restriction shall be approved by the municipal solicitor.
2. 
Accessory Farm Buildings. All buildings associated with this use, i.e., barns, sheds, silos, etc., shall be permitted provided:
a. 
Animal shed, manure storage, or like use shall not be located any closer than 100 feet to any property line or closer than 200 feet to any street line or dwelling other than a farm unit.
b. 
Other accessory farm buildings shall be located no closer than 75 feet to any property line.
3. 
Livestock and Poultry.
a. 
Livestock.
(1) 
Livestock shall not be permitted to over-graze any property in the Jointure Municipalities except during the winter months of November through February. Over-grazing shall be defined as grazing to the point of removing all or almost all vegetative growth from the ground, leaving only one inch or less of cover.
(2) 
The keeping of animals other than pets on 10 acres or more of contiguous land shall be governed by Pennsylvania Act 38 of 2005, as may be amended, known as the Agriculture, Communities and Rural Environment Act ("ACRE").
(3) 
The keeping of grazing animals including, but not limited to, horses, cows, goats and sheep, on contiguous land consisting of less than 10 acres but greater than three acres, shall be limited to no more than one unit of grazing animals as defined on the first three acres of contiguous land, and one unit of grazing animals per acre for each contiguous acre over three acres.
(4) 
The keeping of non-grazing animals including, but not limited to, pigs, on contiguous land consisting of less than 10 acres but greater than three acres, shall be limited to no more than five head of non-grazing animals on the first three acres of contiguous land, and five head of non-grazing animals per acre for each contiguous acre over three acres.
(5) 
The keeping of non-grazing animals, including but not limited to pigs, on contiguous land consisting of three acres or less shall be limited to five head of non-grazing animals.
(6) 
The keeping of both grazing and non-grazing animals on the same acreage described above will be limited to the maximum number of grazing and non-grazing animals for the acreage provided in the preceding paragraphs.
(7) 
Riding academies, livery or boarding stables, and commercial dog kennels, and the raising of fur-bearing animals are not included in this provision and must meet the requirements of uses A-4 or A-5, as applicable, herein.
(8) 
All pastures for grazing livestock shall be fenced along paddock lines of sufficient height and type to contain livestock on the property. The maximum height provisions governing fences in the front yard set forth in §§ 803.H-3.1.a. and 803.H-3.1.e. of this Ordinance shall not apply to the keeping of livestock.
(9) 
All non-grazing animals shall be kept in defined enclosures or areas of a type to contain the non-grazing animals on the property.
(10) 
Commercial livestock operations involving more than the number of head of livestock provided for in § 803.A-1.3.a shall be regulated as Intensive Agriculture, Use A-2.
b. 
Poultry.
(1) 
The keeping of poultry shall be limited to lots which contain at least three acres of land, and shall be limited to no more than 25 head of poultry for the first three acres and up to 25 additional head of poultry per acre up to 10 acres.
(2) 
Commercial poultry operations involving more than 25 head of poultry per acre shall be regulated as Intensive Agriculture, use A-2.
(3) 
All poultry shall be kept in defined enclosures or areas of a type to contain the poultry on the property. The maximum height provisions governing fences in the front yard set forth in §§ 803.H-3.1.a and e. shall not apply to the keeping of poultry.
c. 
Exemption. Members of youth programs sponsored and organized for the purpose of agricultural education and involving traditional agricultural animals, are hereby exempted from the provisions of this subsection 3, during the keeping and raising of traditional agricultural animals within the parameter of the youth programs.
d. 
Pets, Accessory to Residential Use. The keeping of animals as pets, accessory to a residential use, will be governed by ordinance enacted by the participating municipalities.
4. 
Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.
5. 
Aquaculture. Aquaculture is defined as the farming of aquatic organisms including fish, mollusks, crustaceans and aquatic plants with some sort of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Aquaculture also encompasses individual or entity ownership of the organism being reared, harvested and/or cultivated in contrast to capture fisheries in which aquatic organisms are exploited as a common property source, irrespective of whether harvest is undertaken with or without exploitation rights. Aquaculture is permitted as part of an agriculture and horticulture use; provided that:
a. 
A minimum one-hundred-foot setback shall be provided between any adjoining property/structure and any tank, pond, body of water or other structure built or used in relation to an aquaculture operation activity.
b. 
All required federal, state, and county permits have been obtained to the satisfaction of the Township.
A-2. 
Intensive Agriculture. Intensive agriculture, including but not limited to feedlots, confinement livestock, or poultry operations taking place in structures or closed pens, shall be permitted subject to the following:
1. 
The minimum site area for such use shall be 10 acres.
2. 
Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1.
3. 
The maximum permitted impervious surface ratio of the site shall be 20%.
4. 
All applicable regulations of the Pennsylvania Department of Environmental Protection shall be met.
5. 
If any stream or swale is present, it shall be buffered by a twenty-foot strip outside of the outer edge of the floodplain or alluvial soils. An engineering study shall be required insuring the stream is adequately protected from pollution.
6. 
Parking. No less than one off-street parking space per two employees.
A-3. 
Forestry.
1. 
Policy; Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is the policy of the Participating Municipalities to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values. The forestry regulations contained herein are intended to further this policy by (1) promoting good forest stewardship; (2) protecting the rights of adjoining property owners; (3) minimizing the potential for adverse environmental impacts; and (4) avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
2. 
Scope; Applicability. A zoning permit shall be required for all forestry activities, however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted from the permit requirement:
a. 
Removal or 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 single acre of woodlands per year which are 12 inches or more in diameter, measured at a point four feet above grade, and not covered by the exemptions in the foregoing two subsections.
d. 
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 30 feet of such building, structure or use, and all space within 10 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses.
e. 
Pulp farming, in checkerboard fashion not to exceed 50% of the total area of the forest on the lot. The areas cut shall be reforested.
f. 
Christmas tree farming.
g. 
Orchard operations.
h. 
Removal of Nursery Stock.
3. 
Definitions. As used herein, the following terms shall have the meanings given them in this Section.
a. 
"Clear cutting" means the removal and cutting of an entire timber stand.
b. 
"Felling" means the act of cutting a standing tree so that it falls to the ground.
c. 
"Forestry" means the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
d. 
"Landing" means a place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
e. 
"Litter" means discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
f. 
"Lop" means to cut tops and slash into smaller pieces to allow the material to settle close to the ground.
g. 
"Operator" means an individual, partnership, company, firm, association or corporation engaged in forestry activities, including the agents, subcontractors and employees thereof.
h. 
"Landowner" means an individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer forestry activities.
i. 
"Precommercial timber stand improvement" means a forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
j. 
"Skidding" means dragging trees on the ground from the stump to the landing by any means.
k. 
"Slash" means woody debris left in the woods after logging, including logs, chunks, bark, shavings, woodchips, branches, uprooted stumps and broken or uprooted trees or shrubs. Stumps shall be cut to within six inches of the ground.
l. 
"Stand" means any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
m. 
"Stream" means any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
n. 
"Timber harvesting, Tree harvesting or Logging" means the processing of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
o. 
"Top" means the upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
4. 
Permit; Preparation of a Forestry/Logging Plan.
a. 
Permit. All forestry operations shall require a zoning permit from the Township and shall meet all requirements of subsections four and five of this Article before issuance of the permit.
b. 
Notification of Commencement or Completion. For all forestry operations the landowner shall notify the Township Enforcement Officer at least 10 business days before the operation commences and within five business days before the operation is complete. The landowner whose land is to be harvested shall provide at least fourteen days' written notice to all property owners within 500 feet of the site of the harvest. No forestry operations shall occur until the notices have been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting and/or completion dates of the operation.
c. 
Logging Plan. Every landowner on whose land forestry operations is to occur shall prepare a written logging plan in the form specified by this Ordinance. No forestry operation shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Enforcement Officer upon request.
d. 
Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
5. 
Contents of the Forestry/Logging Plan.
a. 
Minimum Requirements. As a minimum, the logging plan shall include the following:
(1) 
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landing;
(2) 
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars;
(3) 
Design, construction and maintenance of stream and wetland crossings;
(4) 
The Forestry Management Plan must provide for a selective cut which will maintain the diversity of species, age and height of the forest with emphasis on the preservation of endangered native tree species.
(5) 
Copies of all required permits shall be submitted as an appendix to the plan;
(6) 
Proof of current general liability and/or worker's compensation insurance;
(7) 
Proof of PennDOT Highway Occupancy Permit or Township Driveway Permit for temporary access, as applicable;
(8) 
Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.
b. 
Map. Each forestry/logging plan shall include a site map containing the following information:
(1) 
Site location and boundaries, including both the boundaries of the property on which the forestry will take place and the boundaries of the proposed harvest area within that property;
(2) 
Significant topographic features related to potential environmental problems;
(3) 
Location of all earth disturbance activities such as roads, landings and water control measures and structures;
(4) 
Location of all crossing of waters of the Commonwealth; and
(5) 
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
c. 
Compliance with State Law. The forestry/logging plan shall address and comply with requirements of all applicable state laws and regulations including, but not limited to, the following:
(1) 
Erosion and sedimentation control regulations contained in 25 Pa.Code, Chapter 102, promulgated pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.;
(2) 
Stream crossing and wetlands protection regulations contained in 25 Pa.Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act, 32 P.S. § 693.1 et seq.; and
(3) 
Stormwater management plans and regulations issued pursuant to the Storm Water Management Act, 32 P.S. § 680.1 et seq.
d. 
Compliance with Federal Law/Regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the Best Management Practices (BMPs) as set forth at 33 CFR 323.4(a)(6)(i-xv).
e. 
Compliance with County and Township Regulations and Ordinances. The forestry logging plan shall verify compliance with the applicable Township's Stormwater Management Ordinance, as well as all erosion and sediment control measures set forth in the Ordinances of the Township as well as erosion and sediment control requirements of the Bucks County Conservation District.
6. 
Forestry Practices. The following requirements shall apply to all forestry operations in the applicable Township.
a. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
b. 
No harvest area shall be located within 50 feet of a property line, or within 50 feet of a public or private road other than a driveway owned and used exclusively by the of the owner of the property on which the harvest will be conducted.
c. 
No tops, slash, or woodchips shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
d. 
All tops, slash, and woodchips between 25 feet and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
e. 
No tops, slash, or woodchips shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
f. 
Litter resulting from a forestry operation shall be removed from the site before it is vacated by the operator.
g. 
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
h. 
No forestry/logging use shall be permitted within areas with slopes of 8% or greater.
i. 
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable groundcover.
j. 
Clear cutting of woodlands as defined by this Ordinance shall be prohibited.
7. 
Financial security shall be established in a manner acceptable to the applicable Township to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and restoration of the site upon completion of logging operations. Pursuant to 67 Pa.Code, Chapter 189, the applicable Township may also require the landowner or operator to furnish a bond to guarantee the repair of such roads.
8. 
Enforcement.
a. 
Inspections. The applicable Township Enforcement Officer may go upon the site of any timber harvesting operation before, during or after active logging to: (1) review the logging plan or any other required documents for compliance with this Ordinance; and (2) inspect the operation for compliance with the logging plan and other on-site requirements of this Ordinance.
b. 
Violation Notices, Penalties. Upon finding that a forestry operation is in violation of any provisions of this Ordinance, or is operating without a permit as required by this Ordinance, the Township shall issue the operator and the landowner an enforcement notice in accordance with § 616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. 10616.1, as amended. Any landowner or operator who violates any provision of this Ordinance shall be subject to a fine in accordance with § 1700.E. of this Ordinance.
A-4. 
Riding Academy. Riding academy, livery, or boarding stable, subject to the following provisions:
1. 
A lot area of not less than 10 acres shall be required.
2. 
Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1.
3. 
On sites of less than 15 acres, no more than one horse per acre shall be permitted.
4. 
Horse shows shall be permitted only by special exception.
5. 
Parking. No less than one off-street parking space shall be provided for every three persons present at such facilities when they are used to capacity.
A-5. 
Kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling, or boarding for a fee is permitted, provided the following conditions are met:
1. 
Minimum lot size shall be 25 acres.
2. 
No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.
3. 
The total number of dogs on the property shall not exceed five dogs per acre, excluding dogs under six months old.
4. 
Parking. No less than one off-street parking space for each employee plus (1) space for each eight animals in capacity except for training where one space shall be provided for each three animals.
A-6. 
Commercial Nursery and Greenhouse. The growing of plants, shrubs, or trees, either from seed or from immature plants that are raised to marketable size.
1. 
This use does not include a retail garden center. A retail garden center shall be considered to be use E-1 or E-2 and shall meet the zoning requirements for use E1 or E2, whichever is applicable.
2. 
Commercial Nursery uses shall meet the following requirements:
a. 
Minimum lot size: three acres.
b. 
Maximum impervious surface: 10%.
c. 
All structures and buildings shall meet the yard and setback requirements for the use B-1 for the district in which the nursery is located.
d. 
Sales of items grown at the nursery shall be conducted in accordance with H-15.A, Roadside Stands for Sale of Agricultural Products Grown on Site.
e. 
For nursery uses on lots of 10 acres or more, the use is eligible for additional accessory use H-15.B., Agricultural Sales of Farm Products, provided that all the requirements of use H-15.B are met.
f. 
Parking shall be provided in designated areas. Driveways shall be paved and shall include a tire-cleaning area at the entrance to the nursery if the parking area is not paved.
3. 
Commercial Greenhouse uses shall meet the following requirements:
a. 
Minimum lot size: five acres.
b. 
Greenhouses include any structure for indoor or enclosed growing of plants, including permanent buildings, hoop houses, and temporary enclosures.
c. 
Maximum impervious surface: 10%.
d. 
Sales of items grown shall be conducted in accordance with H-15.A, Roadside Stands for Sale of Agricultural Products Grown on Site.
e. 
For greenhouses uses on lots of 10 acres or more, a Township approved stormwater management plan is required. All stormwater management facilities as required by the stormwater management plan and the installation of the same shall meet applicable Township standards.
B. 
Residential Uses.
B-1. 
Single-family Detached. A single-family detached dwelling shall include a single dwelling unit with a front, rear, and two side yards provided:
1. 
Parking.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
a. 
Except in Performance Subdivisions, no less than two off-street parking spaces shall be provided on any lot on which a dwelling is hereafter erected.
b. 
Parking in Performance Subdivisions. See § 803.B-14.6.
B-2. 
Village House. A village house is a single-family detached dwelling on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments.
1. 
Each unit shall require a minimum of one of the following characteristics:
a. 
(Reserved)
b. 
An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width;
c. 
A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches at the sidewalk line;
d. 
A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height;
e. 
A hedge across the width of the front yard, except for locations where crossed by driveways, pedestrian path, or sidewalks. One of the following or similar species per 18 inches:
(1) 
Azalea species: five inches to 18 inches.
(2) 
Berberis species: 15 inches to 18 inches.
(3) 
Buxus species: 12 inches to 18 inches.
(4) 
Ligustrum: two feet to three feet.
(5) 
Taxus species: 18 inches to 24 inches.
(6) 
Viburnum species: 18 inches to 24 inches.
2. 
Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
B-3. 
(Reserved)
B-4. 
Atrium House. An atrium house is a single-family attached dwelling set on an individual lot with two or more of the building walls set on the side and rear property lines and with walls set on the remaining side and the rear property lines to form a private outdoor enclosure.
1. 
A private yard, herein called an atrium, shall be included on each lot. The minimum area of the atrium shall be 35% of the area of the lot or 288 square feet, whichever is greater. The minimum dimension shall be 16 feet.
2. 
Any lot or part of a lot line not enclosed by a building wall shall be enclosed by a wall or fence at least five feet six inches high.
3. 
A row, cluster, or grouping of attached atrium houses shall not exceed four units.
4. 
Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
B-5. 
Twin House. A twin house is a single-family semi-detached dwelling within a two-dwelling building, with only one wall in common with another dwelling, provided:
1. 
Parking.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
a. 
Except in Performance Subdivisions, no less than two off-street parking spaces shall be provided on any lot on which a dwelling is hereafter erected. A garage shall count as a parking space.
b. 
Parking in Performance Subdivision. See § 803.B-14.6.
B-6. 
Duplex. A duplex house is a detached dwelling within a two-dwelling unit building, with one dwelling above the other, provided:
1. 
Parking. No less than two off-street parking spaces per dwelling unit shall be provided on any lot on which a dwelling is hereafter erected.
B-7. 
(Reserved)
B-8. 
Townhouse. A townhouse dwelling is a single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof, and not more than two walls of each dwelling in common with other such dwellings, provided:
1. 
An average of five dwelling units in a row shall be permitted, with no more than eight dwelling units in a group.
2. 
Townhouses shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such buildings may be so attached in any one group. No more than five such buildings shall be in a row and the total length of the row shall not exceed 120 feet.
3. 
To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.
4. 
Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
B-9. 
Multiplex. A multiplex dwelling is an attached dwelling within a three-to-five dwelling building and with one dwelling above, side-by-side, or back-to-back with another dwelling. The building has yards on all four sides.
1. 
Groups of multiplex units shall average no greater than four units per structure.
2. 
Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
B-10. 
Garden Apartment. A garden apartment dwelling is an attached dwelling within a six-to sixteen-dwelling building and with dwellings above, side-by-side, or back-to-back with other dwellings. The building has setbacks on all four sides.
1. 
The maximum length of such a building shall be 120 feet.
2. 
Garden apartments shall be arranged in groups or clusters and not in long rows parallel to street lines.
3. 
To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials, and design shall be encouraged. In any case, a minimum of a six-foot variation in setback shall occur at least every 40 feet.
4. 
Parking. No less than three off-street spaces shall be provided per dwelling unit, with buffering as required in § 1001.F.6.
B-11. 
(Reserved)
B-12. 
Single-family Detached Cluster. A single-family detached cluster use shall include single-family detached dwellings on individual lots that are clustered to preserve open space, provided:
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
1. 
In the R-1 and R-2 Districts, the provisions of Performance Subdivision use B-14 shall apply.
2. 
Parking. See § 803.B-14.6.
B-13. 
Mobile Home Park. A parcel of land which has been planned and improved for the placement of mobile homes for non-transient use, provided:
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
1. 
For mobile home parks, the provisions of the Performance Subdivision use B-14 shall apply.
2. 
No mobile home shall be located closer than 60 feet to an existing abutting public street or road.
3. 
No mobile home lot shall be located closer than 30 feet to any abutting property line. Planted buffers shall be provided in accordance with § 1003.
3.1. 
Where a mobile home park is provided with privately owned internal streets, which are not to be dedicated to the municipality, no street rights-of-way are required for the internal streets. Setback lines may be measured from the edge of the street cartways or curbs of the internal streets.
4. 
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.
5. 
No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.
a. 
Each mobile home pad shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.
b. 
The pad, at least six inches in thickness, shall be constructed from concrete, asphalt concrete, or other material adequate to support the mobile home and to prevent abnormal settling or heaving under the weight of the home. In order to prevent wind overturn and rocking, the corners of the mobile homes shall be secured with at least six tie-downs such as concrete "dead men," screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.
c. 
Each mobile home shall be set level on sturdy and substantial supports.
6. 
Service Buildings. Within a mobile home park non-residential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance buildings and storage areas for park maintenance equipment, and a community building for the use of the park residents may be constructed subject to the following standards:
a. 
A maximum of 10% of the base site area may be used for these purposes. Included in computing the area shall be the buildings, parking, and all required setbacks.
b. 
All buildings must comply with the required buffer yard requirements.
c. 
All buildings must be set back at least 50 feet from adjacent mobile homes.
d. 
All buildings must be set back 50 feet from interior streets in the mobile home park.
e. 
All buildings must comply with the requirements of the Floodplain Ordinance of the respective municipality where the property is located.
[Amended effective 12/9/2017 by JMZO Ord. No. 2015-02, adopted 12/4/2017.]
7. 
Parking.
a. 
There shall be no less than three parking spaces of which no more than one may be off-site, provided for each mobile home unit.
b. 
There shall be no parking on collector streets on which there are no dwelling unit frontages.
c. 
Roads shall be widened by six feet on each side on which parking is to be used to meet the three parking space requirement.
d. 
All parking spaces and driveways shall be at least five feet from any side or rear mobile home site line.
e. 
Accessory Building or Use. The number of parking spaces to be provided will depend upon the type of facilities proposed and the extent of those facilities. The parking requirements of this Ordinance for similar uses will be used to determine the number of spaces required.
B-14. 
Performance Subdivision. A performance subdivision shall include a subdivision in which a mixture of types of residential dwelling units is encouraged to promote sound land planning and to provide a variety of housing choices and in which cluster development is encouraged to preserve open space, provided that the following regulations are met:
1. 
General Regulations.
a. 
Performance Subdivisions shall be of a scale that will maintain the character of the appropriate district.
b. 
The adjacent properties shall be safeguarded by a minimum buffer of 100 feet.
c. 
The development shall consist of a harmonious grouping of buildings, service and parking area circulation, and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient, and convenient residential site.
d. 
There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.
e. 
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the Region.
f. 
Adequate off-street parking and loading space shall be provided as an integral part of the plan.
g. 
If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this Ordinance shall be fully complied with by the development at the completion of any stage.
h. 
The provisions for the design and maintenance of open space shall conform with the Open Space Performance Regulations in § 1005 herein.
2. 
Administration. The administration procedures for the application and approval of a performance subdivision shall be in accordance with Article V of the Pennsylvania Municipalities Planning Code, Act 247 as amended, and the municipal subdivision and land development ordinance.
3. 
Required Dwelling Unit Mix. All performance subdivisions shall conform to the minimum standards for a mix of dwelling unit types as set forth below. Dwelling unit types are specified for each district and are designated in subsection B-14.4 below.
Number of Dwellings in Development
Minimum Required Number of DU Types
Minimum Percent Any DU Type
Minimum Percent Any DU Type
1 to 60
1
100
10
61 to 120
70
10
121+
3
40
10
4. 
Dwelling Unit Types Per District. The following dwelling unit types shall be permitted in any mix in accordance with subsection B-14.3 herein, and with the following table delineating the dwelling types permitted for each district. From time to time new dwelling units evolve which are appropriate to the area. These are intended to be incorporated with the listed types, subject Joint Planning Commission and adopted by the local governing bodies.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
P = Permitted
N = Not Permitted
Dwelling Unit Type
Country Residential Low Density; Residential Medium Density R-1
Country Residential Medium Density; Residential High Density R-2
Single-family Detached, use B-1
P
P
Village House, use B-2
P
P
Atrium, use B-4
P
P
Twin House, use B-5
P
P
Townhouse, use B-8
N
P
Multiplex, use B-9
P
P
Garden Apartment, use B-10
N
P
5. 
Open Space shall conform with the Open Space Performance Standards, § 1005 herein.
6. 
Parking.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
a. 
There shall be no less than three parking spaces, not including garages, of which no more than one may be on-street, provided for each dwelling unit.
b. 
There shall be no parking on collector streets on which there are no dwelling unit frontages.
c. 
Roads shall be widened by six feet on each side on which parking is to be used to meet the three-parking-space requirement.
d. 
Parking lots shall be landscaped, lighted and designed in accordance with the provisions of Article X and with buffering as required in § 1001.F.6 herein.
B-15. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B-15, Planned Residential Development, was repealed effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.
B-16. 
Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided the building and accessory building to be converted had been in existence for a period of at least 15 years prior to the date of the adoption of the Joint Municipal Zoning Ordinance and further provided:
1. 
The yard requirements for the district in which the use is located shall be met.
2. 
The lot area per dwelling unit shall not be reduced to less than the minimum lot area required for a single-family detached dwelling within each residential district.
3. 
All conversions must comply with all applicable regulations of the Pennsylvania. Department of Labor and Industry in addition to all building codes and permit requirements of the Bucks County Department of Health.
4. 
The appearance of the conversion shall be in conformance with the existing structure regarding bulk size.
5. 
Exterior fire escapes and outside stairways shall be located at the rear or side of the building.
6. 
Parking. No less than two off-street parking spaces shall be made available for each dwelling unit. In addition, the following standards shall be met:
a. 
No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visually buffered from the street and the adjacent yards.
b. 
The intensity of the development is to be contingent upon the parking permitted for any given lot. No parking shall be so extensive as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.
c. 
All drainage on-site shall be handled in accordance with the recommendations of the municipal engineer.
7. 
The following minimum floor areas for each added dwelling unit shall be required:
Minimum Floor Area
(square feet)
Efficiency
600
One-Bedroom
700
Two-Bedroom
950
8. 
Residential conversion shall only be permitted by:
a. 
Conditional Use in CM - Conservation Management (non-cluster only); CR-1 - Country Residential/Low Density (non-cluster only); R-1 - Residential/Medium Density; and QA - Quarry/Agriculture.
b. 
Special Exception in VR-1 - Village Residential/Low Density.
B-17. 
Elderly Housing. Elderly housing shall include a form of residential use that is designed and operated for mature adults with or without certain support facilities, provided:
1. 
Each applicant for conditional use approval to build and/or operate such housing shall submit to the governing body for its approval a proposed set of regulations to control such operation, including definition of age and income limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents of apartment housing have attained the age of at least 55 years or that families to occupy such units are elderly families (i.e., families whose heads or their spouses are at least 55 years of age or are under a disability as defined in § 223 of the Social Security Act or in § 1025 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970). A statement shall also be included with each application setting forth what particular features and facilities are being provided to serve specifically the needs and interests of the elderly.
2. 
The tract shall have ready access, by means of streets with sidewalks or alternate walkways, to existing commercial and professional areas.
3. 
All design and dimensional standards set forth in § 405.C. of this Ordinance shall apply for all housing types permitted in the R-2 High Density Residential Districts.
4. 
Parking shall be provided in the ratio of 1 1/2 spaces per unit.
B-18. 
(Reserved)
B-19. 
Transitional Residential Development. This use shall be applied to those lots having a minimum of 10 acres which are located contiguous to the Borough of Newtown and contiguous to areas zoned O-LI - Office-Light Industrial and contiguous to areas zoned POS - Park and Open Space.
1. 
Use Regulations. The uses permitted in a Transitional Residential Development shall be limited to:
a. 
B-4 Atrium House.
b. 
B-5 Twin House.
c. 
B-8 Townhouse.
d. 
A mix of more than one residential use type shall not be required.
2. 
General Regulations.
a. 
A minimum seventy-five foot building setback shall be provided along the perimeter boundary of the development and the ultimate right-of-way where a street is a boundary.
b. 
Section 405.C, Table of Area and Dimensional Regulations, as it pertains to Atrium House, Twin House, and Townhouse shall govern, except as modified below.
c. 
The minimum open space ratio shall be 30%.
d. 
The maximum impervious surface ratio shall be 40%.
e. 
The maximum length of a building shall be seven dwelling units and shall not exceed 210 feet.
f. 
Parking shall be provided at the ratio of three spaces per dwelling unit. Two may be permitted in a garage and one may be permitted on a street interior to the development. Where a garage is provided at the rear of the dwelling unit, the minimum front yard may be reduced to 10 feet and the garage shall not be subject to the required side or rear yards.
C. 
Religious, Educational, Recreational, and Institutional Uses.
C-1. 
Place of Worship. Such use shall include a church, synagogue, or other place of worship, provided:
1. 
Access shall be to a collector or arterial highway as delineated in this Ordinance.
2. 
Parking. One off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
C-2. 
School. A school shall include a private school, religious or non-religious, and a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority, provided:
1. 
In the JM, CM, RI, RI-A and QA Districts, the minimum lot area for a college, junior college, or high school shall be 50 acres plus one acre for each 100 full-time students. The minimum lot area for any other school in the JM, CM, RI, RI-A and QA Districts or a college, junior college, or high school in any other district shall be 40 acres plus one acre for each 100 full time students. The minimum lot area for any other school shall be 25 acres plus one acre for each 100 full-time students. Where two or more schools are proposed as a combined development or as the joint use of property, the minimum lot area required shall be the sum of the minimum lot area requirements for each school use.
2. 
Access shall be into an arterial or collector road as delineated on the Highway Classification Map, which is part of this Ordinance.
3. 
Outdoor athletic fields, courts, or play areas shall be provided with setbacks, buffering, and screening so as to protect adjacent areas from inappropriate noise and other disturbances, as follows. Where there are multiple facilities or areas owned, maintained, or managed by a single entity or related entities within a development, the entire property shall be considered for the purpose of this Section.
a. 
An outdoor field, court, or play area of greater than 4,000 square feet, that is provided with lights on poles or structures of 15 feet in height or taller, shall be located no closer to any lot line or street line than 500 feet. Lights for streets, parking areas, and pedestrian ways shall not be considered as applicable under this Section.
b. 
Any other outdoor athletic field, court, or play area shall be located no closer to any lot line or street line than 200 feet.
c. 
An outdoor athletic field, court, or play area shall be provided with planted screening material, except at entrances to the field, court, or play area which shall be no wider than 50 feet, as follows:
(1) 
The buffer yard shall be located within 100 feet of the outdoor athletic field or play area.
(2) 
The buffer yard shall be provided with plant material that is required per linear foot, under § 1003 of this Ordinance. Plant material shall be placed within the minimum width of the buffer yard. The Board of Supervisors may permit staggering or grouping of plant material if a satisfactory buffer is achieved. The applicant may select among the following options:
(a) 
Option A: One canopy tree per 40 feet; plus one evergreen tree per 20 feet; plus one shrub per four feet.
(b) 
Option B: One flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one hedge plant per three feet.
(c) 
Option C: One canopy or flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus a berm four feet high for the length of the property.
d. 
Outdoor athletic fields, courts, or play areas shall be illuminated only in the EIR District and, when such lights are located within 800 feet of a property line or street line, the facilities shall not be illuminated after 10:00 p.m.
4. 
No parking area shall be closer to any lot line or street line than 100 feet and shall be screened as provided in this Ordinance.
5. 
A school use may be an accessory use to another principal use where the floor area used for school purposes is no greater than 30% of the total first floor area of the principal use. As an accessory use, the school use shall be governed by the area, dimensional and other standards for the principal use. However, the accessory school use is permitted only by conditional use approval. The requirements of subsection 3. above shall be met.
6. 
A preschool or child care facility may be permitted as an accessory use to Use C-2 School and shall be governed by the area, dimensional and other standards for the principal use. A preschool or child care facility not accessory to another principal use shall be governed by the requirements of Use C-10 Child Care Facility.
7. 
Parking.
Kindergarten, Nursery School, Elementary School, Junior High School or Middle School. No less than one off-street parking space for each faculty member and employee plus two additional spaces per class-room.
Senior High School. No less than one off-street parking space per faculty member and employee, plus one space per two students of projected building capacity.
College, Junior College, Community College, Professional School, or Graduate School. No less than one off-street parking space per faculty member and employee, plus two spaces for each three classroom, laboratory, and auditorium seats.
C-3. 
Commercial School. Such use shall include a trade, professional, music, or dancing school, provided:
1. 
A commercial school that includes an outdoor athletic field, court, or play area shall meet the requirements of § 803.C-2.3.
Parking. No less than one off-street parking space per faculty member and employee, plus two spaces per three students. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
C-4. 
Library or Museum. Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business, provided:
Parking. No less than one space per five seats or one space per 220 square feet of gross floor area where no seats are provided, plus one space for every employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
C-5. 
Recreational Facility. Such use shall include a recreational facility or park, owned or operated by the municipality, other governmental agency, or homeowners association, provided:
1. 
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
2. 
Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
3. 
Parking. No less than one off-street parking space for each five persons of total design capacity of the facility. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
C-6. 
Athletic Facility. Such use shall include a recreational facility owned or operated by a nongovernmental agency, including buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball, and facilities related thereto, provided:
1. 
A minimum lot size of five acres is required.
2. 
The use shall not permit amusement parks, wild animal parks, or zoos.
3. 
An athletic facility that includes an outdoor athletic field, court, or play area shall meet the requirements of § 803.C-2.3.
4. 
(Reserved)
5. 
Parking.
Driving range - No less than one off-street parking space for every tee, plus one space for each employee.
Other facilities - No less than one off-street parking space for each five persons of total design capacity of the facility, or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
C-7. 
Golf Course. A golf course may include a club house, restaurant, and other accessory uses, provided these are clearly accessory to the golf course, and is subject to the following provisions:
1. 
A lot area of not less than 60 acres shall be required.
2. 
No building shall be closer than 100 feet to any lot line.
3. 
A buffer shall be provided, in accordance with the provisions of Article X, along side and rear property lines, where abutting properties are in any residential district.
4. 
Parking. One off-street parking space per four people of total capacity, including accessory uses, plus one additional space per employee.
C-8. 
Private Club. A private club is a nonprofit association which is supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status rather than for periodic use of the club's facilities; included, but is not limited to, fraternal, school, athletic, or other associations, with rules, by-laws, charter, or local or national affiliation; is based on membership of persons with common interest, pursuits, or purposes; and is subject to the following additional provisions:
1. 
The use shall be for members and their authorized guests only.
2. 
A private club that includes an outdoor athletic field, court, or play area shall meet the requirements of § 803.C-2.3.
3. 
Parking. No less than one every five members of facility or at least one off-street parking space for total design capacity of the off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
C-9. 
Community Center. A community center shall include an educational center or other similar facility operated by an educational, philanthropic, or religious institution, subject to the following additional provisions:
1. 
The use shall not be conducted as a private, gainful business.
2. 
A community center that includes an outdoor athletic field, court, or play area shall meet their requirements of § 803.C-2.3.
3. 
Parking. No less than one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.
C-10. 
Child Care Facility.
1. 
Such use shall include the following uses:
a. 
(Reserved)
b. 
Family Day Care Home.
(1) 
A home-based premises in which child day care is provided at any one time to four, five or six children who are not relatives of the care giver. Any individual operating a family day care home is required to have a registration certificate issued by the Pennsylvania Department of Public Welfare.
c. 
Group Day Care Home.
(1) 
Any premises in which child day care is provided simultaneously for not less than seven nor more than eleven children who are not relatives of the care givers. At least two care givers are required at all times at a Group Day Care Home. Any individuals operating a Group Day Care Home must be licensed by the Pennsylvania Department of Public Welfare.
(2) 
This Use 803.C-10.1.c shall be permitted in residential districts only as an accessory use to a primary residence and only when operated by a person or persons residing on the premises.
d. 
Day Care Center.
(1) 
Any premises in which child day care is provided simultaneously for 12 or more children. There must be at least one care giver per six children. Operators must be licensed by the Pennsylvania Department of Public Welfare.
e. 
Employer Day Care.
(1) 
A day care center as defined in subsection d. above, when used as an accessory use to a non-residential use, provided that all children cared for are children of employees of the non-residential use.
(2) 
Age. "Children" as used in this Section shall mean any persons under the age of 16 years.
(3) 
Permits. Prior to the issuance of a permit by the zoning officer for any use in this Section, the applicant must obtain a registration certificate or be licensed by the Pennsylvania Department of Public Welfare.
2. 
Dimensional Requirements.
a. 
For Uses C-10.1.b through C-10.1.e, above, a minimum of 40 square feet of indoor space, and a minimum of 65 feet of accessible outdoor play area shall be provided per child.
b. 
The lot area and all yard setback requirements for all child care facilities except babysitting shall be the minimum required for other uses within the applicable zoning district in which the child care facility is located.
c. 
The calculation of accessible outdoor play area shall not include any impervious surface or parking areas. In addition, outdoor play areas shall only be permitted in the rear and/or side yard of the property.
d. 
Where a Day Care Center (Use 803.C-10.1.d) is proposed in any residential zoning district, a minimum lot size of five acres is required.
3. 
Parking.
a. 
Child care facilities, other than babysitting, which occur in residences, shall provide, in addition to the off-street parking required within the zoning district in which the residence is located, at least one additional off-street parking space for each employee other than the employees who reside at the premises.
b. 
Child care facilities not occurring in residences shall provide at least one off-street parking space per six children receiving day care, plus one space per employee or volunteer. Parking shall be screened in conformity with the zoning district in which the child care facility is located.
4. 
Traffic.
a. 
The loading and unloading of children at any day care facility shall not obstruct the normal flow of traffic. The property owner shall take all precautions possible to protect the safety of children arriving and leaving the day care facility.
b. 
As to Day Care Center (Use 803.C-10.1.d) and Employer Day Care (Use 803.C-10.1.e), a traffic impact study may be required at the discretion of the Board of Supervisors of the municipality where the use is proposed. The traffic impact study shall conform to the provisions of the Subdivision and Land Development Ordinance of the municipality in which the use is proposed.
c. 
The applicant for a child care facility shall establish to the satisfaction of the governing body of the municipality in which the use is proposed, that traffic generated by the child care facility will provide a safe means of access to and from the site and will not cause undue congestion, create traffic hazards or otherwise pose a threat to public safety.
5. 
Signs.
a. 
Signs for child care facilities located in residential zoning districts shall comply with the regulations governing signs for home occupations.
b. 
Signs for child care facilities located in nonresidential zoning districts shall meet the minimum requirements for signs permitted in the zoning district in which the child care facility is located.
6. 
Lighting. Lighting used in conjunction with a child care facility shall be in conformity with the provisions of § 1004 of this Ordinance.
7. 
Hours of Operation. Hours of operation for all child care facilities shall be decided on a case-by-case basis by the Board of Supervisors as part of the conditional use application.
8. 
Water and Sewer. Prior to the issuance of a permit for a child care facility, the applicant therefore shall certify that he or she has sufficient water and sewer capabilities to handle the proposed child care facility.
9. 
Fencing. Each outdoor play area in child care facilities shall be completely surrounded by a fence which is at least four feet in height and which does not allow access to or from the premises by a child.
C-11. 
Hospital. Such use shall include a licensed hospital, subject to the following additional provisions:
1. 
A lot area of not less than 10 acres shall be required.
2. 
Where the use adjoins existing residential uses, buffer planting shall be provided in a twenty-five foot buffer yard. Care shall be taken to locate emergency and service entrances where they are not offensive to adjoining neighbors.
3. 
Such use shall take access from major collector or arterial highways.
4. 
Parking. No less than one off-street parking space for every 450 square feet of gross floor area, plus one space for each employee. Parking shall be adequately screened for land next to residential use.
C-12. 
Nursing Home. Such use shall include a licensed nursing or convalescent home, subject to the following additional provisions:
1. 
The minimum lot area in all VR Districts shall be one acre plus 1,000 square feet for each resident patient beyond a total of 20. In all other districts the minimum lot area shall be five acres plus 1,000 square feet for each resident patient beyond a total of 40.
2. 
For any nursing home in any VR District the maximum number of resident patients shall be 50.
3. 
Parking. No less than one off-street parking space for every 450 square feet of gross floor area, plus one space per employee.
C-13. 
Cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium, provided:
1. 
Cemetery Area and Bulk Regulations.
a. 
The minimum lot size shall be 25 acres.
b. 
No more than 10% of the entire area, to a maximum of five acres, may be devoted to above-ground buildings no serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, bath-houses, greenhouses, work houses, repair shops, and the like. This restriction includes parking facilities.
c. 
For all accessory buildings the setback line requirement shall be the same as for single-family detached dwellings in the zone in which cemetery is located.
d. 
A twenty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between any building or burial site and the cemetery property line.
e. 
The side yard for all accessory buildings shall be the same as that required for dwellings in the zone in which the cemetery is located.
f. 
If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.
2. 
Cemetery Design Standards.
a. 
The maximum height of monuments, headstones, grave markers, etc. shall be 10 feet.
b. 
The maximum height of mausoleums, columbariums, and other burial structures shall be 15 feet.
c. 
The maximum height of accessory buildings, including dwelling units where permitted, shall be three stories or 35 feet. (See Use C-13. Cemetery, Section 1.b above for examples of accessory buildings.)
d. 
For all entrance features, including gates, fountains, statuary, identification signs, and the like;
(1) 
There shall be not more than two identification signs at such entrance, and the same shall conform to Article XI.
(2) 
The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.
(3) 
No such entrance features shall exceed 12 feet in height.
e. 
Where interior roads are provided, they shall be paved according to municipal standards, shall have minimum width of 12 feet if one-way and 20 feet if two-way. There shall be no dead end roads, unless provided with a turn-around having a centerline radius of at least 40 feet.
f. 
Parking.
(1) 
Accessory buildings other than chapels. No less than one space for each 200 square feet of floor area.
(2) 
Chapels, no less than one space for each 100 square feet of floor area of auditorium or three fixed seats, whichever requires the greater number of parking spaces.
C-14. 
Municipal Building. Such use shall include a municipal administration building, police barracks, library, parking lot or structure or road maintenance facility, provided:
Parking. No less than one off-street parking space for every employee, plus one space for every two seats in meeting areas.
C-15. 
Community Treatment Facility. A Community Treatment Facility is a facility for the treatment of persons who have been committed to such facilities as the result of having committed a crime or having been adjudicated delinquent and are not handicapped as defined by the Federal Fair Housing Amendments Act, 42 U.S.C. § 3602(h). The residents of a Community Treatment Facility do not constitute a "family" as defined in § 233 of this Ordinance because residency is transient in nature. Such use shall meet the following requirements:
1. 
Occupation of a Community Treatment Facility shall be subject to confirmation by the Code Enforcement Office that sanitary facilities, whether on-lot or municipal, and potable water supply are sufficient to address the needs of all of the occupants of the Community Treatment Facility.
2. 
All Community Treatment Facilities shall have the appearance of a single-family dwelling. No external changes or modifications to a Community Treatment Facility shall be made that indicate that it is anything other than a single-family dwelling.
3. 
All Community Treatment Facilities and all entities operating a Community Treatment Facility shall comply with any and all applicable local, state and federal ordinances, statutes, rules and/or regulations. Proof of compliance with such ordinances, statutes, rules and regulations shall be furnished to the Township as a condition of conditional use approval.
4. 
All Community Treatment Facilities housing six or fewer occupants shall have a minimum of 1,500 square feet of indoor, heated living space, exclusive of garages, sheds, basements, attics, crawl spaces or similar areas. For Community Treatment Facilities housing more than six occupants, an additional 125 square feet of such living space shall be required for each additional occupant above six.
5. 
No more than two persons shall sleep in any single bedroom in a Community Treatment Facility.
6. 
Parking. A minimum of one off-street parking space shall be provided for each occupant of a Community Treatment Facility anticipated to have a motor vehicle, plus one off-street parking space shall be provided for each support person, staff member or employee of the Community Treatment Facility.
7. 
Buffering Requirements.
a. 
Parking areas shall be visually secluded from adjacent properties via an evergreen planting screen in accordance with §§ 1001.F.6 and 1003.
b. 
Side and rear lot lines shall be planted with a minimum of one canopy tree per 40 feet, plus one evergreen tree per 30 feet. Plantings may be installed in an informal arrangement, subject to approval of the Township.
c. 
Street trees shall be installed along all streets where suitable street trees do not exist.
d. 
All plant material, size, species, caliper, and arrangement shall be in accordance with the Township Subdivision and Land Development Ordinance and § 1003 of this Ordinance.
8. 
The housing of an individual whose occupancy or tenancy in a Community Treatment Facility would constitute a direct threat to the health or safety of other individuals, or whose occupancy or tenancy would result in substantial physical damage to the property of others is prohibited.
9. 
The minimum lot size for this Use C-15 is 10 acres.
D. 
Office Uses.
D-1. 
Office. Business, professional, or governmental office other than Use D-2 Medical Office.
1. 
Such use shall be carried on wholly indoors and within the principal building.
2. 
No office building shall include a store, beauty shop, or other personal service shop.
3. 
No office building shall include a store front, a store window, or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.
4. 
Except in the TC Town Commercial District, no structure erected or renovated for office use shall include any dwelling unit or units.
5. 
Parking. No less than one off-street parking space for every 200 square feet of gross floor area shall be provided. All parking shall be screened in accordance with § 1001.F.6, herein.
D-2. 
Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients and laboratories incidental thereto, provided:
Parking. No less than one off-street parking space for every 150 square feet of gross floor area shall be provided. All parking shall be screened in accordance with § 1001.F.6, herein.
D-3. 
(Reserved)
E. 
Retail and Consumer Services Uses.
E-1. 
Retail Stores. A retail store shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, liquor, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, audio-visual equipment and supplies, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics, beer, wine and non-alcoholic beverages, provided:
1. 
All products produced on the premises are sold on the premises.
2. 
Over-the-counter sales of alcoholic beverages intended for consumption on the premises is not permitted.
3. 
There shall be no sales of gasoline or motor vehicle fuel in any retail store. The sale of gasoline or motor vehicle fuel shall require the use to be classified as a Service Station, use E10, and shall meet the requirements of that use and shall only be permitted in zoning districts where the Service Station Use E10 is permitted.
4. 
Stores with a gross floor area in excess of 10,000 square feet are not included. Retail stores in excess of 10,000 square feet must meet the requirements of use E-2, Large Retail Store, and are permitted only in districts where use E-2 is permitted.
5. 
Gasoline sales or motor vehicle fuel sales shall not be permitted as uses accessory to E-1 Retail Sales Uses.
6. 
Parking. In all zoning districts other than the TC Town Commercial Zoning District, no less than one parking space for every 120 square feet of gross floor area, plus one space for every employee. In the TC Town Commercial Zoning District, no less than one parking space for every 200 square feet of gross floor area. All parking shall be screened in accordance with § 1001.F.6, herein.
E-2. 
Large Retail Store. A large retail store shall include a store with greater than 10,000 square feet of floor area including, regardless of size, any variety store, supermarket, department store, and discount store, provided:
Parking. No less than one off-street parking space for every 220 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-3. 
Service Business. A service business shall include such uses as a barber, beautician, laundry and dry cleaning (whether or not coin operated), shoe repair, tailor, photographer, newspaper, printer, and travel agency, provided:
1. 
Uses requiring large amounts of water shall be served by public water and sewers.
2. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-4. 
Financial Establishment. A financial establishment shall include a bank, savings and loan association, credit union, or other financial establishment, provided:
1. 
When located within the LI Light Industrial District or the O-LI Office-Light Industrial District, such use shall be located on a local street and not within 300 feet of Newtown Bypass or Newtown-Yardley Road.
2. 
Parking. No less than one off-street parking space for every 100 square feet of gross floor area. All parking shall be screened in accordance with § 1001.F.6. herein.
E-5. 
Eating Place. An eating place shall include any place for the sale and consumption of food and beverages, provided:
1. 
Drive-in service is prohibited.
2. 
The sale of alcoholic beverages must be incidental to the sale and consumption of food.
3. 
When located within the LI Light Industrial District or the O-LI District, such use shall be located on a local street and not within 300 feet of Newtown Bypass or Newtown-Yardley Road.
4. 
Parking. No less than one off-street parking space for every two seats provided for use by patrons, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-6. 
Eating Place - Drive-in. Such use shall include cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises, provided:
1. 
The use must have direct access to a collector or arterial street.
2. 
There shall be only one point of ingress and only one point of egress to the collector or arterial street.
3. 
Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.
4. 
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.
5. 
All such restaurants shall provide a trash storage area which is designed and constructed to be screened from the street and adjacent properties, to prevent trash from blowing from the area, and to permit safe and easy removal of the trash.
6. 
Trash receptacles shall be provided outside the restaurant for patron use.
7. 
Parking. No less than one off-street parking space for each two seats, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-7. 
Repair Shop. A repair shop shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks, and small business machines, (but not including automobile, vehicle and motorcycle repairs,) provided:
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-8. 
Motel, Hotel, and Inn. Such use shall include a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus an eating place, use E-5, provided:
1. 
Within the Village Commercial VC Districts, the maximum number of such rented rooms shall be 15.
2. 
Within all permitted districts except the TC District:
a. 
Such use shall be located on a lot of not less than four acres and shall have a continuous road frontage of at least 300 feet.
b. 
The use must have direct access to a collector or arterial street.
c. 
No building or structure shall be located closer than 75 feet to any structure line or rear property line.
3. 
Within the TC Town Commercial District, the minimum lot area shall be 100,000 square feet.
4. 
Parking. No less than one off-street parking space for each guest room in addition to any parking required for any eating place, Use E-5, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-9. 
Entertainment. An entertainment facility shall include a bowling alley, skating rink, pool hall, movie theater, theater, video gaming/pinball arcade, or other similar use, provided:
1. 
Sound levels shall not exceed those shown in § 904.B.2.e.(2).
2. 
An entertainment use that includes an outdoor athletic field, court, or play area shall meet the requirements of § 803.C-2.3.
3. 
Parking. Theater - No less than one off-street parking space for every three seats in the auditorium, plus one space for every employee. Bowling alley - No less than five off-street parking spaces for every bowling lane, plus one space for every employee. Video Gaming/Pinball Arcade - No less than one parking space per machine plus one per employee. Other uses - No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-10. 
Service Station. A service station shall include a building or group of buildings for the sale of petroleum products, tires, and automotive services, provided:
1. 
Except in the TC District, a minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.
2. 
Except in the TC District, the minimum lot area shall be 40,000 square feet.
3. 
Except in the TC District, access to roads shall be at least 200 feet from the intersection of any street.
4. 
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
5. 
Except in the TC District, fuel pumps shall be at least 25 feet from any ultimate street right-of-way.
6. 
All automobile parts and similar articles shall be stored within a building.
7. 
All refuse shall be stored within a building or enclosed area.
8. 
Paint-spraying or body and fender work shall not be permitted.
9. 
Lubrication, oil changes, tire changes, and minor repairs shall be permitted if entirely within a building.
10. 
Vehicles shall not be stored outdoors while awaiting repairs for more than 30 days; all such stored cars shall be totally screened in accordance with § 1001.F.6, herein.
11. 
Junk vehicles shall not be stored in the open at any time.
12. 
The sale or rental of automobiles, trucks, trailers, or other vehicles shall be prohibited.
13. 
Parking. No less than one off-street parking space for every 1/6 service bay, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-11. 
Automotive Sales. Automotive sales include the sale and lease of new or used automobiles, boats, motorcycles, trucks, trailers, farm machinery and travel campers, provided:
1. 
Within the TC Town Commercial District, the minimum lot area shall be 88,000 square feet.
2. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-12. 
Automotive Repair and Car Wash. Such use shall include paint spraying, body and fender work, automotive repairs, and washing provided:
1. 
All such work is performed within a building.
2. 
All related automotive parts, refuse, and similar articles shall be stored within a building or enclosed area.
3. 
A car wash shall include a water recycling facility.
4. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-13. 
Automotive Accessories. Such use shall include the sale of automotive accessories, parts, tires, batteries, and other supplies, provided:
1. 
The storage and installation of any parts shall be within an enclosed structure.
2. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-14. 
Specialty-Cultural Shopping Facility. Such use shall include stores dealing in handicraft art, flowers, household goods, boutiques, antiques, etc., provided:
1. 
Only Uses E-1, E-3, E-4, E-5 and E-7 shall be permitted and only as far as they are in keeping with the spirit of this Section.
2. 
The facility shall contain no more than 10 acres of land.
3. 
Shop sizes shall be no larger than 3,000 square feet and shall average no greater than 1,500 square feet.
4. 
The facility shall be planned and designed as a single complex centering around a pedestrian street or common area.
5. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-15. 
Community Shopping Center. A group of commercial, office, and related establishments which is planned, constructed, and managed as a total entity, where parking spaces, stormwater management facilities, access drives, lighting systems, and other improvements are shared by three or more uses.
1. 
Such centers shall be at least four acres in extent.
2. 
The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.
3. 
A major landscaped pedestrian and bicycle path system shall provide access to the adjacent community.
4. 
Parking lot landscaping shall be provided in accordance with § 1001.
5. 
Lighting shall be provided in accordance with § 1004.
6. 
Not less than 60% of the total floor area within a Community Shopping Center shall be used for E. Retail and Consumer Services Uses. Upon request by the governing body of the municipality in which the Community Shopping Center is located, the owner or operator of the center shall provide to the governing body a list of occupants, a description of each establishment, and the total square footage occupied by the individual establishments.
7. 
(Reserved)
8. 
(Reserved)
9. 
Parking. No less than 6 1/2 parking spaces for every 1,000 square feet of gross floor area. All parking shall be screened in accordance with § 1001.F.6, herein.
E-16. 
Commercial Conversion. Such use shall include the conversion of an existing structure or group of structures into a commercial use, provided:
1. 
Only Uses E-1, E-3, E-4, E-5, E-8, and E-20 are permitted.
2. 
Parking. Shall conform to the requirements of the particular use as, specified in § 803 of this Ordinance. All parking shall be screened in accordance with § 1001.F.6, herein.
E-17. 
Tavern. Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, provided:
Parking. No less than one off-street parking space for every two seats intended for use by patrons, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-18. 
(Reserved)
E-19. 
Funeral Home. Such use shall include a mortuary or funeral home, provided:
Parking. No less than one off-street parking space for each 200 square feet of floor area used or intended to be used for serving customers, or one off-street parking space per employee plus seven additional spaces, whichever requires the greater number of parking spaces. All parking shall be screened in accordance with § 1001.F.6, herein.
E-20. 
Veterinary Office or Clinic. Such use shall include the office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. Such use shall be subject to the following provisions:
1. 
Such use shall require a minimum of 10 acres if it includes a kennel or the outdoor boarding of dogs. In such event no animal runway or outdoor pen shall be located closer than 300 feet to any residential building other than the owners.
2. 
Parking. No less than one off-street parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
E-21. 
Parking Lot or Structure. A lot, building, or structure used as the principal use of a property for the parking and storage of vehicles and is available to the general public, subject to the following criteria:
1. 
No sale, rental or repair of vehicles shall be performed.
2. 
Parking may be provided on a short-term or long-term lease basis.
3. 
An accessory use may include one convenience retail use limited to a total floor area of not more than 3,000 square feet.
4. 
The parking areas design standards of this Ordinance and the municipal subdivision and land development ordinance shall be met.
E-22. 
Executive Inn/Conference Center. A multi-use structure containing lodging accommodations of not less than 60 rooms. An Executive Inn/Conference Center shall contain meeting rooms and shall contain a minimum of two auxiliary service facilities such as restaurants, personal service shops, boutiques and recreational facilities. All rooms and auxiliary service facilities shall be served by common entrance and passage facilities.
E-23. 
Consumer Fireworks Facility. Facility permitting the sale of consumer fireworks in accordance with the following provisions.
[Amended effective 12/9/2018 by JMZO Ord. No. 2018-01, adopted 12/4/2018.]
1. 
Permanent Facility.
a. 
Within QA-A Quarry/Agricultural - A District.
b. 
Access to facility must be taken from a roadway of a classification of a minor arterial roadway or greater.
c. 
Facility shall be a stand-alone building, no larger than 4,000 square feet.
d. 
Storage area shall be separated from wholesale and/or retail sales areas by appropriately rated fire separation.
e. 
Facility is located no closer than 250 feet from any facility selling or dispensing gasoline, propane or other such flammable product. This distance shall be measured by the shortest line from the exterior of the facility building to any gasoline, propane or flammable product storage tank or dispensing device at a facility that sells or dispenses gasoline, propane or other such flammable products.
f. 
Facility is located at least 1,500 feet from any other E-23 facility. This distance shall be measured by the shortest line from the exterior of the existing facility building to the closest exterior point of the proposed facility.
g. 
No Display Fireworks shall be stored or located at the facility.
h. 
There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.
i. 
All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the appropriate Code Enforcement Officer for compliance with the Pennsylvania Construction Code Act and all required fire safety codes, including, but not limited to, the International Fire Code, and such comments and/or report shall be copied to the appropriate Fire Company.
j. 
Sale of Fireworks shall be subject to compliance with all provisions of Pennsylvania Act 43 of 2017 pertaining to the sale thereof. Hours of operation shall be confined from 9:00 a.m. to 10:00 p.m. The facility shall have a monitored burglar and fire alarm system.
k. 
All sales of Consumer Fireworks shall be conducted only within a facility approved by the Pennsylvania Department of Agriculture pursuant to the Pennsylvania Fireworks Law.
l. 
All sales of Consumer Fireworks as defined herein shall be conducted only from a facility exclusively dedicated to the storage and sale of fireworks.
m. 
No smoking shall be permitted in the facility. No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.
n. 
No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.
o. 
No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.
p. 
Quarterly fire drills and preplanning meetings shall be conducted as required by the applicable Fire Company.
q. 
The owner shall provide its employees with documented training in the area of operational safety of the facility. Written documentation that each employee has received this training shall be provided to the Department of Agriculture.
r. 
Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.
s. 
Each facility shall carry at least $2,000,000 in public and product liability insurance and provide a copy of the certificate of insurance to the applicable Township.
t. 
Parking. No less than one parking space for every 120 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6 herein.
2. 
Temporary Structure.
a. 
The following definitions shall apply to this Section:
(1) 
Temporary Structure: A structure other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of Consumer Fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NPA 1124. The term shall not include a facility that is not licensed to sell Consumer Fireworks.
(2) 
Outdoor storage unit: A Consumer Fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.
b. 
Within QA-A Quarry/Agricultural - A District.
c. 
The Temporary Structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable product. This distance shall be measured by the shortest line from the exterior of the Temporary Structure to any gasoline, propane or flammable product storage tank or dispensing facility that sells or dispenses gasoline, propane or other flammable products.
d. 
An evacuation plan is posted in a conspicuous location for a Temporary Structure in accordance with NFPA 1124.
e. 
The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation.
f. 
The Temporary Structure complies with NFPA 1124 as it relates to retail sales of Consumer Fireworks in Temporary Structures.
g. 
The Temporary Structure is located one of the following distances from a permanent facility licensed to sell Consumer Fireworks under the Fireworks Law, at the time of the Effective Date of this Ordinance:
(1) 
Prior to January 1, 2023, at least five miles.
(2) 
Beginning January 1, 2023, at least two miles.
h. 
The Temporary Structure does not exceed 2,500 square feet.
i. 
The Temporary Structure is secured at all times during which Consumer Fireworks are displayed within the structure.
j. 
The Temporary Structure has a minimum of $2,000,000 in public and product liability.
k. 
The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.
l. 
Consumer Fireworks not on display for retail sale are stored in an outdoor storage unit.
m. 
Limitations. The sale of Consumer Fireworks from the Temporary Structure is limited to the following:
(1) 
Helicopter, aerial spinner (APA 87-1, 3.1.2.3).
(2) 
Roman Candle (APA 87-1, 3.1.2.3).
(3) 
Mine and shell devices not exceeding 500 grams.
n. 
Storage of Consumer Fireworks shall be permitted only as an accessory use to the sale of Consumer Fireworks.
E-24. 
Specialty MSA Facility. Such use shall include single-family detached dwellings, certain agricultural uses, offices, medical offices, retail stores, service businesses, etc., to promote agriculture and/or to provide for the protection, renovation, restoration, and/or adaptive reuse of buildings and structures within the MSA District, provided:
1. 
The requirements of Article XIII, Conditional Uses, of this Ordinance have been met.
2. 
This use shall only apply to structures existing on September 22, 2010, the date of adoption of this Ordinance.
3. 
Only the following uses shall be permitted in the MSA District, Uses A-1, B-1, C-4, C-9, D-1, D-2, E-1, E-3, H-1, H-2, H-3, H-9, H-15.B, and H-17 and only insofar as they are determined by the Board of Supervisors to support agriculture and/or provide for the protection, renovation, restoration and/or adaptive for use of buildings and structures on municipal open space.
4. 
Use E-1 Retail Sales shall be permitted only if such use is related to an agricultural use of the property or if at least 20% of items offered for sale (based upon annual sales) are grown either on the premises or within Bucks County. An annual audit shall be presented to the municipality to demonstrate compliance with this requirement.
5. 
No structures (in existence as of September 22, 2010, the date of adoption of this Ordinance) are permitted to be removed or demolished unless approved as a part of the conditional use process.
6. 
Multiple uses (as identified in § 803.E-24.3. above) are permitted on an individual lot, however the area and dimensional requirements of § 700-A.6.C.1 shall be met.
7. 
Parking. The applicant for any lot, building, or structure proposed for Use E-24, or for any change in use of any lot, building, or structure proposed for Use E-24 shall demonstrate to the satisfaction of the Board of Supervisors at a conditional use hearing that adequate parking and/or loading facilities will be provided the proposed use.
8. 
All parking along arterial roadway currently known as Second Street Pike shall be screened in accordance with § 1001.F.6 herein.
9. 
All parking facilities shall be located at least five feet from any front lot line of a local street and at least five feet from any front lot line of a principal arterial roadway.
10. 
All parking facilities shall be located at least five feet from any side or rear lot line, unless a shared parking area with the adjacent lot is approved as part of a conditional use approval.
11. 
All buildings shall be located at least five feet from any front lot line of a local street.
12. 
The production of alcoholic beverages may be permitted by conditional use if and only if the following conditions are met to the satisfaction of the Board of Supervisors:
a. 
It is specifically found by the Board of Supervisors that the proposed use will promote agriculture and/or provide for the protection, renovation, restoration and/or adaptive reuse of buildings and structures on municipal open space.
b. 
Any applicant proposing such a use shall submit evidence that any and all required State and County permits have been obtained.
c. 
At least 50% of the fruit or vegetation used in the production of alcoholic beverages shall be grown either on the site or within Bucks County.
d. 
Public and retail use may be permitted accessory to this use, if approved as a part of the conditional use, and if all of the applicable requirements of § 803.H-17 of this Ordinance have been met.
E-25. 
Brewpub, Microbrewery, Micro-Winery, Micro-Distillery, Tasting Room. The use of land in the CE Conservation Easement Overlay District for a brewpub, microbrewery, micro-winery, micro-distillery, or tasting room is permitted by conditional use in accordance with the following conditions.
[Added effective 12/9/2018 by JMZO Ord. No. 2018-02, adopted 12/4/2018.]
A. 
Definitions. The following definitions shall be applicable to this use:
BREWPUB
An eating place (without drive-through service) accessory to a Microbrewery, Micro-Winery or Micro-Distillery and which possesses the appropriate license from the Pennsylvania Liquor Control Board.
BUILDING ENVELOPE
An area identified in the Conservation Easement where only minimal restrictions apply and where, generally, uses permitted by the Zoning Ordinance for the zoning district in which the property is located are permitted. This area is also sometimes identified as "Minimal Protection Area" or "Approved Building Envelope."
CONSERVATION EASEMENT
A Conservation Easement or similar instrument recorded in the Office of the Recorder of Deeds of Bucks County naming Wrightstown Township as a Grantee or Beneficiary.
CONSERVATION EASEMENT PLAN
A Plan attached as an exhibit to the Conservation Easement identifying significant features, including the Building Envelope; sometimes referred to as "Conservation Plan" or "Easement Plan."
MICROBREWERY, MICRO-WINERY, MICRO-DISTILLERY
A facility in which beer, wine, spirits, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board and produces less than 1,000 barrels per year (a barrel is approximately 31 gallons). On-site consumption may occur in a Tasting Room or in a permitted Brewpub.
TASTING ROOM
A room that is accessory to a Microbrewery, Micro-Winery, Micro-Distillery or Brewpub where the public can purchase and/or consume only the beer, wine or spirits produced on the site.
B. 
Location. A Brewpub, Microbrewery, Micro-Winery, Micro-Distillery or Tasting Room shall be limited to an existing or proposed building located within the Building Envelope of the Conservation Easement.
C. 
A Microbrewery, Micro-Winery or Micro-Distillery is permitted to have a Tasting Room that may not exceed 15% of the gross floor area of the Microbrewery, Micro-Winery or Micro-Distillery.
D. 
Brewpubs may not exceed 4,000 square feet of gross floor area.
E. 
Microbreweries, Micro-Wineries and Micro-Distilleries may not exceed 10,000 square feet in gross floor area.
F. 
Parking. Microbreweries, Micro-Wineries and Micro-Distilleries must have one parking space per employee on the largest shift, plus one space for every four seats in any Tasting Room. Brewpubs must have one parking space for every two seats provided for use by patrons, plus one space for every employee. All patron parking areas must be located within the Building Envelope as depicted on the Conservation Easement Plan.
E-26. 
Conservation Special Events. The use of land in the CE Conservation Easement Overlay District for special events such as parties, festivals, weddings, or receptions is permitted by conditional use in accordance with the following conditions. E-5 Restaurant uses are not permitted.
[Added effective 12/9/2018 by JMZO Ord. No. 2018-02, adopted 12/4/2018.]
A. 
Definitions. The following definitions shall be applicable to this use:
BUILDING ENVELOPE
An area identified in the Conservation Easement where only minimal restrictions apply and where, generally, uses permitted by the Zoning Ordinance for the zoning district in which the property is located are permitted. This area is also sometimes identified as "Minimal Protection Area" or "Approved Building Envelope."
CONSERVATION EASEMENT
An instrument recorded in the Office of the Recorder of Deeds of Bucks County naming Wrightstown Township as a Grantee or Beneficiary.
CONSERVATION EASEMENT PLAN
A Plan attached as an exhibit to the Conservation Easement identifying significant features, including the Building Envelope; sometimes referred to as "Conservation Plan" or "Easement Plan."
B. 
Maximum Number of Events. An annual maximum of 30 events is permitted. All indoor events shall occur within existing buildings. Outdoor events, including events held under tents or other temporary structures, shall be limited to the Building Envelope provided for in the Conservation Easement.
C. 
Maximum Attendance. The maximum allowed attendance will be in accordance with the Fire Marshal's maximum occupancy requirements.
D. 
Setbacks. All outdoor activities/events, temporary structures and parking areas associated with a special event shall be located within the Building Envelope, except that the Board of Supervisors by Conditional Use approval may permit temporary parking to occur outside the Building Envelope, but in no case closer than 150 feet to any property line.
E. 
Food. Any food provided for the special event shall be prepared off-site and transported to the property. No permanent kitchen facilities are permitted, except in connection with an existing residential use.
F. 
Time of Events. All special events, whether indoor or outdoor, shall end no later than 10:00 p.m. Any and all vendors are required to vacate the property no later than 11:30 p.m.
G. 
Noise. Amplified music is permitted pursuant to Wrightstown Township's Noise Ordinance; provided that no amplified music shall be audible beyond the property line of the property on which the special event is held.
H. 
Parking. All patron parking areas must be located within the Building Envelope as depicted on the Conservation Easement Plan.
I. 
Lighting. Lighting may be used for the duration of the event only and may not shine or produce glare on adjacent properties.
J. 
Buffer. A consistent vegetative buffer shall be located between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen plantings at least three feet in height. The species and spacing of such plantings shall be reviewed and approved by Wrightstown Township.
K. 
Facilities. Sewer facilities shall be provided in accordance with the applicable regulations of the Bucks County Health Department and Wrightstown Township.
L. 
Approvals. All applicable approvals must be obtained from Bucks County and the Commonwealth of Pennsylvania, including, but not limited to: any necessary water or sewer approval from the Bucks County Health Department and any necessary approvals from Labor and Industry.
E-27. 
Art Gallery/Art Studio. The use of land in the CE Conservation Easement Overlay District for an Art Gallery and/or Art Studio as defined herein is permitted by conditional use in accordance with the following conditions:
[Added effective 12/9/2018 by JMZO Ord. No. 2018-02, adopted 12/4/2018.]
A. 
Definitions. The following definitions shall be applicable to this use:
ART GALLERY
A place where art work, including paintings, drawings, sculpture and other works produced by human creative skill and imagination, is exhibited for sale or display, including the framing of artwork.
ART STUDIO
A place where one or more artists, working individually or in collaboration, create art work, including holding workshops and classes on art-related subjects.
BUILDING ENVELOPE, CONSERVATION EASEMENT and CONSERVATION EASEMENT PLAN
Shall have the same definitions as stated under § 800.E-25 above.
B. 
Location. An Art Gallery and/or Art Studio shall be limited to an existing or proposed building located within the Building Envelope of the Conservation Easement.
C. 
An Art Gallery or Art Studio may not exceed 10,000 square feet in gross floor area or, when combined, a total of 20,000 square feet.
D. 
Parking. An Art Gallery must have one parking space for each 250 square feet of exhibition space plus one parking space per employee. Art Studios must have one parking space per artist occupying space in an Art Studio. All patron parking areas must be located within the Building Envelope as depicted on the Conservation Easement Plan.
E. 
Buffer. A consistent vegetative buffer shall be located between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen plantings at least three feet in height. The species and spacing of such plantings shall be reviewed and approved by Wrightstown Township.
F. 
Facilities. Sewer facilities shall be provided in accordance with the applicable regulations of the Bucks County Health Department and Wrightstown Township.
G. 
Approvals. All applicable approvals must be obtained from Bucks County and the Commonwealth of Pennsylvania, including, but not limited to: any necessary water or sewer approval from the Bucks County Health Department and any necessary approvals from the Pennsylvania Department of Labor and Industry.
E-28. 
Community Theater. The use of land in the CE Conservation Easement Overlay District for a Community Theater as defined herein is permitted by conditional use in accordance with the following conditions:
[Added effective 12/9/2018 by JMZO Ord. No. 2018-02, adopted 12/4/2018.]
A. 
Definitions. The following definitions shall be applicable to this use:
BUILDING ENVELOPE, CONSERVATION EASEMENT and CONSERVATION EASEMENT PLAN
Shall have the same definitions as stated under § 800.E-25 above.
COMMUNITY THEATER
A place where live performances of theatrical works are produced and performed and/or where motion pictures are produced and/or shown before a live audience. This use may include lectures and workshops on theatrical and art-related subjects. It does not include theatrical performances presented by a traveling theater company or the exhibition of motion pictures by a national franchise such as AMC or Regal Cinema.
B. 
Location. A Community Theater shall be limited to an existing or proposed building located within the Building Envelope of the Conservation Easement.
C. 
A Community Theater may not contain more than 150 seats and may not exceed 10,000 square feet in gross floor area.
D. 
Parking. A Community Theater must have one parking space for each two seats in the theater plus one parking space per employee. All patron parking areas must be located within the Building Envelope as depicted on the Conservation Easement Plan.
E. 
Buffer. A consistent vegetative buffer shall be located between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen plantings at least three feet in height. The species and spacing of such plantings shall be reviewed and approved by Wrightstown Township.
F. 
Facilities. Sewer facilities shall be provided in accordance with the applicable regulations of the Bucks County Health Department and Wrightstown Township.
G. 
Approvals. All applicable approvals must be obtained from Bucks County and the Commonwealth of Pennsylvania, including, but not limited to: any necessary water or sewer approval from the Bucks County Health Department and any necessary approvals from the Pennsylvania Department of Labor and Industry.
E-29. 
Medical Marijuana Dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a Medical Marijuana Permit issued by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act (Act 16 of 2016) to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act. A Medical Marijuana Dispensary shall be subject to the following regulations:
[Added effective 12/9/2018 by JMZO Ord. No. 2017-02, adopted 12/4/2018.]
1. 
A Medical Marijuana Dispensary shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.
2. 
As part of the conditional use application, the applicant shall verify that the proposed Medical Marijuana Dispensary is not within 1,000 feet of the property line of a public, private, or parochial school, preschool, or day-care facility.
3. 
Parking. No less than one off-street parking space for every 200 feet of gross floor area. All parking shall be screened in accordance with § 1001.F.6 herein.
4. 
Minimum Lot Size. The minimum lot size for a Medical Marijuana Dispensary shall be one acre.
5. 
Within Upper Makefield Township, a Medical Marijuana Dispensary shall be permitted by conditional use on the east and west sides of Taylorsville Road, north of Route 532 and within the VC-1 Village Commercial-1 District.
F. 
All Common Carriers, Public Utilities, and Public Service Organizations.
F-1. 
Utility Operating Facility. Such use shall include a transformer station, pumping station, relay station, tower (transmission or relay), substation, sewage treatment plant, and any similar or related installation, not including a public incinerator and public or private landfill, and not including a Wireless Telecommunications Facility (Use 803.1), provided:
1. 
Such installation is essential to serve the immediate community.
2. 
No public business office or any storage yard or storage building is operated in connection with the use.
3. 
No facility nor projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property upon which it is located.
4. 
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in Article X herein.
Parking. No less than two off-street parking spaces or one space per employee, whichever requires the greater number of spaces. All parking shall be screened in accordance with § 1001.F.6, herein.
F-2. 
Emergency Services. Emergency services shall include fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature, on parcels with a minimum size of three acres, provided:
Parking. No less than one off-street parking space for every employee on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises, or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with § 1001.F.6, herein.
F-3. 
Terminal. A terminal shall include a railway station, bus station, airport, or heliport, provided:
Parking. All off-street parking shall be adequate as determined by the municipal planning commission and governing body. All parking shall be screened in accordance with § 1001.F.6, herein.
F-4. 
Utility Office. Such use shall include but not be limited to a telephone central administrative office, provided:
Parking. No less than one off-street parking space for every 470 square feet of gross floor area, plus one space for every employee. All parking shall be screened in accordance with § 1001.F.6, herein.
G. 
Industrial Uses.
G-1. 
Manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, and the commercial generation of electricity, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-2. 
Research. Such use shall include a research or testing facility, and an experimental laboratory, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-3. 
Wholesale Business, Wholesale Storage, Warehousing. Wholesale business, wholesale storage, or warehousing, with no retail sales, including a farm cooperative within a roofed structure.
Parking. No less than one off-street parking space for every 500 square feet of gross floor area, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-4. 
Mini Storage. Such use shall include the storage of items, limited to personal property generally stored in residential structures, within a warehouse structure or mini warehouse structure, provided:
1. 
Such use shall be surrounded by a physical barrier measuring at least six feet in height (see buffer standards in Article X).
2. 
The minimum driveway width between buildings shall be 20 feet.
3. 
Each structure shall exceed 6,000 square feet in size.
4. 
No business activity other than leasing of storage units shall be permitted.
5. 
All storage shall be within enclosed buildings.
6. 
Explosive, radioactive, or highly flammable materials, as defined in Article IX herein, shall be prohibited.
7. 
Parking. No less than one off-street parking space for each 2,000 square feet of gross floor area of storage; plus one space for each company vehicle normally stored on the premises; plus one space for each employee, to be located at the project office; plus one space for each 10,000 square feet of gross floor area of storage, to be located at the project office. All parking shall be screened in accordance with § 1001.F.6, herein.
G-5. 
Printing. Such use shall include printing, publishing, and binding, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-6. 
Contracting. Contracting shall include offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, and roofing, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-7. 
Truck Terminal. A use of land and structures for the purpose of handling freight from one truck to another, including some short-term warehousing. Such use shall be permitted, provided:
1. 
The truck terminal is granted operating authority by the Pennsylvania Public Utilities Commission or the Interstate Commerce Commission.
2. 
The minimum lot size for such use shall be 25 acres.
3. 
Such use shall be located no closer than 1,000 feet to a residential district;
4. 
Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.
5. 
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-8. 
Planing Mill. A planing mill shall include facilities where wood products are processed to finished items such as molding, trim, etc., provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-9. 
Lumber Yard. Such use shall include a lumber yard and may include millworking as an accessory use, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-10. 
Trades. Such use shall include a plumbing shop, carpentry shop, cabinet-making, furniture-making, provided:
Parking. No less than three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-11. 
Fuel Storage and Distribution. Such use shall include fuel storage and distribution tanks and related buildings, provided:
1. 
Maximum lot area shall be five acres.
2. 
Parking. No less than one off-street parking space for every employee, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-12. 
Recycling and Refuse Facility. Such use shall include an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, and parts thereof, with the dismantling, processing, salvage, sale, or other use or disposition of the same, two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or two or more wrecked or broken vehicles, or major parts of two or more such vehicles, provided:
1. 
The proposed use of an area shall not be detrimental to adjacent land uses.
2. 
There shall be a maximum lot size of five acres.
3. 
Such use shall be a minimum of 700 feet from any public road as measured from the centerline of the road.
4. 
The land area used for such purposes shall not be exposed to public view from any residence or public street or road.
5. 
Such use shall be entirely enclosed by a solid fence or wall, at least six feet high and constructed of plank boards, brick, cinder block, or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.
6. 
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten foot staggered centers.
7. 
The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
8. 
There shall be no compacting of automobiles and no storage of auto chassis from which usable parts have been removed.
9. 
The storage of paper shall be within a building.
10. 
The storage of toxic chemicals or nuclear wastes shall be prohibited.
11. 
(Reserved)
12. 
All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells in accordance with the requirements of the municipality.
13. 
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6, herein.
G-13. 
Radio or Television Transmitter. A radio or television transmitter shall include a transmitting tower and supportive buildings, provided:
1. 
Such transmitter requires licensing by the Federal Communications Commission.
2. 
Such transmitter shall be a minimum of 50 feet or 1 1/2 times its height, whichever is greater, from its property line.
3. 
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.
G-14. 
Quarry. Such use shall include extractive operations for sand, clay, shale, gravel, topsoil, stone, and similar operations, including borrow pits (excavations for removing material for filling operations) subject to the following provisions:
1. 
No extraction shall be conducted closer than 200 feet to the boundary of any district in which extraction is permitted nor closer than 300 feet from the center line of any street, nor closer than 400 feet to the point of intersection of the center lines of two streets. The setback area shall not be used for any other use in conjunction with extraction except access streets, berms, screening, landscaping and signs.
Except where a railroad is a district boundary line, there shall be a berm of average height of 15 feet and maximum height of 50 feet. The slope of the sides of berm shall not exceed a 1:1 ratio. Berms shall be planted and dusted, and erosion control measures shall be taken as may be approved by the U. S. Soil Conservation Service. Planting and berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The municipality may require additional planting pursuant to the standards of Article X herein.
2. 
A chain-link fence at least 10 feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line, to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet.
3. 
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with the municipal subdivision and land development ordinance.
4. 
No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area except for tunnels to provide transportation of materials between extractive and processing areas.
5. 
All operations shall be conducted with sufficient lateral support to be safe with respect to: (1) hazard to persons, (2) physical damage to adjacent lands or improvements, or (3) damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.
6. 
Stockpiles shall not exceed 100 feet in height and shall not be located closer than 200 feet to any district boundary line nor closer than 300 feet to the centerline of any street except where a railroad is the district boundary line or where the contiguous district is a district in which extraction is permitted. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown, or otherwise transferred off the site by normal causes or forces.
7. 
All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.
8. 
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., §§ 164-168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than 1.0 inch per second, measured at any property line or at the centerline of any street.
9. 
(Reserved)
10. 
The operator shall, within six months of the effective date of this Ordinance, obtain a use and occupancy permit as required within § 1403 herein.
11. 
Parking. Off-street parking spaces shall be provided as the municipal governing body and planning commission shall determine as adequate to serve customers, employees, visitors, and vehicles normally parked on the premises.
G-15. 
Medical Marijuana Grower/Processor.[2] A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a Medical Marijuana Permit issued by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act (Act 16 of 2016) to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act. A Medical Marijuana Grower/Processor shall be subject to the following regulations:
[Added effective 12/9/2018 by JMZO Ord. No. 2017-02, adopted 12/4/2018.]
1. 
A Medical Marijuana Grower/Processor shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.
2. 
Parking. No less than one off-street parking space for every nine employees, or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for every company vehicle normally stored on the premises. All parking shall be screened in accordance with § 1001.F.6 herein.
3. 
As part of the conditional use application, the applicant shall verify that the proposed Medical Marijuana Grower/Processor is not within 1,000 feet of the property line of a public, private, or parochial school, preschool or day-care facility.
[2]
Editor's Note: Former Subsection G-15, Stripping of Soil, was repealed effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.
G-16. 
Lawful Use Not Otherwise Permitted. This Section is intended to provide for any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in other use categories described in this Section.
Lawful use not otherwise permitted shall be subject to the following regulations in addition to the regulations found in Articles IX and XIII hereof:
1. 
The use must comply with the front, rear and side yards, minimum lot area, maximum building height and impervious surface area requirements of the district in which the use is proposed.
2. 
The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other Commonwealth or Federal Governmental Agency which regulates such use.
3. 
A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 1003 of the Zoning Ordinance and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use including, but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
4. 
An applicant for conditional use approval for any lawful use not otherwise permitted at the time the conditional use application is submitted, shall submit an Environmental Impact Assessment Report in accordance with the provisions of Appendix A, Environmental Impact Assessment Report, incorporated into this Ordinance.
H. 
Accessory Uses.
H-1. 
Home Occupation or Accessory Office. This use shall include, but is not limited to, such home occupations as offices for the professional practice of architecture, accounting, law, engineering, clergy and teaching, and including such subprofessional occupations as retailing products such as greeting cards, cosmetics, household wares, vitamins, antiques and the like, typing service, home crafts and small item repair shops, not including vehicular repair, provided:
1. 
The Home Occupation or Accessory Office shall not constitute a possible nuisance to neighbors because of noise levels, odors, significantly increased traffic, extra lights and or night activity, the production or storage of hazardous products and by-products, or the keeping of dangerous animals.
2. 
The Home Occupation or Accessory Office shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto.
3. 
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Article XI.
4. 
There shall be no exterior storage of materials.
5. 
No article shall be sold or offered for sale except such as may be produced, repaired, refinished or assembled on the premises.
6. 
Servicing by commercial vehicles for supplies and/or materials shall not be permitted at a frequency greater than twice a week.
7. 
The Home Occupation or Accessory Office shall be carried on only by inhabitants of the principal dwelling and not more than one additional employee.
8. 
The total floor area of a premises devoted to any and all Home Occupations and/or Accessory Offices on that premises shall not be more than an amount equal to 25% of the ground floor area of the principal residential structure, or 400 square feet, whichever is less.
9. 
This use shall not include the following: veterinary practice; animal hospital; barber shop and/or beauty parlor; commercial stable and/or kennel; funeral parlor and/or undertaking establishment; tourist home; restaurant; rooming, boarding and/or lodging house; and medical, psychology and/or dental office, clinic and/or hospital.
10. 
Parking. In no case shall more than two additional off-street parking spaces be provided in addition to those required for normal residential use. Such parking shall be provided on the lot of the residence. All parking shall be screened in accordance with § 1001.F.6 herein.
H-2. 
No-Impact Home Based Business. This use is limited to 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:
1. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2. 
The business shall employ no employees other than family members residing in the dwelling.
3. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
5. 
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.
6. 
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.
7. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
8. 
The business may not involve any illegal activity.
9. 
A no-impact home-based business is not permitted where prohibited by a deed restriction, covenant or agreement restricting the use of land, master deed, bylaw or other document applicable to a common interest ownership community.
H-3. 
Residential Accessory Structure. Such use shall include a residential accessory structure or use, including but not limited to:
1. 
Structures such as fences and freestanding walls, which shall meet the following requirements:
[Amended effective 11/18/2013 by JMZO Ord. 2013-05, adopted 11/13/2013.]
a. 
The maximum height shall be four feet in the front yard and seven feet elsewhere, except that for "post and rail" or "post and board" fences, a maximum fence height in the front yard of five feet shall be permitted, provided that the fence has a minimum of 50% open area.
b. 
Any fence over six feet in height shall have effective apertures representing no less than 25% of the surface area if the surface area is in one plane, and no less than 40% of the surface area if surfaces are staggered.
c. 
Any fence in the side yard which is over six feet high must be landscaped on the side toward the street unless it is parallel to or on the side lot line.
d. 
On a reverse frontage lot, any backyard fence over six feet in height shall be landscaped on the side toward the street.
e. 
If a lot fronts on two or more streets, the height limitations defined in Subsection 803.H-3.1.a above shall apply along all of the streets.
f. 
There shall be no fences located in drainage easements or drainage swales which are part of an approved stormwater management plan.
g. 
Fences and walls shall be kept in good repair.
h. 
Where a fence is installed on a man-made berm, the height of the berm shall be included when calculating maximum fence height.
i. 
Materials and Construction.
(1) 
For fences that require posts or framework for support, the posts or framework must face the interior of the lot.
(2) 
Fences with only one finished side shall be installed such that the finished side faces the exterior of the property.
(3) 
Where cooperating property owners with a common property line are both installing fences of the same height and of the same length, the finished side may face the interior of the property and/or the posts or framework may face the exterior of the property.
2. 
A garage for the parking of passenger automobiles and commercial vehicles not exceeding 3/4-ton loading capacity; such structure, whether attached or detached, shall meet the yard requirements of the zoning district within which it is located;
3. 
Buildings such as storage sheds, bath houses, and private greenhouses, barns, etc.;
4. 
No greater than one residential accessory apartment for domestic servants, caretakers employed on the premises, occasional gratuitous guests, or for permanent residence of family members related by blood, marriage, or adoption provided that:
a. 
Not less than two off-street parking spaces shall be provided for each dwelling unit. In addition, no off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visually buffered from the street and the adjacent yards.
b. 
A permit is obtained from the Bucks County Department of Health certifying the adequacy of the sewage facilities for two family uses;
c. 
Any new construction conforms to the yard and building setback requirements for single family dwellings in the zoning district in which the use is located. (Requirements of § 1000.E.4 do not apply to this use.).
d. 
The applicant for a residential accessory apartment must provide satisfactory evidence that the water supply servicing the location is sufficient to service all uses located therein including the proposed apartment use without appreciably affecting the water supply of the surrounding property owners;
e. 
If attached to the primary residence, the residential accessory apartment shall be designed and constructed in such a way as to maintain the primary residence's appearance as a single family residence. If located within an accessory building, it shall be designed and constructed in such a way as to maintain the appearance of a structure customarily accessory to a use permitted in the zoning district such as a garage, barn, or other permitted structure.
f. 
Upon termination of the family member use of the accessory structure, its use shall revert only to a permitted use in the zoning district in which the structure is located.[3]
[3]
Editor’s Note: Former Section H-3, Subsection 5, regarding PRDs, which immediately followed this subsection, was repealed effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.
H-4. 
Boarding. Boarding shall include the keeping of not more than two roomers, boarders, or lodgers on a lot. Boarding may be permitted as an accessory use only to a principal Use B-1, provided:
1. 
The use of an existing building for boarding shall be permitted subject to the following regulations:
a. 
Applications shall be filed with the zoning officer.
b. 
The application shall consist of a written request and the following information:
(1) 
Four photographs of the house, one showing each side of the building;
(2) 
Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds;
(3) 
A statement indicating the number of proposed dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space area per occupant; and
(4) 
Sketch plan of each floor in which dwelling units will be located showing the dimensions of each dwelling unit.
2. 
Any dwelling converted shall be occupied in part by the owner or his agent.
3. 
No additional rooms shall be constructed for this purpose.
4. 
No separate cooking facilities or dwellings shall be created.
5. 
Only one boarder or lodger shall be permitted per property in the VR1 and VR4 Districts.
6. 
Parking. No less than one off-street parking space shall be provided for each roomer. All parking shall be screened in accordance with § 1001.F.6, herein.
H-5. 
Accessory Building. Such use shall include an accessory building or structure, or uses customarily incidental to nonresidential uses, except outside storage, provided:
1. 
Any use accessory to a use permitted only under a special exception shall be established only and as provided in such exception.
2. 
A trailer or shipping container, whether or not removed from its wheels and mounted on a permanent foundation, may not be used as an accessory building.
3. 
Parking. Shall conform to the requirements of the most closely related use in Article VIII of this Ordinance.
H-6. 
Outside Storage.
1. 
Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
a. 
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.
b. 
Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.
c. 
Outside storage areas shall be shielded from view from the public streets.
2. 
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of paragraphs H-6, 1.b and c. above when granted as a special exception by the Local Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
a. 
No more than 25% of the lot area shall be used in outdoor storage.
b. 
In particular, uses appropriate for consideration under this provision include, but are not limited to, any nursery (Agriculture and Horticulture, Use A-1), Automotive Sales (Use F-11), Truck Terminal (Use G-7), and Lumber Yard (Use G-9).
c. 
Among the uses that shall not be considered appropriate for inclusion under this provision are Retail Shop (Use E-1), Repair Shop (Use E-7), Service Station (Use E-10), Repair and Automotive Car Wash (Use E-12), Automotive Accessories (Use VIII-63 E-13), Wholesale (Use G-3), Contracting (Use G-6), and Trades (Use G-10).
3. 
The storage of tractor trailers, panel trucks, vans, and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted provided that such vehicles shall be used by the establishment in the normal conduct of its business.
H-7. 
Temporary Structure. Such use shall include a temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a non-recurring nature, subject to the following additional provisions:
1. 
The time period of the initial permit shall be six months. This permit may be renewed for three month time periods, subject to the limitations specified § 1403.
2. 
Temporary nonconforming structures or uses shall be subject to authorization by the zoning officer or governing body.
3. 
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.
4. 
Campers, recreation vehicles, and boats shall be stored on the premises by the occupant of the premises only and then only behind the front line of the house.
5. 
Tractor trailers shall not be permitted to be parked in residential districts.
H-8. 
Swimming Pool. A swimming pool shall be permitted as an accessory to a residential use, provided:
1. 
Swimming pools, in general:
a. 
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 12 inches at the deepest or lowest point unless a permit is first obtained from the local enforcement officer and the required plans and information are filed, together with required permit fees. Wading pools exempt from the provisions of this Ordinance are those temporary pools of a plastic, light metal, or other light duty materials which do not exceed a struck volume depth of 12 inches at the deepest or lowest point, and in addition, which are completely emptied of water when not in use.
b. 
The setback for swimming pools and all their appurtenances including but not limited to decks, copings and filter equipment shall be at least 10 feet from the side and rear property lines. If the side and rear yard setbacks for the lot size in the zoning district in which the property is situated are less than 10 feet, then such smaller setbacks shall apply. No swimming pools may be located in the front yard.
c. 
Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this Ordinance.
d. 
No person, owner, or occupant of land shall install or maintain a non-exempt wading pool as defined in this Ordinance unless a permit is obtained from the local enforcement officer and written approval obtained upon inspection and subject to the discretion of the inspection officer, except as hereinafter provided.
2. 
Any pool or water area subject thereto shall be suitably designed, located, and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.
3. 
Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
4. 
All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.
5. 
If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.
6. 
Approved filtration systems and circulators must be provided for all pools except such exempt or non-exempt wading pools as are emptied on a daily basis as hereinafter provided.
7. 
All pool installations shall conform to all applicable building codes.
8. 
In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthy condition. Further, it shall be a violation of this Ordinance to cause or allow drainage onto adjoining land, public or private; provided, however, that the building officer may issue a permit for drainage into storm sewers at his discretion.
9. 
No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
10. 
No water shall be placed in the pool until a fence, as required by this Ordinance, has been completed.
11. 
Fencing of Pools:
a. 
Permanent swimming pools above or below grade must be completely enclosed with a minimum four-foot high chain link, stockade, picket, (not exceeding four inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this Ordinance. No fence except a chain link fence shall be higher than five feet, nor shall any chain link fence be higher than seven feet, unless higher fences are authorized as a special exception by the Local Zoning Hearing Board. Existing fences are exempt only insofar as they exceed maximum height requirements.
b. 
Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children, and ladders or steps from the ground are removed or the pool is made inaccessible, when not attended.
c. 
Plastic, aluminum, or other types of exempt wading pools incapable of being filled to a depth in excess of 12 inches (at deepest or lowest point) and which are completely emptied of water on a daily basis or when not in use shall be exempt from the fencing provisions of this Ordinance.
12. 
Swimming pools shall be considered impervious surface for the purpose of calculation of the impervious surface ratio.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
H-9. 
Accessory Retail. Such use as catalogue or party sales which is accessory to a primary residential use, provided:
1. 
The gross floor area of such use shall not exceed 300 square feet.
2. 
Such use shall be carried on wholly indoors.
3. 
Such use shall not include any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.
4. 
Parking. No less than one off-street parking space for every 150 square feet of gross floor area. All parking shall be screened in accordance with § 1001.F.6, herein.
H-10. 
Dwelling in Combination with a Business. One apartment accessory to a primary commercial or office use shall include an owner-occupied apartment located in the rear of or over a business, provided:
1. 
The regulations governing Residential Conversion, Use B-16, shall be met.
2. 
In the TC Town Commercial District, such uses shall not be limited to one apartment or to owner occupancy. Two off-street parking spaces shall not be required for each dwelling unit when an equal number of parking spaces is provided for the principal, business use on the property.
H-11. 
Bed and Breakfast. A Bed and Breakfast is any building or residence used for accommodation of transient guests which is not a Motel, Hotel or Inn as enumerated in § 803.E-8 hereof. Such uses shall be subject to the following provisions:
1. 
Except in the TC Town Commercial District and the VC-1 District, such uses shall be accessory only to a single-family detached residential use that is in compliance with the provisions of the district in which it is located.
2. 
Except in the TC Town Commercial District and the VC-1 District, such uses shall be subordinate to the principal owner occupied residential use.
3. 
Maximum number of guest rooms in the CM, CR-1, CR-2, R-1 and R-2 Districts shall be six. In the VR-1, VR-4, TC, and VC-2 Districts, the maximum number of guest rooms shall be four. In the VC-1 District, the maximum number of guest rooms shall be eight.
4. 
Minimum lot size:
a. 
In the CM Zoning District: three acres for first two guest rooms, plus 1/2 acre for each additional guest room.
b. 
In R-1 and CR-1 Zoning Districts, 60,000 square feet for first two guest rooms, plus 1/2 acre for each additional guest room.
c. 
In the R-2 and CR-2 Zoning Districts, 50,000 square feet for the first two guest rooms, plus 1/2 acre for each additional guest room.
d. 
In the VR-1, VR-4, TC, VC-1 and VC-2 Zoning Districts, the minimum lot size which is permitted in the district in which the use occurs.
5. 
At least one bathroom shall be provided for first guest room plus one bathroom for each two additional guest rooms. The living quarters for the residents shall have their own bathroom or bathrooms.
6. 
Any one or more guests may not remain in the same Bed and Breakfast facility for more than 14 days in a six-month period.
7. 
No external alterations, additions, or changes to the exterior structure shall be permitted, except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency. Fire escapes or external stairways shall be located either to the rear or to the side of the residence.
8. 
Such use shall be subject to the Municipality's Fire Code.
9. 
Nonresident employees shall be limited to two in addition to the resident members of the family.
10. 
There shall be no separate kitchen or cooking facilities in any guest room. Food served to overnight guests shall be limited to breakfast. There shall be no restaurant facilities on the premises open to the public.
11. 
The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. Any swimming pool provided for use by guests shall comply with the provisions of § 803 H-8 of this Ordinance.
12. 
If the outdoor amenities in subparagraph 11 above are within 100 feet of a property line, an evergreen hedge or row of evergreen trees shall be planted along the property line, which will block the view of the recreation facilities from the adjacent property in accordance with the buffer yard standards of this Ordinance.
13. 
The use of outdoor amenities by the Bed and Breakfast guests shall be limited to the hours of 9:00 a.m. to 10:00 p.m.
14. 
The Bed and Breakfast use may not be established until there is compliance with the applicable provisions of the municipal Building Code, as well as other municipal rules and regulations, and a Use Permit has been issued by the local Zoning officer.
15. 
A Conditional Use shall not be granted unless the applicant has obtained a valid Bucks County Department of Health permit for this intended use. If the proposed use is to be served by a public sewage system, the applicant shall submit documentation from the servicing authority that the proposed use will be served.
16. 
Parking. There shall be one off-street parking space per guest bedroom provided on the premises, in addition to other off-street parking spaces required by this Ordinance. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjacent properties by fencing or natural vegetation in accordance with the buffer yard standards of this Ordinance.
H-12. 
Microwave Antenna for Television Receiving Only Satellite Earth Stations. A parabolic ground based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a dish antenna, or any other type of antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite shall be permitted as a Use by Right in all districts, subject to the following regulations: (This use shall in no event be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves, such uses being permitted only as G-13 Radio or Television Transmitter.)
1. 
All Residential Districts - microwave antenna shall be considered a permissible accessory use subject to the following:
a. 
The yard requirements for the location of a microwave antenna shall be those requirements specified for a single-family dwelling. The measurements shall be taken from the edge of the screening required under this subsection.
b. 
In lots of less than 10 acres, microwave antennas shall not be permitted in the front yard except as a special exception by the Local Zoning Hearing Board upon proof by the applicant that the microwave antenna cannot be feasibly located in any other area on the lot in question. On lots of 10 acres or more, the antenna is permitted in the front yard only if it is not visible from the street or from adjoining lots. If it is visible from the street or from adjoining lots, the antenna will not be permitted unless approved by a special exception granted by the Local Zoning Hearing Board upon proof that it cannot be feasibly located in any other area.
c. 
The diameter of the microwave antenna shall not exceed nine feet.
d. 
When separately supported, the total height of the microwave antenna shall not exceed 10 feet, unless approved as a special exception by the Local Zoning Hearing Board.
e. 
Roof mounting is not recommended. If roof mounted, the microwave antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the ridge line. Provided, however, in no event shall a roof mounted microwave antenna exceed three feet in diameter. Microwave antennas shall not be mounted on chimneys.
f. 
No more than one microwave antenna shall be permitted on any lot.
g. 
When not roof mounted, the microwave antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier to adjoining houses and to the street. Before a permit will be issued for the erection of a microwave antenna, a screening plan must be submitted to and approved by the local municipality.
h. 
Before erection of any such microwave antenna a permit application shall be made to the municipality and a permit issued in accordance with § 1403.C.1.d of this Ordinance.
i. 
In the historic districts, microwave antenna shall be permitted only upon approval of a conditional use subject to the following conditions:
(1) 
Compliance with the provisions of subparagraphs 803.H-12.1.a through h. hereof;
(2) 
Satisfactory proof that the microwave antenna will not be visible from any public street passing through the historic district and that its size, location, and type of buffer will not be designed or located in such a way as to impinge on or diminish historic value of homes, businesses, and other historic structures within the historic districts.
2. 
All Other Districts - Microwave antenna shall be considered a permissible accessory use subject to the following regulations:
a. 
A microwave antenna shall be subject to the most restrictive yard requirements for uses within the district in which it is proposed.
b. 
The diameter of a microwave antenna shall not exceed nine feet.
c. 
The total height of the microwave antenna shall not exceed 10 feet.
d. 
A microwave antenna shall not be a permitted in the front yard except as a special exception by the Local Zoning Hearing Board upon proof by the applicant that the microwave antenna can be located in no other location on the lot in question. Applicant shall have the burden of establishing that a microwave antenna proposed to be located in a front yard can be visually screened from the street and from adjoining properties and failure to meet that burden shall be grounds for denial of the application for special exception.
e. 
When not roof mounted, a microwave antenna shall be screened by staggered plantings of evergreens which present a solid visual barrier. Before a permit will be issued for the erection of a microwave antenna, a screening plan must be submitted to and approved by the local municipality.
f. 
Roof mounted microwave antennas shall not be permitted which exceed three feet in diameter unless they are totally screened from view.
g. 
Microwave antennas shall not be mounted on chimneys.
h. 
Before erection of any such microwave antenna, a permit application shall be made to the municipality and a permit issued in accordance with § 1403.C.1.d.i.
i. 
See item 1.i, above.
H-13. 
Noncommercial Accessory Radio Antenna.
1. 
Scope.
a. 
Antennas and structures covered by this Section include those used by amateur and citizen band radio operators, "short wave" listeners and experimenters; and those used for educational purposes. All such uses shall be noncommercial and involve no direct or indirect compensation to the operator of the connected apparatus.
b. 
The term "radio station" includes any means for the transmission or reception of electromagnetic waves in any legitimate form not prohibited by the Federal Communications Commissions. This includes radio, television, facsimile and other forms of data transmission and reception.
c. 
This Section does not pertain to satellite dish antennas for receiving commercial television programs such use being regulated by § 803.H-12 of this Ordinance.
d. 
This Section does not apply to wire and "whip" antennas nor to unguyed single element vertical antennas of less than 35 feet in height, unless such antenna is mounted on or supported by a mast pole or tower which, with the antenna added, exceeds the height limitations in § 803.H-13.3. This Section does not specifically apply to tower mast and pole-supported multiple element arrays such as, but not limited to, "Yagi," "quad," "loop," "dish," "ground plane" and similar antennas.
2. 
Location on Property.
a. 
All poles, masts and towers used to support antennas, and all parts of the antenna structures which they support, including beams and reflectors, shall be placed or extend no closer than five feet to an official right-of-way or to property under an easement. An exception shall be made to this requirement where a tree, existing pole or other structure nearer to a property line or easement than the above stated distances is used to support the end of a wire antenna. In addition to the above limits, the height of the antenna may impose other location limitations as described in § 803.H-13.3 herein.
b. 
No ground-mounted poles, masts and towers used to support an antenna shall be located in a front yard. If roof-mounted, they shall not extend over the front edge of the roof.
3. 
Height. The highest point of any antenna, ground or roof-mounted, and its supporting structure shall not exceed in height an amount equal to the distance, at ground level, from a point directly under the center of the antenna mounting structure to the nearest right-of-way or property line, unless a building permit for its construction is obtained as described in § 1403.C. herein. In addition, antennas over the following heights shall require building permits regardless of location:
a. 
Antenna with ground-mounted support structure: 60 feet, except that no such antenna shall exceed a height of 150 feet except upon approval of a special exception by the Local Zoning Hearing Board upon proof by the applicant that the contribution of such antenna to the health, safety and welfare of the community will be of such value as to outweigh any criticisms to its construction which may be made by duly-notified neighbors who own property within 1,000 feet of the proposed antenna site.
b. 
Antenna with roof or building-mounted supports: 20 feet above peak roof height.
4. 
Compliance with Federal Regulations and National Electric Code. All antennas and structures shall comply with all Federal Communications Commission (FCC) Regulations and to all requirements of the National Electric Code as applicable.
5. 
Construction Requirements. The construction of antennas and support structures shall conform to the latest adopted municipal building code.
6. 
Maintenance. All antennas and support structures shall be maintained so as to prevent any unsafe conditions from occurring. This shall include repainting of support structures where appropriate, replacing broken or badly corroded support elements, tightening loose mounting hardware, etc.
7. 
Permits. Any antenna and support structure covered by § 803.H-13 shall require a use permit, the application for which shall include a sketch showing location of the proposed structure on the property with measured distances to the property and right-of-way lines, and shall include a statement as to type of structure and height. In addition, any antenna and support structure which exceeds the height limitations of § 803.H-13.3 shall require a building permit as described in § 1403.C herein.
H-14. 
Bituminous Asphalt and Ready-mix Concrete Use Accessory to Quarry Use.
1. 
A bituminous asphalt plant shall be a plant or operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building or construction purposes. A ready mix concrete plant shall be a plant or operation which has its primary function the mixing of materials to make concrete. Such uses shall be subject to the following conditions:
a. 
Bituminous asphalt and ready mix concrete plants shall be permitted only as accessory uses to Use G-14, Quarry.
b. 
In addition to the requirements of Use G-14 Quarry, bituminous asphalt and ready mix concrete plants shall be subject to the following requirements:
(1) 
The use must comply with the front, rear, and side yard, minimum lot area, maximum building height and impervious surface area requirements of the district in which the use is proposed.
(2) 
The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other Commonwealth or Federal Governmental Agency which regulates such use.
(3) 
A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 1003 of this Ordinance and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use including, but not limited to noise, dust, vibration, odor, illumination, visual effects, and the like.
(4) 
An applicant for conditional approval for a bituminous asphalt and/or ready-mix concrete plant accessory to a quarry use may be required by the Board of Supervisors of the Township in which the application is filed to submit an Environmental Impact Assessment Report.
H-15. 
Agricultural Accessory Uses (Except Public and Retail Use Accessory to a Vineyard or Winery-Use H-17).
1. 
The purpose of these regulations is to encourage the continuation of farming and the preservation of farmland by allowing working farmers to market their products and services directly to the public as an accessory use and in a manner that is compatible with the residential character of the Townships and with the Comprehensive Plans of each Township.
a. 
Roadside Stands for Sale of Agricultural Products Grown on Site. Agricultural products grown by the residents of the property may be sold at a roadside stand on the property. Each roadside stand shall sell only products grown by the residents of the property on which the stand is located. Each roadside stand must not exceed a maximum size of 400 square feet and must also provide, to the Township's satisfaction, a safe means of egress and ingress from a public street as well as sufficient off-street parking to accommodate customers. Said roadside stand need not be in the immediate proximity to a public roadway if the other standards as herein set forth are met.
b. 
Agricultural Sales of Farm Products. The sale of food, farm and/or agricultural products to the general public shall be permitted, subject to the following regulations:
(1) 
The minimum lot area shall be 10 acres.
(2) 
The maximum floor area for the retail agricultural sales shall be 3,000 square feet. The 3,000 square foot maximum shall not include areas used for traditional agricultural activities (not retail sales).
(3) 
Floor area shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the calculation of maximum limits are display areas outside the building or structure as well as inside floor area for storage and processing of products where the customer is completely restricted from access.
(4) 
Agricultural sales of farm products use is strictly an accessory use which shall be clearly subordinate to principal uses A-1, A-2 and A-6.
(5) 
Farm products shall be limited to plant material, crops harvested from plants, dairy products, poultry products, meat products, and such things as honey, preserves and jellies made from fruit or vegetable products. Baked goods and related specialty food items made with farm products may also be sold. Sales of associated incidental items shall be permitted provided they do not constitute more than 25% of annual sales volume in dollars. There shall be no sale of tobacco products, newspapers, magazines or other sundries.
(6) 
Buildings shall comply with the minimum setback requirements of the zoning district. Temporary buildings or stands shall be located behind the legal right-of-way line and be located so as not to constitute a traffic hazard, in the opinion of the Code Enforcement Officer.
(7) 
Parking. No less than four off-street parking spaces shall be provided behind the legal right-of-way and on the same side of the street as the stand or building conducting the use. Parking spaces need not be permanently paved, but must be improved with a material approved by the municipal engineer and appropriately marked.
c. 
Agricultural Entertainment Uses. The use of a farm for seasonal festivals related to products grown on the farm, craft fairs (including antique shows), municipally-sponsored events, hayrides and horse shows.
(1) 
All agricultural entertainment uses shall meet the requirements for water supply, sewage disposal and rest room facilities of the Bucks County Health Department and any other agency with jurisdiction.
(2) 
The agricultural entertainment use is permitted as an accessory use only. If any of the conditions to which the agricultural principal use is subject cease to be met, then the agricultural entertainment use shall also cease.
(3) 
Minimum lot area required: 25 contiguous acres.
(4) 
No activity, event or structure used for an agricultural entertainment use shall be located within 150 feet of a right-of-way line or residential property line, except for parking areas which may be located within 50 feet of a right-of-way line or residential property line.
(5) 
No agricultural entertainment use shall continue past 11:00 p.m. unless the owner of the property on which the agricultural entertainment use is being held obtains conditional use approval to allow for event hours beyond 11:00 p.m.
(6) 
The following types of activities shall not be considered agricultural entertainment uses:
(a) 
Mechanical rides or amusements (except for rides on farm equipment).
(b) 
Flea markets except as may be permitted in accordance with this Code.
(7) 
Specific agricultural entertainment uses are subject to the following regulations:
(a) 
Halloween Hayrides. A permit shall be required. Halloween hayrides may operate from the last Friday in September through the first Sunday in November only.
(b) 
Seasonal Festivals. A permit shall be required for each seasonal festival. No more than four seasonal festivals shall be permitted per farm per calendar year. A single festival shall not exceed four days.
(c) 
Craft Fairs (including antique shows). A permit shall be required for each craft fair or antique show. No more than two craft fairs or antique shows shall be permitted per farm per calendar year. The duration of a single craft fair or antique show shall not exceed four days.
(d) 
Horse Shows. A permit shall be required for each horse show. No more than four horse shows shall be permitted per farm per calendar year. The duration of a single horse show shall not exceed four days.
(8) 
Parking for agricultural entertainment uses. Off-street parking areas shall be provided in designated areas to accommodate all attendees at any agricultural entertainment use. Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 100 feet in length from the edge of paving, as well as a gravel tire-cleaning area 50 feet in length.
(9) 
A traffic control plan must be submitted to and approved by the Township Police Department prior to receiving a permit for an agricultural entertainment use.
(10) 
Lighting. Lighting may be used for agricultural entertainment uses for the duration of the event only, and may not shine or produce glare on adjacent properties.
(11) 
Signs. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than two weeks prior to the event and must be removed within five days of the conclusion of the event. No more than 32 square feet of sign area for the farm entertainment use shall be permitted at any time on any one property. The signs must have a sign permit and shall be subject to all applicable requirements of Article XI, Signs. No off-premises signs are permitted unless approved by the Township.
H-16. 
Low-Impact Home Landscape Contractor.
1. 
A low-impact home landscape contractor use is limited to the use of a residential dwelling as a base of operation for a home occupation landscape business which is clearly secondary to the use as a residential dwelling and which involves no customer or client 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 low-impact home landscape contractor must satisfy the following requirements:
a. 
The low-impact landscape business shall meet the minimum lot requirements for the appropriate zoning district.
b. 
The low-impact landscape business activity shall be compatible with the residential use of the property and surrounding residential uses.
c. 
The low-impact landscape business shall employ no employees other than family members residing in the dwelling.
d. 
There shall be no display or sale of retail goods and no stockpiling or inventory of landscaping supplies including but not limited to such items as mulch, top soil, hardscaping, and other materials which could be used in landscaping operations.
e. 
There shall be no outside appearance of a landscape business use, including, but not limited to, parking, signs or lights.
(1) 
Vehicle parking shall be limited to a principle vehicle not exceeding one ton capacity, along with one pull behind trailer not to exceed 16 feet in length.
(2) 
All parking shall be behind a point parallel to the front face of the residence. There shall be no parking in the set-back areas on the property.
(3) 
All vehicle parking shall be screened from adjoining properties either by natural vegetation or a fence.
f. 
The low-impact landscape business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
g. 
The low-impact landscape business activity shall not generate any solid waste of any type. The storage of waste materials generated from landscape or hardscape activities at other locations may not be brought back and stored on the property.
h. 
The low-impact landscape business activity shall be conducted within the dwelling and accessory buildings. Not more than 25% of the combined habitable floor area and accessory buildings shall be utilized for the business or the maximum area of 1,600 square feet, which ever is less.
i. 
A low-impact landscape based business is not permitted where prohibited by a deed restriction, covenant or agreement restricting the use of land, master deed, bylaw or other document applicable to a common interest ownership community.
j. 
A low-impact based business shall obtain a use permit from the municipality prior to commencing activities. Failure to obtain a permit will constitute a violation of this provision of the Zoning Ordinance.
k. 
Nothing in this subsection shall supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
H-16.1. 
Accessory Landscape Contractor.
1. 
An accessory landscape contractor use is limited to the use of a residential dwelling as a base of operation for a home occupation landscape business.
a. 
A lot area of not less than five acres shall be required unless a lesser acreage is permitted by conditional use approval and the requirements of Article XIII of the JMZO are met.
b. 
There shall be no retail sales of nursery materials or anything else from the property.
c. 
An accessory landscape contractor use is permitted by conditional use approval within the CM, Conservation Management District.
d. 
An accessory landscape contractor use must be conducted in conjunction with a residential dwelling that is the bona fide residence of the principal practitioner or proprietor of the use. Proof of residency shall be submitted to the municipality before commencing the use and at regular intervals determined by the municipality to confirm ongoing residency.
e. 
The accessory landscape contractor use must be conducted by the resident(s) of the dwelling unit. No more than three employees or contractors, including the proprietor of the use, shall be permitted on the property for periods of limited duration to conduct incidental aspects of the use, such as equipment retrieval or job assignment.
f. 
The appearance of the residential structure shall not be altered, nor shall the accessory landscape contractor use be conducted in a manner which would cause the residential structure and exterior areas to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the property to attract clients.
g. 
No more than two business vehicles including trucks, vans and/or automobiles either specially adapted for the trade or having a logo or sign on the vehicle, may be parked on the property. No more than two utility trailers shall be permitted on the property. Non-commercial trucks and vans shall be limited to a loading capacity not exceeding one ton. No such vehicles or vehicles of employees or utility trailers shall be parked in the front yard or within the right-of-way of any public street.
h. 
All business vehicles shall be parked and located either in an enclosed building or in an exterior storage area in the rear yard in a single area not to exceed 1,600 square feet which must not be visible from the front yard. An exterior storage area includes any area where vehicles, equipment, materials and the like are stored either in the open, under a tent or similar covering or in a structure without a roof or four walls.
i. 
Incidental preparation, assembly and processing of materials used in the accessory landscape contract use shall occur wholly indoors or within the exterior storage area permitted in subsection 8 hereof and shall be limited to an area no greater than 1,600 square feet. Additionally, the aforesaid activities and any equipment used in connection therewith shall not create discernible noise, vibration, glare, fumes, odors or electrical interference; or which creates visual or audible interference in any radio or television receiver, or causes fluctuations in line voltage, off the property.
j. 
The total impervious coverage on any property used for this Use H-16 shall not exceed the maximum impervious coverage for a single-family detached dwelling use in the CM District.
k. 
The total area of any buildings in which the activities permitted herein are conducted (including vehicle storage, work area, office and the like) shall not exceed at total of 1,600 square feet.
l. 
The buffering requirements of § 1003 of this Ordinance shall be met.
m. 
The accessory landscape contractor use may not generate any solid waste or sewage discharge, in type or volume, which is not normally associated with a residential use. The property shall not be utilized for the storage of natural or synthetic waste for future disposal. Burning or composting of waste materials is not permitted.
n. 
Deliveries to the property are permitted in daylight hours in vehicles with no more than three axles. The property shall not be utilized as a staging area for mulch, stone, topsoil, hardscape, or other items typically used in conjunction with the use.
o. 
Nothing in this subsection shall supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
H-17. 
Public and Retail Use Accessory to a Vineyard or Winery.
1. 
The public and retail use accessory to a vineyard or winery is an accessory use to a vineyard or winery for the commercial purpose of retail sales and tasting facilities for wine and related promotional items. Public and Retail Use Accessory to a Vineyard or Winery shall comply with the following conditions:
a. 
Minimum Lot Size. In Wrightstown Township and Upper Makefield Township at least five acres and in Newtown Township, at least one acre of the lot on which the Public and Retail Use Accessory to a Vineyard or Winery is located shall be planted with wine-producing crops by the operator of this accessory use. The Public and Retail Use Accessory to a Vineyard or Winery shall only be permitted as an accessory use to the principal use of the property as a vineyard or winery.
b. 
Floor Area. For a Public and Retail Use Accessory to a Vineyard or Winery with less than 10 acres, the maximum floor area of a building which may be devoted to serving the customers shall be 1,500 square feet. For a Public and Retail Use Accessory to a Vineyard or Winery with 10 or more acres, the maximum floor area of a building which may be devoted to serving the customers shall be 3,000 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display area outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine making process.
c. 
Activities Permitted. A Public and Retail Use Accessory to a Vineyard or Winery may provide for the sale of wine and related products, wine tasting, and instruction related to the wine making process.
d. 
Special Events. The use of the space within or outside of the Public and Retail Use Accessory to a Vineyard or Winery for special events such as parties or receptions is permitted in accordance with the following standards. E-5 Restaurant uses are not permitted.
[Amended effective 7-28-2014 by JMZO Ord. 2014-02, adopted 7-23-2014.]
(1) 
Use of the Public and Retail Use Accessory to a Vineyard or Winery for special events shall be an accessory use to the vineyard and winery use.
(2) 
In order to hold special events other than educational seminars, workshops, or meetings with 50 or fewer attendees, a Public and Retail Use Accessory to a Vineyard or Winery must contain a minimum of 10 contiguous acres.
(3) 
No outdoor activity/event or temporary structure associated with a special event shall be located within 150 feet of any property line, except that parking areas may be located having a fifty-foot setback from the property lines. There shall be a vegetative buffer area between all parking areas and adjacent residential uses and districts. The buffer shall include evergreen planting, at least three feet in height. The species and spacing of the plantings shall be reviewed and approved by the host municipality.
(4) 
Special events are limited to the following:
(a) 
Educational seminars, workshops, meetings and other events are permitted provided they are held indoors. The term "indoors" does not include events held under tents or other temporary structures. The maximum allowed attendance will be in accordance with the Fire Marshal's maximum occupancy requirements.
(b) 
When another event exceeds 50 attendees, a Public and Retail Use Accessory to a Vineyard or Winery must contain a minimum of 10 contiguous acres.
(c) 
Outdoor events, including those held under tents or other temporary structures, are permitted. There shall be no more than 24 outdoor events in any calendar year. An outdoor event is any gathering of people which includes the use of amplified sound.
(d) 
All special events, whether indoor or outdoor, shall end no later than 10:00 p.m.
(5) 
The Public and Retail Use Accessory to a Vineyard or Winery must have frontage on and access to a feeder street or roadway of higher classification. The operator of a Public and Retail Use Accessory to a Vineyard or Winery shall demonstrate sight distances at the entrance and exit which meet the criteria of the applicable Township's Subdivision and Land Development Ordinance.
(6) 
Amplified music is permitted pursuant to each Township's Noise Ordinance.
(7) 
Parking shall be provided in designated areas.
(8) 
Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties.
(9) 
Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 100 feet in length from the edge of paving, as well as a gravel tire-cleaning area 50 feet in length.
e. 
Access. Vehicular access to a Public and Retail Use Accessory to a Vineyard or Winery shall be sufficient, in the opinion of the host Township, to accommodate two-way traffic.
f. 
Setbacks. Buildings at a Public and Retail Use Accessory to a Vineyard or Winery shall be located no closer than 75 feet to any property line.
g. 
Limit on Retail Sales. Not more than one building for retail sales shall be permitted on any tract, parcel or property being used as a Public and Retail Use Accessory to a Vineyard or Winery.
h. 
Parking. One space per employee, plus two spaces for the dwelling unit if applicable. In addition, sufficient on-site parking area, as determined by the local governing body, shall be devoted to servicing customers and/or visitors to the Public and Retail Use Accessory to a Vineyard or Winery. In no event shall there be less than 10 parking spaces, all of which shall be improved to a mud-free condition. The designated parking area shall be a minimum of 10 feet from the ultimate right-of-way and shall be located on the same side of the street as the winery.
H-18. 
Accessory Contractor or Trade.
1. 
An accessory contractor or trade use is limited to the use of a residential dwelling to support a small-scale contracting or trades business whose major business activities are conducted elsewhere. This use shall include, but is not limited to, support for an electrician, a plumber, a carpenter, a mason, a painter, a roofer, and similar occupations. This use shall not include a landscape contractor or similar occupations that require the outdoor storage of vehicles, materials, or equipment. There shall be no on-site prefabrication of structures or components or subassembly of components or materials.
a. 
A lot area of not less than five acres shall be required unless a lesser acreage is permitted by conditional use approval and the requirements of Article XIII of the JMZO are met.
b. 
There shall be no retail sales of materials or anything else from the property.
c. 
An accessory contractor or trade use is permitted by conditional use within the CM, CR-1, RI, and RI-A Districts.
d. 
An accessory contractor or trade use must be conducted in conjunction with a residential dwelling that is the bona fide residence of the principal practitioner or proprietor of the use. Proof of ownership and residency shall be submitted to the municipality before commencing the use and at regular intervals, as determined by the municipality, to confirm ongoing residency.
e. 
The accessory contractor or trade use may employ the resident family members of the property. No more than two employees who are not resident family members of the property shall be permitted on the property for periods of limited duration to conduct incidental aspects of the use, such as equipment retrieval or job assignment. The property shall not be used as a gathering place for employees. For this use, an employee is defined as any person being employed by and/or compensated for work conducted on behalf of, for, or in conjunction with the accessory contractor or trade use established or proposed to be established upon the property including, but not limited to, independent contractors.
f. 
The appearance of the residential structure shall not be altered, nor shall the accessory contractor or trade use be conducted in a manner which would cause the residential structure and exterior areas to differ from the extant residential character by the use of colors, materials, construction, lighting, show windows, or advertising visible on the property to attract clients.
g. 
No more than two business vehicles including trucks, vans, and/or automobiles either specially adapted for the trade or having a logo or sign on the vehicle, may be parked permanently and/or temporarily on the property. Noncommercial trucks and vans parked upon the property shall not have a loading capacity exceeding one ton. Business vehicles, employee vehicles, and utility trailers shall not be parked in the front or side yards of the property or within the right-of-way of any public street and when parked upon the property, shall not be visible from the street or neighboring properties.
h. 
Incidental storage, preparation, and assembly of materials or equipment used in the accessory contract or trade use shall only occur indoors and shall be limited, including any office space utilized for this use, to an area no greater than 1,600 square feet. Additionally, the aforesaid activities and any equipment used in connection therewith shall not create any noise, vibration, glare, fumes, odors, electrical interference, visual or audible interference in any radio, television, telephone, or computer, or fluctuations in line voltage, that is discernible at the property's boundaries or anywhere off the property.
i. 
The total impervious coverage on any property used for this Use H-18 shall not exceed the maximum impervious coverage for a single-family detached dwelling use in the underlying zoning district in which the property is located.
j. 
The total area of any and all buildings, including any area of the residence as permitted in subsection .h, in which the activities permitted herein are conducted (including vehicle storage, work area, office and the like) shall not exceed 1,600 square feet.
k. 
The buffering requirements of § 1003 of this Ordinance shall be met.
l. 
The accessory contractor or trade use may not generate any solid waste or sewage discharge, in type or volume, which is not normally associated with a residential use. The property shall not be utilized for the storage of natural or synthetic waste for future disposal. Burning or composting of waste materials is not permitted.
m. 
Deliveries to the property are permitted between 8:00 a.m. and 5:00 p.m. in vehicles with no more than two axles. The property shall not be utilized as a staging area for normal off-site activities of the business.
n. 
Nothing in this subsection shall supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a homeowners association or other common interest ownership community.
H-19. 
Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
1. 
Solar energy equipment is defined as any device, structure, or electrical system that converts solar energy into electrical energy, heats water or produces hot air or similar function through the use of solar panels. A solar panel is a device containing one or more receptor cells equal to or greater than two square feet, for the purpose of converting solar energy into electrical or thermal energy.
a. 
Any solar energy equipment shall be considered accessory to the principal use and the generation of energy or heat as an accessory use to the principal use and shall be located on the same lot as the principal use.
b. 
Solar energy equipment shall be set back a minimum of 60 feet from all lot lines, unless the minimum yard or setback requirements for accessory structures require a greater setback, in which case the greater setback requirement shall apply.
c. 
No solar energy equipment shall be located in the required minimum front yard, or in front of the principal building, or closer to the front lot line than the principal building.
d. 
Maximum height of solar energy equipment from ground level: 10 feet.
e. 
Roof-mounted solar collectors or roof shingles are not subject to the requirements of this section, except that the maximum height requirements for principal structures plus any roof-mounted equipment shall apply.
f. 
Solar energy equipment shall be subject to any and all municipal regulations as may exist in local subdivision/land development ordinances or other municipal ordinances.
H-20. 
Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/21/2013 by JMZO Ord. 2013-03, adopted 4/16/2013.]
1. 
Outdoor wood-fired boilers, also known as outdoor wood-fired furnaces, appliances, or hydronic heaters, are freestanding fuel-burning devices designed to burn only those fuels specifically permitted by the Pennsylvania Department of Environmental Protection. They are designed for outdoor installation or installation in structures not normally intended for habitation by humans to heat space or water to heat buildings, produce hot water, or heat swimming pools and hot tubs. Outdoor wood-fired boilers do not include fire pits, fire bowls, or fireplaces designed to burn clean wood to heat small outdoor areas for recreational purposes. Outdoor wood-fired boilers are permitted as accessory uses to a principal use and shall be located on the same lot as the principal use, provided that the following regulations are met:
a. 
All outdoor wood-fired boilers shall comply, in addition to these standards, with the rules and regulations of Title 25 — Environmental Protection [25 Pa.Code Chs. 121 and 123, Outdoor Wood-Fired Boilers (40 Pa.B. 5571, October 2, 2010)], and any amendments thereto. Where the Joint Municipal Zoning Ordinance imposes stricter or additional regulations, the requirements of the JMZO shall be met, in addition to the rules and regulations of the commonwealth or federal regulations.
b. 
All outdoor wood-fired boilers shall be located a minimum of 150 feet from any lot line.
c. 
No boiler shall be located in the required minimum front yard, or in front of the principal building, or closer to the front lot line than the principal building.
d. 
Stack Height. Each boiler shall have a minimum stack height of 10 feet; provided, however, that no stack shall exceed the height limits of the zoning district in which it is located.
e. 
Outdoor wood-fired boilers shall be subject to any and all municipal or county regulations as may exist in local subdivision/land development ordinances or other municipal or county ordinances.
I. 
Wireless Telecommunications Facilities.
I-1. 
Wireless Communications Facilities.
[Amended effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
1. 
General Requirements for All Tower-Based Wireless Communications Facilities.
a. 
The following regulations shall apply to all Tower-Based Wireless Communications Facilities:
(1) 
Standard of Care. Any Tower-Based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any Tower-Based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Jointure.
(2) 
Wind. Any Tower-Based WCF structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA-222-E Code, as amended). Such structures must be designed to withstand wind gusts of at least 100 miles per hour.
(3) 
Height. Any Tower-Based WCF shall be designed at the minimum functional height. All Tower-Based WCF applicants must submit documentation to the respective Township justifying the total height of the structure. The maximum total height of any Tower-Based WCF shall not exceed 175 feet, which height shall include all subsequent additions or alterations.
(4) 
Public Safety Communications. No Tower-Based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(5) 
Maintenance. The following maintenance requirements shall apply:
(a) 
The owner of all primary Tower-Based WCFs shall have the tower physically inspected from the base to the top of the tower annually by a qualified inspector, and a written report of the inspection shall be provided to the Township where the WCF is located not later than 45 days after the annual inspection is completed.
(b) 
Any Tower-Based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(c) 
Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Jointure residents.
(d) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(6) 
Radio Frequency Emissions. No Tower-Based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(7) 
Historic Buildings or Districts. No Tower-Based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township or which has been designated by the Township as being of historic significance.
(8) 
Signs. All Tower-Based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(9) 
Lighting. Tower-Based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(10) 
Noise. Tower-Based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Newtown Area Joint Municipal Zoning Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(11) 
Aviation Safety. Tower-Based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(12) 
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the Tower-Based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the consultant(s) in providing expert evaluation and consultation in connection with these activities.
(13) 
Timing of Approval. Within 30 calendar days of the date that an application for a Tower-Based WCF is filed with the Township, such municipality shall notify the applicant in writing of any information that may be required to complete such application. All applications for Tower-Based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such Tower-Based WCF, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(14) 
Nonconforming Uses. Nonconforming Tower-Based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this Ordinance.
(15) 
Removal. In the event that use of a Tower-Based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a) 
All unused or abandoned Tower-Based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by such municipality and the cost of removal assessed against the owner of the WCF.
(c) 
Any unused portions of Tower-Based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a Tower-Based WCF previously removed.
(16) 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to such municipality's actual costs in reviewing and processing the application for approval of a Tower-Based WCF, as well as related inspection, monitoring and related costs.
(17) 
FCC License. Each person that owns or operates a Tower-Based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(18) 
Insurance. Each person that owns or operates a Tower-Based WCF shall provide the Township with proof of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Tower-Based WCF. The Township, its employees, Engineer, Solicitor and other professional relevant professionals shall be named additional insureds, and the certificate shall provide, as a minimum, that additional insureds shall be notified not less than 60 days in advance of the insurance not being renewed or being cancelled for any reason, including nonpayment.
(19) 
Indemnification. Each person that owns or operates a Tower-Based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, agents and other relevant professional consultants, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Tower-Based WCF. Each person that owns or operates a Tower-Based WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the Tower-Based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
2. 
Tower-Based Facilities Outside the Rights-of-Way.
a. 
The following regulations shall apply to Tower-Based Wireless Communications Facilities located outside the rights-of-way:
(1) 
Development Regulations.
(a) 
Permitted Locations.
[1] 
Subject to conditional use approval, primary and secondary Tower-Based WCFs are permitted on the following Tax Map parcels regardless of whether the parcel is owned in fee or is a right-of-way:
[a]
Newtown Township: 29-3-18-2, 29-10-85-4, 29-9-5-1, 29-102-1, 29-3-14-1, 29-3-20-1, 29-3-22-1, 29-3-27-1, 29-3-28-1, 29-3-38-1, 29-3-50-1, 29-10-13-1, 29-10-68-1, 29-10-47-1, 29-10-52-1, 29-10-42-8, 29-10-73-1, 29-10-84-1.
[b]
Upper Makefield Township: those portions of 47-7-49 exempt from the deed of agricultural easement granted to the Commonwealth of Pennsylvania, the County of Bucks and the Township of Upper Makefield.
[c]
Wrightstown Township: 53-1-50-1, 53-1-21-5, 53-1-91-1, 53-2-21-1, 53-1-83-1, 53-12-1-1, 53-12-6-1, 53-12-18-2, 53-12-84-1, 53-12-2-1, 53-12-1-2, 53-2-81 and 52-12-2-2.
[2] 
In addition, subject to conditional use approval, primary and secondary Tower-Based WCFs are permitted on all PECO electricity transmission towers located more than 200 feet (measured from the nearest leg of the PECO electricity transmission tower) from a residential use or a C-2, C-3 or C-10 use. This provision applies regardless of whether PECO owns the area where the tower is located outright or it is a right-of-way.
(b) 
Gap in Coverage. An applicant for a Tower-Based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of Tower-Based WCFs.
(c) 
Sole Use on a Lot. A Tower-Based WCF is permitted as a sole use on a lot, subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
(d) 
Combined with Another Use. A Tower-Based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
[1] 
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
[2] 
Lot Area. The lot shall comply with the requirements for the applicable area, setbacks and other dimensional requirements of the zoning district in which the lot is located and shall be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer planting.
[3] 
Minimum Setbacks. The Tower-Based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no Tower-Based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.
(2) 
Notice. Upon receipt of an application for a Tower-Based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 1,000 linear feet of the site of the proposed facility and of every property zoned residential not on the same street within 500 feet of the proposed facility.
(3) 
Co-Location. An application for a new Tower-Based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed Tower-Based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a Tower-Based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(4) 
Design Regulations.
(a) 
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township, and the Township may elect not to require stealth technology if it concludes that incorporating such technology will be more intrusive than not requiring it.
(b) 
Any height extensions to an existing Tower-Based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of such municipality.
(c) 
Any proposed Tower-Based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(5) 
Surrounding Environs.
(a) 
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
(b) 
The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the Tower-Based WCF, and anchors for guy wires, if used.
(6) 
Fence/Screen.
(a) 
A security fence having a maximum height of eight feet shall completely surround any Tower-Based WCF, guy wires, or any building housing WCF equipment.
(b) 
An evergreen screen that consists of a hedge planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum, shall be located along the perimeter of the security fence.
(7) 
Accessory Equipment.
(a) 
Ground-mounted equipment associated to, or connected with, a Tower-Based WCF shall be underground or screened from public view using stealth technologies, as described above.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(8) 
Additional Antennas. As a condition of approval for all Tower-Based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on Tower-Based WCFs where technically and economically feasible. The owner of a Tower-Based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(9) 
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to Tower-Based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(10) 
Financial Security. Prior to the issuance of a permit, the owner of a Tower-Based WCF outside the ROW shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this Ordinance. If financial security is in the form of a bond, it shall be posted by a surety licensed to do business in Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by such municipality for violations of this Ordinance, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
(11) 
Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any Tower-Based WCF based upon visual and/or land use impact.
(12) 
Inspection. The Township reserves the right to inspect any Tower-Based WCF to ensure compliance with the provisions of this Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
3. 
Secondary Tower-Based Wireless Communications Facilities in Rights-of-Way.
a. 
The following regulations shall apply to Tower-Based Wireless Communications Facilities located in the rights-of-way other than as provided in § 803I-2 hereof:
(1) 
Permitted Locations. Subject to conditional use approval, only Secondary Tower-Based WCFs are permitted within the rights-of-way of roadways classified as thoroughfares, except scenic roads, under § 271 of the JMZO. Tower-Based WCFs are prohibited within the rights-of-way of roadways classified as scenic roads and local streets under § 271 of the JMZO. Where it is feasible, Secondary Tower-Based WCFs shall be located a minimum of 100 feet from the nearest residence.
(2) 
Gap in Coverage. An applicant for a Tower-Based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of Tower-Based WCFs in the ROW.
(3) 
Notice. Upon receipt of an application for a Tower-Based WCF, the Township shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 1,000 linear feet of the site of the proposed facility and of every property zoned residential not on the same street within 500 feet of the proposed facility.
(4) 
Co-Location. An application for a new Tower-Based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a Tower-Based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of such municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(5) 
Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Tower-Based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(6) 
Equipment Location. Tower-Based WCFs and accessory equipment shall be located so as not to interfere with use of rights-of-way for pedestrian or vehicular use, to cause any physical or visual obstruction to pedestrian or vehicular traffic, to otherwise create safety hazards to pedestrians and/or motorists, or to inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
Equipment cabinets and other equipment enclosures shall not be located closer than 100 feet to a residence, unless the owner provides written consent to a closer location.
(b) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(c) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(d) 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.
(e) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(f) 
Any underground vaults related to Tower-Based WCFs shall be reviewed and approved by the Township.
(7) 
Design Regulations.
(a) 
The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Any proposed Tower-Based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
(8) 
Visual or Land Use Impact. The Township reserves the right to deny the construction or placement of any Tower-Based WCF in the ROW based upon visual and/or land use impact.
(9) 
Additional Antennas. As a condition of approval for all Tower-Based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on Tower-Based WCFs where technically and economically feasible. The owner of a Tower-Based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.
(10) 
Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a Tower-Based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(11) 
Compensation for ROW Use. In addition to permit fees as described in Subsection 1.a(16) above, every Tower-Based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Tower-Based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for Tower-Based WCFs shall be determined by the Township and authorized by resolution of the Township Board and shall be based on the Township's actual ROW management costs as applied to such Tower-Based WCF.
(12) 
Financial Security. Prior to the issuance of a permit, the owner of a Tower-Based WCF outside the ROW shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this Ordinance. If financial security is in the form of a bond, it shall be posted by a surety licensed to do business in Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by such municipality for violations of this Ordinance, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
4. 
General Requirements for All Non-Tower Wireless Communications Facilities.
a. 
General Requirements.
(1) 
Non-Tower Wireless Communications Facilities are permitted to co-locate on all primary Tower-Based WCFs in existence at the time an application for approval of the Non-Tower WCF is made.
(2) 
The following regulations shall apply to all Non-Tower Wireless Communications Facilities that do not substantially change the physical dimensions of the Tower-Based WCF to which they are attached:
(a) 
Standard of Care. Any Non-Tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(b) 
Wind. Any Non-Tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EINTIA-222-E Code, as amended).
(c) 
Public Safety Communications. No Non-Tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(d) 
Aviation Safety. Non-Tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(e) 
Radio Frequency Emissions. No Non-Tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(f) 
Removal. In the event that use of a Non-Tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(g) 
Timing of Approval. Within 30 calendar days of the date that an application for a Non-Tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(h) 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Non-Tower WCF or $1,000, whichever is less.
(i) 
Insurance. Each person that owns or operates a Tower-Based WCF shall provide the Township with proof of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Tower-Based WCF. The Township, its employees, Engineer, Solicitor and other professional relevant professionals shall be named additional insureds, and the certificate shall provide, as a minimum, that additional insureds shall be notified not less than 60 days in advance of the insurance not being renewed or being cancelled for any reason, including nonpayment.
(j) 
Indemnification. Each person that owns or operates a Non-Tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees, Engineer, Solicitor, agents and other relevant professional consultants, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Non-Tower WCF. Each person that owns or operates a Non-Tower WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a Non-Tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(3) 
The following regulations shall apply to all Non-Tower Wireless Communications Facilities that substantially change the Tower-Based WCF to which they are attached:
(a) 
Permitted in All Zoning Districts. Subject to conditional use approval, Non-Tower WCFs that substantially change the wireless support structure to which they are attached are permitted in all zoning districts subject to the restrictions and conditions prescribed below.
(b) 
Standard of Care. Any Non-Tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(c) 
Wind. Any Non-Tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EINTIA-222-E Code, as amended). Such structures shall be able to withstand wind gusts of up to 100 miles per hour.
(d) 
Public Safety Communications. No Non-Tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(e) 
Historic Buildings. No Non-Tower-Based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township or which has been designated by the Township as being of historic significance.
(f) 
Aviation Safety. Non-Tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(g) 
Maintenance. The following maintenance requirements shall apply:
[1] 
The Non-Tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2] 
Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Jointure residents.
[3] 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(h) 
Radio Frequency Emissions. No Non-Tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(i) 
Removal. In the event that use of a Non-Tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1] 
All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.
[2] 
If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(j) 
Timing of Approval. Within 30 calendar days of the date that an application for a Non-Tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.
(k) 
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(l) 
Financial Security. Prior to the issuance of a permit, the owner of a Tower-Based WCF outside the ROW shall, at its own cost and expense, post financial security acceptable to the Township Solicitor, in an amount of $25,000, to assure the faithful performance of the terms and conditions of this Ordinance. If financial security is in the form of a bond, it shall be posted by a surety licensed to do business in Pennsylvania and shall contain such provisions determined by the Township Solicitor as reasonably necessary to assure the bond can be collected without undue delay. The financial security shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by such municipality for violations of this Ordinance, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Township.
(m) 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a Non-Tower WCF, as well as related inspection, monitoring and related costs.
5. 
Non-Tower Wireless Facilities Outside the Rights-of-Way.
a. 
The following additional regulations shall apply to Non-Tower Wireless Communications Facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(1) 
Development Regulations. Subject to conditional use approval, Non-Tower Wireless Communications Facilities are permitted on all wireless support structures exceeding 35 feet in height which are in existence at the time an application for approval of the Non-Tower WCF is made.
(2) 
Co-Location. Non-Tower WCFs shall be co-located on existing structures, such as existing buildings or Tower-Based WCFs, subject to the following conditions:
(a) 
Such WCF does not exceed a maximum height of 175 feet.
(b) 
If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(c) 
An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(3) 
Design Regulations.
(a) 
Non-Tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(b) 
Non-Tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use permit.
(c) 
All Non-Tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
(d) 
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(e) 
Noncommercial Usage Exemption. Township citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in Subsection 6.a(3) of this section of this Ordinance.
(4) 
Removal, Replacement, Modification.
(a) 
The removal and replacement of Non-Tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.
(b) 
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(5) 
Visual or Land Use Impact. The Township reserves the right to deny an application for the construction or placement of any Non-Tower WCF based upon visual and/or land use impact.
(6) 
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this Ordinance and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
6. 
Secondary Non-Tower Wireless Facilities in the Rights-of-Way.
a. 
The following additional regulations shall apply to all Non-Tower Wireless Communications Facilities located in the rights-of-way.
(1) 
Permitted Locations. Subject to conditional use approval, only Secondary Non-Tower WCFs are permitted within the rights-of-way of roadways classified as thoroughfares, except scenic roads, under § 271 of the JMZO and within non-road rights-of-way as defined in § 278.2 hereof; provided, however:
(a) 
Non-Tower-Based WCFs are prohibited within the rights-of-way of roadways classified as scenic roads and local streets under § 271 of the JMZO.
(b) 
Where it is feasible, Secondary Tower-Based WCFs shall be located a minimum of 100 feet from the nearest residence.
(2) 
Co-Location. Non-Tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.
(3) 
Design Requirements.
(a) 
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least-visibly-intrusive equipment feasible. Non-Tower WCFs and accessory equipment shall be located so as not to interfere with use of rights-of-way for pedestrian or vehicular use, to cause any physical or visual obstruction to pedestrian or vehicular traffic, to otherwise create safety hazards to pedestrians and/or motorists, or to inconvenience public use of the ROW as determined by the Township.
(b) 
Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(4) 
Compensation for ROW Use. In addition to permit fees as described above, every Non-Tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each Non-Tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for Non-Tower WCFs shall be determined by the Township and authorized by resolution of the Township Board and shall be based on the Township's actual ROW management costs as applied to such Non-Tower WCF.
(5) 
Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Non-Tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.
(6) 
Equipment Location. Non-Tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:
(a) 
Equipment cabinets and other equipment enclosures shall not be located closer than 100 feet to a residence, unless the owner provides written consent to a closer location.
(b) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(c) 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.
(d) 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.
(e) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
(f) 
Any underground vaults related to Non-Tower WCFs shall be reviewed and approved by the Township.
(7) 
Relocation or Removal of Facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;
(b) 
The operations of the Township or other governmental entity in the right-of-way;
(c) 
Vacation of a street or road or the release of a utility easement; or
(d) 
An emergency as determined by the Township.
(8) 
Visual or Land Use Impact. The Township retains the right to deny an application for the construction or placement of a Non-Tower WCF based upon visual and/or land use impact.
I-2. 
Communications Equipment Building. A communications equipment building shall mean an unmanned building or cabinet containing communications equipment required for the operation of Communications Antennas and covering an area on the ground not greater than 250 square feet. A Communications Equipment Building shall always be accessory to a Communications Antenna or a Communications Tower as defined in § 803.1-1 and 803.1-3, respectively.
1. 
A Communications Equipment Building shall be subject to the height and setback requirements of the applicable Zoning District for an accessory structure.
2. 
The applicant shall provide reasonable access to the Communications Equipment Building. Where feasible, access shall be taken over existing driveways and easements. The applicant shall maintain the access and shall insure that no mud or dirt is conveyed onto public roads.
3. 
A Communications Equipment Building shall comply with the required yard and height requirements of the applicable Zoning District for an accessory structure.
4. 
One off-street parking space shall be provided for each Communications Equipment Building.
5. 
All Communications Equipment Buildings shall be surrounded by a fence of not less than eight feet in height to limit accessibility by the general public.
I-3. 
Communications Tower. A Communications Tower shall mean a structure other than a building, such as a monopole, lattice tower, self-supporting or guyed tower designed and used to support Communications Antennas.
1. 
Applicants erecting a new Communications Tower shall agree to permit co-locations on the towers at usual and customary rates for co-locations. Owners of existing Communications Towers shall permit co-location of additional Communications Antennae if structurally and technically possible.
2. 
Use by permit. A Communications Tower shall be permitted by building permit on the following tax map parcels in Newtown Township and Upper Makefield Township:
Newtown Township: 29-3-18-2, 29-10-85-4, 29-9-5-1, 29-102-1, 29-3-14-1, 29-3-20-1, 29-3-22-1, 29-3-27-1, 29-3-28-1, 29-3-38-1, 29-3-50-1, 29-10-13-1, 29-10-68-1, 29-10-47-1, 29-10-52-1, 29-10-42-8, 29-10-73-1, 29-10-84-1.
Upper Makefield Township: Those portions of 47-7-49 exempt from the deed of agricultural easement granted to the Commonwealth of Pennsylvania, the County of Bucks and the Township of Upper Makefield.
Wrightstown Township: No Communications Towers or Communications Antennas are permitted by building permit in Wrightstown Township.
In addition, Communications Towers or Communications Antennas shall be permitted by building permit on all PECO electricity transmission towers in Newtown Township and Upper Makefield Township located more than 200 feet (measured from the nearest leg of the PECO electricity transmission tower) from a residential use or a Use C-2, C-3 or C-10. Application for a permit for a Communications Tower shall be made to the designated Township Official prescribed by Newtown Township of Upper Makefield Township, as applicable. An applicant for a permit to site a Communications Tower pursuant to this Section must demonstrate to the designated Township official that the Communication Tower meets all of the criteria set forth in subsection 3 of this Section regarding use by conditional use.
3. 
Use by Conditional Use. Where permitted by conditional use, the applicant shall have the burden of going forward with evidence and the burden of persuasion with respect to the following specific criteria related to Communications Towers:
a. 
The applicant shall demonstrate that it has registered its Communications Tower with the Federal Communications Commission.
b. 
The applicant shall demonstrate that the proposed Communications Tower and Communications Antennas to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
c. 
The applicant shall demonstrate that any proposed Communications Towers comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
d. 
Any applicant proposing construction of a new Communications Tower shall demonstrate that a good faith effort has been made to obtain permission to mount the Communications Antenna(s) on an existing building, structure or Communications Tower. A good faith effort shall require that all owners of potentially suitable structures within a minimum 1/2 mile radius of the proposed Communications Tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(1) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3) 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5) 
A Commercially reasonable agreement could not be reached with the owner(s) or such structure(s).
e. 
The applicant shall provide reasonable access to the Communications Tower. Where feasible, access shall be taken over existing driveways and easements. The applicant shall maintain the access and shall insure that no mud or dirt is conveyed onto public roads.
f. 
A Communications Tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the Zoning District.
g. 
The Applicant shall demonstrate that the proposed height of the Communications Tower is the minimum height necessary to perform its function. The Board of Supervisors shall have the right to impose a condition on approval, however, that the tower be constructed in such a way that its height can be extended to accommodate other users.
h. 
The maximum height of any Communications Tower including antennas attached thereto shall not exceed 200 feet. The base of a Communications Tower shall be situated no less than the Tower's height away from the nearest property line.
i. 
The base of a Communications tower shall be landscaped so as to screen the foundation and base and Communications Equipment Building, if any, from abutting properties.
j. 
The Applicant shall submit certification from a Pennsylvania Registered Professional Engineer that a proposed Communications Tower will be designed and constructed in accordance with the current structural standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the applicable Township's Building Code.
k. 
The Applicant shall submit a copy of its current Federal Communications Commission License; the name, address and emergency telephone number for the operator of the Communications Tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Communications Tower, Communications Antennas and Communications Equipment Building, if any naming the applicable Township as an additional insured thereon.
l. 
All guy wires associated with guyed Communications Towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
m. 
The site of a Communications Tower shall be secured by a fence with a height of not less than eight feet to limit accessibility by the general public.
n. 
No signs or lights shall be mounted on a Communications Tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
o. 
Communications Towers shall be protected and maintained in accordance with the requirements of the applicable Township's Building Code.
p. 
If a Communications Tower remains unused, i.e. no antenna mounted on the tower receives or transmits signals, for a period of 12 consecutive months, the owner or operator shall dismantle and remove the Communications Tower within six months of the expiration of such twelve-month period.
q. 
At the time of filing a building permit application for a Communications Tower, the Applicant shall post a bond to cover the cost of dismantling the Communications Tower if such dismantling is, at any time, necessary.
r. 
Following a final judicial determination that a Communications Tower is in violation of the applicable Township's Building, Fire Prevention, Property Maintenance or other applicable Code or Ordinance, the Township, following 90 days' prior written notice to the Applicant, may use the bond posted pursuant to subsection q. above, to dismantle the Communications Tower.
s. 
One off-street parking space shall be provided within the fenced area.
t. 
The applicant shall produce the following information:
(1) 
Appropriate maps showing the locations of all applicable adjacent transmit/receive locations; and
(2) 
A file at the time of conditional use application, which is updated on a regular basis, of all Federal Communications Commission submissions, approvals and actions pertaining to the site and the telecommunications system as an entity.
u. 
The applicant shall provide engineering and other pertinent data concerning emergency power systems, including details of and placement of generators, fuel storage and batteries.
v. 
In Wrightstown Township, Communications Towers shall be permitted by conditional use on the following tax parcels: 53-1-50-1, 53-1-21-5, 53-1-91-1, 53-2-21-1, 53-1-83-1, 53-12-1-1, 53-12-6-1, 53-12-18-2, 53-12-841, 53-12-2-1, 53-12-1-2, 53-2-81 and 52-12-2-2.
4. 
Use by Special Exception. Where permitted by special exception, the applicant shall have the burden of going forward with evidence and the burden of persuasion. The applicant shall meet the specific requirements for communications towers permitted by conditional use as set forth at § 803.1-3.3., in addition to the following criteria:
a. 
The requirements of § 1507.E. of this Ordinance shall apply.
b. 
In Upper Makefield Township, communication towers shall be permitted by special exception on the following tax map parcels: 47-008-055 and 47-004-080.
c. 
In Upper Makefield Township, communication towers shall provide for such alternative design criteria in the form of stealth construction for such towers unless the Zoning Hearing Board determines that such design criteria is not feasible with respect to technology, construction, safety or co-location.