Township of New Britain, PA: Use Definitions and Regulations.

[1]

Editor’s Note: Former § 27-303, Temporary Accessory Uses, adopted by Ord. 8/14/1995, § 303, was repealed by Ord. No. 2018-10-04, 10/1/2018.

§ 27-305 Use Definitions and Regulations.

[Ord. 8-14-1995, § 305; Ord. 00-01-01, 1/24/2000, Art. I; Ord. 00-07-01, 7/10/2000, Art I-II; Ord. 00-12-02, 12/20/2000, § 5; Ord. 01-05-03, 5/21/2001, Art. III; Ord. 02-05-01, 5/6/2002, Art I; Ord. 03-04-01, 4/14/2003, Art. I; Ord. 200507-02, 7/11/2005; Ord. 2005-08-01, 8/8/2005; Ord. 2007-04-01, 4/26/2007; Ord. 2008-02-02, 2/25/2008; Ord. 2008-03-01, 3/10/2008; Ord. 2008-09-01, 9/8/2008; Ord. 2008-09-02, 9/22/2008; Ord. 2010-05-01, 5/10/2010, Art. I; Ord. 2010-07-02, 7/12/2010, § I; Ord. 2011-04-03, 4/11/2011, § 1; Ord. 2011-04-04, 4/11/2011, §§ 1, 2; Ord. 2011-09-02, 9/19/2011, Art. I; Ord. 2013-04-01, 4/8/2013, Arts. III, IV; Ord. 2014-01-01, 1/6/2014, Art. II; Ord. 2014-09-04, 9/15/2014; Ord. 2015-03-04, 3/16/2015; Ord. 2015-09-06, 9/21/2015; Ord. 2016-05-01, 5/16/2016; Ord. 2017-01-01, 1/3/2017; Ord. 2017-01-02, 1/3/2017; Ord. 2017-01-03, 1/23/2017; Ord. 2017-06-07, 6/5/2017; Ord. No. 2018-10-04, 10/1/2018; Ord. No. 2020-11-04, 11/16/2020; Ord. No. 2025-01, 7/21/2025]

Agricultural Uses.

A1.

General Farming.

Definition. The production of agricultural, horticultural, arboricultural, viticultural and dairy products; the keeping of livestock, poultry and the products thereof; the raising of fur bearing animals and the products thereof; and bee raising. All buildings (barns, shed, silos, etc.) associated with this use.

Regulations.

Minimum lot area: three acres.

Any building or structure used for the keeping or raising of bees, livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.

Silos shall be situated not less than 1 1/4 times the height of the silo from any street line or property line.

Any building or structure, other than noted in Subsections b.2 and b.3 above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.

Animal density shall not exceed one animal equivalent unit per acre on an annualized basis for the first five acres in a lot. For every acre over five acres in a lot, the animal density shall not exceed two animal equivalent units per acre on an annualized basis. Farmland in the Township owned or rented on an annual basis by the property owner, but not physically connected to the property, may be used to meet this requirement.

Riding academies, livery or boarding stables and commercial dog kennels are not included under this use.

Retail sales shall meet the requirements of Use A3 Agricultural Retail.

This use may include no more than one single-family detached dwelling unit. This detached dwelling unit must comply with the provisions of § 27-305.B1, Single-Family Detached Dwelling, and with the lot width and yard requirements of this B1 use in the applicable zoning district.

A2.

Crop Farming.

Definition. The cultivating, raising, harvesting and storing of products of the soil produced on the premises. The definition of crop farming shall also include orchards, but shall not include, animal husbandry, commercial forestry, riding academies, kennels, plant nurseries or Christmas tree farms.

Regulations.

Minimum lot area: three acres.

Indoor storage shall not occur in ways that threaten an explosion.

A3.

Agricultural Retail.

Definition. The retail sales of agricultural products to the general public at roadside stands or other structures.

Regulations.

Agricultural retail shall be an accessory use clearly subordinate to primary agricultural uses.

Products sold must be grown, produced or raised on the property.

The maximum floor area of an agricultural retail structure shall be limited to 2,000 square feet.

Agricultural retail uses shall meet the yard and setback requirements for the related primary agricultural use.

The buffer requirements of this chapter shall be met.

A4.

Intensive Agricultural.

Definition. Greenhouses; mushroom houses; feedlots; confinement livestock or poultry operations taking place in structures or closed pens.

Regulations.

Minimum lot area: 10 acres.

Any building or structure used for the keeping or raising of livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.

Silos shall be situated not less than 1 1/4 times the height of the silo from any street line or property line.

Any building or structure, other than noted in Subsections b.2 and b.3, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.

Maximum impervious surface ratio: 20%.

All applicable regulations of the Pennsylvania Department of Environmental Protection and any applicable federal regulations shall be met.

Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream or swale. No structure or sewage waste disposal system shall be constructed less than 100 feet of any stream or swale.

The raising of garbage-fed pigs is not permitted.

Commercial dog kennels and the raising of animals for fur or skins are not included in this use.

10.

No area for the storage or processing of manure, garbage, or spent mushroom compost or structures for the cultivation of mushrooms shall be situated less than 200 feet from any street or property line.

11.

Animal density shall not exceed two animal equivalent units per acre on an annualized basis. Farmland in the Township owned or rented on an annual basis by the property owner, but not physically connected to the property, may be used to meet this requirement.

A5.

Commercial Forestry.

Definition. 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.

Regulations.

A Forestry Management Plan shall be prepared and followed.

This plan shall be prepared by a professional forester, who has graduated from a college or university with a four-year degree in Forest Resources Management.

This Forestry Management Plan shall be submitted for an advisory review by the Pennsylvania Bureau of Forestry and the Township Planning Commission.

The Forestry Management Plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

Clear cutting shall be prohibited except on tracts of less than two acres. This provision shall not apply to state game lands where clear cutting is done to benefit the natural habitat.

On tracts larger than two acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of higher value species as determined by a professional forester.

An Erosion and Sedimentation Control Plan shall be submitted to the Pennsylvania DEP and the County Conservation District for review and recommendation.

The Township may require restoration of the forested area based upon state or federal regulations.

Commercial forestry is prohibited on areas with slopes greater than 25% or within the one-hundred-year floodway or wetlands.

A6.

Nursery.

Definition. The raising of plants, shrubs and trees for wholesale use.

Regulations.

Minimum lot area: two acres.

Any building or structure including greenhouses shall meet the yard, lot width and setback requirements for the applicable zoning district for Use B1 Detached Dwelling.

Maximum impervious surface ratio: 20%.

All products sold shall be grown on the premises.

No retail sales shall be permitted, except for the seasonal sale of Christmas trees.

A7.

Garden Center.

Definition. The retail sale of floral items, flowers, plants, shrubs and trees in the field and/or indoors.

Regulations.

Lot Area. A lot area of not less than five acres shall be provided.

Maximum Building Coverage.

(a)

Garden center: 15,000 square feet.

(b)

Nursery production facilities (including greenhouses and any seasonal shelter which is impervious, such as overwintering structures): 20,000 square feet.

Impervious Surface. Not more than 20% of the area of any lot, excluding the ultimate right-of-way and stabilized drives between nursery beds, shall be covered by impervious surfaces. Driveways and parking areas used to service retail customers shall be paved.

Building Height. No building or structure shall exceed 2 1/2 stories, or 35 feet, whichever is less.

Access. Ingress to the site and egress from the site shall be provided directly from an arterial or collector road as defined in the Township Subdivision and Land Development Regulations [Chapter 22].

A8.

Farm Support Facility.

Definition. A commercial grain or commercial feed mill facility primarily for the warehousing, sale and service of agricultural feed, supplies and tools.

Regulations.

Minimum lot area: two acres.

Maximum impervious surface ratio: 40%.

The buffer requirements of this chapter shall be met.

A9.

Commercial Kennel.

Definition. An establishment, structure or any portion of a lot, on or in which dogs, cats or other domestic animals are kept, housed, raised, maintained or sheltered at any time, for any of the following purposes; or which are subject to any of the following regulations. Dog shows and/or competitions are specifically excluded.

Keeping, housing or care of such animals for compensation.

Training of such animals whether public or private.

Public auction or sale of domestic animals.

Veterinary care, or facilities therefore, requiring the boarding or outdoor keeping of dogs, cats or domestic pets.

Grooming, bathing, tick or insect removal facilities.

Any other similar nonresidential use, determined by the Zoning Officer or designated to be a commercial kennel.

Regulations.

Specific dimensional requirements for a commercial kennel shall be as follows:

(a)

Minimum lot area: 10 acres.

(b)

Minimum lot width at building line: 700 feet.

(c)

Minimum yard requirements (fences, enclosures or unenclosed animal runs):

Front: 200 feet.

Side: 100 feet each.

Rear: 200 feet.

(d)

Minimum yard requirements (shelters, washing facilities or similar structures):

Front: 300 feet.

Side: 300 feet.

Rear: 300 feet.

One off-street parking space shall be provided for each employee of the kennel, plus a minimum of one parking space per acre of the tract.

The total number of dogs, cats, and other domestic pets on the property shall not exceed 10 pets per acre, excluding pets under three months old.

Stream Setback Requirement: No structure or sewage or waste disposal system shall be placed or constructed within 100 feet of any stream or natural watercourse or floodplain thereof. Pens or confinement areas shall not be less than 30 feet from a swale or stream.

No material shall be placed on or around any kennel in such a manner that it is capable of being transferred out of the kennel by wind, water or other natural causes.

All paper, cloth and other fibers and activities involving same, other than loading and unloading, shall be within fully enclosed buildings.

All areas of the kennel tract, exclusive of the setback and buffer zones shall be delineated and shall be surrounded by a suitable fence at least eight feet in height, and maintained in good condition. Any gate in such fence shall be similarly constructed and maintained, and shall be kept locked at all times when the kennel is not in operation. All kennel materials and activities not within fully enclosed buildings shall be kept within the fenced in portion of the property, and shall not be stacked, piled or otherwise caused to be higher than eight feet above the natural grade of the portion of the property upon which it is placed.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means. The kennel shall be open to the periodic inspection of the Bucks County Board of Health and New Britain Township.

Where the proposed commercial kennel will adjoin residential uses or lots, buffering shall be provided so as not to be less than that outlined in Part 28.

10.

All methods and plans for sewage or waste disposal shall be submitted to the appropriate authority or other regulating body and shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes.

11.

No burning shall be carried on in any kennel. Fire shall be prevented and hazards avoided by organization and segregation of stored materials. The kennel shall be open to the inspection of the Township Fire Marshal and other Township Officials, as deemed necessary.

12.

Concrete drainage areas shall be constructed and maintained for the collection of waste and other liquids. All such liquids shall be collected from kennels and other facilities and disposed of properly, in accordance with applicable federal, state and local regulations. No such liquids shall be allowed to flow or seep into the ground. No hazardous or potentially hazardous chemical or any combustible material or explosive type material may be stored or disposed of on this site.

13.

The daily hours of operation for all kennels shall be limited to between 7:00 a.m. and 7:00 p.m.

14.

Permit Fee. The operation of a commercial kennel shall require payment of an annual fee which shall be established.

15.

Administration/Enforcement. The standards contained within this chapter shall apply including all administration enforcement proceedings, as well as penalties for violation thereof.

16.

Buildings should be adequately soundproofed so that sounds generated within the buildings are in compliance with the noise/sound provisions of this chapter.

A10.

Riding Academy/Stable.

Definition. An establishment where horses are boarded and cared for and/or where instruction in riding, jumping and showing of horses is offered and/or where the general public may hire horses for riding.

Regulations.

Minimum lot area: 10 acres.

Any building or structure used for the keeping or raising of livestock or horses shall be situated not less than 100 feet from any street line or property line.

Silos shall be situated not less than 1 1/4 times the height of the silo from any street line or property line.

Any building or structure, other than noted in Subsections b.2 and b.3 above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.

Retail sales of related items shall be limited to a maximum floor area of 750 square feet.

The buffer requirements of this chapter shall be met.

A11.

Animal Hospital.

Definition. Facilities routinely used for the medical treatment and associated boarding of animals under the supervision of trained veterinary professionals.

Regulations.

A minimum lot area of at least two acres shall be required for those animal hospitals treating only small animals (such as cats, birds or snakes). A minimum lot area of at least three acres shall be required for those animal hospitals treating large animals (such as cattle, horses or pigs).

All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines.

Buildings should be adequately soundproofed so that sounds generated within the buildings are in compliance with the noise/sound provisions of Township Ordinances.

Outdoor animal runs may be provided for small animals so long as the runs are at least 100 feet from any property line.

Commercial kennels shall be permitted only as a use in association with the animal hospital, provided requirements of Subsection A11 are satisfied.

A12.

Wildlife Sanctuary.

Definition. Preservation of land for the appreciation of wildlife habitats, forests and/or scenic natural features.

Regulations.

No structures shall be permitted on the site except those used for nature study and customary administration/maintenance.

Building setback, yard and lot areas shall be governed by the regulations of the district in which the facility is located.

A13.

Pet Resort.

Definition. Facilities routinely used for daily and overnight boarding of pets, doggy day care, grooming and spa services, training, rehabilitation therapy, swim therapy, massage, exercise and socialization of pets.

Regulations.

Area and Dimensional Requirements.

(a)

Minimum lot area: three acres.

(b)

Minimum lot width: 200 feet.

(c)

Minimum lot depth: 200 feet.

(d)

Maximum building coverage ratio: 50%.

(e)

Maximum impervious surface ratio: 65%.

(f)

Yards:

Front: 50 feet.

Rear: 50 feet.

Side: 25 feet.

A pet resort may board household pets such as dogs, cats, birds, and the like. There shall be no boarding of livestock or larger animals such as pigs, horses, cattle, or exotic animals.

The capacity of a pet resort shall be limited as follows:

(a)

A maximum of 80 pets in day-care.

(b)

A maximum of 60 pets in boarding.

(c)

A daily maximum of 30 pets per day for grooming or other purposes.

(d)

The Board of Supervisors reserves the right to limit the maximum number of pets in any of the foregoing categories as a condition of conditional use approval in the event that the condition of the proposed facility is insufficiently sized to meet the maximum capacities as outlined in the foregoing paragraphs. The Board may consider the physical condition of the facility, floors, walls, ceilings, inside pens, lighting, water facilities, ventilation, need for isolation facilities, cages, and shelters from inclement weather when approving a proposed pet resort.

The use may include an accessory on-site retail component for sale of pet food and pet accessories.

Animals shall be housed indoors. There shall be no unsupervised keeping of animals in outdoor pens, cages, or play areas. Supervised outdoor exercise shall be permitted. No more than twenty dogs may be in outdoor play areas at any given time, and no animals shall be outdoors between 7:00 p.m. and 7:00 a.m. For agility training and similar activities where dogs have supervision at a ratio of one person to one dog this time limit shall not apply.

Outdoor play areas shall be completely enclosed by a fence and shall be adequately screened and buffered along all property lines. The minimum buffer width shall be 25 feet. In no event shall any outdoor play areas be permitted within the minimum required setback and/or buffer areas.

Buildings should be adequately sound proofed so that sounds generated within the buildings are in compliance with the noise/sound provisions of the Township ordinances.

Hours of operation shall be 24 hours per day, but the hours during which the facility is normally open to the public shall be limited to 6:30 a.m. to 7:00 p.m. Emergency drop off or pick up, special events, charity fundraisers and classes that take place on a nonrecurring basis may take place after 7:00 p.m., but no later than 9:00 p.m.

Animal waste shall be collected and disposed of in containers and removed from the facility by a septic hauler and disposed of at a properly licensed waste disposal facility. All conditional use applications for a pet resort shall specify the proposed collection and storage facilities for animal waste and identify coverage and impermeability of collection facilities and length of storage time before disposal. Proof of the septic hauler and proper disposal, and compliance with the Bucks County Department of Health shall be submitted at the time of the hearing.

10.

There shall be no breeding or retail sale of pets associated with the use (this shall not preclude not-for-profit pet adoption activities).

11.

A tract of land may be developed, used and occupied as and for a pet resort use in addition to another principal use permitted in the IO District.

12.

All pet resorts shall obtain licensing from the United States Department of Agriculture and successfully meet any and all inspections by the U.S.D.A. and successfully complete any and all inspections by the U.S.D.A.

13.

All pet resorts shall provide one parking space per full-time employee and one half parking space per part-time employee. Additionally, all facilities shall provide for a temporary loading and unloading area for the facility.

Residential Uses.

B1.

Single-Family Detached Dwelling. A dwelling unit accommodating a single-family on an individual lot with private yards on all sides of the house, including a factory-built modular home placed on a permanent perimeter foundation and a mobile home placed in accordance with this chapter.

B1a.

Watershed Conservation Subdivision.

B1b.

Watershed Conservation Subdivision/2.

B2.

Cluster Subdivision.

Definition. Detached single-family dwelling units on individual lots with private yards on all sides of the house and where the lots are clustered to preserve common open space.

Regulations.

Permitted Uses in a Cluster Subdivision:

(a)

Single-family detached dwelling and permitted accessory uses.

Maximum gross density of dwelling units in a cluster subdivision shall not exceed the number of dwelling units allowed under Use B1 for the same site in the applicable zoning district.

Open Space. Each site must provide enough open space to meet the minimum open space ratio for the applicable zoning district. The required open space shall meet the requirements for open space set forth in this chapter. Each site must also observe the natural resource protection standards for the site. In the event that the natural resource protection standards require a greater area of open space than the applicable minimum open space ratio, this greater area requirement shall be met. Open space areas shall include all required buffer yards and natural resource protection areas. An existing farmhouse and existing accessory farm buildings shall be permitted in an open space area that is at least five acres in size and shall count towards the density of the site.

Buffer Yards.

(a)

There shall be a minimum buffer yard of at least 50 feet separating the lots within a cluster subdivision from adjacent residential properties and existing public rights-of-way. The buffer yard shall be landscaped in accordance with the provisions of this chapter. The buffer yard shall not be included as part of the required minimum lot area or minimum yard setbacks of any lot containing or proposed to contain a residence.

At the discretion of the Board of Supervisors, the fifty-foot buffer requirement may be waived or reduced when the adjacent property contains an existing buffer yard of at least 50 feet in depth.

At the discretion of the Board of Supervisors, the fifty-foot buffer requirement may be waived or reduced for the purpose of creating large parcels of open space.

When a buffer is waived or reduced by the Board of Supervisors in accordance with this subsection, the minimum setback for the site and the minimum rear yard setback for lots created along the perimeter of the site shall be 75 feet for principal buildings and 50 feet for accessory buildings or structures.

(b)

There shall be a minimum buffer yard of at least 50 feet to separate the residential lots from any areas proposed for agricultural use or active recreational use. Each such buffer area shall be landscaped in accordance with the provisions of this chapter. The buffer yard shall not be included as part of the required minimum lot area or minimum yard setbacks of any lot containing or proposed to contain a residence.

Water and Sanitary Sewer Facilities.

(a)

A cluster subdivision shall be permitted only on land served by a public sanitary sewer system or a nonpublic community sanitary sewer system and a public water system or a nonpublic community water system with water available for firefighting purposes either through hydrants or surface storage.

(b)

If the water supply is drawn from the site, a water study shall be prepared by the developer showing that the on-site water supply is adequate for the needs of the proposed subdivision. In addition, the developer shall enter into a well guarantee agreement with the Township and shall provide the appropriate funds (based upon the size of the proposed subdivision) to be escrowed with the Township to protect surrounding individual wells that may be adversely affected by the withdrawal of groundwater from the site and address any problems created by this withdrawal of groundwater.

Traffic Impact Study. The impact of the proposed cluster subdivision on the Township's circulation system shall be analyzed and a written traffic impact study shall be prepared in accordance with the provisions of this chapter and submitted as part of the application.

Open Space Covenants. Open space areas shall be offered for dedication to the Township at the time of final approval of any cluster subdivision. The Township may accept or reject, at its sole discretion, dedication of any or all open space. If the dedication of open space is not accepted by the Township, an alternative form of ownership must be proposed in accordance with the requirements of this chapter and approved by the Township.

B3.

Single-Family Semidetached Dwelling. One dwelling unit accommodating one family that is attached to another unit and completely separated from that unit by a vertical unpierced fire wall. Only one additional unit and one side yard shall be adjacent to each dwelling unit. Each unit shall be on a separate lot.

B4.

Two-Family Detached Dwelling. Two dwelling units within in one building, and both dwelling units within one lot and without the dwelling units being completely separated by vertical and horizontal fire walls. The building shall have two side yards.

B5.

Single-Family Attached.

Definition. A single-family dwelling unit that is attached to two or more dwelling units or that is attached to a dwelling unit that is attached to two more dwelling units and with each dwelling unit being completely separated from each other by vertical fire resistant walls. Each dwelling shall have its own outside access. Side yards shall be adjacent to each end unit.

Regulations.

Single-Family Attached Lot Area. The building footprint plus 200 square feet for a patio or similar outdoor use. Maximum building footprint not to exceed 3,000 square feet.

Minimum lot width: 20 feet, except 26 feet if a lot has a garage for two or more vehicles with a door(s) opening onto the front of the dwelling or lot.

Facade. For every attached grouping of single-family attached, a minimum of two changes in the front wall plane shall be provided. Such change shall involve a minimum variation or offset of four feet.

Impervious surface ratio: maximum of 35%.

Minimum front yard setback: 30 feet from an ultimate right-of-way of a street, and 20 feet from any off-street parking space other than a driveway leading to a garage or carport of an individual dwelling unit.

Units Attached: A maximum of eight dwelling units may be attached.

Separation. All single-family attached shall be separated by 30 feet from any other principal building.

Buffer Yard. A twenty-foot wide buffer yard with screening shall be required, as described in Part 28, between any townhouse and any abutting single-family detached dwelling.

B6.

Multifamily.

Definition. Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. This shall include buildings with a maximum height of 3-1/2 stories or 35 feet, whichever is less.

Regulations.

Minimum Tract Area: 5,000 square feet per dwelling unit or five acres which ever is greater.

Impervious surface ratio: maximum of 30% per lot.

Minimum Building Setback: 50 feet from the ultimate right-of-way of a street and 30 feet from any off-street parking spaces.

Units: Maximum of 16 dwelling units per building.

Separation: All Multifamily buildings shall be separated by 50 feet from any other principal building.

Minimum tract width: 100 feet minimum at the ultimate street right-of-way.

Buffer Yards: A twenty-foot wide buffer yard with screening shall be required, as described in Part 28, between any multifamily and any abutting Single-family detached dwelling. The buffer yard maintenance shall be the responsibility of the owner(s) of the multifamily building.

B7.

Apartment Building.

Definition. Three or more dwelling units within a building that is no taller than 40 feet, containing a maximum of 24 dwelling units per building.

Regulations. B7 Apartment Building uses shall meet the requirements set forth below.

Minimum lot area: 15 acres.

Maximum Density: 14 dwelling units per gross acre of the site.

Minimum Unit Size: 750 square feet.

Impervious surface ratio: maximum of 60% per site.

Buffer Yard: In lieu of the minimum buffer area requirements of § 27-2801 of this chapter, a thirty-foot wide buffer yard shall be required around the perimeter of the tract in accordance with § 27-2802 of this chapter which shall be maintained by the owner of the apartment building use.

Setbacks:

	Front:	50 feet
	Rear:	50 feet
	Side:	20 foot minimum, 60 foot aggregate, both side

Separation: All apartment buildings shall be separated by 50 feet from any other principal building.

Minimum Building Setback: 15 feet to 25 feet from any off-street parking spaces or 10 feet from any curb line or any edge of paving. Minimum Building Setback does not apply to driveways intended to serve a single unit.

Minimum Lot Width: 500 feet.

10.

Parking: In conformance with the requirements of § 27-2901; however, when two or more parking spaces per unit are required, 50% of all garage spaces may be counted toward this parking requirement, even when a parking space is located immediately in front of the garage.

11.

Community Center: Any residential community center or club-house shall have a minimum size of 3,500 square feet. Any such center shall be limited to use by residents of the community and no commercial or retail use shall be permitted.

B8.

Manufactured Home Park I.

Definition. A parcel of land which has been so designed and improved that it contains 10 or more mobile home lots for the placement thereon of mobile homes. Modular homes are not permitted in this district.

Regulations.

Dimensional Requirements.

Rear	Minimum Lot Area Between (square feet)	Minimum Lot Width at Building Setback (feet)	Maximum Building Coverage Ratio (%)	Maximum Distance Between Units (feet)	Minimum Yards (feet)
	Minimum Lot Area Between (square feet)	Minimum Lot Width at Building Setback (feet)	Maximum Building Coverage Ratio (%)	Maximum Distance Between Units (feet)	Front	Side	Rear
Single-wide	4,800	45	25%	20	10	15	20
Double-wide Units	6,500	60	25%	20	10	15	20

Performance Standards:

(a)

Minimum site area: 10 acres.

(b)

Maximum density: 3.5 du/ac.

(c)

Minimum open space ratio: 45%, 1/2 of which shall be for active recreation.

(d)

Maximum impervious surface ratio: 25%.

The following conditions shall also apply:

(a)

No more than one mobile home shall be placed on a mobile home lot and such mobile home shall be occupied by not more than a single family.

(b)

The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.

(c)

Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured. The anchoring system shall be approved by the Township Engineer.

Every mobile home shall have access to an improved street in the mobile home park in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].

The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be 10.

No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.

Plans for any mobile home park shall be submitted in conformance with the Township Subdivision and Land Development Ordinance [Chapter 22] and applicable Township ordinances.

Public or community sewer and water services shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22] and the Township Sewage Facilities Plan.

A buffer yard shall be provided around the perimeter of the mobile home park in accordance with the provisions of this chapter.

B9.

Manufactured Home Park II.

Definition. A parcel of land which has been so designed and improved that it contains 10 or more mobile home lots for the placement thereon of mobile homes. In addition, the mobile homes must be occupied and used by and for single individuals 55 years of age or older, married couples at least one of which is 55 years of age or older; two persons other than married couples both of whom are 55 years of age or older; one person 18 years of age or older residing within a dwelling unit with one or two persons 55 years of age or older, if the presence of such person is essential for the physical care of another resident of the dwelling unit. Modular homes are not permitted in this district.

Regulations.

Dimensional Requirements.

	Minimum Lot Area (square feet)	Minimum Lot Width at Building Setback (feet)	Maximum Building Coverage Ratio (%)	Minimum Distances Between Units (feet)	Minimum Yards (feet)
	Minimum Lot Area (square feet)	Minimum Lot Width at Building Setback (feet)	Maximum Building Coverage Ratio (%)	Minimum Distances Between Units (feet)	Front	Side	Rear
Single-wide	3,600	36	30%	20	8	10	16
Double-wide Units	4,500	50	35%	20	8	10	16

Performance Standards

(a)

Minimum site area: 10 acres.

(b)

Maximum density: 6.0 du/ac.

(c)

Minimum open space ratio: 30%, 1/4 of which shall include walkways with benches.

(d)

Maximum impervious surface ratio: 25%.

The following conditions shall also apply:

(a)

No more than one mobile home shall be placed on a mobile home lot and such mobile home shall be occupied by not more than a single family.

(b)

The area between the ground level and the perimeter of the manufactured home shall be enclosed by means of a suitable skirting.

(c)

Every mobile home shall have access to an improved street in the mobile home park in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].

The minimum number of lots completed and ready for occupancy before the first occupancy is permitted shall be 10.

No lot shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.

Plans for any mobile home park shall be submitted in conformance with the Township Subdivision and Land Development Ordinance [Chapter 22] and applicable Township ordinances.

Public or community sewer and water services shall be provided in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22] and the Township Sewage Facilities Plan.

A buffer yard shall be provided around the perimeter of the manufactured home park in accordance with the provisions of this chapter.

B10.

Village House Development.

General Regulations.

Regulations.

(a)

Minimum gross site area: 20 acres.

(b)

Minimum site width: 200 feet.

(c)

Access. The site must have access to a collector road, or higher, as defined by the New Britain Township Subdivision and Land Development Ordinance [Chapter 22].

(d)

Density. The maximum density shall not exceed two dwelling units per acre of the net buildable site area. However, a B10 Development with de minimis reductions (less than 5% of natural resource protected land) in the site capacity calculations as set forth in Part 24 shall not result in a lowering of site density.

(e)

Open Space. A minimum of 50% of the base site area. The location of the open space shall be subject to the approval of the Board of Supervisors. A substantial portion of the open space shall be contained in a large contiguous area.

(f)

Dwelling Types. Single-family detached dwelling and permitted accessory uses.

A Village House Development shall be designed in a "village style" layout with homes situated close to the roads and garages located to the rear of the dwelling units.

Alley, Garages.

(a)

Alleys are required in the SR-1 District under Village Home (VH) conditional use, as a means for providing direct off-street parking and access for narrow lots, except where waived by the Board.

(b)

Alleys shall be designed in accordance with the New Britain Township Subdivision and Land Development Ordinances [Chapter 22].

(c)

Alleys are intended to provide access to the rear of residential lots for services and on-lot parking.

(d)

Frontage on an alley shall not be construed to satisfy the requirements of this chapter for frontage on a street.

(e)

A separate two-car garage structure is required. Garages will be offset from the garage across the alley. The garage shall have a minimum side yard setback of five feet. Garages that are semidetached are permitted.

Where alleys and garages are provided for all homes on a street, the Board may approve a reduction in street width to 24 feet. Otherwise, street width shall be 26 feet.

Curb Cuts. Curb cuts shall be permitted only on lots that do not have alley frontage. The maximum width of the curb cut at the street shall be 12 feet, plus 18-inch flare at the curb.

Parking. In addition to the parking standards of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], all streets shall be designated no parking on one side and two hour parking on the other side. Overflow parking spaces shall be provided on the site to accommodate spaces totaling 20% of the total dwelling units.

There shall be a homeowners association that, in addition to the requirements of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], shall maintain stormwater facilities, common open space, alleys (to local streets standard of the SALDO) and shall contract for development-wide trash collection. Association rules shall require trash containers to be in opaque standards of the community to assure the continuation of the village style, colors and architecture.

Utilities. All utilities shall be underground. All utility boxes, transformers, dog houses and the like shall only be located in areas designated for the same.

Streetlights. Streetlights may be of a distinctive colonial style if they will be owned and maintained by the homeowners association. If the streetlights are to be owned and maintained by the Township, they shall be of Township standard for number, location and style.

Dimensional Standards.

Minimum lot area: 5,500 square feet.

Minimum lot width: 50 feet.

Minimum lot depth: 110 feet, excluding alley width.

Minimum front yard: 10 feet.

Minimum side yard: five feet, 20 feet aggregate.

Minimum rear yard: eight feet.

Minimum dwelling unit size: 1,600 square feet, excluding garage, unheated spaces and basements whose height is more than 1/2 below grade.

Minimum garage size: 22 feet by 22 feet.

Maximum building coverage ratio per lot: 40%.

10.

Maximum impervious surface ratio: 70%.

11.

Maximum building height: 35 feet.

12.

Permitted projection into required yard: five feet (front) and two feet (side).

13.

Parking Standards: Two spaces per dwelling unit, plus two spaces per garage per dwelling unit.

14.

Snow Removal: All common areas shall have a blanket easement for the deposit of snow. One area of 10 feet by 15 feet per 20 dwelling units or portion thereof will be eased in areas designated by the Public Works Superintendent for deposit of snow.

Design Criteria.

All dwelling units proposed as part of a Village House Development shall be subject to conditional use review and approval by the New Britain Township Board of Supervisors.

Design criteria, which may be modified during the conditional use process shall include, but not be limited to:

(a)

Roofs shall be steeply pitched and irregularly shaped. Front facing gables shall have a minimum pitch of 10/12. Roofs shall have patterned or textured shingles and any overhangs shall be a minimum of 12 inches and rake projections must be a minimum of eight inches.

(b)

Street facing windows and a minimum of 60% of all other windows shall have a dimension ratio of 2/1 or greater. Bay, angled, walkout and boxbay windows shall be permitted.

(c)

Facades on adjacent lots shall be dissimilar.

(d)

Deed restrictions and homeowners association documents shall limit the opacity of fences to not more than 25%.

(e)

Each dwelling shall have a minimum of two of the following street front features:

An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width.

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.

A front yard enclosed by a permanent wall or fence of wood, wrought iron or masonry construction at least 30 inches, but not more than 42 inches in height.

A hedge across the width of the front yard, except for locations where crossed by driveways, pedestrian path or sidewalks.

Front facing foundations may be brick, stone or stucco.

(f)

Minimum ground floor elevations of 18 inches above sidewalk elevation.

B11.

Planned Residential Development (PRD).

Definition. Planned residential development shall be permitted as an optional form of development. The review and approval process shall follow the procedures described in the Pennsylvania Municipalities Planning Code for PRDs.

Use Regulations.

In a PRD, the following uses shall be permitted by right:

A2		Crop Farming
B1		Single-Family Detached Dwelling
B2		Cluster Subdivision
B3		Single-Family Semidetached Dwelling
B4		Two-Family Detached Dwelling
B5		Single-Family Attached
B6		Multifamily
B7		Apartment Building
E1		Public Recreational Facility
E2		Private Recreational Facility
E8		Library or Museum
F1		Municipal Building
H		Residential Accessory Uses:
	H1	Garage, Off-Street Parking
	H2	Storage Shed
	H3	Fences, Walls
	H4	Noncommercial Swimming Pools
	H5	Tennis Court
	H10	Air Conditioner
	H12	Garage or Yard Sale
	H13	Household Pets
L		General Accessory Uses and Structures
	L4	Temporary Community Event
	L9	Off-Street Parking
	L10	Signs

In a PRD, the following uses shall be permitted by special exception:

E7		Community Center
F2		Emergency Service Center
H		Residential Accessory Uses:
	H6	Residential Solar Energy System
	H7	Residential Wind Energy System
	H8	Satellite Antennas
	H9	Amateur Radio Antennas
	H15	Home Occupation

Performance and Design Regulations.

In a PRD, there is no requirement that the individual dwellings or uses be placed on separate lots. Where the PRD is not fully lotted out (each dwelling/use placed on a separate lot), the applicant shall submit a "conformance plan" showing that the unlotted portion of the development, as designed, could conform with all zoning requirements if it was fully lotted out.

Minimum site area: 20 acres.

Minimum open space: 40%.

Maximum density: five dwelling units and/or nonresidential uses per acre.

Maximum impervious surface coverage for the site: 35%.

Performance Standards:

Use	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Building Coverage Ratio (%)	Maximum Lot Impervious Surface Ratio (%)	Minimum Yards for Each Lot (feet)
Use	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Building Coverage Ratio (%)	Maximum Lot Impervious Surface Ratio (%)	Front	Side (each)	Rear
B1	10,000	80 (at setback) 50 (at ROW)	20%	25%	35	15	40
B2	8,500	70 (at setback) 50 (at ROW)	25%	30%	30	10	35
B3	8,500 (per unit)	70 (at setback) 50 (at ROW)	25%	30%	30	10	35
B4	15,000	75 (at setback) 50 (at ROW)	20%	30%	30	15	35
B5, B6, B7	Must comply with the individual use regulations described in § 27-305
Other	15,000	70 (at setback) 50 (at ROW)	20%	25%	50	20	50

Dwelling Unit and Use Mix.

Total Dwelling Units	Minimum Number of Dwelling Types	Maximum % of Any Dwelling Type	Minimum % of Any Dwelling Type
1 to 49	1	—	—
50 to 199	2	60%	15%
200 to 499	3	60%	10%
500+	4	60%	5%

(a)

There must be a minimum of 50 dwelling units in a PRD before a nonresidential use can be included in the PRD. Thereafter, there can be one nonresidential use per 25 dwelling units.

Accessory Uses and Structures. Accessory uses and structures, such as fences, decks, storage sheds, etc., shall be regulated by deed restrictions and the regulations of the homeowners' association.

Special Parking Regulations.

(a)

Parking for the PRD shall be the sum of the required parking for each individual use per Part 29, or the sum of one parking space per 200 square feet of total floor area of any nonresidential use plus three parking spaces for each dwelling unit, whichever is greater. In addition, two employee parking spaces per nonresidential use shall be provided.

(b)

Parking spaces shall be located on the same lot as the dwelling or use they are required to serve. Where the dwellings or uses are not located on separate lots, the parking spaces shall be located within 50 feet of the dwelling or use they are required to serve.

(c)

Five-tenths parking space per dwelling unit and 0.25 parking space per nonresidential use shall be provided upon the site as overflow parking.

(d)

Sufficient loading and unloading areas shall be provided for each nonresidential building along the rear of the building, in accordance with Part 29 and subject to approval by the Board of Supervisors during the PRD hearing.

10.

Buffer Yards.

(a)

There shall be a minimum buffer yard of at least 50 feet separating the PRD from adjacent residential properties and existing public rights-of-way. The buffer yard shall be landscaped in accordance with the provisions of this chapter. No proposed lot area or required yard area shall be calculated as part of the required buffer area.

The fifty-foot buffer requirement may be waived or reduced when the adjacent property contains an existing buffer yard of at least 50 feet in depth.

The fifty-foot buffer requirement may be waived or reduced for the purpose of creating large parcels of open space. When a buffer is not required by the Board of Supervisors, the minimum setback on the perimeter of the site shall be 75 feet.

(b)

There shall be a minimum buffer yard of at least 50 feet to separate the residential lots from any areas proposed for agricultural use, nonresidential use, or active recreational use. Each such buffer area shall be landscaped in accordance with the provisions of this chapter. The buffer yard shall not be calculated in the required residential lot area or required yard area.

Institutional Uses.

C1.

Hospital.

Definition. A use that is licensed by the American Hospital Association and involves the diagnosis, treatment or other medical care of humans that includes care requiring stays overnight and that may also include outpatient care. A medical care use that does not involve stays overnight shall be considered a "Medical Office." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not include housing of the criminally insane nor primarily involve housing or treatment of persons actively charged with or serving a sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professions.

Regulations.

Shall be located on a lot with its main access onto an arterial or collector street, as defined by the Subdivision and Land Development Regulations [Chapter 22].

At least two access roads with a minimum width of 20 feet shall be provided from such arterial or collector street.

More than one means of emergency access to the property shall be provided.

All facilities shall be located on the ground floor, unless an elevator sufficient to accommodate rolling beds or litters provides access to other than ground floor levels.

The Board of Supervisors may set such conditions as deemed necessary beyond state requirements for fire safety.

Adequate measures shall be taken to comply with Township Ordinances.

Shall have a minimum lot area of 10 acres.

C2.

Nursing Home.

Definition. A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of four or more persons.

Regulations.

The Board of Supervisors may set such conditions as deemed necessary, beyond state requirements, for fire safety.

The use shall provide a minimum of 20% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

The density shall not exceed more than 1,000 square feet of total lot area per bed or resident.

Setback: Principal and accessory buildings shall be set back a minimum of 100 feet from the lot line of an existing dwelling. All other setback requirements of the zoning district this use is located in shall be met.

Adequate provisions shall be in place to protect residents and secure the premises. This should include a secure fence along any lot line abutting an arterial or collector street.

Minimum lot area shall be 10 acres.

C3.

Personal Care Center.

Definition. A residential center providing residential and support services primarily to persons age 65 and over. The facility shall be licensed as a Personal Care Center by the state.

Regulations. The regulations listed above for nursing homes shall apply.

C4.

Group Home.

Definition. A use involving the residence of more than one person who may or may not related by blood, marriage, adoption or formal foster relationship to a family living in a dwelling unit, need nonroutine support services, and who reside in a family-like residential environment. This shall only include a use licensed or certified under an appropriate state program. These residents are intended to be persons who might otherwise be confronted with institutionalization. Group homes shall be limited to persons needing special care and oversight because of physical illness or infirmity, age, physical disability, mental illness that is not criminal in nature, mental retardation or emotional disability not criminal in nature.

Regulations.

A special exception approval shall be required and shall be contingent upon the manner of operation and nature of the group home. If the type of client or operation should significantly change, a new application shall be submitted for a special exception.

A statement setting forth full particulars on the operation to be conducted and to include any needed approvals of the Pennsylvania Departments of Health, Labor and Industry, Aging and Public Welfare shall be filed with the Township where applicable.

The group home shall register its location, number of residents and sponsoring agency with the Township and such information shall be available to the public.

Dwelling Type. A group home shall only be allowed in a single-family detached house.

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

The use shall be licensed under the applicable state program.

Any medical or counseling services provided shall occur on the lot only for residents and up to two nonresidents.

The lot on which a Group Home is located shall be at least 500 feet from the lot on which another Group Home is located; (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot).

One off-street parking space shall be provided for a) the supervisor, b) each additional employee per shift and c) every two residents reasonably capable of driving a vehicle.

10.

The group home activity shall not be related to criminal rehabilitation of either juveniles or adults nor the criminally insane nor serious alcohol or drug addiction, nor the care or housing of any persons prone to violence.

11.

If the group home is an existing or new structure, located in a residential district it shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area.

12.

The group home shall notify the Township if there is any suspension, loss or change in type of certification by the state.

13.

Minimum lot area. Unless a larger minimum is required in a specific district, the following is required for each applicable number of clients in a group home in a single-family detached dwelling:

(a)

One to five clients: 20,000 square feet minimum lot area.

(b)

Six to seven clients: 30,000 square feet minimum lot area.

(c)

Eight clients: 40,000 square feet minimum lot area.

(d)

No group home shall include more than eight clients.

14.

Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by an appropriate evergreen planting screen.

15.

Utilities. Both public water and public sewer service shall be provided.

C5.

Inpatient Drug and Alcohol Rehabilitation Center.

Definition. A residential care facility for the treatment of chemical substance and alcohol abuse.

Regulations.

There shall be no out-patient care.

There shall be no detoxification facilities.

The facility must be a licensed non-hospital freestanding drug and alcohol rehabilitation facility with the Commonwealth of Pennsylvania.

The minimum lot area shall be 0.5 acre for each patient bed.

There shall be a landscaped buffer area of 100 feet around the perimeter of the site. Buffering shall meet the requirements of § 27-2802 of this chapter.

Twenty percent of the lot shall be developed for active and passive recreation facilities. A minimum of 5% shall be active.

There shall be a staff to patient ratio of 6:1 during the period 7:00 a.m. to 10:00 p.m.

C6.

Adult Day Care.

Definition. A use involving the supervised care of four or more adults with functional impairments, as defined by the commonwealth, outside of their home for periods of 18 hours or less and that does not involve overnight stays. The facility shall provide daily living services, including personal care, nutritional, health, social, educational, recreational, therapeutic, rehabilitative, habilitative, and developmental activities.

Regulations.

Minimum lot size shall be one acre or the minimum lot area for other permitted uses in the applicable zoning district, whichever requirement is greater.

A minimum of 20% of the site shall be suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks and shall be enclosed by a six-foot fence.

Adequate provisions shall be in place to protect residents and secure the premises. This should include a secure fence along any lot line abutting an arterial or collector street.

The minimum yard, setback and lot width requirements for other permitted uses in the applicable zoning district shall be met.

The buffer requirements of this chapter shall be met.

The days and hours of operation shall be limited to Monday through Saturday, 7:00 a.m. through 6:00 p.m.

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

The applicant for an adult day care shall obtain a license from the Pennsylvania Department of Aging in compliance with Title 6, Chapter 11, of the Pennsylvania Code before an occupancy permit is issued for the use.

The Board of Supervisors may set such conditions as deemed necessary for firesafety, beyond state requirements.

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

The applicant shall comply with all applicable state and federal laws, rules, and regulations.

The operator of the use shall submit annually and/or upon revision the state-required and approved emergency operations plan to the Township and the local fire and emergency medical services companies.

Educational Uses.

D1.

Nursery School/Day-Care Center.

Definition. A use involving the supervised care of children outside of their home under age 16 for periods of 18 hours or less and that does not involve overnight stays. This use may also include educational programs that are supplementary to state required education. This use shall meet the applicable state requirements for minimum number of students.

Regulations.

Minimum lot area shall be one acre or the minimum lot area for other permitted uses in the applicable zoning district, whichever requirement is greater.

The maximum number of children shall be 25 children per acre.

The minimum yard, setback and lot width requirements for other permitted uses in the applicable zoning district shall be met.

An outdoor play area shall be provided. This area shall be fully enclosed by a four-foot high fence and shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be 100 square feet for each child.

The buffer requirements of this chapter shall be met.

Prior to final approval of this use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, Section 8A, of the Department of Public Welfare's Social Services manual by this Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of a dwelling.

No portion of an outside play area shall be 30 feet or less from an adjacent existing occupied dwelling.

D2.

College, Primary or Secondary School.

Definition. Religious, sectarian or nonsectarian, denominational or public educational institution providing educational programs at the college, primary and secondary scholastic levels; shall not include commercial trade schools.

Regulations.

Access shall be taken only from an arterial or collector highway.

Dimensional Requirements.

	Primary or Secondary School	College
Minimum lot area:	10 acres	10 acres
Minimum lot width:	200 feet	150 feet
Minimum front yard:	75 feet	60 feet
Minimum side yard:	100 feet	75 feet
Minimum rear yard:	100 feet	75 feet

Outdoor play areas shall be 60 feet from all property lines.

The buffer requirements of this chapter shall be met.

D3.

Commercial Trade School.

Definition. Commercial trade or professional school; art, music or dancing school. Other schools not included under Use D2.

Regulations.

Minimum lot area: one acre.

The buffer requirements of this chapter shall be met.

Recreational Uses.

E1.

Public Recreational Facility.

Definition. Recreational facility or park, owned or operated by the Township or other governmental agency.

Regulations.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbances.

The buffer requirements of this chapter shall be met.

E2.

Private Recreational Facility.

Definition. A recreational facility operated by a nonprofit organization, and open only to bona fide members and guests of such nonprofit organizations.

Regulations.

Minimum lot area: five acres.

The use shall not include amusement parks, wild animal parks or zoos.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. The buffer requirements of this chapter shall be met.

E3.

Campground.

Definition. A tract of land and buildings or structures planned as a whole for seasonal recreational use primarily by transients, travelers, or including privately operated recreational or instructional camps for boys or girls, either of which includes two or more cottages for shelter or sleeping purposes and/or recreational vehicles or camping sites for lease.

Regulations.

Minimum site area: 10 acres.

The main use of the proposed development shall be seasonal, that is for periodic use over a limited number of months during particular seasons of the year, and no occupant shall be permitted to remain for a total period exceeding 120 days during any one calendar year with the exception of a caretaker, grounds keeper or other staff.

Sewage disposal methods shall conform with the requirements of the Bucks County Department of Health and New Britain Township regulations.

Completely detached buildings or structures on the same lot shall not be less than 20 feet from one another.

Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall comply with § 27-2200 of this chapter.

The buffer requirements of this chapter shall be met.

There shall be a maximum average of two recreational vehicle sites or five family tent sites or two cabins per acre of total lot area. Vehicles, tents, and campsites shall have a maximum sleeping capacity of six persons.

E4.

Commercial Swimming Pool.

Definition. Any man-made structure or area including water with a depth greater than six inches that is used or intended primarily to be used for swimming, including, but not limited to, in-ground swimming pools, aboveground swimming pools, wading pools, spas, hot tubs; and their appurtenant equipment and facilities, including, but not limited to, pumps, filters, and decks; and where such structures/areas are not limited to use by members of one household and their guests. This use includes, but is not limited to, a swim club or a pool open to the general public, a specific community, or tenants of an apartment building.

Regulations.

All pools shall be entirely enclosed by a well-maintained fence, at least seven feet high, and with self-latching gates. The fence and gates shall be adequately designed, installed, and maintained to keep out children and shall conform with the Township Building Code.

All pools shall meet the applicable state and federal public bathing requirements.

All swimming pools and their appurtenant equipment and facilities shall fully comply with the Township Building Code.

Swimming pools and their appurtenant equipment and facilities shall not be located within any of the required minimum yards.

The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are fully shielded and are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties.

There shall be no cross-connection with a public sewerage system.

The permanent inlet shall be above the overflow level of the pool.

Prior to permit approval, it shall be demonstrated that the drainage of a pool is adequate and will not interfere with the water supply system, existing sewage facilities, public streets, or neighboring properties.

Self-contained, aboveground hot tubs may be located no closer than 10 feet to a principal building upon the property.

E5.

Private Club.

Definition. Private club or lodge other than Use E2.

Regulations.

The use shall be for members and their authorized guests only.

The buffer requirements of this chapter shall be met.

E6.

Golf Course.

Definition. Golf course (not including miniature golf course), including club house, restaurant and other accessory uses, provided these are clearly accessory to the golf course.

Regulations.

Minimum Lot Area:

(a)

Regulation, eighteen-hole: 130 acres.

(b)

Executive, eighteen-hole: 60 acres.

(c)

Nine hole, nine-hole: 50 acres.

(d)

Par 3, eighteen-hole: 45 acres.

(e)

Par 3, nine-hole: 25 acres.

No building shall be closer than 100 feet to any lot line.

The maximum building coverage ratio shall be 5% and the maximum impervious surface ratio 10%.

Fairways and greens shall be setback a minimum of 100 feet from the lot line of any existing dwelling.

E7.

Community Center.

Definition. Community center, adult education center or other similar facility operated by an educational, civic philanthropic or religious institution.

Regulations.

Minimum lot area: five acres.

No outdoor recreation area shall be located nearer to any lot line than 100 feet.

The buffer requirements of this chapter shall be met.

E8.

Library or Museum.

Definition. Library or museum, open to the public or connected with a permitted educational use and not conducted as a private gainful business.

Regulations.

Minimum lot area: two acres.

The buffer requirements of this chapter shall be met.

Public, Semipublic Uses.

F1.

Municipal Building/Use.

Definitions. New Britain Township municipal buildings or uses including administration buildings, police facilities, recreation facilities, libraries, road maintenance facilities, and emergency management facilities.

Performance Standards/Dimensional Requirements.

On any lot, more than one building or use may be erected or used for municipal use purposes.

Dimensional Criteria:

Minimum lot area: one acre.

Minimum front yard: 50 feet.

Minimum side yard: 25 feet.

Minimum rear yard: 50 feet.

Maximum building height: 45 feet.

Maximum building coverage ratio: 50%.

Maximum impervious surface ratio: 65%.

All municipal buildings or uses shall be screened with evergreen plantings and/or solid fencing as approved by the Township Zoning Officer for the use if adjacent to a residentially occupied dwelling.

F2.

Emergency Service Center.

Definition. A building for the housing of fire, ambulance, rescue, police or paramedic equipment and for related activities. A membership club may be included as an accessory use. Also, this use may include housing for emergency personnel.

Regulations.

The station shall maintain adequate and safe access on to a public street.

The buffer requirements of this chapter shall be met.

F3.

Recycling Collection Center.

Definition. A use for collection of common household materials for recycling. This use does not involve transfer, processing or recycling other than sorting of materials.

Regulations.

All materials shall be kept in appropriate containers, with appropriate sanitary closures to prevent the attraction of insects or rodents and to avoid any fire hazards.

Such facility shall have adequate provision for vehicular access and for off-street parking.

The buffer requirements shall be met.

This use may be an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

Materials to be collected shall be of the same character as the following materials: paper, cardboard, aluminum, glass, plastic.

The use shall include no processing other than collection, sorting and routine cleaning. No bulk crushing of metal or aluminum, burning, transfer, land-filling or melting shall occur.

Shall not include the collection or processing of any metals or pieces of metals that have a weight greater than 10 pounds.

Shall not include the delivery of more than 100 tons of materials to the site in any twenty-four-hour period.

F4.

Place of Worship.

Definition. Any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto.

Regulations.

Dimensional Requirements.

(a)

Minimum lot area: two acres.

(b)

Minimum lot width: 200 feet.

(c)

Minimum front yard: 65 feet.

(d)

Minimum side yard: 50 feet.

(e)

Minimum rear yard: 100 feet.

The buffer requirements of this chapter shall be met.

A parsonage, weekly religious education rooms, meeting rooms, child nursery, day-care center and bus storage area are permitted accessory uses provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship.

F5.

Cemetery.

Definition. A burial place or graveyard, including mausoleum, crematory, columbarium, chapel, or pet cemetery.

Regulations.

Dimensional regulations shall be as follows (except for pet cemeteries):

(a)

Minimum site area: 10 acres.

(b)

Minimum setback for front, side, and rear yards: 100 feet.

Lot Coverage of Accessory Buildings and Parking Facilities. No more than 10%, up to a maximum of five acres, may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.

No burial plots, structures, or parking areas shall be located within the 100-year floodplain.

No outside storage shall be permitted.

All structures open to the public shall be supplied with water and sewer. All utilities shall be placed underground.

The buffer requirements of this chapter shall be met.

A zoning permit shall be obtained on an annual basis.

All caskets shall be of durable construction and not subject to breakage or deterioration. Caskets shall not be stacked one above another underground, and the top of every casket shall be at least three feet below the existing grade.

Additional requirements for pet cemeteries:

(a)

All grave markers shall be placed flush to the ground.

(b)

Minimum lot area: three acres.

(c)

Maximum lot area for pet cemetery: 10 acres.

(d)

Minimum setbacks for front, side and rear yards: 25 feet.

The owner or operator shall maintain at all times a current burial plot diagram showing all plots in use, which shall be available to the Township for inspection upon request.

F6.

Business Campus.

Definition. A large tract of land that is planned, developed, and operated as an integrated facility for a number of individual businesses, including offices and limited commercial uses. The design of this use will require special attention to coordinated access and appropriate landscaping. Each sub-use shall be on its own lot.

Use Regulations.

Only one or more of the following principal sub-uses may be included in a business campus:

I1	Medical Office
I2	Veterinary Office
I3	General Office
I4	Medical and Pharmaceutical Sales Office
J4	Financial Establishment
J28	Office Supplies and Equipment Sales and Services
J29	Package Delivery Services
K2	Research
K4	Printing
K7	Crafts

Only the following accessory sub-uses may be included in a business campus when combined with one of the allowed principal sub-uses listed above:

L1	Nonresidential Accessory Building
L2	Outside Storage or Display
L3	Temporary Structure
L4	Temporary Community Event
L9	Off-Street Parking
L10	Signs
L12	Cafeteria
L13	Training Center

Except for the area and dimensional requirements which are set forth in the following subsection, any principal or accessory sub-use established as a part of a business campus shall meet all of the requirements applicable to that principal or accessory sub-use as set forth elsewhere in this chapter.

Neither outdoor kennels or runs nor overnight boarding of animals shall be permitted in conjunction with the I2 Veterinary Office sub-use.

Drive-through services are permitted in conjunction with the J4 Financial Establishment sub-use.

Area and Dimensional Requirements.

Minimum site area: 25 acres.

The site must have frontage on an arterial highway.

Minimum site width:

(a)

Arterial highway: 300 feet.

(b)

All other public streets: 200 feet.

Minimum site depth: 200 feet.

Minimum site front yard setback: 50 feet.

Minimum site side yard setback: 25 feet.

(a)

When adjacent to residential zoning district: 100 feet.

Minimum site rear yard setback: 50 feet.

(a)

When adjacent to residential zoning district: 100 feet.

Minimum distance between buildings: 30 feet.

Maximum building coverage ratio for the site: 50%.

10.

Maximum impervious surface ratio for the site: 65%.

11.

Maximum building height: 45 feet.

12.

Within the site, the following applies to individual lots within the campus:

(a)

Minimum lot area: three acres.

(b)

Minimum front yard setback (may be part of required site perimeter):

Public street: 50 feet.

Private street: 25 feet.

(c)

Minimum side yard (may be part of required site perimeter): 50 feet.

(d)

Minimum rear yard (may be part of required site perimeter): 50 feet.

Special Parking Regulations.

Parking for this Business Campus use shall be the sum of the required parking for each individual use per Part 29 of this chapter, or one parking space per 200 square feet of total floor area, whichever is greater; plus two additional employee parking spaces per sub-use shall be provided.

Sufficient loading and unloading areas shall be provided for each building along the rear of the building in accordance with the regulations set forth in Part 29 of this chapter.

F7.

Commercial Campus.

Definition. A tract of land that is planned, developed, and operated as an integrated facility for a number of individual businesses, including offices and limited commercial uses. The design of this use will require special attention to coordinated access and appropriate landscaping. Each sub-use shall be on its own lot.

Use Regulations.

Only one or more of the following principal sub-uses may be included in a commercial campus:

D1	Nursery School/Day-Care Center (permitted by special exception only)
I1	Medical Office
I3	General Office
I4	Medical and Pharmaceutical Sales Office
J3	Service Business
J4	Financial Establishment
J6	Eating Place
J11	Indoor Athletic Club
J15	Hotel/Motel
J28	Office Supplies and Equipment Sales and Services
J29	Package Delivery Services
J30	Photocopying Services

Only the following accessory sub-uses may be included in a commercial campus when combined with one of the allowed principal sub-uses listed above:

L1	Nonresidential Accessory Building
L2	Outside Storage or Display
L3	Temporary Structure
L4	Temporary Community Event
L9	Off-Street Parking
L10	Signs
L12	Cafeteria
L13	Training Center

Except for the area and dimensional requirements which are set forth in the following subsection, any principal or accessory sub-use established as a part of a commercial campus shall meet all of the requirements applicable to that principal or accessory sub-use as set forth elsewhere in this chapter.

Any J6 Eating Place sub-use shall be located within 750 feet of a major collector or arterial street and shall not be located within 500 feet of any Township park or recreational property or facility.

Drive-through services are permitted in conjunction with the J4 Financial Establishment sub-use, but not in conjunction with the J6 Eating Place sub-use.

Area and Dimensional Requirements.

Minimum site area: 25 acres.

The site must have frontage on an arterial highway.

Minimum site width:

(a)

Arterial highway: 300 feet.

(b)

All other public streets: 200 feet.

Minimum site depth: 200 feet.

Minimum yard setbacks:

(a)

Front yard: 50 feet.

(b)

Side yard: 25 feet.

(c)

Side yard adjacent to a residential zoning district: 100 feet.

(d)

Rear yard: 100 feet.

Minimum distance between buildings: 30 feet.

Maximum building coverage ratio for the site: 50%.

Maximum impervious surface ratio for the site: 65%.

Maximum building height: 45 feet.

10.

Minimum lot area per sub-use: No minimum lot area shall be required; however, the maximum number of principal sub-uses in a commercial campus shall be equal to the total gross site area divided by three.

11.

The maximum floor area for the J28 Office Supplies and Equipment Sales and Services sub-use shall be 10,000 square feet.

Special Parking Regulations.

Parking for this Commercial Campus use shall be the sum of the required parking for each individual use per Part 29 of this chapter, or one parking space per 200 square feet of total floor area, whichever is greater; plus two additional employee parking spaces per sub-use shall be provided.

Sufficient loading and unloading areas shall be provided for each building along the rear of the building in accordance with the regulations set forth in Part 29 of this chapter.

Utility and Transportation Uses.

G1.

Utilities.

Definition. Transformer station, pumping station, relay station, towers, transmission, water or relay substations, switching center, sewage treatment plant and any similar or related installation, not including public incinerators, public or private landfills and wireless telecommunications facilities.

Regulations.

Except in commercial and industrial zoning districts, no public business office, storage yard, and/or storage building shall be established/operated on the lot in connection with this use. Any outside storage shall be considered an L2 Outside Storage or Display use and shall comply with all the requirements for this use.

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

Solar Energy System. Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection storage, and distribution of solar energy for sale on the open market.

Solar Panels — A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable energy by way of a solar energy system.

Ground-array solar panels shall be permitted in accordance with the following:

(a)

Ground arrays shall meet the setback requirement for the principal use on the property, provided that no solar panel shall be located closer to the property line than two times the height of the solar panel or 75 feet, whichever is greater.

(b)

Ground arrays shall be located so that any glare or reflection is directed away or is properly buffered from adjoining properties.

(c)

Ground arrays shall not exceed a height of 35 feet.

Roof-mounted solar panels shall be permitted in accordance with the following:

(a)

Permitted roof-mounted solar panels on sloped or flat roofs shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.

(b)

Any roof-mounted solar panels other than those described in Subsection c.3.(a) above shall only be permitted on flat roofs and shall not project vertically more than 10 feet above the surface of the roof, not including the parapet, wall, or other projection along the edge of the roof.

(c)

In no event shall the placement of any solar panels result in a total height of the building (including the panels) exceeding 35 feet.

(d)

Roof-mounted solar panels shall be placed so as to prevent reflection and glare to adjacent properties.

Design and Installation. To the extent applicable, the solar energy system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended, and the applicable regulations adopted by the Department of Labor and Industry, 34 Pa. Code § 401.1 et seq.

The design of the solar energy system shall conform to applicable industry standards.

On existing construction, a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.

Easements. On plans for new subdivisions or land developments that propose to provide for solar energy systems, a notation shall be placed on the approved plan stating that restrictions have been placed on the lots in question, pursuant to a recorded deed of easement, concerning the placement of structures and vegetation as they relate to the solar energy systems. The terms of the easement shall be as approved by the Township Solicitor.

Abandonment and Removal of Solar Energy Systems. Any solar panel (roof or ground) which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.

10.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

11.

The installation of solar energy systems is subject to all public utility requirements for interconnection with the utility's system, if applicable.

G2.

Terminal.

Definition. Bus, taxi station, terminal, public parking lot or parking garage.

Regulations.

The buffer requirements of this chapter shall be met.

G3.

Airport.

Definition. A facility designed for aircraft, including airplanes and helicopters, to take off and land. An airport includes hangers for the storage of aircraft, facilities for refueling and repairing aircraft and various accommodations for passengers.

Regulations.

In addition to the airport accessory office, service, industrial or commercial uses may be approved by the Township Board of Supervisors as conditional uses. The area, dimensional, coverage, buffering, impervious surface limitations and parking requirements for the specific use and the Industrial District shall be met.

Approval shall be secured from the Pennsylvania Department of Transportation, Bureau of Aviation. This shall include approval for both Private and Public airports. Failure to maintain compliance with the state and federal regulations shall void all Township approvals.

A "stopway" of at least 200 feet in length and having a width equal to that of the paved runway shall be provided between each end of the runway and the property line of the airport tract.

All buildings, runways, taxiways, parking areas, warm-up pads, aprons, lights, communication facilities, tie-down areas, repair facilities, refueling facilities, etc., shall conform to the setback requirements of this chapter.

A steel post and mesh Class "E" wire fence having a height of seven feet shall enclose that part of the airport tract which is used by aircraft so that animals and unauthorized persons and vehicles are restrained from entering the aircraft operating area.

The owners, lessees and operators of the airport shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:

(a)

The establishment of flight patterns and ground traffic patterns.

(b)

The location of warm-up ramps, parking areas, tie-down areas or hangars.

(c)

Flight training shall not be scheduled before 7:00 a.m. or after 10:00 p.m.

The buffer requirements of this chapter shall be met. In addition, warm- up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.

No airport shall be established if its flight pattern will conflict with the flight pattern of any existing airport or heliport.

G4.

Wireless Telecommunications Facility.

Purpose. The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in New Britain Township. While the Township recognizes the importance of wireless telecommunications facilities in providing high quality communications service to its residents and businesses, the Township also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

Design. By enacting this section, the Township intends to:

Promote the health, safety, and welfare of Township residents and businesses with respect to wireless telecommunications facilities.

Provide for the managed development of wireless telecommunications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Township residents and wireless carriers in accordance with federal and state laws and regulations.

Establish procedures for the design, siting, construction, installation, maintenance, and removal of both tower-based and non-tower based wireless telecommunications facilities in the Township, including facilities both inside and outside the public rights-of-way.

Address new wireless technologies, including, but not limited to, small wireless facilities, distributed antenna systems, data collection units, cable wi-fi, and other wireless telecommunications facilities.

Encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new tower-based structures.

Protect Township residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.

Update the Township's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

Definitions. The following are applicable to wireless telecommunications facilities:

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure, including, but not limited to, utility or transmission equipment; power supplies; generators; batteries; cables; equipment buildings, cabinets, and storage sheds; and shelters.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based WTF defined below. For the purposes of this use, this definition shall not include private residents' mounted satellite dishes or television antennas or amateur radio equipment, including without limitation, ham or citizen band radio antennas.

CO-LOCATION

The mounting of one or more WTFs, including antennas, on an existing tower-based WTF or utility or light pole.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building, cabinet or structure containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet per user unless approved by the Township.

DECORATIVE POLE

A Township-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless facility, lighting, or municipal attachments, have been placed or are permitted to be placed.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

EMERGENCY

A condition that (a) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (b) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

FCC

Federal Communications Commission.

HEIGHT OF A TOWER-BASED WTF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WTF, including antennas mounted on the tower and any other appurtenances.

MONOPOLE

A WTF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER WTF)

All non-tower wireless telecommunications facilities, including but not limited to, antennas and related equipment. Non-tower WTF shall not include support structures for antennas and related equipment.

PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations, and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that "person" does not include or apply to the Township or to any department or agency of the Township.

PRIOR APPROVED DESIGN

A design for a small wireless facility that has been reviewed and deemed to be in accordance with the requirements of this Use G4 and approved for construction by the Township.

SMALL WIRELESS FACILITY (SWF)

A specific type of tower or non-tower WTF that meets all of the following requirements:

(a)	The facility is: mounted on a structure 50 feet or lower in height (including the height of the proposed antennas); mounted on a structure no more than 10% taller than other adjacent structures; or mounted so that it does not extend the existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater.
(b)	Each antenna associated with the deployment of the facility, excluding associated equipment, is no more than three cubic feet in volume.
(c)	All wireless equipment, other than the antennas, associated with the facility, including the wireless equipment associated with the antennas and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.
(d)	The facility does not require antenna structure registration under FCC rules, in particular, 47 CFR Part 17.
(e)	The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified by the FCC, in particular 47 CFR 1.1307(b).

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.

SUBSTANTIALLY CHANGE

(a) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or (b) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITY (TOWER- BASED WTF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles, and light poles. DAS hub facilities are considered to be tower-based WTF's.

TOWNSHIP

New Britain Township, Bucks County, Pennsylvania.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.)

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless telecommunications facility or any other support structure that could support the placement or installation of a wireless telecommunications facility if approved by the Township.

WIRELESS TELECOMMUNICATIONS FACILITY (WTF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics, and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS TELECOMMUNICATIONS FACILITY APPLICANT (WTF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval, and/or permission to use the public ROW or other Township-owned land or property.

General Requirements — All Facilities. Unless otherwise prohibited by the WBCA, all wireless telecommunications facilities shall be permitted only by conditional use in accordance with §§ 27-3007 through 27-3010 of this chapter. Where conditional use approval is prohibited by the WBCA, such covered facilities shall be allowed by right. All WTFs shall be subject to the following regulations:

Standard of Care. Every WTF 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 (when applicable) the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Every WTF 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.

Wind. Every WTF and support 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/TIA-222-E Code, as amended). Such structures must be designed to withstand wind gusts of at least 100 miles per hour.

Interference. No WTF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. No WTF may, by itself or in conjunction with other WTFs, 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.

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

Lighting. WTFs shall not be artificially lit, except that security lighting may be used as long as it is shielded and pointed towards the ground to retain the light within the boundaries of the property or except as required by law. If lighting is required or proposed, 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.

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

Historic Buildings or Districts. No WTF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or eligible to be so listed, or has been designated by the Township as being of historic significance.

Natural Resources. The location of the WTF and all accessory structures and equipment shall comply with all applicable natural resource protection standards of this chapter.

10.

Security. All communications equipment buildings and similar structures/areas shall be equipped with an appropriate security or alarm system for detection of fire. All towers, poles, and similar structures shall be fitted with anti-climbing devices, as approved by the manufacturer.

11.

Monitoring and Maintenance. The following requirements shall apply:

(a)

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

(b)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the general public.

(c)

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

12.

Graffiti. Any graffiti or unapproved signs on a tower-based or non-tower WTF 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 or signs.

13.

Indemnification. Every applicant for a WTF shall complete an indemnification provision as a part of the application process. This provision shall provide that each person that owns or operates a WTF will, at its sole cost and expense, indemnify, defend, and hold harmless the Township, its elected and appointed officials, employees, and agents, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by, or connected with any act or omission of the person, its officers, agents, employees, or contractors arising out of, but not limited to, the construction, installation, operation, maintenance, or removal of the WTF. Each person that owns or operates a WTF 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 WTF. 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.

14.

Inspection.

(a)

All WTFs shall be inspected every two years by an expert who is regularly involved in the maintenance, inspection, and/or erection of such facilities. At a minimum, this inspection shall be conducted with the tower inspection class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Township.

(b)

The Township reserves the right to inspect any WTF to ensure compliance with the provisions of this chapter and any other provision found within the Township Code of Ordinances or state or federal law. The Township shall have the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(c)

All WTF applicants shall provide the Township with a written commitment that they will allow the Township to inspect their WTF to ensure compliance with the provisions of this use and any other provisions found within the Township Code of Ordinances or state or federal law and that they grant the Township and/or its agents the authority to enter the property upon which a WTF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

15.

Application. Subsequent to conditional use approval and prior to construction/installation of the WTF, the applicant shall obtain a building permit from the Township. The plan and design calculations for the construction of any WTF shall contain the seal and signature of a Pennsylvania licensed structural engineer.

General Requirements — Tower-Based WTFs. All tower-based wireless telecommunications facilities shall be subject to the following regulations:

Location. Tower-based WTFs shall only be allowed in the following wireless telecommunications overlay zones:

(a)

The strip of land 400 feet in width, measured from the right-of-way line of County Line Road (SR. 2038).

(b)

The strip of land 400 feet in width, measured from the right-of-way line of Swamp Road (SR. 313).

(c)

The I-Industrial Zoning District.

(d)

Attached to a tower or structure existing as of January 6, 2014, and located in any zoning district.

Gap in Coverage. An applicant for a tower-based WTF 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 WTF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Co-location. An application for a new WTF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed WTF cannot be accommodated on an existing structure or building, including, but not limited to utility and traffic light poles. Any application for approval of a WTF shall include a comprehensive inventory of all existing towers, buildings, 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 Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot he utilized. If an existing building or structure is found, it shall be used to mount the antenna unless the applicant provides written proof to the Township that the owner denied permission to the applicant to install the antenna on this building or structure.

Timing of Approval. Within 30 calendar days of the filing of an application for a tower-based WTF with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Any application for a tower-based WTF shall be acted upon within 150 days of the receipt of a fully completed application for a tower-based WTF. 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. The Township shall advise the applicant in writing of its decision on the application.

Removal. In the event that use of a tower-based WTF 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 WTFs or portions of WTFs shall be removed as follows:

(a)

All unused or abandoned tower-based WTFs 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 WTF 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 WTF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF, including any expenses incurred in conjunction with the removal of these facilities, including, but not limited to, engineering fees, attorney's fees, construction or demolition costs, and repair costs.

(c)

Any unused portions of tower-based WTFs, 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 WTF previously removed.

(d)

If the owner of the WTF fails to reimburse the Township for the costs of any removal activities undertaken by the Township within 30 days of being invoiced for the same, the Township may make demand upon any bond or other financial security maintained with the Township for such WTF for the full amount owed to the Township, including any expenses incurred in conjunction with the collection of these monies, including, but not limited to, legal costs and attorney's fees.

(e)

Removal of a tower-based WTF located in the ROW shall comply with the regulations set forth below for such facilities.

Signs. All WTFs 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.

Additional Antennas. All tower-based WTF applicants shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on its tower-based WTF where technically and economically feasible. The owner of a tower-based WTF shall not install any additional antennas without obtaining the prior written approval of the Township.

Bond. Prior to the issuance of a permit, the owner of a tower-based WTF shall, at its own cost and expense, obtain and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $100,000, from a surety licensed to do business in Pennsylvania. Such bond or security shall assure the faithful performance of the terms and conditions of this chapter and shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The original of said bond or security shall be provided to and held by the Township.

Specific Requirements - Tower-Based WTFs Inside of ROW. The following regulations shall apply to all wireless telecommunications facilities located within the right-of-way of any public street, and all such WTFs shall comply with these requirements:

Height. Every WTF shall be designed at the minimum functional height. All WTF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any WTF located in the public rights-of-way shall not exceed 50 feet, which height shall include all subsequent additions or alterations.

Design Requirements.

(a)

WTF 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.

(b)

Antennas and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment, shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Equipment Location. All WTF's 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)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the nearer edge of a sidewalk or pedestrian/bike path, or any building.

(b)

Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

(c)

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

(d)

Any underground vaults related to a tower WTF located within the right-of-way shall be reviewed and approved by the Township.

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 WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WTF 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.

(d)

An emergency as determined by the Township.

Compensation for ROW Use. In addition to permit fees as described above, every tower-based WTF 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 WTF 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 tower-based WTFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such WTFs.

Specific Requirements — Tower-Based Facilities Outside of ROW. The following regulations shall apply to tower-based wireless telecommunications facilities located outside of the right-of-way of any public street and all such WTFs shall comply with these specific requirements:

Height. Any tower-based WTF shall be designed at the minimum functional height. All tower-based WTF applicants must submit documentation to the Township justifying the total height of the structure. The maximum total height of any tower-based WTF shall not exceed 175 feet, which height shall include all subsequent additions or alterations.

Design Regulations and Finishes.

(a)

To promote the aesthetics and compatibility of the use within the existing areas of the Township, tower-based WTFs located outside the public rights-of-way 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 WTF applicant shall be subject to the approval of the Township. At a minimum, all applications for a new WTF shall propose an alternate design in the form of a tree or silo where feasible.

(b)

Any height extensions to an existing tower-based WTF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WTF to more than 175 feet. 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 the Township.

(c)

Any proposed tower-based WTF outside the public rights-of-way shall be designed structurally, electrically, and in all respects to accommodate both the WTF applicant's antennas and comparable antennas for future users.

(d)

At a minimum, all tower-based WTFs outside the public rights-of- way shall be galvanized and/or, painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

Surrounding Environs.

(a)

The tower-based WTF applicant shall ensure that the existing vegetation, trees, and shrubs located within proximity to the WTF structure shall be preserved to the maximum extent possible.

(b)

The tower-based WTF 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 WTF, and anchors for guy wires, if used.

Notice. In conjunction with an application for any WTF which shall be located outside the public rights-of-way, the applicant shall mail notice thereof to the owners and tenants of every property within 1,000 linear feet of the site of the proposed facility and shall provide proof of the mailing of such notice to the Township.

Sole Use on a Lot. A tower-based WTF is permitted as a sole use on a lot subject to the following:

(a)

Minimum lot area: one acre.

(b)

Minimum setbacks measured from the required security fence: 35% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

Combined with Another Use. A tower-based WTF may be permitted on a lot with an existing agricultural, industrial, commercial, institutional, or municipal use, subject to the following conditions:

(a)

The existing use on the property shall be any permitted use in the applicable zoning district, and need not be affiliated with the WTF.

(b)

Minimum Lot Area. The minimum lot area shall be the area needed to accommodate the tower/pole (guy wires if used), the communications equipment building, security fence, and buffer planting, which shall be in addition to the required lot area for the existing permitted use.

(c)

Minimum Setbacks. Minimum setbacks measured from the required security fence: 35% of the height of the wireless support structure or the yard setbacks applicable to the zoning district in which the WTF is located, whichever is greater.

(d)

Access. Whenever feasible, the vehicular access to the communications equipment building shall be provided along the circulation driveways of the existing use.

Fence/Screen.

(a)

An eight-foot high security fence shall completely surround any tower-based WTF, guy wires, communications equipment building, or any other structure housing, WTF equipment.

(b)

An evergreen screen, consisting of arborvitae trees six feet in height, planted at three-foot intervals, shall be planted along the perimeter of the security fence, unless otherwise approved by the Board of Supervisors.

Accessory Equipment.

(a)

Ground-mounted equipment associated to, or connected with, a tower-based WTF shall be underground or screened from public view using Stealth Technologies, as described above.

(b)

All communications equipment buildings, 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.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based WTF. 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. Two off-street parking spaces, or one space per employee, whichever requires the greatest number of spaces, shall be provided. Where necessary, the WTF owner shall present documentation to the Township that the property owner has granted an access easement for the proposed facility.

Specific Requirements - Non-Tower Facilities Outside of ROW. All non-tower wireless telecommunications facilities, except for those located in the public rights-of-way, shall be subject to the following regulations:

Permitted in All Zones Subject to Regulations. Non-tower WTFs are permitted in all zones in accordance with the restrictions and conditions prescribed within this chapter and subject to the prior written approval of the Township.

Removal. In the event that use of a non-tower WTF 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 WTFs or portions of WTFs shall be removed as follows:

(a)

All abandoned or unused WTFs 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.

(b)

If the WTF 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 WTF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WTF.

(c)

Removal of a non-tower WTF located in the ROW shall comply with the regulations set forth below for such facilities.

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 WTF, as well as related inspection, monitoring, and related costs. Where the non-tower WTF does not substantially change the physical dimensions of the wireless support structure to which it is attached, 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 this non-tower WTF or $1,000, whichever is less.

Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WTF 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.

Bond. Prior to the issuance of a permit, the owner of a non-tower WTF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

Specific Requirements - Non-Tower-Facilities in ROW. All non-tower wireless telecommunications facilities located in the public rights-of-way shall be subject to the following regulations:

Co-location. Non-tower WTFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

Design Requirements.

(a)

(b)

Antennas and all support equipment shall be treated to match the supporting structure. WTFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Compensation for ROW Use. In addition to permit fees as described above, every non-tower WTF 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 WTF 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 WTFs shall be determined by the Township and authorized by resolution of Township Board and shall be based on the Township's actual ROW management costs as applied to such non-tower WTF.

Time, Place and Manner. The Township shall determine the time, place and manner of construction, maintenance, repair, and/or removal of all non-tower WTFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place, and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment Location. Non-tower WTFs 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)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, the nearer edge of a sidewalk or pedestrian/bike path, or any building.

(b)

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.

(c)

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

(d)

Any underground vaults related to a non-tower WTF located within the right-of-way shall be reviewed and approved by the Township.

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 non-tower WTF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any WTF 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.

(d)

An emergency as determined by the Township.

Visual or Land Use Impact. The Township retains the right to deny an application for the construction or placement of a non-tower WTF based upon visual and/or land use impact.

Specific Requirements — Non-Tower Facilities That Change Support Structure. All non-tower wireless telecommunications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached shall be subject to the following additional regulations:

Development Regulations. Non-tower WTFs shall be co-located on existing structures, such as existing buildings or tower-based WTF's, subject to the following conditions:

(a)

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

(b)

An eight-foot high security fence shall surround any separate communications equipment building, and an evergreen screen, consisting of arborvitae trees six feet in height, planted at three-foot intervals, shall be planted along the perimeter of the security fence, unless otherwise approved by the Board of Supervisors. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Design Regulations.

(a)

Non-tower WTFs 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 WTF applicant shall be subject to the approval of the Township.

(b)

Non-tower WTFs, which are mounted to a building or similar structure, may not exceed a height of 50 feet above the roof or parapet, whichever is higher.

(c)

All non-tower WTF 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. Persons 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 regulations enumerated in this subsection.

Removal, Replacement, and Modification.

(a)

The removal and replacement of non-tower WTFs and/or accessory equipment for the purpose of upgrading or repairing the WTF is permitted, so long as such repair or upgrade does not increase the overall size of the WTF or the numbers of antennas.

(b)

Any material modification to a WTF shall require a prior amendment to the original permit or authorization.

Conditional Use Requirements. Applicants for a wireless telecommunications facility shall present testimony and evidence to the Board of Supervisors in support of the following requirements:

The applicant shall present documentation that the facility is designed in accordance with all the standards cited in this chapter for WTFs.

The applicant shall demonstrate that the antenna/tower/pole for the WTF is the minimum height necessary for the service area.

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

The need for additional buffer yard treatments shall be evaluated.

The applicant shall demonstrate that the WTF must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

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

Township Facilities. Proposed or existing WTFs owned, operated, or leased by New Britain Township or located upon property owned by New Britain Township shall not be subject to the requirements of this chapter, nor to the conditional use provisions of this chapter. This exemption does not apply to proposed or existing WTFs located in Township-owned rights-of-way and owned by non-Township entities.

Specific Standards for Small Wireless Facilities. All small wireless facilities shall be subject to the following regulations in addition to the requirements applicable to the type of WTF the SWF is proposed to be (tower, non-tower, etc.) as set forth in this section:

All SWFs shall be installed and maintained in a workmanlike manner in compliance with the Pennsylvania Uniform Construction Code, National Electrical Safety Code, and the National Electrical Code, as applicable.

All SWFs shall comply with the Americans with Disabilities Act and all applicable requirements relating to streets and sidewalks as established by the Township Code.

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

Antenna Standards.

(a)

All pole-top antennas shall be flush-mounted as closely to the top of the utility pole as technically feasible.

(b)

All antennas shall be of a design, style, and color that reasonably matches the utility pole upon which they are attached.

(c)

Any necessary pole-top extension shall be of the minimum height necessary to achieve separation from the existing pole attachments.

(d)

Any antenna mounted on a lateral standoff bracket shall protrude no more than necessary to meet clearances.

(e)

If mounted on an existing structure, no antenna shall impair the function of said structure.

(f)

Antenna placement shall not impair light, air, or views from adjacent windows.

Accessory Equipment Standards.

(a)

Accessory equipment shall not exceed 28 cubic feet in volume. Stealth technology shall not be included in the accessory equipment volume calculation.

(b)

Accessory equipment shall be mounted flush to the side of a utility pole, or as near flush to the side of a utility pole as technically feasible.

(c)

Accessory equipment shall be mounted so as to provide a minimum of eight feet of vertical clearance from ground level.

(d)

Accessory equipment shall be of a design, style, and color that reasonably matches the utility pole upon which it is attached.

(e)

All accessory equipment shall be contained within a single equipment shroud or cabinet.

(f)

Accessory equipment placement shall not impair light, air, or views from adjacent windows.

(g)

No accessory equipment shall feature any lighting, including flashing indicator lights, unless required by state or federal law.

Wiring Standards.

(a)

Exposed Wiring is Prohibited. Transmission, fiber, power cables and any other wiring shall be contained within any utility pole for which such concealment is technically feasible. If wiring cannot be contained within the utility pole, all wiring shall be contained within conduit or U-guard that is flush-mounted to the utility pole.

(b)

All wiring shall be installed without excessive slack or extra cable storage on the utility pole. Loops of extra wiring shall not be attached to any utility pole.

(c)

Any conduit or U-guard shall be of a color that reasonably matches the utility pole to which the SWF is attached.

Replacement Poles. When a utility pole or light pole is proposed to be replaced in conjunction with the installation of an SWF, the following must be complied with:

(a)

The maximum height of any proposed replacement pole shall be the greater of the following:

10% higher than the tallest existing pole in the same right-of-way within a 250-foot radius of the proposed SWF; or

Fifty feet above ground level (calculated as the average ground level of an area 20 feet in radius around the pole) where the replacement pole is to be installed.

(b)

Any replacement pole shall be of comparable materials and design to the existing utility pole.

(c)

Any replacement pole shall be placed within five feet of the existing utility pole being replaced.

(d)

Any replacement pole shall be designed to accommodate all uses that exited on the existing utility pole prior to replacement. As part of an application for an SWF, the applicant shall provide documentation from a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the replacement pole, SWF, and prior existing uses shall be structurally sound.

(e)

Any replacement pole shall not deviate from the predominant pattern of existing adjacent structures.

New Poles. When a new utility pole or light pole is proposed to be installed in conjunction with the installation of an SWF, the following must be complied with:

(a)

The maximum height of any proposed new pole shall be the greater of the following:

10% higher than the tallest existing pole in the same right-of-way within a 250-foot radius of the proposed SWF; or

Fifty feet above ground level (calculated as the average ground level of an area 20 feet in radius around the pole) where the new pole is to be installed.

(b)

Any new pole shall not deviate from the predominant pattern of existing adjacent structures and shall be of comparable materials and design to the existing poles within a 250-foot radius of the new pole.

(c)

To the extent technically feasible, no new pole shall be installed:

Directly in front of any commercial or residential building or between the front of any commercial or residential building and any street;

Within 10 feet of the edge of any driveway;

In a right-of-way directly opposite any driveway; or

In violation of the design standards contained herein.

Decorative Poles.

(a)

Decorative poles shall be required;

To replace any existing decorative pole; or

In any zoning district where all utilities are required to be placed underground.

(b)

For any replacement decorative pole, the new decorative pole shall match the existing decorative pole in shape, design, color, and material.

(c)

All replacement decorative poles shall comply with the requirements of this section.

10.

Timing of Approval.

(a)

Incomplete Application. Within 10 calendar days of receiving an incomplete original or revised application for an SWF, the Township shall notify the applicant in writing of this fact and state what information is required to complete such application. If an applicant for an SWF submits an incomplete original application, the deadlines for approval listed below shall restart upon the filing of the revised application, so long as the Township has notified the applicant in writing within 10 days of submission that the original application is incomplete. When a revised application has been found to be incomplete, the deadlines for approval are tolled until the missing information is submitted, so long as the Township has notified the applicant in writing within 10 days of submission of the revised application that the additional information provided is insufficient.

(b)

Any application to add an SWF to an existing structure shall be fully acted upon by the Township within 60 days of the receipt of a fully completed application for such an SWF. The Township shall advise the applicant in writing of its decision on the application.

(c)

Any application for an SWF that requires a new support structure, such as a new pole, shall be fully acted upon by the Township within 90 days of the receipt of a fully completed application for such an SWF. The Township shall advise the applicant in writing of its decision on the application.

11.

Fees.

(a)

(b)

Compensation for ROW Use. In addition to the above-described permit fees, every SWF 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 SWF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above.

(c)

The fees for SWFs shall be determined by the Township and authorized by resolution of the Township Board from time to time and shall be based on the Township's actual costs for processing applications and managing the rights-of-way concerning SWFs.

Residential Accessory Building, Structure or Use.

H1.

Garage/Off-Street Parking.

Definition. Garages, enclosed structures or parking for commercial vehicles.

Regulations. The following regulations are exceptions to the regulations generally covering residential accessory structures:

No more than one commercial vehicle shall be parked on a residential property.

The commercial vehicle shall be parked in a garage.

Only the tractor of a tractor/trailer combination may be parked on properties of three acres or less.

H2.

Residential Structure.

Definition. Buildings such as storage sheds, garden sheds, pavilions, gazebos, private greenhouses, and similar structures. A residential structure shall be an uninhabitable, freestanding structure with a maximum building coverage of 400 square feet; not greater than 12 feet in height; without footings; and which is used for the storage of household items incidental to the day-to-day use, care and maintenance of a residential property. Household items shall include, but not be limited to, lawn mowers, garden tools and supplies, and barbecue grills.

Regulations. The following regulations are exceptions to the regulations generally covering residential accessory structures:

No residential sheds shall be located in front yards except on lots 10 acres or greater in size. Such sheds shall be permitted for Use B1 in front yards but shall not be located within the required minimum front yard setback. If any property has more than one front yard, the shed may be permitted within the yard that is along the side of the existing principal structure.

No more than two residential sheds shall be situated on any property one acre or less in size. On properties larger than one acre in size, one additional shed may be situated on the property for each additional acre in size above one acre.

No residential shed shall be located in any easement or right-of-way.

A residential shed may occupy a required side or rear yard on properties of less than 25,000 square feet, provided that the shed is a minimum of five feet from any side or rear property line.

Any residential accessory structure greater than 400 square feet shall comply with the required building setbacks for the respective zoning district.

Additional regulations for accessory uses/structures may be found under the regulations for each zoning district.

H3.

Residential Fences, Walls.

Definition. Structures such as fences, and free-standing walls. Zoning permits are not required for replacement of an existing fence in the same location, likeness, and height provided it was legally conforming at the time it was installed.

Regulations.

Fences:

(a)

Any fence located in the front yard shall not be 100% opaque and shall not exceed four (4) feet in height. Wire mesh may be attached to the inside of split rail fences if desired.

(b)

Fences may be located on the side or rear lot line, except along a public street, and may be non-opaque.

(c)

A fence located anywhere except the front yard may have a height of up to six (6) feet.

(d)

A fence of up to eight (8) feet high may be allowed in a rear yard for the sole purpose of enclosing a court for tennis or similar sports. Such fence shall be set back a minimum of 10 feet from the side and rear lot lines.

(e)

Fence enclosures for swimming pools are required to meet the requirements of the Pennsylvania Uniform Construction Code, as amended.

Walls.

(a)

Engineering retaining walls necessary to hold back slopes are exempted from the regulations for this section and are permitted as approved by the Township Engineer.

(b)

Walls may be one foot in height for every two feet they are set back from a property line, up to a maximum height of six (6) feet in the rear or side yard. No wall shall exceed four (4) feet in the front yard.

General regulations for walls and fences.

(a)

Fences and walls shall not be required to comply with accessory structure setbacks.

(b)

Fences or walls shall not be permitted within the Township ultimate right-of-way or PennDOT legal right-of-way, within any clear sight triangle, nor within any easement restricting the placement of structures.

(c)

The onus shall be on the property owner to identify the property line to ensure that there are no non-compliant fence or wall encroachments onto adjoining property.

(d)

In the instance that the property contains a recorded access easement for adjacent lands that may be under different ownership, the location of a fence or wall shall not hinder access to those adjacent lands for maintenance or other purposes in accordance with any recorded easement agreement.

(e)

Structures, such as fences and walls, shall be built, constructed, and/or installed so that the front or "good side" of the structure faces outward from the lot.

H4.

Noncommercial Swimming Pools.

Definition. A noncommercial swimming pool is a recreation facility designed to contain a water depth of 24 inches or more, used or intended to be used for private swimming by the residents and their guests, including, but not limited to, in-ground swimming pools, aboveground swimming pools, wading pools, spas, and hot tubs, and their appurtenant facilities; subject to the following.

Regulations.

A zoning permit shall be required to locate, construct or maintain a swimming pool.

A swimming pool shall not be located between the principal structure on the lot and a right-of-way line. Swimming pools and their appurtenant equipment and facilities, including, but not limited to, pumps, filters, and decks, shall not be located within the required minimum side or rear yard or 15 feet from the side or rear property line, whichever is lesser.

The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

A fence shall be provided in conformance with the Township's Building Code [Chapter 5].

There shall be no cross-connection with a public sewerage system.

The permanent inlet shall be above the overflow level of the pool.

At the time of application for a zoning permit, it shall be demonstrated that the drainage of a pool is adequate and will not interfere with the water supply system, with existing sewage facilities, with public streets and neighboring properties.

No swimming 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.

Self-contained, aboveground hot tubs may be located no closer than two feet from a principal dwelling.

H5.

Sports Court.

Definition. A defined and surfaced outdoor area normally associated with residential uses and used for sport and recreation. Includes courts for tennis, handball, racquetball, basketball, and volleyball; skating rinks; batting cages; and similar outdoor facilities, but excludes pools, pool decking, spas, and driveways used primarily for access to a garage. A sports court may be enclosed by fencing, netting, and/or low walls in accordance with the regulations of this section. It shall not be used for organized sports and recreational activities.

Regulations.

A sports court shall not be located between the principal structure on the lot and a right-of-way line or in the required front yard. A sports court shall not be located within the required minimum side or rear yard or 15 feet from the side or rear property line, whichever is greater. The setback shall be measured from the edge of the court surface.

A sports court may be enclosed by a fence with a maximum height of eight feet and/or a wall with a maximum height of four feet, except a tennis court may be enclosed by a fence with a maximum height of 12 feet.

A sports court shall not be located over underground utilities or the drainage field of a sewage disposal system.

Outdoor lighting of a sports court shall be permitted in accordance with the following:

(a)

Outdoor lighting shall only be permitted on properties 20,000 square feet in lot area or greater.

(b)

The lighting fixtures shall not be placed closer than 50 feet to the nearest property line.

(c)

The lighting fixtures shall not exceed 15 feet in height.

(d)

Outdoor lighting shall only be operated between dusk and 10:00 p.m.

(e)

All lighting fixtures shall be fully shielded and shall be designed, mounted, and aimed so that their beams only fall within the primary playing area and immediate surroundings. There shall be no direct illumination, spillover lighting, or glare beyond the boundary of the lot where the illuminated sports court is located.

H6.

Residential Solar Energy System.

Definition. Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating, or electricity for a residential property that may be mounted on a building or on the ground and is not the primary use of the residential property.

Solar Panels. A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable energy by way of a solar energy system.

Regulations.

This section applies to accessory solar energy systems to be installed and constructed after the effective date of this section, and all applications for solar energy systems on existing structures or property. Solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section, provided that any structural change, upgrade or modification to an existing solar energy system that materially alters the size or placement of the existing solar energy system shall comply with the provisions of this section.

Ground-array solar panels shall be permitted in accordance with the following:

(a)

Ground arrays shall meet the setback requirement for the principal use on the property, provided that no solar panel shall be located closer to the property line than 1.25 times the height of the solar panel.

(b)

Ground arrays shall not be permitted in a front yard.

(c)

Ground arrays shall be located so that any glare or reflection is directed away or is properly buffered from adjoining properties.

(d)

Ground arrays shall not exceed a height of 20 feet.

Roof-mounted solar panels shall be permitted in accordance with the following:

(a)

Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.

(b)

Any roof-mounted solar panels other than those described in Subsection b.3.(a) of this section shall only be permitted as a special exception, in accordance with the following conditions.

Such other roof-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street.

Such other roof-mounted solar panels installed on a building or structure with a sloped roof shall not exceed a height of three feet from the surface of the roof at any point and shall not project vertically above the peak of the roof to which they are attached. Such other roof-mounted solar panels installed on a building or structure with a flat roof shall not project vertically more than five feet above the surface of the roof, not including the parapet, wall, or other projection along the edge of the roof.

(c)

In no event shall the placement of any solar panels result in a total height of the building (including the panels) exceeding 35 feet.

(d)

Roof-mounted solar panels shall be placed so as to prevent reflection and glare to adjacent properties.

Solar energy systems are permitted under this use only as accessory uses to a residential principal use for which the solar energy system is providing energy. Any solar energy systems designed or proposed to primarily sell energy on the open market shall be deemed a G1 Utilities use.

The design of the solar energy system shall conform to applicable industry standards.

On existing construction, a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.

Abandonment and Removal of Solar Energy Systems.

Any solar panel (roof or ground) which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

All structural enclosures accessory to the solar panels shall be completely removed from the property to a place of safe and legal disposal.

The former solar site shall be restored to as natural condition as possible within six months of the removal from the property.

The installation of solar energy systems is subject to all public utility requirements for interconnection with the utility's system, if applicable.

H7.

Residential Wind Energy Systems.

Definition. Wind energy systems accessory to residential uses, including structures, such as a windmill, which convert wind energy to mechanical or electrical energy.

Regulations.

No wind energy system shall exceed 55 feet in height, including all moving and rotating parts, unless a shorter height is required by FAA regulations or the provisions of the airport zones in this chapter. The height of the system shall be measured from the undistributed ground elevation at the base of the device to the highest point of the arc of the blade or to the top of the tower, whichever is greater.

No wind energy system shall be permitted with a design which permits any vane, sail or rotor blade to pass within 10 feet of the ground.

All electrical wiring leading to or from a wind energy system shall be located underground.

Wind energy systems shall not be located in the required front, side, or rear yard setback and shall be set back from every property line a distance not less than 100 feet or three times the height of the system, whichever is greater.

Wind energy systems shall be located no less than 100 feet from overhead utility lines and no less than 300 feet from a street line, unless the building located on the parcel is located closer to the street line than 300 feet, in which case the system shall be located no closer to the street than the facade of the principal dwelling on the property. In no event shall the distance between the street line and the wind energy system be less than 100 feet or three times the height of the system, whichever is greater.

There shall be a maximum of one device per one acre of property on a single parcel or multiple parcels in single ownership.

Wind energy systems shall be a nonobtrusive, nonreflective color, such as white, off-white or gray, or the original factory galvanized steel.

Shadow flicker upon any occupied building on any adjacent property caused by a wind energy system located within 1,000 feet of the occupied building shall not exceed 10 hours per year.

(a)

Noise and/or shadow flicker provisions may not be applicable if the following conditions are met:

The applicant and affected property owner(s) sign an agreement that allows the noise and/or flicker to exceed the above-noted requirements.

The written agreement shall state the Zoning Ordinance requirements, indicating in what respect(s) the system does not comply with requirements, and shall state the maximum limit the noise and/or flicker may be above the zoning requirement.

Any such agreement shall be recorded with the Bucks County Recorder of Deeds and shall run with the land.

The agreement shall note that it cannot be modified without the written approval of the Township.

Wind systems shall not interfere with the reception of any radio, television or other communication equipment nor inhibit solar access to adjacent properties.

10.

No artificial lighting (unless required by the FAA), signage (with the exception of warning signage at the base of the tower), or any forms of advertising shall be utilized or attached to the wind system.

11.

Minimum lot area: one acre.

12.

No wind energy system shall be permitted in any open space that has been set aside as part of a development, whether owned by a single owner or a homeowners' association, nor shall a wind energy system be permitted on any property preserved through a Township, county, state, or federal conservancy preservation program.

13.

Each proposed wind energy system shall be designed and engineered to provide for safe operation. Detailed plans shall be submitted with the zoning permit application. The engineering studies shall demonstrate to the satisfaction of the Township that the system shall be structurally sound and operate safely and in compliance with the requirements of this section, the Pennsylvania UCC, and any other applicable state and federal statutes, rules, and regulations.

14.

The power generated by a wind energy system shall not be sold to any other person or entity except the energy utility designated to serve the property. Use of the power generated by the wind energy system shall be limited to the lot on which the system is located.

15.

A hazard warning sign, a minimum of two feet by two feet in size, shall be posted near ground level at the base of the wind energy system. There shall be no other signs or advertising on the system.

16.

Within six months of the time that the use of the wind energy system is discontinued, the system shall be dismantled and removed from the property.

H8.

Satellite Antennas.

Definition. Satellite antennas shall be subject to the following restrictions:

Regulations.

A satellite antenna shall not be located within the required front yard setback and shall not be placed in front of a dwelling.

A satellite antenna shall comply with the setback requirements of an accessory use, but shall not be setback from property line a distance less than 1.25 times the height of the antenna structure.

No satellite antenna shall be placed on the roof of a structure in a residential district.

A maximum of one satellite antenna shall be permitted on any lot.

A satellite antenna shall have a maximum diameter of 11 feet.

A satellite antenna shall have a maximum possible height of 15 feet above the average ground level.

Any satellite antenna that is ground mounted shall be screened by appropriate evergreen plantings on approximately 180° of the 360° horizontally surrounding the satellite antenna. Such evergreens shall be six feet high at the time of planting.

If a satellite antenna is to be located a minimum of 200 feet from all exterior lot lines, the requirements of this section, other than the height requirements shall not be binding.

Satellite antenna on mobile stands are prohibited except as may be initially needed to determine the best location for an antenna.

10.

No satellite antenna provided for under this section shall be used for the transmission of commercial electronic signals within the residential districts.

11.

Any satellite antenna shall be properly secured so that it will be resistant to high winds.

H9.

Amateur Radio Antenna.

Definition. An amateur radio antenna shall be subject to the following regulations.

Regulations.

Height. No amateur radio antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 50 feet.

Anchoring. Any amateur radio antenna shall be properly anchored to resist high winds.

Location. An amateur radio antenna that is not attached to the principal building shall be located no less than 1.25 times the height of the structure from any property line. Also the same requirements as Subsection H8.b.1 shall apply.

H10.

Air Conditioner.

Definition. Air conditioners shall be subject to the following regulations.

Regulations.

Shall comply with the noise limitations of this chapter.

H11.

Recreational and Other Vehicle Storage.

Definition. A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units include, but are not limited to, the following: travel trailers, truck-mounted campers, coaches, motorized homes, folding tent campers, automobiles, busses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers and utility trailers.

Regulations.

Recreational vehicles or units shall not be stored in the front yard setback. Any more than two recreational or other vehicle storage items shall be considered Use L2 Outside Storage.

Recreational vehicles or other vehicle storage may be permitted as an accessory use of non-residential lots, single-family detached dwellings and two-family attached dwellings.

H12.

Garage or Yard Sales.

Definition. The temporary display and sale of goods and craft items on residentially used property.

Regulations.

Such temporary uses shall be limited to occurrences of not more than three consecutive days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day period between such occurrences.

Signs advertising garage or yard sales shall be limited to 12 square feet in size. Such signs shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than three off-premises signs shall be placed. The location of off-premises signs must be approved by the property owners of the properties upon which they are to be fixed.

H13.

Household Pets.

Definition. The keeping of a limited number of domesticated animals, commonly kept inside a residence, as household pets, at home without commercial intent.

Regulations.

No use shall involve the keeping of household pets in such a manner that it creates a nuisance (including noise or smell), a health hazard, and/or a safety hazard. All pets shall be contained, corralled, fenced, or otherwise physically kept upon their owner's property. Pets shall not roam off of their home property unattended and/or not on a leash or lead.

.No more than six, in total, dogs, cats, pot-bellied pigs, and/or other pets (not including pets kept within cages in a house, pigeons, fowl, or fish) may be kept for private purposes. No numerical restriction shall apply to pets of less than three months of age.

Any outside area in which pets are kept shall be suitably enclosed if the pets are not tethered or otherwise physically restrained. This area shall not be within the front yard and shall be located at least 20 feet from any dwelling on a neighboring property.

Up to a total of 12 pigeons or other fowl may be maintained in a rear yard, provided it is on a noncommercial basis and is strictly an incidental use. The area in which the fowl or pigeons are kept shall be enclosed by a fence that will contain them, all parts of which are at least 50 feet from any lot line and are not closer than 100 feet to the nearest dwelling other than that of the owner. The keeping of roosters shall be prohibited on lots less than three acres in size. The keeping of more than 12 pigeons or fowl shall be considered to be General Farming (Use A1) or Intensive Agriculture (Use A4), whichever is most applicable.

The keeping of more than six, in total, dogs, cats, pot-bellied pigs, and/or other pets (not including pets kept within cages in a house, pigeons, fowl, or fish) shall be considered to be a Commercial Kennel (Use A9).

H14.

Accessory Dwelling.

Definition. A single-family detached dwelling used as a residence by relatives, tenant farmers or employees of a farm or estate.

Regulations.

All dimensional requirements of the zoning district applicable to principal buildings shall be observed, including, but not limited to, setback requirements and maximum building coverage.

A separate permit shall be obtained from the Bucks County Department of Health for the sanitary waste disposal system if an on-site system is proposed for the accessory dwelling.

Only one accessory dwelling shall be allowed for each lot or parcel of land.

An accessory dwelling shall be allowed only a lot or a parcel of land on which the principal use is B1 Single-Family Detached Dwelling.

An accessory dwelling shall be allowed only a lot or a parcel of land which is twice the minimum lot area requirement of the zoning district.

H15.

Home Occupation.

Definition. A use for occupational gain conducted entirely within a dwelling or in a building accessory thereto that is clearly incidental and secondary to the use of the building for dwelling purposes.

Regulations.

A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors.

The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. The ground floor area of the principal residential structure shall not include the area of an attached garage or other similar building. At least 850 square feet of the total floor area must remain in residential use.

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.

One sign is permitted per home occupation providing that it is no larger than three square feet per side bearing only the name, occupation and office hours of the practitioner. In addition, it shall not be illuminated or placed in a window.

All commercial vehicles shall be parked on-lot in a garage or an enclosed structure. Only one commercial vehicle may be parked on a residential lot.

Off-street parking spaces are not permitted in the front yards. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge material as specified in § 27-2802.b.4 shall be placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation and no goods shall be publicly displayed.

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detachable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off the premises.

Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, antique shops, tourist homes, restaurants and rooming-boarding-lodging houses.

10.

A zoning permit shall be required for all home occupations.

11.

No-impact home-based businesses are permitted in all residential zoning districts, as a use permitted by right, subject to §§ 107 and 603 of the Pennsylvania Municipalities Planning Code, as amended. All other home occupations as currently defined in this chapter shall comply with this section, the Use Regulations of the individual districts, and § 27-306, Land Uses by Zoning District.

Specific Use Standards.

Specific Use Standards. The following shall apply to specific types of accessory home occupations.

H15a.

Professional Offices. A professional office is a service oriented business use conducted within an enclosed area specifically designed for the functional needs of the use, wherein the professional services of the practitioner is the salable commodity offered to the client.

Professional offices shall include, but not be limited to, the following:

Salesmen, sales representative or manufacturer's representative.

Architect, engineer or land surveyor.

Real estate agent, realtor or broker.

Dentist, doctor, psychiatrist or veterinarian (not including a clinic).

Lawyer, accountant or insurance agent.

Office of a minister, rabbi or priest.

No more than two persons other than resident members of the immediate family may be employed.

The minimum lot area shall be two acres except in the C1 and VR district where it shall be permitted in any detached structure on lots of 10,000 square feet or larger.

H15b.

Personal Services. A service business shall include, but not be limited to, barbers, beauticians or photographers.

Beauty parlors and barber shops may be permitted as a conditional use provided no more than two beauty parlor or barber chairs are provided.

No more than one person, other than resident members of the immediate family, may be employed.

The minimum site area shall be two acres, except in the C1 and VR districts where it shall be permitted in any detached structure on lots of 10,000 square feet or larger.

H15c.

Instructional Services. An instructional service shall be a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation shall not require a room or series of rooms specifically designed for that purpose.

Instructional services involving a maximum of four students at a time are permitted.

Instructional services involving musical instruments are only permitted in single-family detached dwellings.

No persons shall be employed other than resident members of the immediate family.

H15d.

Home Crafts. Home crafts shall include business activities whereby the commodity for sale is manufactured and may be sold on the site by the resident craftsman.

Home crafts shall include, but not be limited to, the following: artists, sculptors, dressmakers, seamstresses and tailors; and include such activities as model making, rug weaving, lapidary work and furniture making.

Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot.

No more than one person other than resident members of the immediate family may be employed.

H15e.

Trades, Business. This shall be defined as the use of a residence as a base of operation for the business, but not including the conduct of any phase of the trade on the property. Trades included in this home occupation include, but are not limited to: electrician, plumber, carpenter, mason, painter, roofer and similar occupations.

No more than one business vehicle may be parked on the property including noncommercial trucks and vans with loading capacities not exceeding 3/4 (0.75) ton. The business vehicle shall be parked in an enclosed structure.

The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection H15.b.3 above.

No assembling, manufacturing, processing or sales shall be conducted on the property.

The buffer requirements of this chapter shall be met.

H15f.

Repair Services. This use shall be defined as a repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines or goods. This use shall not include automobile, truck and motorcycle repairs.

No additional people other than resident members of the immediate family may be employed.

The buffer requirements of this chapter shall be met.

In addition to the off-street parking spaces required in this chapter for the particular residential use concerned, this accessory use shall provide one off-street space for the home occupation.

H15g.

Family Day Care. This shall be defined as a family day-care use, and is a facility in which care is provided for one or more children, but no more than six children at any one time, who are not relatives of the caregiver and where the child care areas are being used as a family residence.

Licensing, Approval and Permit Procedures. Prior to the final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services manual by this Department to the Applicant subject to licensure under Article X of the Public Welfare Code.

This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface or parking areas used for other purposes.

Family day-care uses are only permitted as an accessory use in a detached dwelling.

If a family day-care use is located adjacent to a nonresidential use, a parking lot or on a street classification higher than a residential access street, the outdoor play area must be enclosed by a four-foot high fence. The outdoor play area should be located to the side or rear of the property.

No more than one person other than resident members of the immediate family may be employed.

The buffer requirements of this chapter shall be met.

The use, by special exception, may be expanded to a Group Day-Care Home which is a facility in which care is provided for more than six but no more than 11 children. The following criteria shall be met:

All standards noted above for family day-care uses shall be met.

The regulations of the Pennsylvania Department of Welfare shall be met.

Such uses shall be permitted only in single-family detached dwellings or in an accessory building on the same lot.

Minimum lot area: two acres.

H16.

Short-Term Rental.

Definition. The renting out of one or more rooms in conjunction with a single-family detached dwelling on a short-term basis, usually through websites such as Airbnb^® or VRBO^®. This Short-Term Rental Use is allowed subject to the requirements for a B1 Single-Family Detached Dwelling Use and the provisions listed below.

Standards.

Accessory Use. This Short-Term Rental Use shall be accessory only to a B1 Single-Family Detached Dwelling Use and shall be allowed only where:

(a)

The B1 single-family detached dwelling is the principal building on the property and is used by its owner(s) as his/her/their primary residence.

(b)

The room(s) offered for rent shall be within a principal building that meets all of the requirements of the Township's Building Code and the Pennsylvania Uniform Construction Code for residential occupancy. No rooms or areas in temporary structures shall be rented under this use.

(c)

The owner of the single-family detached dwelling must be present overnight on the same property as the dwelling during the course of the short-term rental.

(d)

The rental period for a specific occupant(s) shall be less than 15 consecutive nights and less than a total of 50 nights a year.

(e)

The total rental period for the property shall be no more than 24 separate rentals a year and no more than a total of 150 nights a year.

(f)

The entire principal dwelling shall not be rented out as a short-term rental.

(g)

Any type of food preparation by the owner or any agent or employee of the owner for any short-term renter(s) or in conjunction with the Short Term Rental Use is prohibited.

The number of bedrooms that can be rented out at any one time shall be as follows:

(a)

In the SR-1, RR, and VR Zoning Districts: one.

(b)

In the SR-2 Zoning District: two.

(c)

In the WS Zoning District:

On lots one acre and smaller: two.

On lots between one and five acres: three.

On lots five acres and greater: four.

Parking. One off-street parking space per bedroom being rented out shall be provided on the same lot as this use. Such spaces shall be in addition to any other parking requirements applicable to the other uses being conducted upon the lot. Each space shall be at least nine feet by 18 feet in size; improved to a mud-free condition; and freely accessible to a public street without having to move other vehicle(s) or backing into the street.

The owner shall be responsible for any zoning or other ordinance violation(s) committed by any short-term tenant, in addition to the tenant's liability.

Any signage and/or advertisement upon the property indicating the use of the property as a short-term rental shall be prohibited.

Application and Permit. The following shall be complied with concerning the application for and issuance of a zoning permit for this accessory use:

Contact information for the owner in case of emergencies or violations shall be provided with the application.

Along with the permit application, the owner/applicant shall provide proof of the applicant's ownership of and permanent residence at the property that is the subject of the application. Acceptable proof of permanent residence includes: applicant's driver's license, voter registration, or any other document(s) showing the address of the property which the Zoning Officer determines provide equivalent proof of permanent residence.

A zoning permit for this use shall only last one year. The owner/applicant is responsible for renewing this permit in a timely fashion.

A zoning permit for this use may be revoked by the Township for any of the reasons listed below. An owner/applicant whose short-term rental zoning permit has been revoked pursuant to this subsection shall not be eligible to receive a new zoning permit for this use for one year.

(a)

The owner is cited for three or more zoning, other Township ordinance, and/or criminal violations by the Township, Township Police, and/or State Police within any twelve-month period.

(b)

The owner is cited by the Township for any single violation of any specific regulation of this H16 Use.

Office Uses.

I1.

Medical Office.

Definition. Office or clinic, including laboratories incidental thereto, for medical or dental examination or treatment of persons as out-patients.

Regulations.

The buffer requirements of this chapter shall be met.

A lot or structure being occupied by this use may contain multiple separate tenants, users, offices, or businesses all operating as an I1, I3, or I4 Use and still be considered one principal use, so long as all of the other applicable requirements of this chapter are met.

I2.

Veterinary Office.

Definition. Office of a veterinarian with accessory animal kennel. In no event shall kennels be allowed as a primary use.

Regulations.

No animal shelter, kennels or runs shall be located closer than 200 feet from any lot line.

The buffer requirements of this chapter shall be met.

I3.

General Office.

Definition. Business, professional or governmental office other than Uses I1 and I2.

Regulations.

The buffer requirements of this chapter shall be met.

I4.

Medical and Pharmaceutical Sales Office.

Definition. An office for the professional sales staff of firms engaged in the sale of medical equipment and supplies and Pharmaceuticals.

Regulations.

The buffer requirements of this chapter shall be met.

Retail and Service Uses.

J1.

Retail Store.

Definition. A shop or store selling commodities and goods to the ultimate consumer. Not included under this use are vehicular sales, over-the-counter sale of alcoholic beverages in a tavern or bar, or a store with greater than 15 square feet of floor area devoted to the display of pornographic materials. A pharmacy is considered incidental to retail use if located within the same building.

Regulations.

The buffer requirements of this chapter shall be met.

J2.

Adult Commercial/Adult Entertainment. Any adult or sexually oriented business, including any business establishment that regularly features live performances, which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person, or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult commercial/adult entertainment may include an adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, or adult visual materials or video store as defined in this section. Adult commercial/adult entertainment also includes any other use or business, regardless of how named or advertised, which is of a character like or similar to the uses and businesses described herein.

The following definitions shall apply to use J2 Adult Commercial/Adult Entertainment:

ADULT ARCADE

Any place in which the public is or private members are permitted or invited, whether open and accessible to the general public, or if limited by membership, and regardless of entry fee, or lack thereof, or other restriction or regulation, wherein coin-operated or slab-operated or electronically, electrically, or mechanically controlled still or motion picture, or video machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE

An establishment having as a substantial, significant, or preponderant portion of its stock in matter which are distinguished or characterized by their emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

ADULT CABARET

A building, or portion thereof, or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; pubic areas; buttocks; or the female breast with only the nipple or areola covered, or any combination thereof, for observation by patrons or customers. Persons in a state of nudity, either full body or half-body nudity, shall at no time be closer than five feet to a patron. For the purpose of this section half-body nudity shall be defined as a person without clothes on the bottom half of his or her body, or with no clothes, or only the nipple or areola covered, on the top half or his or her body.

ADULT MOTION-PICTURE THEATER

A building or portion thereof or area, open or enclosed, used for the presentation on more than one-third of the days in a calendar year during which motion-picture films, video cassettes, cable television or any other such visual media are displayed or exhibited, of films, videocassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as hereinafter defined for observation by patrons or customers. "Adult motion-picture theater" does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a video cassette playing machine or cable television.

ADULT VISUAL MATERIALS OR VIDEO STORE

A building or portion thereof used by an establishment having not less than 10% of its actual display area devoted to; or stock in trade for sale or rental to the public or any segment thereof consisting of books, magazines, other publications, films, video cassettes, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON

The dominant or essential theme of the object described by such phrase.

REGULAR FEATURES

With respect to an adult business means a regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display or specified anatomical areas or specified sexual activity on four or more occasions within a calendar year shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SPECIFIED ANATOMICAL AREAS

Any of the following: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; (c) Any device, costume or covering that simulates any of the body part included in (a) or (b) above.

SPECIFIED SEXUAL ACTIVITIES

Any of the following whether performed directly or indirectly through clothing or other coverings: (a) Human genitals in a state of sexual stimulation or arousal; (b) Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy; and (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; (d) Masturbation, actual or simulated; and (e) Excretory functions as part of or in a connection with any of the other activities described in (a) through (d) above.

The building or structure of such use shall be located no less than 500 feet from any residential zoning district. The five-hundred-foot separation distance shall be measured from the nearest property boundary of the two uses being measured for this locational restriction.

No such use shall be located within 2,000 feet of a similar use.

No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult use.

No adult commercial/adult entertainment use shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment, or from any other part of a multi-use building not permitted and designed for use as an adult commercial/adult entertainment facility. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

All off-street parking areas and premises entries of the adult commercial/adult entertainment use shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the adult commercial/adult entertainment use for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

All parking areas must be located in front of the building.

Such use shall only be operated between the hours of 9:00 a.m. to 1:00 a.m. (either on the eastern standard or daylight saving time system). Extended hours of operation may be approved by the Board of Supervisors upon submission of a written request by the applicant/owner of the facility. The Board of Supervisors shall take into consideration the type of facility, amount of usage, and impact on adjoining properties when reviewing such requests.

An adult commercial/adult entertainment use shall not include the following:

Any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

Any activity conducted by a person pursuant to any license issued by the State of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency.

Minimum parking requirement: One space for each 100 square feet of floor area.

J3.

Service Business.

Definition. Service business including, but not limited to, barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency and photocopy center. This use shall not include auto repair.

Regulations.

The buffer requirements of this chapter shall be met.

J4.

Financial Establishments.

Definition. Bank, savings and loan association, credit union or other financial establishment.

Regulations.

Such uses with drive-up service windows shall have a vehicle waiting line area for at least six vehicles. The waiting line area shall be separated from other circulation lanes.

The buffer requirements of this chapter shall be met.

J5.

Funeral Home or Mortuary.

Definition. An establishment for the preparation of the deceased for burial or cremation and the display of the deceased, with ceremonies connected therewith before burial or cremation.

Regulations.

The buffer requirements of this chapter shall be met.

J6.

Eating Place.

Definition. Eating place for the sale and consumption of food and beverages without drive-in service. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

Regulations.

The buffer requirements of this chapter shall be met.

J7.

Drive-In and Other Eating Places.

Definition. Place for the consumption of food and nonalcoholic beverages other than Use J6 Eating Place.

Regulations.

All trash containers shall be screened.

Up to two outdoor menu boards may be provided with a maximum sign area each of 20 square feet and no printing larger than 10 inches high (in addition to the signs normally permitted) if drive-up service is provided to customers in their vehicles.

The buffer requirements of this chapter shall be met.

J8.

Tavern.

Definition. An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

Regulations.

The buffer requirements of Chapter 28 of this chapter shall be met.

J9.

Indoor Entertainment.

Definition. Private club or a recreation facility operated as a gainful business. Examples include, but are not limited to, a social club, bowling alley and skating rink. This use shall not include theaters, amusement halls, billiard parlors or indoor athletic clubs.

Regulations.

The buffer requirements of this chapter shall be met.

No lighting shall be permitted which shines on nearby residential property.

J10.

Theater.

Definition. A building in which films are shown or stage shows are performed, regardless of the type of film or program presented. This use does not include open air, outdoor, or drive-in theaters, or any type of activity that falls under the J2 Adult Commercial/Adult Entertainment use.

The buffer requirements of this chapter shall be met.

J11.

Indoor Athletic Club.

Definition. An indoor athletic club shall include buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball and volleyball; facilities for exercise equipment and health clubs.

Regulations.

The buffer requirements of this chapter shall be met.

J12.

Amusement Hall or Arcade.

Definition. An entertainment facility operated as a gainful business within a building or structure providing amusement devices or games, including pool or billiard rooms or similar facilities.

Regulations.

An amusement device or game is defined to be each coin-operated machine, mechanical machine or electronic machine which operates or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be governed by this use in any location where more than four such devices are located.

This use shall be located no closer than 1,500 feet, measured in all directions, to a school or church.

Such use shall only be operated between the hours of 10:00 a.m. and 10:00 p.m.

No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.

The buffer requirements of this chapter shall be met.

J13.

Outdoor Entertainment.

Definition. Outdoor entertainment and recreation facilities operated as a gainful business including, but not limited to, miniature golf, an outdoor skating rink, a golf driving range or an outdoor target range/gun club.

Regulations.

The buffer requirements of this chapter shall be met.

Lighting facilities provided shall be arranged in a manner which will protect highway and neighboring properties from direct glare or hazardous interference.

Where an outdoor target range/gun club is established:

(a)

All outdoor target ranges shall have an earthen barrier behind the target area which is of sufficient height and thickness to adequately provide for the public safety.

(b)

The use shall comply with National Rifle Association standards and other applicable federal, state and local regulations.

(c)

The use shall be located a minimum of 1,000 feet from the lot line of any existing residential use or residential district.

(d)

The use shall fully comply with the noise standards of this chapter.

(e)

The use shall clearly not result in a hazard to life or property.

(f)

The use shall be completely fenced in and be properly posted.

J14.

Outdoor Motion Picture Establishment.

Definition. An open lot with its appurtenant facilities used for the showing of motion pictures, theatrical productions or concerts on a paid admission basis to patrons seated in automobiles.

Regulations.

Such uses shall have frontage on an arterial or collector highway and all access shall be taken from the arterial or collector highway. The applicant shall provide an analysis of the physical conditions of the road system at the proposed points of access. Improvements to insure safe turning movements and traffic safety shall be provided by the applicant as required by the Board of Supervisors. The applicant shall provide sufficient vehicle stacking area or marginal access road to ensure that entering vehicles will be able to pull off the road.

The motion picture screen shall be no closer to any property line than 1 1/4 (1.25) times the height of the picture screen or the minimum yard requirements of the zoning district, whichever setback is greater.

The motion picture screen shall not be oriented towards the arterial or a collector highway.

The applicant shall provide a plan for buffering in accordance with Part 28 and shall meet the following standards:

(a)

Along an adjacent property line that is zoned or used for residential purposes, buffering shall be in accordance with the following:

A six-foot solid wooden fence within the exterior 50 feet of the buffer yard and one deciduous tree, 1 1/2 inch caliper minimum, at an average of one tree per 40 linear feet of buffer plus one evergreen tree, three-foot minimum height, at an average of one tree per 20 linear feet of buffer. The trees shall be placed between the fence and the property line;

A five-foot berm planted on top as in Subsection b.4.(a) above;

One deciduous tree, 1 1/2 inch caliper minimum, at an average of one tree per 40 linear feet of buffer, plus one evergreen tree, three-foot minimum height, at an average of one tree per 20 linear feet of buffer, plus one deciduous shrub, three-foot minimum height, per four linear feet of buffer.

J15.

Motel-Hotel.

Definition. Motel, hotel; a building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.

Regulations.

The buffer requirements of this chapter shall be met.

Motels and hotels may include accessory restaurant facilities, conference facilities, meeting rooms and tavern facilities. In addition to the parking requirements of this chapter, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.

A hotel or motel shall serve only temporary guests. A use that is routinely inhabited by any persons for periods longer than 30 days shall be considered a boarding house and regulated as such.

Access. The site must have direct access onto either an arterial or a nonresidential street that intersects with an arterial street.

Fire Protection.

(a)

Every building must have a complete sprinkler system, be supplied with smoke detectors and have automatic and manual fire alarm systems. No Motel or Hotel may be within 200 feet of any other primary building. All buildings shall be of fire-resistant construction. All fire lanes and driveways shall be at least 30 feet in width and be constructed so as to handle fire equipment of up to 20 tons in all types of weather. Fire hydrants shall be supplied so that no hose line from any pumper is in excess of 100 feet.

J16.

Guest House.

Definition. The use and occupancy of a detached residential dwelling for the accommodation of transient guests.

Regulations.

No more than eight guest rooms may be provided. No more than two adults and two children may occupy one guest room.

The minimum lot area for the guest house use shall be three acres.

The buffer requirements of this chapter shall be met.

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

One bath facility shall be provided for every two public guest rooms.

No external alterations, additions or character defining 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 another governmental agency.

The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to three in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room.

The maximum, uninterrupted length of stay at a guest house shall be 14 days.

10.

The use of any amenities provided by the guest house such as a swimming pool or tennis courts shall be restricted in use to the guests of the establishment.

11.

The use may not be established until there is compliance with the other Township rules and regulations. In addition to original compliance, the guest house will be periodically inspected by the Fire Marshal for compliance with all Township safety standards, including, but not limited to, the Township Fire Code.

J17.

Repair Shop.

Definition. Repair shop for items including, but not limited to, appliances, lawn mowers, watches, guns, bicycles, locks, small business machines: but not including automobiles, motor cycles, trucks, trailers and other heavy equipment.

Regulations.

The buffer requirements of this chapter shall be met.

The minimum lot area for lawn mower repair shall be two acres.

J18.

Laundry.

Definition. An establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for laundering or dry cleaning purposes: or a clothes cleaning and pressing pick-up point, or a clothes dry cleaning and pressing establishment.

Regulations.

The buffer requirements of this chapter shall be met.

All state and federal requirements for chemical waste disposal shall be met.

J19.

Service Station or Car-Wash.

Definition. The retail sale of vehicular fuels and/or a car-washing facility; and including as accessory uses the sale and installation of lubricants, tires, batteries and similar accessories and/or the sale of groceries and similar convenience-type products.

Regulations.

Minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.

The sale of convenience-type products shall be limited to a maximum floor area of 2,000 square feet.

Access to roads shall be at least 200 feet from the intersection of any streets.

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

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

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

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

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

Lubrication, oil changes, tire changes and repairs are permitted if performed entirely within the principle building.

10.

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

11.

Junk vehicles may not be stored in the open at any time.

12.

There shall be an ability for a minimum of four vehicles to be serviced at each cluster of gasoline pumps or to be lined up behind cars being serviced, without obstruction of access into or out of the use.

13.

Where a car wash is present:

(a)

On-lot traffic circulation channels and parking areas shall be clearly marked.

(b)

Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers.

(c)

Water from the car wash operation shall not flow onto sidewalks or streets.

(d)

Any car wash that is located within 200 feet of an existing residence shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

(e)

Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

(f)

Approval shall be secured from the Pennsylvania State Police Fire Marshal for the underground storage of fuel. The Pennsylvania State Police Fire Marshal shall be contacted if fuel tanks are temporarily or permanently abandoned.

(g)

The buffer requirements of this chapter shall be met.

J20.

Automobile Sales.

Definition. Sale of automobiles by a duly franchised new car dealership, or a used car dealership. Car, truck, trailer, cycle and boat rental facility including repair work conducted as an accessory use.

Regulations.

Minimum lot area: two acres.

The buffer requirements of this chapter shall be met.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

J21.

Automobile Repair.

Definition. Automobile repair garage, including paint spraying and body and fender work, provided that all repair and paint work is performed within an enclosed building.

Regulations.

All automobile parts, refuse and similar articles shall be stored within a building or enclosed area.

Vehicles awaiting repairs and junk vehicles may not be stored outdoors more than five days.

The buffer requirements of this chapter shall be met.

J22.

Automobile Accessories.

Definition. Sale and/or installation of automotive accessories, parts, tires, batteries and other supplies. Installation and storage of parts shall be in an enclosed structure.

Regulations.

The buffer requirements of this chapter shall be met.

Customers or patrons may not conduct repairs on store premises.

J23.

Truck and Farm Equipment Sales.

Definition. Truck, heavy equipment and farm equipment repair and sales.

Regulations.

The buffer requirements of this chapter shall be met.

J24.

Shopping Center.

Definition. A shopping center which is planned and designed as a complex of related structures and circulation patterns.

Regulations.

In a shopping center, the following uses shall be permitted:

(a)

Retail shops and stores selling apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationary, tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, greenhouses and fabrics, provided all products produced on the premises are sold on the premises at retail. Also included within this use shall be the sale of soft drinks and beer. However, not included within this use is a bar, tavern or tap-room, the principal business of which is the sale of alcoholic beverages. Also excluded are all slot machines, gaming devices and coin operated amusement devices.

(b)

Service business including barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer and travel agency.

(c)

Financial Establishment: Bank, savings and loan association, credit union and other financial establishment.

(d)

Restaurant or eating place for the sale and consumption of food and beverages. The sale of alcoholic beverages must be incidental to the sale and consumption of food. Drive-in facilities shall be permitted provided there is a vehicle waiting lane for at least six vehicles. The waiting lane shall be separated from other circulation lanes.

(e)

Automotive Accessories: Sale of automotive accessories, parts, tires, batteries and other supplies. Installation of parts shall be in an enclosed structure and may be a separate structure.

(f)

Entertainment: Indoor movie theater and indoor entertainment.

(g)

Motel-Hotel: A building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.

(h)

Medical Office: Office or clinic including laboratories incidental thereto, for medical or dental examination or treatment of persons as out-patients.

(i)

Office: Business, professional, governmental or municipal services.

(j)

Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the Zoning Hearing Board, provided that such use shall be permitted subject to such reasonable restrictions as the Board may determine.

Buffer yard areas shall be provided and planted along all street front-ages and around the perimeter of the shopping center development that adjoins adjacent properties. Along street frontages and adjoining properties in nonresidential zoning districts, a minimum buffer of 30 feet shall be required. Along property lines of adjoining properties in residential zoning districts a fifty-foot buffer is required. A planting area at least 15 feet wide shall be provided on either side of all entrances to the mall separating the entrance drives from the parking areas.

Outdoor storage and displays shall conform to the provisions of § 27-305.L2.

The distance at the closest point, between any two buildings or groups of units of attached buildings, shall be not less than 20 feet.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

Dimensional Requirements.

(a)

Minimum lot area: eight acres.

(b)

Minimum setbacks from property lines:

Front yard: 75 feet.

Rear yard: 50 feet.

Side yard: 50 feet.

(c)

Minimum lot width: 250 feet.

(d)

Maximum height of buildings: 35 feet.

(e)

Maximum building coverage: 35%.

(f)

Maximum impervious surface ratio: 65%.

(g)

Minimum lease area: 1,200 square feet per use, with an average of 1,600 square feet per use.

J25.

Self-Storage. Warehouse/storage units/areas provided under month-to-month leases to the general public for the purpose of storage of articles commonly associated with residential and commercial properties; where such articles remain in the care, custody, and control of the lessee. Does not include data storage centers. Mini-warehouses and warehouse buildings may occupy the same site, so long as all of the regulations for both types of storage are met.

Mini-Warehouse. Storage units contained in single-story structures that are only accessible from the exterior.

Dimensional Requirements.

(a)

Minimum lot area: five acres.

(b)

Minimum setbacks from property lines:

Front yard: 75 feet.

Rear yard: 50 feet.

Side yard: 50 feet.

(c)

Minimum lot width: 150 feet.

(d)

Maximum height of storage units: 12 feet.

(e)

Maximum height of other buildings: 35 feet.

(f)

Maximum building coverage ratio: 30%.

(g)

Maximum impervious surface ratio: 55%.

Minimum aisle width between buildings shall be 26 feet.

The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township. The Township Police Department and the fire company providing fire coverage to the site shall be provided with the key/combination/code/etc. necessary to open any gate or entrance to the site.

Buffers shall be provided in accordance with Part 28 of this chapter.

One office, no larger than 2,000 square feet, is permitted as an accessory use. Retail sales of storage- and moving-related products (locks, boxes, tape, labels, moving supplies, etc.) are allowed within the office area.

One dwelling unit, no larger than 1,000 square feet, is permitted as an accessory use to provide for a full-time caretaker.

Each structure shall not exceed 10,000 square feet in size. Multiple structures are allowed on the site as a part of this use.

Minimum Requirements for Lease Restrictions.

(a)

No business activities other than leasing of storage units and related retail sales shall be permitted.

(b)

No explosive, toxic, radioactive, or highly flammable materials shall be stored on the property. Bulk storage of chemicals is prohibited.

(c)

Stored items shall not leak any fluids; create any dust, odors, or noise; attract vermin; or create any other type of nuisance.

Warehouse Buildings. Storage units contained in a single structure that are predominantly accessible from the interior. May be climate-controlled.

Dimensional Requirements.

(a)

Minimum lot area: five acres.

(b)

Minimum setbacks from property lines:

Front yard: 75 feet; 100 feet for 3+ story buildings.

Rear yard: 50 feet; 75 feet for 3+ story buildings.

Side yard: 50 feet.

(c)

Minimum lot width: 200 feet.

(d)

Maximum building height: 35 feet.

(e)

Maximum building coverage ratio: 30%.

(f)

Maximum impervious surface ratio: 55%.

Minimum spacing between buildings shall be 50 feet. Minimum aisle width between storage units within buildings shall be five feet.

If any storage units are directly accessible from the exterior of a building, the storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township. The Township Police Department and the fire company providing fire coverage to the site shall be provided with the key/combination/code/etc. necessary to open any gate or entrance to the site.

Buffers shall be provided in accordance with Part 28 of this chapter.

One dwelling unit, no larger than 1,000 square feet, is permitted as an accessory use to provide for a full-time caretaker.

Each structure shall not have a building footprint in excess of 75,000 square feet and shall not contain more than 200,000 square feet of floor area. Multiple structures are allowed on the site as a part of this use.

Minimum Requirements for Lease Restrictions.

(a)

No business activities other than leasing of storage units and related retail sales shall be permitted.

(b)

No explosive, toxic, radioactive, or highly flammable materials shall be stored on the property. Bulk storage of chemicals is prohibited.

(c)

Stored items shall not leak any fluids; create any dust, odors, or noise; attract vermin; or create any other type of nuisance.

Elevation plans/architectural renderings of warehouse buildings shall be provided to the Township for review and comment.

Exterior Storage. Storage of boats, vehicles, and equipment outside of a unit or building. This is an accessory use and can only be done in conjunction with either or both of the above mini-warehouse or warehouse building activities.

Such exterior storage must be within a fully fenced area. The fencing must be eight feet tall and must provide a solid visual screen of a type approved by the Township to screen the stored items from any adjacent street or neighboring property. In addition, the exterior of the fence shall be landscaped with evergreens planted every 10 feet to 20 feet on center along the fence perimeter, depending upon the species of evergreen as determined by the Township Engineer. The Township Police Department and the fire company providing fire coverage to the site shall be provided with the key/combination/code/etc. necessary to access any exterior storage areas on the site.

The area of exterior storage shall be limited to 10% of the floor space of the indoor storage areas on the site.

The area of exterior storage shall meet the minimum setbacks for the principal use on the site.

Stored items shall not interfere with traffic movement through the site.

Stored items shall not leak any fluids; create any dust, odors, or noise; attract vermin; or create any other type of nuisance.

Stored items in a state of disrepair shall be fully concealed by a tarp or similar opaque covering.

J26.

Dwelling in Combination.

Definition. An accessory dwelling unit that is clearly subordinate to an institutional, commercial, consumer service or office use.

Regulations.

Where permitted, a dwelling in combination may be used as an accessory use with an institutional, commercial, consumer service or office use that is permitted within the applicable district. Where permitted, a dwelling in combination may be used as an accessory use with a nonconforming institutional, commercial, consumer service or office use under the requirements of this chapter.

The buffer requirements of this chapter shall be met.

In addition to the requirements for the principal use, the minimum floor area, minimum lot area and minimum off-street parking requirements of this chapter for accessory dwelling shall be met.

The maximum density in the C-1 District shall be 2.0 dwelling units per acre.

J27.

Nonresidential Conversion.

Definition. The conversion of an existing structure to a permitted nonresidential use.

Regulations.

A nonresidential conversion shall be permitted where the character of the existing structure is maintained and where all parking and other requirements for the particular use are met.

A new zoning permit is required each time a structure is converted to a different nonresidential use.

J28.

Office Supplies and Equipment Sales and Service.

Definition. The sale of stationary and other supplies normally used in the operation of an office; and the sale and servicing of equipment normally used in the operation of an office, including but not limited to typewriters, copiers, computers and telephones.

Regulations. The buffer requirements of this chapter shall be met.

J29.

Package Delivery Services.

Definition. Pick-up stations for private or commercial package delivery services.

Regulations.

These uses shall not exceed 2,000 square feet of gross floor area.

The buffer requirements of this chapter shall be met.

J30.

Photocopying Services.

Definition. The reproduction of printed materials with the use of a copier.

Regulations. The buffer requirements of this chapter shall be met.

J31.

Planned Community Center Mixed Use.

Definition. A planned community center mixed use ("PCCM") is a planned development designed as a complex of architecturally compatible structures with a traffic circulation pattern connecting the uses that comprise the center, which will minimize traffic movements on external streets bordering the center, with appropriate landscaping designed to create an attractive, cohesive streetscape.

Use Regulations.

Only one or more of the following principal sub-uses may be included in a PCCM:

B5	Single-Family Attached
B6	Multifamily
C3	Personal Care Center
D1	Nursery School/Day-Care Center
E7	Community Center
I1	Medical Office
I2	Veterinary Office
I3	General Office
I4	Medical and Pharmaceutical Sales Office
J1	Retail Store
J3	Service Business
J4	Financial Establishment
J5	Funeral Home or Mortuary
J6	Eating Place
J11	Indoor Athletic Club
J19	Service Station or Car Wash
J22	Automotive Accessories
J26	Dwelling in Combination
J27	Nonresidential Conversion
J28	Office Supplies and Equipment Sales and Services

Only the following accessory sub-uses may be included in a PCCM when combined with one of the allowed principal sub-uses listed above:

H1	Garage/Off-Street Parking
H3	Fences, Walls
H8	Satellite Antennas
H12	Garage or Yard Sales
H13	Household Pets
H15	Home Occupation
L1	Nonresidential Accessory Building
L2	Outside Storage or Display
L3	Temporary Structure
L4	Temporary Community Event
L9	Off-Street Parking
L10	Signs
L12	Cafeteria
L13	Training Center

Except for the area and dimensional requirements which are set forth in the following subsection, any principal or accessory sub-use established as a part of a PCCM shall meet all of the requirements applicable to that principal or accessory sub-use as set forth elsewhere in this chapter.

Neither outdoor kennels or runs nor overnight boarding of animals shall be permitted in conjunction with the I2 Veterinary Office sub-use.

Drive-through services are permitted in conjunction with the J1 Retail Store and J4 Financial Establishment sub-uses, but not in conjunction with the J6 Eating Place sub-use.

Area and Dimensional Requirements.

Minimum base site area: 15 acres.

The area and dimensional criteria for permitted nonresidential sub-uses within the PCCM shall be as set forth in § 27-1202 for the C-1 Zoning District or as to those specific uses set forth in § 27-305. The area and dimensional criteria for nonresidential sub-uses as set forth above may be modified by the Board of Supervisors during the conditional use process, provided that each individual nonresidential sub-use provides for sufficient fire access and safety and sufficient areas for pedestrian and vehicular traffic to and from the proposed sub-use.

Where residential sub-uses are proposed, the following requirements shall be met:

(a)

The applicable area and dimensional requirements for the proposed sub-use shall be those set forth for that type of use in § 27-305.

(b)

No more than 25% of the base site area within any PCCM may be developed with residential sub-uses. Any PCCM containing residential sub-uses shall also provide open space adjacent to these residential sub-uses. This open space area shall not count towards the 25% area limitation on residential sub-uses and shall be a minimum of 1/3 the area developed with residential sub-uses (but in no case shall it be less than 5% of the base site area). The provided open space shall comply with the requirements of Part 27 of this chapter.

(c)

At least a twenty-five-foot buffer yard shall be provided between any existing or proposed residential sub-uses within the PCCM and any existing or proposed commercial uses/sub-uses within the PCCM, in accordance with Part 28 of this chapter.

(d)

The Board of Supervisors may request that a portion of a proposed PCCM be developed with residential sub-uses if it determines that such sub-uses are in accordance with § 27-3008 of this chapter.

Where the proposed PCCM consists of more than one lot or parcel, there shall be no required setbacks to lots, buildings, or other structures, such as driveways and parking spaces, or between the lots or parcels comprising the PCCM, provided a cross-easement agreement or declaration of covenants, easements, conditions, and restrictions enables the lots or parcels comprising the PCCM to function as one integrated development. Cross-easements shall be provided to adjacent parcels when possible and appropriate, unless determined by the Board of Supervisors at the Board's sole discretion that they are not needed or desired. Where the neighboring property owner is unwilling to grant a cross easement, the applicant shall provide for future connections to adjoining properties. Such cross-easements or declarations shall be subject to review and approval by the Township.

Performance and Design Regulations.

No outdoor service of food, outdoor sales, or outdoor displays shall be permitted unless approved by the Board of Supervisors, at the Board's sole discretion. Outdoor seating may be permitted, provided that sufficient area for pedestrian traffic is provided.

All outdoor storage and trash collection areas shall be located to the rear of the building and shielded from adjacent properties and all streets. Any outside storage shall be considered an L2 Outside Storage or Display use and shall comply with all the requirements for this use, in addition to the above regulations.

Lighting facilities shall be installed in a manner which will protect the highway and neighboring properties from any direct glare or hazardous off-site interference.

The PCCM shall be designed to enhance the historic and cultural character of New Britain Township. No concrete-block or tilt-up concrete walls shall be permitted. Walls shall be differentiated with offsets, windows, facade details, changes in color or materials. All walls of a building should be architecturally consistent with the front facade, and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade, with the exception of storefront glass, which may wrap around.

The PCCM shall be designed to accommodate pedestrian and vehicular traffic safely.

Vehicular Access. An effort shall be made to limit curb cuts onto adjacent arterial highways.

Pedestrian Access. The PCCM shall have internal walkways to provide pedestrian access from adjacent residential developments and to connect to adjacent commercial, office, and institutional uses.

In connection with the J19 Service Station or Car Wash sub-use, the sale of convenience-type products shall be limited to a maximum floor area of 6,000 square feet. The requirement of the J19 sub-use for a minimum lot width of 250 feet shall be deemed satisfied where the lots that are included in the PCCM have a combined minimum lot width of 250 feet or greater. This provision is intended to supersede any inconsistent provisions of § 27-305.J.J19.

Special Sign Regulations. In addition to the sign regulations set forth in Part 26 of this chapter, all signs within a PCCM shall comply with the following guidelines. Where there is a conflict between the regulations of Part 26 and these guidelines, these guidelines shall control:

Purpose of Sign Design Guidelines.

(a)

To provide guidance to property owners, businesses, and sign makers to design and install only signage that is attractive as well as being functional.

(b)

To help businesses and others identify themselves in a manner that promotes a positive image for the establishment and, if applicable, for the shopping center or commercial area in which a business is located.

(c)

To promote well-designed signs which successfully communicate their messages in a clear and effective manner.

(d)

To encourage creative and innovative approaches to signage which comply with the spirit and intent of the sign regulations of New Britain Township.

(e)

To enhance overall property values and the community's visual environment by encouraging signs that contribute to improving the overall visual image of the community through appropriate size, quantity, clarity, and innovative designs and discouraging visual clutter.

(f)

To ensure that commercial signs are designed for the purpose of identifying a business in an attractive and functional manner rather than to serve primarily as product advertising.

General Design Principles. Signs should make a positive contribution to the general appearance of the streetscape and/or the commercial area in which they are located. Where a business or a coordinated development has more than one sign, all signs shall be designed to be compatible with one another in terms of materials, color, lettering style and logo usage. Where business uses are interspersed with residential uses, signs shall be designed and located with sensitivity to the residential areas. Illumination shall be designed to minimize impact on adjacent residences or residential uses.

Relationship to Building Architecture. Signs shall be designed with regard for, and to integrate with, the architectural style, historical significance, and/or inherent character of the building. Signs shall fit on a building as if they were one of its architectural elements. Signs enhance the primary design elements or unique architectural features of the building. Signs shall be designed with regard for the specific location where they will be placed on the building or site and shall be consistent in materials, colors, size, and architectural style.

Sign Location and Placement. For wall signs, the architectural design of the building will suggest the appropriate placement location. Signs shall be positioned to respect and complement the design of a building, including the arrangement of bays and openings. Wall-mounted signs or fascias above storefront windows shall be sized to fit within existing friezes, lintels, spandrels, and other such features and not extended above, below or beyond them. A wall sign shall be centered horizontally on the vertical surface to which it is affixed. In positioning a freestanding sign, consideration shall be given to general lot characteristics, roadway curves, and building location on the lot.

Size and Proportion. A sign shall be proportional in size to the area where the sign is to be located, and the lettered and graphic area of a sign shall be proportional in size to the overall size of the sign background. A general rule is that the text and graphic elements shall not appear to occupy more than 2/3 of the sign area. In addition, the length of a wall-mounted sign shall not exceed 50% of the frontage width of that sign's establishment or building.

Color. Colors shall be selected that enhance sign legibility for both daytime and nighttime viewing. Contrast shall be used to increase clarity. Building colors shall be considered when selecting sign colors. Sign colors and finishes shall be compatible with the color of the building or development.

Materials. Signs shall be constructed using high-quality, durable and low-maintenance materials. Sign materials shall be compatible and complementary with the design of the building and facade on which they are placed.

Lighting.

(a)

Internal Illumination. When signs other than channel letters are internally lit, only the sign copy (words/logo) shall be illuminated. The sign background or field shall be opaque and of a nonreflective material. Any portion of the background that is lighted shall be included in the calculation of that sign's area, even if this lit background is not part of the sign. Only the following methods of internally lighting signs are allowed:

Push-through graphics and text;

Standard channel letters, also called backlit or halo lit; and

Reverse channel letters with a halo effect.

(b)

External Illumination. External lighting fixtures shall only project light on a sign from above. Light fixtures shall be simple and unobtrusive in appearance and size, and shall be positioned as to not obscure the sign's message and graphics. Light sources shall be shielded as such that the light source is directed away from passersby. Light sources shall be directed against the sign such that it does not shine onto adjacent property or cause glare for motorists and pedestrians. Bare light bulbs shall not be exposed.

Signage-Specific Regulations.

(a)

Window Signs. Window signs are directed primarily at pedestrians and are meant to be read at close range at pedestrian eye level. As such, small-scale signs are more appropriate. Hand-painted and paper window signs are discouraged. Window signs shall be applied directly to the interior face of the glazed area of the window or hung inside the window.

(b)

Freestanding Signs. Single pole (lollipop, tee, cross, or flagpole-type) signs are prohibited. Monument or structured signs with monument base and landscaping as part of the overall coordinated design shall be architecturally designed and incorporate design details, materials, and colors of the associated buildings. Freestanding signs shall be placed perpendicular to approaching vehicular traffic. All freestanding signs shall be placed within a substantial planted and landscaped area or raised planter which is of a shape, size, and design to provide a compatible setting and ground definition to the sign.

(c)

Awning Signs. Opaque fabric is required. Lettering/logo details may be painted or screen printed or cut in. Lettering and/or graphic elements shall comprise no more than 30% of the total exterior surface of an awning or canopy. Awning signs shall be included within the maximum calculated signage permitted. If an awning sign is internally illuminated, only the sign letters, logo and ornamentation shall be translucent. The background material shall be opaque.

(d)

Projecting Signs. Mounting hardware shall be an attractive and integral part of the sign design. The design of a projecting sign may incorporate visually interesting elements such as painted or applied letters, two- or three-dimensional symbols or icons, and internal cut-outs. No portion of the sign may extend at a level higher than the lowest portion of the closest roofline (i.e., if affixed to a wall, the sign may not be higher than the gutter line, even though the roof peak may be higher).

10.

Prohibited Signs and Sign Elements.

(a)

Signs without permits.

(b)

Temporary or sandwich board signs of any type.

(c)

Signs painted upon vehicles or other stationary objects, other than those approved signs affixed to structures or other permitted stationary signs.

(d)

Hand-held signs.

(e)

Signs with fluorescent or Day Glo^TM colors.

(f)

The use of internally illuminated box/cabinet-type signs, particularly those with translucent backlit panels; also, the use of rectangular or square box/cabinet-type signs without any sort of distinctive or artistic curvilinear form.

(g)

Pole-type freestanding signs.

(h)

The use of neon tubing or similar lighting to outline the perimeter of windows, doorways, storefronts, buildings, canopies, etc.

(i)

Wall signs, any portion of which is located above the eaves of a building.

11.

Permitted Signs. The following signs shall be permitted on each property with buildings thereon in accordance with the provided regulations. All other signs and all off-premises signs are expressly prohibited.

(a)

Wall Signs. All wall signs shall comply with the following requirements:

No wall sign shall project more than 12 inches from the wall to which it is attached;

No wall sign shall extend beyond the corners of a building or above the cornice or eaves of a building;

Wall signs shall be placed in the sign frieze area and shall not exceed a height of 20 feet from the ground to the top of the sign, regardless of the height of the building; and

A retail store having a minimum gross floor area of 80,000 square feet or more and located a minimum of 150 feet from the street line shall have lettering no larger than 36 inches in height on a wall sign and, where located a minimum of 250 feet from the street line, shall have lettering no larger than 48 inches on a wall sign, provided that the maximum wall sign area does not exceed one square foot for each linear foot of building frontage.

(b)

Window Signs. Window signs readily visible from a public or private street shall be prohibited. Other window signs shall be limited to 10% of the window area.

(c)

Wall Murals. Painted wall murals shall be considered signs and shall comply with all regulations applicable to wall signs.

(d)

Projecting or Hanging Signs. Signs may project from the face of the building or hang from a roof canopy, provided that such signs shall not exceed six square feet in area; shall not project more than 40 inches from the building; and shall provide a minimum clearance of eight feet from a walkway.

(e)

Ground Signs. All ground signs shall comply with the following requirements:

One ground sign shall be permitted on a lot per 500 feet of street frontage on one street.

All ground signs shall be set back a minimum of five feet from any right-of-way line.

Ground signs shall not exceed 75 feet in area. No dimension of a ground sign shall exceed 20 feet.

The maximum height to the top of any ground sign shall not exceed 15 feet, nor shall it extend above the lowest part of the main roofline of the principal building on the same lot, whichever is lower.

A ground sign shall identify the name of the business located on the same lot as the sign and shall include the street address number of the property at least four inches in height.

(f)

Gas Station Signs. Gas stations may have one combination name and product pricing/message freestanding sign per street frontage, with a maximum of two such signs permitted. Portable signs shall be prohibited.

(g)

Notwithstanding the provisions of § 27-2613.a.2, LED, electronically changing, reader board signs shall be permitted, provided that any advertising copy posted on the reader board sign will not be changed more than once every 20 minutes and will not create the appearance of flashing, scrolling, and/or intermittent lighting.

12.

General Standards.

(a)

Permits. No sign, except as provided herein, shall be erected, altered or otherwise changed, except for normal maintenance, unless a zoning permit and a building permit have been issued by the Township.

(b)

Illumination. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity and shall be designed, located, erected, and maintained to confine or direct all illumination to the surface of the subject sign and away from adjoining premises or the street upon which it fronts or faces.

(c)

Maintenance. All signs, together with their supports, shall be kept in good repair and in safe condition. The owner of the premises on which a sign is erected shall be responsible for keeping such sign and premises in a safe and neat condition.

(d)

Measurement of Sign Area.

Sign area is that area enclosed by one continuous line connecting the extreme points or edges of a sign. This area does not include the main supporting sign structure but shall include multiple signs attached to a single sign structure.

When a sign is double-faced, only one face shall be counted in computing the sign's area.

Letter Size. Lettering shall be no larger than 18 inches in height, except as otherwise permitted by these regulations.

The total area of all signs, except for ground signs, shall not exceed 1 1/2 square feet in area for each linear foot of building frontage.

No one business use or tenant shall have more than two signs on a lot, except that one additional sign shall be allowed on one side wall of a structure facing two streets and computed at one square foot for every two linear feet of side wall.

In addition, one wall identification sign shall be permitted at a secondary business entrance facing a parking lot, not to exceed one square foot in area for every four linear feet of secondary wall frontage.

For buildings of 100,000 square feet or more, one additional wall identification sign shall be permitted at a secondary business entrance facing or directly across the street from a parking lot which is utilized to comply with the required parking for that building, not to exceed one square foot in area for every four linear feet of secondary wall frontage.

13.

Multi-Tenant/Use Buildings. Multi-tenant/use developments or structures shall have a master sign plan for the development. All signs proposed shall be illustrated upon the master sign plan. Signs in a multi-tenant/use building or development shall share a generally common design in terms of type of sign, materials, size, shape, illumination, placement, alignment, and method of attachment. New or replacement signs proposed for existing buildings shall provide a compatible appearance with the existing signage of other tenants/uses.

(a)

In multi-use buildings, the total sign area permitted shall be prorated among the individual building tenants by the owners and made part of the approved signage plan.

(b)

Signs for individual lot occupants of a PCCM shall comply with a coordinated signage plan for the entire property. Such signs shall be uniform in at least two of the following respects: letter size, letter type, and style or the coordination of sign colors and locations.

(c)

Sign plans must be submitted as part of the conditional use application for the PCCM.

(d)

The Board of Supervisors, at its sole discretion, may waive, increase, decrease, or otherwise modify any particular aspect of the sign regulations as part of the conditional use process up to a maximum of 50% dimensionally, provided that any such modification is deemed necessary to satisfy the purpose and intent of this section or to improve the overall appearance of the sign plan.

14.

Temporary Signs. Temporary signs shall comply with the following requirements:

(a)

Signs temporarily affixed to a window or door are permitted, provided that they do not exceed 10% of the area of the window or door and are in place for not more than 30 days.

(b)

Special advertising devices for new businesses, such as banners, pennants and streamers, are permitted by special permit of the Zoning Officer for not more than 30 days in a twelve-month period.

(c)

Signs for a special event shall be removed immediately following the event should it occur prior to the thirty-day limitation.

(d)

Real estate signs for a commercial building may be in place for the period of the offering and shall not exceed 16 square feet.

(e)

Real estate signs for a residential building may be in place for the period of the offering and shall not exceed eight square feet.

Special Parking Regulations.

Parking for the PCCM shall be the sum of the required parking for each individual sub-use per Part 29 of this chapter, or one parking space per 200 square feet of total floor area, whichever is greater; plus, two additional employee parking spaces per sub-use shall be provided.

Sufficient loading and unloading areas shall be provided for each building along the rear of the building in accordance with the regulations set forth in Part 29 of this chapter, subject to approval by the Board of Supervisors during the conditional use hearing.

The natural resource protection standards of Part 24 shall be applicable to the PCCM, except to the extent they are specifically modified below:

Maximum Woodland Disturbance. A maximum of 65% of woodlands may be altered, regraded, cleared, and/or built upon.

Tree Protection Zone. The tree protection zone may be reduced or waived at the discretion of the Board of Supervisors during the conditional use proceedings.

Conditional Use Considerations. In addition to the general conditions for conditional uses set forth in § 27-3008 of this chapter, the applicant shall provide additional information set forth below necessary for the Board of Supervisors to evaluate the application.

The applicant shall incorporate traffic-calming devices on site to discourage cut-through traffic and to promote safe circulation and access to the site.

Where deemed appropriate by the Board of Supervisors, additional green areas may be preserved on site in lieu of construction of required parking areas by including reserve parking areas on site.

At its sole discretion, the Board of Supervisors may increase building heights upon submission by the applicant of increased green and/or buffer areas on site, and provided that any proposed building heights can be safely serviced by local fire service providers.

The applicant shall show alternatives for future access and driveway connections to abutting commercial properties.

The Board of Supervisors may modify tree removal and/or tree replacement requirements based upon the quality and species of trees to be removed.

J32.

Neighborhood Commercial Center.

Definition. A neighborhood commercial center ("NCC") is planned and designed as a complex of related structures and circulation patterns and shall be designed as a single architectural style with appropriate landscaping.

Use Regulations.

Only one or more of the following principal sub-uses may be included in an NCC:

D3	Commercial Trade School
E8	Library or Museum (whether or not conducted as a for-profit business)
I3	General Office
I4	Medical and Pharmaceutical Sales Offices
J1	Retail Store
J3	Service Business
J4	Financial Establishment
J6	Eating Place (except for uses serving and/or selling alcoholic beverages)
J18	Laundry
J28	Office Supplies and Equipment Sales and Service
J30	Photocopying Services

Only the following accessory sub-uses may be included in an NCC when combined with one of the allowed principal sub-uses listed above:

L1	Nonresidential Accessory Building
L2	Outside Storage or Display
L3	Temporary Structure
L4	Temporary Community Event
L9	Off-Street Parking
L10	Signs
L12	Cafeteria
L13	Training Center

Except for the area and dimensional requirements which are set forth in the following subsection, any principal or accessory sub-use established as a part of an NCC shall meet all of the requirements applicable to that principal or accessory sub-use as set forth elsewhere in this chapter.

Drive-through services are only permitted in conjunction with the J4 Financial Establishment sub-use and no other sub-use.

If one building is proposed, the NCC shall have a minimum of three sub-uses, up to a maximum of seven sub-uses, in that building. If multiple buildings are proposed, a minimum of two sub-uses shall be required per building, up to a maximum of seven sub-uses in each building.

Area and Dimensional Requirements.

Minimum lease area: 1,200 square feet of floor space per unit within the NCC with an average of 1,600 square feet of floor space per unit.

Minimum site area for NCC: two acres.

Minimum lot width: 250 feet.

Maximum impervious surface ratio for the site: 65%.

Minimum front yard: 40 feet.

Minimum rear yard: 30 feet.

Minimum side yards: 15 feet.

Building separation: 30 feet.

The NCC shall provide for 30% open space in a contiguous area in order to soften the impact of the building, structure, parking, loading facilities and other paved areas. This open space shall be calculated on the gross site area and shall be in addition to any other required buffer yards, park and recreation facilities, and landscaped areas. No public utilities or stormwater management facilities are permitted within the required open space.

Performance/Design Regulations.

Lighting facilities shall be installed in a manner which will protect the highway and neighboring properties from any direct glare or hazardous off-site interference.

The NCC shall be designed to enhance the historic and cultural character of New Britain Township. No concrete-block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, changes in color or materials. All walls of a building should be architecturally consistent with the front facade, and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade with the exception of storefront glass, which may wrap around.

The NCC shall be designed to accommodate pedestrian and vehicular traffic safely.

Vehicular Access. All NCCs shall limit curb cuts onto arterial highways and shall provide for rear access to the use from a signalized intersection. Safe access shall be determined by the Board of Supervisors during the conditional use hearing.

Pedestrian Access. All centers shall have internal walkways to provide pedestrian access from adjacent residential developments, and to connect to adjacent commercial, office, and institutional uses.

Parking and Loading Facilities.

Parking for the NCC shall be the sum of the required parking for each individual sub-use per Part 29 of this chapter, or one parking space per 200 square feet of total floor area, whichever is greater; plus, two additional employee parking spaces per sub-use shall be provided along the rear of the building(s).

Signs.

One freestanding sign shall be permitted for any NCC, unless the property on which the center use is located fronts on more than one street, in which event, one sign may be erected on each frontage.

All freestanding signs shall be monument-type signs and shall be limited to 50 square feet of sign area, with a maximum height of six feet. All freestanding monument signs shall have bases and supports designed and landscaped to screen associated utility and service equipment.

Each commercial sub-use in an NCC shall be permitted one sign per exposed front exterior wall. The surface area of each sign shall not exceed 10% of the surface area of the exposed exterior wall or up to a maximum of 32 square feet, whichever is smaller. These signs may not project more than two feet from the facade or building overhang, and if any sign projects more than six inches from the face of the building, the bottom of the sign must be at least eight feet above any adjacent walkway. The height of a building sign shall not exceed the height to the uppermost projection of the building at the location on the facade where it is to be located. Each wall sign shall be a minimum of two feet from the edge of each building unit.

A maximum of one directional sign shall be permitted at each point of ingress/egress to an NCC. Directional signs shall not exceed six square feet per sign and shall be no higher than three feet at their tallest point. The sign shall be limited to the necessary directional information plus the name and/or logo of the NCC.

Any proposed window signs shall not exceed a total of 15 square feet per building unit.

J33.

Special Personal Services.

Definition. A retail facility offering massages, psychic readings, body piercing, branding, tattooing, smoking parlor, and/or other similar uses.

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

When bodily contact is an intrinsic part of the service provided (i.e., massages, psychic readings, body piercing, branding, and tattooing), the service must be performed in sanitary conditions.

Any special personal services use shall be a minimum of 1,000 feet from the nearest public or private school, public parks, religious institutions, and residential neighborhoods.

No more than two special personal services shall be located within 500 feet of each other.

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

No person shall operate a massage business, health center, or health salon whereby a masseur or masseuse or any other person shall treat a person of the opposite sex. This prohibition shall not apply to any of the following types of treatments:

In the office of a licensed physician, osteopath, chiropractor, or physical therapist.

In a regularly established medical center, hospital, or sanatorium.

In a residence of a person under a medical doctor's care by the direction of such doctor.

Upon the order of a licensed physician, osteopath, chiropractor, or physical therapist.

J34.

Dispensary.

Definition. A shop or store holding a permit issued by the Pennsylvania Department of Health to dispense medical marijuana and that sells medical marijuana to the ultimate consumer. No other retail sales or other activities are allowed under this use.

Regulations.

The buffer requirements of this chapter shall be met.

No outside display or storage is allowed.

The establishment and operation of a dispensary shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141 and 1151 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141 and 1151).

Industrial Uses.

K1.

Manufacturing.

Definition. The production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products.

Regulations.

The buffer requirements of this chapter shall be met.

K2.

Research.

Definition. Research, testing or experimental laboratory, including the growing and breeding of laboratory animals.

Regulations.

The buffer requirements of this chapter shall be met.

Adequate provisions should be made for storage and disposal of any hazardous materials.

K3.

Wholesale Business, Wholesale Storage, Warehousing.

Definition. Wholesale business, wholesale storage or warehousing with no retail sales.

Regulations.

No explosive, toxic, radioactive or highly flammable materials shall be stored on the premises.

The buffer requirements of this chapter shall be met.

K4.

Printing.

Definition. Printing, publishing, binding.

Regulations.

The buffer requirements of this chapter shall be met.

K5.

Contracting.

Definition. Contractor offices and shops, such as building, electrical, plumbing, heating, masonry, painting, and roofing contractors.

Regulations.

The buffer requirements of this chapter shall be met.

All materials and vehicles shall be stored within a building or an enclosed area which is properly screened. Any outside storage, including storage of two or more commercial, recreational or other vehicle storage, shall be considered an L2 Outside Storage or Display use and shall comply with all the requirements for this use, in addition to the above regulations.

K6.

Truck Terminal.

Definition. A use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another.

Regulations.

The minimum lot area for a truck terminal shall be 10 acres.

Short term warehousing may be permitted under this use.

The truck terminal shall be licensed by the Public Utilities Commission.

Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.

The buffer requirements of this chapter shall be met.

K7.

Crafts.

Definition. Offices and shops for carpentry, upholstery, cabinet making, furniture making, planing mill, and similar crafts.

Regulations.

The buffer requirements of this chapter shall be met.

K8.

Lumber Yard.

Definition. Lumber yard where lumber products are sold and/or processed. This principal use may be combined with a planing mill.

Regulations.

The buffer requirements of this chapter shall be met.

K9.

Mill.

Definition. Mill where grain and similar products are processed.

Regulations.

The buffer requirements of this chapter shall be met.

K10.

Fuel Storage and Distribution.

Definition. Storage and distribution of fuel oil or coal.

Regulations.

All applicable state and federal requirements for underground and above ground storage of fuel shall be met.

The buffer requirements of this chapter shall be met.

K11.

Junkyard.

Definition. An area of land, with or without buildings, used for the storage of used or discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use of disposition of the same. The deposit or storage in a licensed junkyard of 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 the major parts of two or more such vehicles.

Regulations.

No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.

The boundaries of any junkyard shall at all times be clearly delineated.

All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

The land area used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.

Such junk yard shall be entirely enclosed by a solid fence or wall, at least eight feet but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete and with access only through solid gates. The fence or wall shall be situated no closer to any street or property line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.

The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

Between the fence or wall and the street or property line, buffer plantings shall comply with either of the following:

(a)

One deciduous tree, 1 1/2 inch caliper minimum, at an average of one tree per 40 linear feet of buffer plus one evergreen tree, three-foot minimum height, at an average of one tree per 20 linear feet of buffer.

(b)

One deciduous tree, 1 1/2 inch caliper minimum, at an average of one tree per 40 linear feet of buffer plus one deciduous shrub, three-foot minimum height, per four linear feet of buffer. Shrubs shall be privet, forsythia or viburnum species.

All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.

No explosive, toxic, radioactive, highly flammable or hazardous materials shall be kept on the property.

10.

No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregating of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary by the provision of adequate aisles, at least 15 feet, for escape and firefighting and by other necessary measures.

11.

All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain run-off from a hundred-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Pennsylvania Department of Environmental Resources' Protection Rules and Regulations.

12.

A zoning permit shall be obtained on an annual basis.

K12.

Extractive Operations.

Definition. Extractive operations are quarries for sand, clay, shale, gravel, topsoil, stone and similar operations including borrow pits.

Regulations.

Except where a railroad is a property boundary line, there shall be a berm of minimum height of 15 feet and maximum height of 50 feet surrounding the entire property site. The slope of the sides of the berm shall not exceed a 1:1 ratio. Berms shall be planted and erosion control measures shall be taken as may be approved by the U.S. Soil Conservation Service. Berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berms shall be constructed closer than 25 feet to a district in which extractive operations are not permitted. Landscaping of the berms and yard areas shall be sufficient to screen the extractive operation. Both landscaping and berm construction shall be according to a plan approved by the Board of Supervisors. The plan shall include a reasonable timetable for completion. The landscaping shall consist of evergreens of such species and size as will produce, within three years, a complete, all season visual screen of at least eight feet in height.

A chain link type fence at least eight 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 and shall 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.

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, or for weighing or 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 Township Subdivision and Land Development Ordinance [Chapter 22].

No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area.

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.

Stock piles shall not exceed 75 feet in height from the original ground surface and shall not be located within the setbacks provided for in this chapter. All reasonable precautions shall be taken to prevent any materials or waste deposited upon any stock pile from being washed, blown or otherwise transferred off the site by normal causes or forces.

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 or adjacent property, or entering into any stream, pond, well, subterranean stream or other body of water.

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 the immediate location of any dwelling, public building, school, church, hospital, commercial or other institutional building.

All off-street parking spaces shall be provided as determined by the Township to adequately serve customers, employees, visitors and vehicles normally parked on the premises. No parking shall be permitted in the front, side or rear yards except parking shall be permitted behind any berm.

10.

Any application for a zoning permit or an annual renewal permit as hereinafter provided shall be accompanied by plans and other information to satisfy the criteria set forth above and, in addition, shall depict:

(a)

Plan of general area within a 0.5-mile radius of the site at scale of 500 feet or less to the inch with a twenty-foot or less contour interval to show:

(1)

Existing data, including location of proposed site.

(2)

Land use pattern including building locations and historical sites.

(3)

Roads — indicating major roads and showing width, weight, limits, types of surfaces and traffic volume.

(4)

Existing and proposed uses of neighboring facilities including:

Subdivisions.

Parks, schools and churches.

Highways (new and reconstructed).

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

(b)

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

(1)

Basic data (soils, geology, ground water data, water courses).

(2)

Vegetation (identify dominant species). Proposed tree locations.

(3)

Wind data (directions and percentage of time).

(4)

Proposed usage.

(5)

Final grading by contours. Soil embankments for noise, dust and visual barriers and heights of soil mounds.

(6)

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

(7)

Location and estimated amount and description of aggregate and overburden to be removed.

(8)

Location of stock piles and present or proposed height.

(9)

Ultimate use and ownership of site after completion of operation.

(10)

Source and amount of water if final plan shows use of water. Method of disposition of excess water during operation.

(11)

Plan of operation showing:

Location and typical schedule of blasting.

Machinery: type and noise levels.

Safety measures: monitoring of complaints.

11.

Any application for an initial permit or for an annual renewal permit, as hereinafter provided, shall be referred to the Planning Commission for review and the Township Engineer for review prior to action by the Board of Supervisors. The Board of Supervisors in acting upon any original permit application or annual renewal permit application shall take into account the following:

(a)

Compliance with the requirements set forth in this Part.

(b)

The impact that the proposed operations would have upon the health, safety and welfare of the community, including specifically the finding that the use will not impact adversely upon the following:

Ground water supply.

Ground vibration.

Noise.

Dust dissemination.

Ground, ground water or air contamination of toxic or hazardous substances.

12.

No permit for any extractive operation shall be issued until the applicant has demonstrated to the Board of Supervisors that it has obtained all other permits and approvals required from any other regulatory agencies to conduct the extractive operations.

13.

Annual Renewal Permit.

(a)

Each operator/owner of extractive operations shall be required to apply for and obtain an annual renewal permit during each year of its operation.

(b)

The renewal permit application must be received by the Township along with the appropriate fee not less than 45 days prior to the expiration of the then current permit.

(c)

The application shall include updated plans and other materials showing the information required for the issuance of an original permit.

(d)

The annual renewal permit will be issued upon the Board of Supervisors being satisfied that the applicant has satisfied all of the obligations required of the owner/operator for an original issue permit.

14.

Fees. Applicants for zoning permits and annual renewal permits for extraction operations shall pay a fee, which shall be in accordance with the fee schedule, as may be from time to time, adopted and amended by the Township.

15.

Rehabilitation and Conservation Requirements. The following provisions shall apply to all extraction operations:

(a)

The owner, operator, lessee of any extractive operation shall, at the time of application for a zoning permit, submit to the Township its reclamation plan as submitted to the Pennsylvania Department of Environmental Protection. No permit shall be issued where said reclamation plan provides for quarrying in areas of the site not permitted by this chapter.

(b)

Along with said plan, the applicant shall include a timetable for the reclamation proposed for the site in general with an actual timetable for reclamation of slopes as may be found reasonable by the Board of Supervisors within the setback areas.

(c)

Owner, lessee or operator of any extraction operation within the Township shall, within six months from the date of this chapter or receipt of a zoning permit authorizing said extraction operation, whichever is the latter, submit a plan which shall include descriptions and plans for suitable after-conditions or after-uses for all the land affected.

(d)

Plans for the rehabilitation uses may include the following after-uses among others:

(1)

Open areas suitably graded and covered with suitable shrubs, grasses or trees.

(2)

Recreation land, ponds and lakes.

(3)

Agriculture of any type.

(4)

Sites for residential use.

(e)

Rehabilitation shall commence within one year following the completion or the discontinuance for a period of one year of any extractive operation (or the completion of the excavation of a portion of an entire operation which can feasibly be restored separately from other portions of the operation and which is not necessary to the operation). Such rehabilitation shall be completed within five years from the date rehabilitation commenced except where a longer period of time is specifically authorized as part of the rehabilitation program. Normal benching operations for sloping purposes shall not be construed as requiring the commencement of rehabilitation.

(f)

Rehabilitation shall include removal of all debris, temporary structures and stock piles.

(g)

A layer of arable soil of sufficient depth to sustain grass, shrubs and trees shall be provided in those parts of the operation where feasible to do so. Grass, shrubs and trees native to the area shall be planted thereon within six months after the providing of arable soil.

(h)

Where the extraction operations are to be filled as part of the rehabilitation process, no material shall be used for fill purposes other than earth, stone, sand, concrete or asphalt.

(i)

Water accumulation upon the site may be retained after the completion of such operations where the excavation cannot be reasonably drained by gravity flow, provided that adequate provision shall be made to avoid stagnation, pollution and the danger of improperly controlled release of such waters from the site.

(j)

Upon receipt of the rehabilitation plans, the Township shall review the plans to ensure compliance with all provisions of this performance standard. Upon approval thereof, the Township shall issue a certificate indicating approval of the plans as submitted or amended, and the approved plans should be permanently filed in the official records of the Township.

(k)

Plans may be amended from time to time by approval of the Township upon application of the owners.

(l)

A performance bond may be required by the Township in an amount determined by the Township to be sufficient to insure the rehabilitation of the affected site in accordance and compliance with the standards for the issuance of any original permit or annual renewal permit in accordance with the provisions of the plan of rehabilitation as submitted pursuant to this chapter, if the bond posted with the Commonwealth of Pennsylvania Department of Environmental Protection or other agency is not kept enforce or if the Township is not named therein. The Township may require that the bond posted with any state agency may not be withdrawn or reclaimed without Township approval. With the approval of the Township, and for such period or periods as may be specified, an owner may be permitted to post his own bond without corporate surety.

16.

To ensure provisions of this article are strictly satisfied, the Township shall have the right to inspect any extraction operation. Such inspection, or inspections, as the Township may deem necessary shall be conducted on any working day of the year, during regular business hours.

17.

No extraction operation or machinery connected therewith shall operate between the hours of 6:00 p.m. and 6:00 a.m.

K13.

Asphalt Plant.

Definition. An asphalt plant is an operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building and construction purposes.

Regulations.

Any application for a use permit for an asphalt plant shall be accompanied by the following plans and materials:

(a)

Plot plan of the site at a scale of 100 feet to the inch showing the location and dimensions of the plant in relation to an extractive or other operations within the site boundaries.

(b)

Any and all permits necessary from any state or other governmental agency which regulates such operations.

(c)

Proof that all governmental regulations and guidelines pertinent to the use have been satisfied.

(d)

A plan illustrating methods by which noise, dust, spread of toxic or hazardous waste will be controlled.

No asphalt plant shall operate between the hours of 6:00 p.m. and 6:00 a.m.

The asphalt plant shall be bermed in such fashion that the asphalt plant is not visible at the property line.

Prior to commencing operation of the asphalt plant (as described in K 14), all screening and berming shall be completed to totally screen the operation from view from any public street or neighboring property line.

K14.

Ready Mix Concrete Plant.

Definition. An operation which has as its primary function the mixing of materials to make concrete.

Regulations.

The use regulations stipulated for (K13) asphalt plant also shall apply to K14 ready mix concrete plants.

K15.

Industrial Park.

Definition. A planned development of industrial and related uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.

Use Regulations.

Only one or more of the following principal sub-uses may be included in an industrial park:

D1	Nursery School/Day-Care Center
I3	General Office
J4	Financial Establishment
J6	Eating Place (except for uses serving and/or selling alcoholic beverages)
J11	Indoor Athletic Club
J15	Motel-Hotel
K1	Manufacturing
K2	Research
K3	Wholesale Business, Wholesale Storage, and Warehousing
K4	Printing
K5	Contracting
K18	Flex Space

Only the following accessory sub-uses may be included in an industrial park when combined with one of the allowed principal sub-uses listed above:

L1	Nonresidential Accessory Building
L2	Outside Storage or Display
L3	Temporary Structure
L4	Temporary Community Event
L8	Nonresidential Radio and Television Towers, Masts, Aerials, etc.
L9	Off-Street Parking
L10	Signs
L11	Helistop
L12	Cafeteria
L13	Training Center

Except for the area and dimensional requirements which are set forth in the following subsection, any principal or accessory sub-use established as a part of an industrial park shall meet all of the requirements applicable to that principal or accessory sub-use as set forth elsewhere in this chapter.

Area and Dimensional Requirements.

Minimum site area: 10 acres.

Minimum frontage at right-of-way lines for the site: 250 feet.

Maximum height: 35 feet.

Minimum building spacing: 100 feet.

Minimum setbacks from exterior right-of-way and property lines for the site: 100 feet.

Minimum front yard from an internal street: 50 feet.

Minimum internal side yard: 25 feet.

Minimum internal rear yard: 50 feet.

Performance/Design Regulations.

Industrial sub-uses may be located in detached or attached structures.

At least 70% of the total floor space of the park must be used for industrial sub-uses.

Accessory outside storage of materials, goods or trash collection areas must be buffered around the area devoted to storage either by a six-foot cedar or spruce fence or with a staggered row of evergreen trees planted every 10 feet along the fence perimeter. Any outside storage shall be considered an L2 Outside Storage or Display use and shall comply with all the requirements for this use, in addition to the above regulations.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

The buffer requirements of this chapter shall be met.

Noise standards of this chapter shall be met.

All sub-uses within the industrial park shall take access from an interior street. Access for the park as a whole shall be from an arterial or collector highways.

All parking, loading facilities, and outside storage areas shall be located to the rear or side of buildings.

A transportation impact study shall be required for each proposed use or sub-use. If the proposed use or sub-use is unknown, a high-density use shall be assumed in the study. A new study shall be required in accordance with Part 25 of this chapter.

10.

Public water and sewer shall be required.

11.

All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act[1] or other ownership arrangement approved by the Board of Supervisors.

[1]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

12.

The applicant shall submit a plan for the overall design and improvements for the industrial park.

K16.

Resource Recovery Facility.

Definition. A facility or land that is used for any one or a combination of the following: composting, incineration, material separation, recycling or trash transfer.

Related Definitions.

Composting Facility. A facility for the composting of organic material.

Incinerator. A facility designed to reduce solid waste by combustion. This use may, or may not, include heat exchange equipment for energy recovery.

Material Separation and/or Refuse Derived Fuel (RDF) Facility. The extraction of materials from solid waste for recycling or for use as refuse derived fuel (RDF).

Solid Waste. The unseparated and/or unprocessed combination of residential and commercial solid waste materials originating in New Britain Township.

Recycling Facility. A business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.

Transfer Station. A facility where solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose for recycling.)

Regulations.

Minimum lot area: 10 acres.

Any such use shall be a minimum of 200 feet from any public road as measured from the ultimate right-of-way of the road and 200 feet from any property line. Additionally, an incinerator or transfer station shall be a minimum of 300 feet from any residential zoning district or occupied residential dwelling unit.

Parking areas shall be a minimum of 100 feet from any property line.

Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection (DEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any Rules or Regulations of DEP, the more restrictive DEP regulations shall supersede and control.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.

Unloading of solid waste shall be continuously supervised by a facility operator.

Hazardous waste included on the list of hazardous waste maintained by the Department of Environmental Protection shall not be disposed of at a resource recovery facility.

Litter control shall be exercised to confine blowing litter to the work area. A working plan for clean up of litter shall be submitted to the Township. To control blowing paper, a fence shall be erected, having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.

All parts of the process, including unloading, handling and storage of solid waste shall occur within a building. However, certain separated recyclable materials like glass, aluminum and other environmentally stable materials may be stored outdoors.

10.

The storage of paper shall be within a building.

11.

Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.

12.

No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

13.

No solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, solid waste shall not be stored on the site for more than 72 hours.

14.

A contingency plan for disposal of solid waste during a plant shutdown must be submitted to and approved by the Township.

15.

Leachate from the solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with DEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.

16.

Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. Process waste shall be located at least 100 feet from any property line and stored in leak proof containers. Such process waste shall be disposed of in a sanitary landfill approved by DEP or in another manner approved by DEP.

17.

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. In addition, the buffer requirements of this chapter shall be met.

18.

Solid waste landfill operations and open burning of any materials shall specifically be prohibited.

19.

Noise standards of Township Ordinances shall be met.

20.

A traffic impact study and water impact study shall be required.

21.

A zoning permit shall be obtained on an annual basis.

K17.

Solid Waste Landfill.

Definition. A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.

Regulations.

Minimum lot area: 20 acres.

The solid waste landfill operation shall be setback from any property line or street right-of-way line at least 100 feet.

Direct access for arterial or collector streets shall be required for the operation of a solid waste landfill.

A traffic impact study shall be required, meeting the standards set forth in the Township land development/subdivision regulations.

Operation of any solid waste landfill shall at all times be in full compliance with the Statutes of the Commonwealth of Pennsylvania, the Rules and Regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive, the more restrictive state or federal regulations shall supersede and control in the operation of such solid waste landfill.

Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township.

A solid waste landfill operation shall at all times be under the direction of a responsible individual who is qualified by experience or training to operate a landfill.

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

Unloading of waste shall be continuously supervised.

10.

Measures shall be provided to control dust. To control blowing paper, a fence shall be erected along every property boundary, having a minimum height of six feet, with openings not more than three inches by three inches. The entire area shall be kept clean and orderly. Cracks, depressions, or erosion of cover shall be repaired daily.

11.

Hazardous materials including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids and sewage, shall not be disposed of in a solid waste landfill.

12.

The disposal of sewage liquids and solids and other liquids shall be specifically prohibited in a solid waste landfill.

13.

Litter control shall be exercised to confine blowing litter to the work area. A working clean-up plan shall be established.

14.

Salvaging shall be conducted only by the operator and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.

15.

The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill and to prevent the collection of standing water. The operator shall comply with the requirements of Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water.

16.

Operation of any solid waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980 as amended.

17.

The buffer requirements of this chapter shall be met.

18.

A zoning permit shall be obtained on an annual basis.

19.

A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.

K18.

Flex Space.

Definition. Flexible building space that can be used for at least two of the following uses: office, light manufacturing, assembly and/or warehousing.

Regulations.

Each flex space area shall have no less than 20%, or more than 50%, of the area devoted to an office use. Warehousing, light manufacturing or assembly shall occupy no more than 80% or less than 50% of the flex space area.

K19.

(Reserved)

K20.

Low-Impact Assembly.

Definition. A light manufacturing use which does not create any external impacts that could negatively affect the neighboring community. Includes, but is not limited to, medical and clean technology manufacturing and assembly.

Conditional Use. This use is allowed as a conditional use approved by the Board of Supervisors.

Location and Buildings. When located in a commercial zoning district, this use shall only be allowed in a single detached enclosed structure containing at least 25,000 square feet of floor area. No accessory structures are allowed in conjunction with this use when located in a commercial zoning district. When located in an industrial zoning district, this use shall only be allowed in an attached or detached enclosed structure of any size, and accessory structures that meet all of the applicable requirements of this chapter are allowed.

Dimensional Requirements:

Minimum lot area: 10 acres.

Minimum lot width: 300 feet.

Minimum lot depth: 200 feet.

Minimum front yard: 100 feet.

Minimum side yard: 50 feet.

Minimum rear yard: 100 feet.

Maximum building height: 35 feet.

Warehousing and Storage. Goods and materials may be warehoused or stored within buildings located on the site. Outside storage of materials or goods is prohibited, and the use of forklifts and other similar equipment outside of the building, except to load trucks at the loading dock, is prohibited. No explosive, toxic, radioactive, or highly flammable materials shall be stored on the premises.

Refuse. Refuse containers located outside must be placed within a six-foot solid enclosure with a solid gate.

Lighting. Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind. Light fixtures shall be shielded to reduce light spillage beyond the property line, and at no point shall any light trespass onto adjacent residential properties exceed 0.5 footcandle at the residential property line.

Buffering. The buffer requirements of this chapter shall be met.

Noise. The noise standards of this chapter shall be met.

Traffic. The requirements of this chapter for a transportation impact study shall be met. Tractor-trailer truck traffic to the site shall not exceed more than 20 round trips a day.

Offices. Up to 30% of the floor area may be devoted to an accessary office use. Support areas for the manufacturing use/employees, such as changing rooms, locker rooms, break rooms, bathrooms, storage areas, etc., are not included in this calculation of office floor area, even if these areas are also used by the office use/employees.

Equipment. All mechanical/electrical equipment shall be screened from view. In addition, sound-attenuation devices shall be installed on all equipment to minimize noise pollution at any adjacent residential property line.

K21.

Grower/Processor.

Definition. A facility holding a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana and that sells medical marijuana to dispensaries for sale to the ultimate consumer. No other activities are allowed under this use.

Regulations.

The buffer requirements of this chapter shall be met.

No outside display or storage is allowed.

The establishment and operation of a grower/processor shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141 and 1151 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141 and 1151).

General Accessory Uses and Structures.

L1.

Nonresidential Accessory Building.

Definition. Accessory building, structure, or uses customarily incidental to the uses permitted within the zoning district, except outside storage. For any use accessory to a use permitted only as a special exception or conditional use, the accessory use shall only be provided as a special exception or conditional use.

Regulations.

Nonresidential accessory buildings shall meet the minimum setbacks for the principal nonresidential use.

School Bus Shelter. A structure for the use of persons waiting for a bus.

(a)

Maximum floor area: 63 square feet.

(b)

Such structures shall be located at least 12 feet from any street line or lot line.

(c)

One sign, no more than six square feet per side may be erected. This sign may advertise goods, services, businesses or organizations not located on the property.

L2.

Outside Storage or Display.

Definition. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use. The keeping of any goods, junk, material, merchandise, or vehicles in the same place, including within a temporary structure, for more than 24 hours.

Regulations.

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 or display.

Outside storage and display areas shall occupy an area of less than 50% of the building coverage.

Outside storage areas shall be shielded from view with a dense evergreen buffer and/or fencing so that the areas cannot be seen from all public streets. Fencing shall meet the provisions of this chapter.

Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection b.1 and b.2 above when granted as a special exception by the Zoning Hearing Board and provided:

(a)

No more than 25% of the lot area shall be used in outdoor storage or display.

(b)

A Special Exception is required for the following uses; nurseries (Use A6), lumber yards (Use K8), automobile sales (Use J2O), truck terminals (Use K6) and agricultural retail (Use A3).

(c)

Among the uses that shall not be appropriate for inclusion under this provision are retail stores (Use J1), repair shops (Use J17), service station or car-washing facility (Use J19), automobile repair (Use J21), sale of automobile accessories (Use J22), wholesale business and storage (Use K3), contractor office and shops (Use K5) and crafts (Use K7).

L3.

Temporary Structure, Temporary Storage Container, Pod, or Similar:

Definition. Temporary structure, building, or use, including portable temporary storage containers, but excluding H2 Residential Shed uses.

No temporary structure, building, or use shall be erected, moved, or established upon a lot without the prior issuance of a temporary zoning permit. Such a temporary permit may be issued for such structures, buildings, or uses only when they are necessary during construction or are needed due to other special circumstances of a nonrecurring nature. Such permit shall clearly set forth that the structure, building, or use permitted is intended for temporary purposes only and that the permit will expire in accordance with the regulations of this L3 use.

Regulations.

The time period of the initial temporary permit shall be six months. The permit may be renewed for one additional three-month time period, unless the applicant posts financial security as set forth in Subsection c.3 below.

Such temporary structure, building, or use shall be removed completely within 30 days of the expiration of the temporary permit without cost to the Township.

Any application for a renewal temporary permit for more than three months or any application for additional renewal permits beyond the one allowed in Subsection c.1 above shall include a $1,000 cash escrow to guarantee the removal of the temporary structure, building, or use if the requested renewal permit is granted. Such applications for these types of renewal permits shall be considered by the Board of Supervisors at a public meeting. If the Board grants the requested renewal permit, the foregoing cash escrow shall be held by the Township until the structure, building, or use is removed by the applicant. In no event shall a temporary structure, building, or use be permitted to remain on the property for more than 18 months. If the temporary structure, building, or use is not removed at the end of the renewal period, the Township shall have the right, but not the obligation, to remove the temporary structure, building or use from the property, and the cash escrow shall be fully forfeited to the Township to cover the cost of this removal and the violation of the terms of the temporary permit.

No more than one temporary permit shall be issued to a residential parcel during any twelve-month period.

In addition, a temporary storage container, an outdoor container commonly referred to as a "pod," or a similar type container shall meet the following standards:

(a)

Such containers shall not exceed 20 feet in length.

(b)

Such containers shall only be located within the front yard of any property for a residential use and set back from the edge of the cartway and the sidewalk a minimum of five feet, provided that there is no encroachment into the clear sight triangle for any intersecting streets or driveways. For non-residential use, any such container shall be visible from a public street or public accessway and shall not be placed within required parking spaces for more than one month from the date installed.

Permits for Extended Hardship. Upon a finding by the Township that a property has experienced a flood, fire, natural disaster, or other act of God so as to render the primary residential dwelling on the property uninhabitable, the establishment of a temporary structure, building, or use may be permitted by the Township for periods longer than 18 months, provided that, if the temporary structure or building is for dwelling purposes, any and all requirements of the Bucks County Department of Health regarding water use and/or sewage are met and that all Township Building Code requirements are met by the applicant.

L4.

Temporary Community Event.

Definition. A temporary activity including, but not limited to, flea markets, public exhibitions, auctions, carnivals, circuses, picnics, air shows, suppers for fundraising, mobile vending, and similar organizational events and meetings. Ice cream trucks are excluded from these regulations.

Regulations.

Such temporary uses shall be limited in time to no longer than seven days per occurrence. Such occurrences shall be limited to not more than four occurrences in a calendar year for each organization. There shall be at least a thirty-day period between such occurrences.

Signs advertising a temporary community event shall be posted no more than 14 days prior to the first day of the event and shall be removed on the final day of the event. No more than four off-premises signs shall be placed. The location of off-premises signs must be approved by the property owners of the properties upon which they are to be fixed.

The applicant shall provide plans to ensure security, crowd control, adequate parking for existing and proposed uses on the premises, emergency access, traffic control, street access, sanitary facilities, erosion control, trash collection, noise control, and cleanup after the event.

The owner shall submit a certified letter to the Township indicating that they are aware of the proposed use.

Mobile vending shall be permitted within non-residential zoning districts only. No mobile vending shall be permitted within 500 feet of an existing restaurant or retail store selling similar goods. No more than one mobile unit shall be permitted at one location at a time. No outdoor eating areas with tables and/or chairs are permitted.

Hours of operation shall be limited to between the hours of 9:00 a.m. and 6:00 p.m.

L5.

Oil and Gas Drilling Well.

Definition. An accessory use on a property such as, wells and other structures related to the drilling for, exploration for or production of oil and/or gas.

Regulations.

Wells and storage tanks shall be located not less than 200 feet from any property line or residential dwelling.

All wells and storage tanks shall be located not less than 100 feet from a stream or other natural watercourse or from any private or public water well.

All well locations shall be cleared of dead grass, brush and debris and any other hazard or inflammable material within a radius of 75 feet from each well.

A fire bank shall be constructed around tanks to catch and impound oil in the event of spillage and seepage. Such areas shall be lined with an impermeable material to prevent pollution of groundwater.

An adequate slush pit shall be maintained to collect tank drainage or draw-off. Such areas shall be lined with an impermeable material to prevent the pollution of groundwater.

Zoning permit applications shall include the names and addresses of the property owners; the names and addresses of the oil, gas and mineral owners; the names and addresses of the lessees, if any, of the oil, gas and minerals.

L6.

Wind Energy Conversion System (WECS).

Definition. A wind energy conversion system as a nonresidential accessory use is a system in which a device, located on nonresidential property, converts wind energy to mechanical or electrical energy.

Regulations.

Siting.

(a)

A WECS shall be set back from any property line, above-ground utility line or other WECS a distance no less than 1.25 times the height of the WECS structure (including blades).

(b)

A WECS shall be located no less than 100 feet from overhead utility lines and no less than 300 feet from a street line unless the building located on the parcel is located closer to the street line than 300 feet, in which case the WECS may be located no closer than the front yard setback of the house and/or primary building from the street line. In no event shall the distance between the street line and the wind energy system be less than 1.25 times the height of the wind energy system.

Size.

(a)

Maximum output: 200 KW.

(b)

Maximum height: 60 feet, including all moving and rotating parts, measured from the undistributed ground elevation at the base of the device, to the highest point of the arc of the blade, or to the top of the tower, whichever is greater, unless a greater restriction is imposed by FAA regulations and the requirements of the airport zones in this chapter.

Design, Use and Safety.

(a)

All WECS shall serve on-site generation needs only, unless otherwise approved by the Board of Supervisors.

(b)

Each proposed WECS shall be designed and engineered to provide for safe operation. Detailed plans, prepared by a licensed professional engineer, shall be submitted with the zoning permit application. The design of a proposed WECS shall be certified by a licensed engineer to insure that it will operate safely, without loss of structural integrity, under the following conditions:

Loss of utility power (shall not back feed dead utility line).

High wind speed (shall brake or feather below survival wind speed).

Blade imbalance (shall support added blade weight of at least 10%).

(c)

Minimum blade ground clearance: 15 feet at lowest point of arc.

(d)

Access control:

All ground mounted electrical controls shall be labeled or secured to prevent unauthorized access.

The tower shall not provide steps or ladder readily accessible to the public for a minimum height of eight feet above ground surface.

All access doors and gates shall be locked, as appropriate, to prevent entry by non-authorized persons.

(e)

A minimum of one sign per side shall be posted warning of high voltage. It shall be located near ground level on the tower structure.

(f)

Shadow Flicker. Shadow flicker at any occupied building on any adjacent property caused by a wind system located within 1,000 feet of the occupied building shall not exceed 30 hours per year.

Noise and/or shadow flicker provisions may not be applicable if the following conditions are met:

The affected property owner(s) sign an agreement that allows the noise and/or flicker to exceed the above noted requirements.

The written agreement shall state the zoning ordinance requirements, indicating how the system does not comply with requirements, and state the maximum limit the noise and/or flicker may be above the zoning requirement.

Any such agreement shall be signed by the applicant and the applicable adjacent property owner(s), and recorded on all affected properties in the Recorder of Deeds Office.

Other.

(a)

The electric and utility lines to and from a WECS shall be underground.

(b)

At-ground structures shall be adequately buffered from adjacent properties and street rights-of-way with landscaping or fencing (where fencing is permitted by this chapter).

(c)

A WECS shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.

(d)

There shall be a maximum of one device per one-half acre on a single parcel or multiple parcels in single ownership.

(e)

WECS shall be a non-obtrusive, non-reflective color such as white, off-white or gray, or the original factory galvanized steel.

(f)

No artificial lighting (unless required by the FAA), signage (with the exception of warning signage at the base of the tower), or any forms of advertising shall be utilized or attached to the system.

(g)

Within six months of the time that the use of the WECS is discontinued, all parts of the system shall be dismantled and removed from the property.

L7.

Air Landing Field.

Definition. A private, noncommercial air landing field.

Regulations.

Approval of the Pennsylvania Department of Transportation, Bureau of Aviation shall be secured.

No air landing field shall be established if its flight pattern will overlap with the flight pattern of any existing air landing field.

L8.

Nonresidential Radio and Television Towers, Masts, Aerials, Dish Antenna and Silos.

Definition. Radio, television towers, masts, aerial, dish antennas and silos that are accessory uses to a permitted use.

Regulations.

The structure shall be set back from all property lines a distance at least 1.25 times the height of the structure.

The structure shall be anchored to the ground in compliance with the Township Building Code.

On lots of 10 acres or smaller, dish antenna, radio towers and television towers shall not be located in the front yard. On lots greater than 10 acres, these uses shall not be located in the minimum front yard as specified in this chapter.

The diameter of antenna shall not exceed nine feet.

When separately supported, the total height of any antenna shall not exceed 10 feet, unless approved as a conditional use.

Roof mounting of an antenna is not recommended. If roof mounted, the 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 antenna exceed three feet in diameter. Antennas shall not be mounted on chimneys.

No more than one antenna shall be permitted on any lot.

When not roof mounted, a tower or 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 erection of an antenna, a screening plan must be submitted to and approved by the Township.

L9.

Off-Street Parking.

Definition. Area used for the off-street parking of vehicles, boats, etc.

Regulations.

Regulations for this use are as contained in Part 29 of this chapter.

All requirements of the Township land development/subdivision regulations shall be met.

L10.

Signs.

Definition. See § 27-2601 for definition of specific sign types.

Regulations.

Regulations for this use are as contained in Part 26 of this chapter.

L11.

Helistop.

Definition. A helistop is an area, either at ground level or elevated on a structure, used for the loading, taking off and landing of helicopters. There are no hangers, passenger buildings, repair or refueling facilities permitted with this use. A helistop must comply with all of the following regulations:

Regulations.

The appropriate license and approvals shall be secured from the Bureau of Aviation, Pennsylvania Department of Transportation and the Federal Aviation Administration (FAA).

The area, dimensional, coverage and buffering requirements of the district in which the helistop is located shall be observed.

The design of the helistop shall meet the criteria provided in Chapters 4 through 8, inclusive and Appendices I and II of Heliport Design Criteria, Federal Aviation Administration, Department of Transportation Advisory Circular AC No. 150/5390-1B dated August 22, 1977, as revised or amended.

The owners, lessees and operators of the helistop shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:

(a)

The establishment of flight patterns and ground traffic patterns;

(b)

The location of warm-up areas and parking areas; and

(c)

The requirements of this chapter shall be met so as to create the least amount of noise, dust, dirt, disturbance, annoyance, hazard and limitation on the enjoyment of the residents and property owners of New Britain Township.

Normal hours of operation shall be 7:00 a.m. to 10:00 p.m. No more than two flights per day shall be permitted between the hours of 10:00 p.m. and 7:00 a.m., local time, unless waived by the Board of Supervisors.

The helistop shall be protected by a safety barrier or fence not less than three feet in height above grade to preclude unauthorized persons from entering the operational area. Sufficient warning and identification signs shall be installed on the exterior side of the fence for the information of the general public. The Board of Supervisors may allow waivers of the fence, barrier and/or sign requirements in appropriate cases.

A helistop shall be located not less than 600 feet from a residential district as measured from the center of the helipad to the residential district line provided that helicopters using the helistop are limited to the following:

(a)

Piston-engined helicopters having maximum gross weights up to 4,000 pounds.

(b)

Turbine-engined helicopters having maximum gross weights up to 11,500 pounds.

(c)

Helistops serving helicopters which do not meet these requirements shall be located not less than 800 feet from a residential district line.

A helistop shall be located not less than 200 feet from the center line of a public road.

The temporary use of a site as a helistop may be granted by the Board of Supervisors only in conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity after reasonable advance notice has been given to the New Britain Township Police of the intention to do so.

10.

The provisions of this chapter shall not prevent the occasional landing of helicopters without prior approval, for emergencies and law enforcement purposes.

L12.

Cafeteria.

Definition. A kitchen and dining facility used only by the employees and occasional visitors of the principal office, research or industrial use that owns the area occupied by the cafeteria.

Regulations.

All applicable state and federal regulations regarding the preparation and serving of food shall be observed.

L13.

Training Center.

Definition. A facility within an office, research or industrial use reserved for training employees of the principal use.

Regulations.

The training facility shall clearly be a subordinate, ancillary part of the principal use.

L14.

Nonresidential Solar Energy System.

Definition. Any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy, for space heating or cooling, water heating, or electricity for a nonresidential property that may be mounted on a building or on the ground and is not the primary use of the property.

Solar Panels. A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable energy by way of a solar energy system.

Regulations.

Ground-array solar panels shall be permitted in accordance with the following:

(a)

(b)

Ground arrays shall not be permitted in a front yard.

(c)

Ground arrays shall be located so that any glare or reflection is directed away or is properly buffered from adjoining properties.

(d)

Ground arrays shall not exceed a height of 20 feet.

Roof-mounted solar panels shall be permitted in accordance with the following:

(a)

(b)

Integrated or separate flush-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street, unless such installation is proven to be ineffective or impossible. The removal of potential obstructions, such as interceding vegetation, shall not be sufficient cause for permitting a front-facing installation.

(c)

Any roof-mounted solar panels other than those described in Subsection b.3.(a) and (b) of this section shall only be permitted in accordance with the following conditions:

Such other roof-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street.

The applicant shall demonstrate to the satisfaction of the Township Engineer that the proposed use of roof-mounted solar panels is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board of Supervisors and may be reviewed by any other Township professional that the Board of Supervisors deems necessary.

(d)

In no event shall the placement of any solar panels result in a total height of the building (including the panels) exceeding 35 feet.

(e)

Roof-mounted solar panels shall be placed so as to prevent reflection and glare to adjacent properties.

Solar energy systems are permitted under this section only as accessory uses to a nonresidential principal use for which the solar energy system is providing energy. Any solar energy systems designed or proposed to primarily sell energy on the open market shall be deemed a G1 Utilities use.

The design of the solar energy system shall conform to applicable industry standards.

On existing construction, a solar energy system may be installed as long as it meets the requirements of this chapter and all other applicable construction codes.

Abandonment and Removal of Solar Energy Systems.

Any solar panel (roof or ground) which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

All structural enclosures accessory to the solar panels shall be completely removed from the property to a place of safe and legal disposal.

The former solar site shall be restored to as natural condition as possible within six months of the removal from the property.

The installation of solar energy systems is subject to all public utility requirements for interconnection with the utility's system, if applicable.

L15.

Non-Residential Fences and Walls.

Definition. Structures such as fences and free-standing walls. Zoning permits are not required for replacing an existing fence in the same location, likeness and height provided it was legally conforming at the time it was installed. A zoning permit is required to replace a free-standing wall.

Regulations.

Fences:

(a)

Any fence located in the front yard shall not be 100% opaque and shall not exceed four feet in height. Wire mesh may be attached to the inside of split rail fences if desired.

(b)

A fence located anywhere, except the front yard, may have a height of up to six feet.

Walls.

(a)

Retaining walls measured four feet or higher from the lowest grade to the top of the wall, tiered walls, and walls with surcharges from adjacent slopes, foundation loads, or other loads, shall require a zoning permit and review and approval of all required plans, details, calculations, and specifications by the Township Engineer.

(b)

Walls may be one foot in height for every two feet they are set back from a property line, up to a maximum height of six feet in the rear or side yard. No wall shall exceed four feet in the front yard.

General regulations for walls and fences.

(a)

Fences and walls shall not be required to comply with accessory structure setbacks.

(b)

Fences or walls shall not be permitted within the Township ultimate right-of-way or PennDOT legal right-of-way, within any clear sight triangle, nor within any easement without permission of the beneficiary of the easement.

(c)

The onus shall be on the property owner to identify the property line to ensure that there are no non-compliant fence or wall encroachments onto adjoining property.

(d)

(e)

Structures such as fences, walls, or signs shall be built, constructed, and/or installed so that the front or "good side" of the structure faces outward from the lot.

Exemptions:

(a)

Conventional fences required for farm use, agricultural use and related § 27-305 facilities on properties in excess of five acres shall be exempt from the fence regulations of this chapter, except for height regulations.

(b)

Fences required in the Butler Corridor Overlay District shall be in accordance with § 22-722.4D(7) of the Subdivision and Land Development Ordinance.