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Township of Carroll, PA
York County
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Table of Contents
Table of Contents
A. 
In addition to the general criteria for uses within a particular zone established in Article II and general regulations for uses established in Article IV, this Article III sets forth standards that shall be applied to each individual use identified herein. The standards of this Article III must be satisfied before approval of any application for a special exception, conditional use, or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this Article III shall be in addition to the general criteria for special exceptions and conditional uses set forth in Articles VI or VII, as applicable. The applicant shall be required to demonstrate compliance with all applicable standards and shall furnish whatever evidence is necessary to demonstrate such compliance.
B. 
All uses identified in Article III must comply with the general regulations for the zone in which the use is to be located unless different standards are established by this article; if different standards are established by this article, these different standards for the use shall apply in addition to any other general regulations which are not inconsistent with Article III.
Adult-related uses are permitted as provided in Article II herein and subject to the following criteria:
A. 
An adult-related use shall not be permitted to be located within 1,000 feet of any other adult-related use;
B. 
No adult-related use shall be located within 600 feet of any zoning district boundary line;
C. 
No adult-related use shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park;
(2) 
Camp (for minors' activity);
(3) 
Child-care facility;
(4) 
Church or other similar religious facility;
(5) 
Community center;
(6) 
Museum;
(7) 
Park;
(8) 
Playground;
(9) 
School; or
(10) 
Other lands where minors congregate.
D. 
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult entertainment establishment to the closest point on the property line of said land use. The distance between any adult entertainment establishment and the zoning district boundary line shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult entertainment establishment to the closest point on the zoning district boundary line;
E. 
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure;
F. 
Any building or structure used and occupied as an adult-related use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure;
G. 
No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein;
H. 
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry;
I. 
No adult-related use may change to another adult-related use, except upon approval of an additional special exception;
J. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate;
K. 
No unlawful sexual activity or conduct shall be permitted; and
L. 
No more than one adult-related use may be located within one building or shopping center.
Airports/heliports are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: 30 acres for airports and 15 acres for heliports;
B. 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;
C. 
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application; and
D. 
No part of the takeoff/landing strip and/or pad shall be located nearer than 500 feet from any property line, nor within 1,000 feet of any existing residential use.
Amusement arcades are permitted as provided in Article II herein and subject to the following criteria:
A. 
All activities shall take place within a completely enclosed building;
B. 
The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the arcade; and
C. 
A plan for the cleanup of litter shall be furnished and implemented by the applicant.
Animal hospitals and kennels are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least five acres; otherwise, the minimum lot area requirement of the applicable zone shall apply;
B. 
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located on the opposite side of the building from parking areas or at least 200 feet away with a landscape screen. Outdoor animal pens, stalls and runways shall also be screened with a landscape screen from adjoining properties, and shall be a minimum of 300 feet from all property lines;
C. 
The site shall be designed to minimize impact of any noise or odor on any adjoining property;
D. 
In addition to the individual pens, the building and/or fence enclosure must provide two means of restricting access to help prevent accidental escapes; and
E. 
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be implemented.
Automobile filling stations are permitted as provided in Article II herein and subject to the following criteria:
A. 
Underground storage tanks shall be a minimum of five feet above seasonal high water table, and set back a minimum of 200 feet from perennial streams, ponds and wetlands;
B. 
Best management practices must be employed and maintained to minimize chemicals in stormwater;
C. 
A fully redundant leak prevention and monitoring system shall be installed and maintained;
D. 
The subject property shall have a minimum width of 125 feet;
E. 
The subject property shall have access from a collector road;
F. 
All structures (including underground tanks) shall be located at least 300 feet from the closest point on the exterior lot line of any lot containing a school, day-care facility, park, playground, library, hospital or nursing, rest or retirement home;
G. 
The outdoor storage of motor vehicles (whether capable of movement or not) for more than two weeks is prohibited;
H. 
All structures (including air compressors, kiosks, canopies, gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line;
I. 
All equipment, auto parts, dismantled or disabled vehicles, whether registered or not, unregistered vehicles, and supplies shall be located within a completely enclosed structure;
J. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residence; and
K. 
The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
Banks and similar financial institutions are permitted as provide in Article II herein subject to the following criteria:
A. 
All drive-through lanes and automated teller machines shall be located, and each site shall contain convenient parking spaces, so that the off-site movement of vehicles will not be hampered by the drive-through;
B. 
A minimum of 60 feet of shared on-site stacking for a drive-through and ATM, a minimum of nine feet wide preceding the dedicated access drives or aisles is required;
C. 
Each drive-through lane shall have a minimum of 40 feet of dedicated on-site stacking, a minimum of nine feet wide preceding the window or ATM, exclusive of access drives or aisles; and
D. 
Any exterior microphone/speaker system shall be designed, arranged, and operated so as to prevent objectionable noise impact on adjoining properties.
Bed-and-breakfasts are permitted as provided in Article II herein and subject to the following criteria:
A. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used;
B. 
Any modifications to the external appearance of a building (except fire escapes) shall complement its residential character;
C. 
All floors above or below grade shall have a permanently affixed direct means of escape to ground level;
D. 
All parking areas shall be set back a minimum of 25 feet from all property lines and shall be screened from adjoining lots and streets;
E. 
Meals shall be offered only to registered overnight guests;
F. 
The applicant shall furnish proof of any needed land development approvals;
G. 
Guests shall not stay more than 21 days in any calendar year; and
H. 
Regardless of regulations found elsewhere within this chapter, signs are permitted for this use at a maximum of two square feet per side and a maximum height of six feet.
Boardinghouses are permitted as provided in Article II herein and subject to the following criteria:
A. 
The minimum lot area requirements shall be 20,000 square feet plus 500 square feet additional lot area per boarder (up to six boarders);
B. 
The applicant shall furnish evidence that public water and sewer service shall be used;
C. 
No modifications to the external appearance of the building which would alter its residential character shall be permitted;
D. 
All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level;
E. 
The applicant shall furnish proof of any needed land development approval; and
F. 
A fifteen-foot landscape screen along side and rear lot lines is required.
Campgrounds are permitted as provided in Article II herein and subject to the following criteria:
A. 
The minimum lot size for all campgrounds shall be 50 acres;
B. 
In no case shall there be more than 10 campsites per acre within the campground;
C. 
All campsites shall be located at least 100 feet from any side or rear property line and at least 100 feet from any street line;
D. 
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining properties. All outdoor play areas shall be used exclusively by registered guests and their visitors;
E. 
A fifty-foot-wide landscape buffer shall be provided adjacent to all property lines and public road right-of-way lines;
F. 
All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leakproof and verminproof that shall be set back a minimum of 200 feet from any property line and shall be screened;
G. 
Any accessory retail or accessory commercial uses shall be set back a minimum of 200 feet from any property line. Such accessory retail or commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these retail or commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory retail and commercial uses and related parking spaces shall be screened from adjoining properties;
H. 
A minimum of 40% of the gross area of the campground shall be devoted to active and passive recreational facilities;
I. 
Every campground shall have an office and a public phone. The public phone shall be accessible 24 hours per day, and the office shall be staffed 24 hours per day;
J. 
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vermin control shall be approved and maintained in accordance with the requirements of the PA DEP;
K. 
All lighting shall be arranged and shielded so that no glare of direct illumination shall be cast upon adjacent properties or public streets;
L. 
All campgrounds containing more than 100 campsites shall have vehicular access to a collector street as identified in Township ordinances;
M. 
An internal road system shall be provided. The improved cartway width of one-way access drives shall be at least 12 feet, and the improved cartway width of two-way access drives shall be at least 18 feet. On-drive parallel parking shall not be permitted;
N. 
Roads and access drives shall be provided in such a manner so that ingress and egress for each campsite lot is provided without encroaching or entering upon any other campsite lot;
O. 
The minimum area of a campsite shall be 2,500 square feet and shall be so dimensioned, improved, and arranged that when occupied no part of any unit including accessory attachments shall be within 10 feet of any designated campsite boundary;
P. 
Each campsite may be occupied only by:
(1) 
One recreational vehicle or one trailer or one camper or one tent;
(2) 
Two tents;
(3) 
One recreational vehicle and one tent;
(4) 
One trailer and one tent; or
(5) 
One camper and one tent; and shall have one stabilized parking space large enough for at least one RV and one automobile;
Q. 
No permanent structures shall be permitted on any campsite other than fireplaces;
R. 
No recreational vehicle may be parked within a campground for more than 90 consecutive days. No recreational vehicle which has been parked in a campground may return to that campground for a period of at least 90 days;
S. 
No persons shall be permitted to permanently reside on any campsite; and
T. 
A fire prevention and protection plan shall be provided.
Car wash facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Public sewer and public water facilities shall be utilized and gray water recycling is required;
B. 
For automatic and self-service car washes, each washing bay shall provide a minimum one-hundred-foot-long on-site stacking lane which precedes the washing process. For full service car washes, such on-site stacking shall be a minimum of 300 feet per bay;
C. 
For full service car washes, a post-washing drying area shall be provided for no less than six vehicles per washing bay;
D. 
All structures housing washing apparatuses shall be of masonry construction and set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line;
E. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris;
F. 
The subject property shall front on an arterial or major collector road; and
G. 
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.
Cemeteries are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area shall be five acres with a 10% maximum impervious coverage;
B. 
All burial plots or structures shall be located at least 20 feet from any property line or street line;
C. 
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery;
D. 
No burial plots or facilities are permitted in floodplain or within the riparian buffer zone as defined in Chapter 428, Stormwater Management;
E. 
A ten-foot landscaping buffer designed in accordance with the SALDO shall be provided along the perimeter of the lot contiguous to the cemetery;
F. 
An ornamental fence or 20 feet landscape buffer designed in accordance with the SALDO shall be provided along the perimeter of the lot contiguous to the cemetery where the lot abuts an existing residential use or a residential zoning district; and
G. 
No parking area shall be located within the required front, side or rear yards.
Churches are permitted as provided in Article II herein and subject to the following criteria:
A. 
Places of worship.
(1) 
Minimum lot area: one acre plus one additional acre for every 100 additional sanctuary seats or fraction thereof above 500 seats;
(2) 
Minimum lot width: 200 feet;
(3) 
Maximum lot coverage: 20%;
(4) 
Maximum building height: 45 feet, except that steeples, spires, domes and similar architectural features may exceed this maximum, provided the feature is set back an additional one foot from each property line for each foot of additional height above the maximum;
(5) 
Setbacks: 50 feet on each side, front and rear; and
(6) 
All off-street parking areas shall be set back at least 25 feet from the street right-of-way line.
B. 
Church-related residences (rectories and convents).
(1) 
All residential uses shall be accessory, and located upon the same lot or directly adjacent to a lot containing a house of worship; and
(2) 
All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the site's zone, except that any number of persons of a convent and/or seminary may share group quarters.
C. 
Church-related educational or day-care facilities. Church-related educational or day-care facilities are permitted as provided in Article II herein and are subject to the requirements for said uses enumerated elsewhere in this chapter.
D. 
Parking. Required parking spaces must be calculated and provided based on each proposed use on the parcel. Shared parking for multiple uses is permitted, provided the applicant can demonstrate that the demand for the uses does not occur at the same time, and that the shared parking meets all the requirements for shared parking facilities elsewhere in this chapter.
Commercial convenience centers are permitted as provided in Article II herein and subject to the following criteria:
A. 
No individual lot within the commercial convenience center shall contain less than two acres nor be less than 200 feet wide;
B. 
A commercial convenience center shall include a combination of at least three of the following uses:
(1) 
Automobile filling stations (including accessory service and/or repair facilities);
(2) 
Banks and other similar financial institutions;
(3) 
Barbers and beauty salons;
(4) 
Convenience grocery and/or dairy stores;
(5) 
Dry cleaner store branches (not including on-site cleaning);
(6) 
Pharmacies and/or drugstores;
(7) 
Photocopying stores;
(8) 
Photographic studios;
(9) 
Restaurants, including fast-food facilities, but excluding drive-through facilities;
(10) 
Retail sales of stationery, office supplies;
(11) 
Other retail service businesses.
C. 
No commercial convenience center shall exceed five acres in size;
D. 
All buildings, structures, parking lots, off-street loading areas, dumpsters and access drives associated with a commercial convenience center shall be set back at least 100 feet and screened with a thirty-foot landscape screen from any adjoining property within the AC, RA, RS-1, RS-2, RS-3, and MU-1 Zones or any residential use;
E. 
No more than two access drives shall provide vehicular access to a commercial convenience center. All access shall comply with the provisions of Article IV and the requirements of the SALDO. If it is possible for an access drive(s) to connect to an arterial, or a road of lesser designation, then the access drive(s) shall connect to the road of lesser designation; and
F. 
A thirty-foot landscaped buffer shall be provided along street right-of-way.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, are permitted as provided in Article II and subject to the following criteria:
A. 
The applicant shall demonstrate that the proposed location is necessary for the efficient operation of the system;
B. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission or evidence that no such approval is required;
C. 
Building-mounted communications antennas shall not be located on any single-family residential, single-family semidetached, or single-family attached dwelling;
D. 
In addition to the other requirements of this section, building-mounted communications antennas shall not be permitted to exceed the height limitations of the applicable zone by more than 20 feet;
E. 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter;
F. 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width;
G. 
The applicant shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the communications antenna location;
H. 
The applicant shall submit detailed construction and elevation drawings indicating how the communications antennas will be mounted on the structure;
I. 
The applicant shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the communications antennas are to be mounted so that installation and maintenance of the communications antennas and communications equipment building can be accomplished;
J. 
The applicant proposing communications antennas to be mounted on any existing tower shall completely enclose the tower by an eight-foot high non-climbable fence with a self-locking gate with a combination lock, and posted for "no trespassing" and "Danger" all located outside of the existing leased area;
K. 
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation;
L. 
Communications antennas shall not cause radio frequency interference with other communications facilities;
M. 
A communications equipment building shall be subject to the height and setback requirements of the applicable zone for an accessory structure;
N. 
The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission to operate such antennas;
O. 
Except where installed on an existing public utility transmission tower, existing water tank, or existing communications tower, the communications antennas and related equipment and facilities shall be visually disguised or concealed, and the applicant shall submit testimony on how the communications antennas and related equipment and facilities will be disguised or concealed so that they are not visible from the surrounding area;
P. 
The applicant shall submit a plan for the removal of the communications antenna and related equipment and facilities when they become functionally obsolete or are no longer in use. The applicant shall furnish a bond or other guarantee, acceptable to the Township Solicitor, guaranteeing the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete; and
Q. 
The Township may require the applicant to post a maintenance or performance bond in an amount sufficient to secure the installation and maintenance of the communications antenna and related equipment and facilities during their lifetime.
Communications antennas, towers and equipment are permitted as provided in Article II herein and subject to the following criteria:
A. 
The applicant must demonstrate that the proposed location is necessary for the efficient operation of the system;
B. 
An applicant proposing construction of a new communications tower shall demonstrate that such applicant has made a good faith effort to obtain permission to mount the antenna(s) on existing structures (water tank, electrical transmission tower, communication tower, etc.). A good faith effort shall require that applicant contact all owners of potentially suitable structures within a one-mile radius of the proposed communication tower site and that one or more of the following reasons for not selecting such existing structure or communications tower apply:
(1) 
The proposed antenna(s) and related equipment would exceed the structural capacity of the existing structure or tower, and reinforcement of such existing structure or tower is not possible.
(2) 
The proposed antenna(s) and related equipment would cause radio frequency interference with other existing equipment at that location and that such interference cannot be prevented.
(3) 
Such existing structures or towers do not have adequate location, space, access or height to accommodate the proposed antenna(s) and related equipment or to allow it (them) to perform its (their) intended function.
(4) 
Addition of the proposed antenna(s) and related equipment would result in electromagnetic radiation from such location exceeding applicable standards established by the Federal Communications Commission.
(5) 
Applicant could not reach a commercially reasonable agreement with the owner of existing structures or towers.
C. 
The applicant shall provide a written commitment that it will rent space on a tower to other communications providers to minimize the total number of towers necessary within the region. In order to reduce the number of communications antenna support structures needed in the future, any proposed support structure shall be designed, and certified to by a professional engineer, to accommodate other users, including, but not limited to, police, fire and emergency services;
D. 
The applicant shall demonstrate that the communication tower and all communication antennas to be installed on the communication tower are the minimum height required to function satisfactorily. In no event shall the height of the communication tower and/or antennas exceed the maximum permitted height of the applicable zone by more than 40 feet;
E. 
Any communication tower shall be set back from each property line a distance equal to its height, but in no circumstances less than 50 feet from any property line. This setback shall also be applicable to guide wire anchors for the communication tower;
F. 
All towers shall be completely enclosed by an eight-foot-high nonclimbable fence with a self-locking gate secured with a combination lock, and posted for "No Trespassing" and "Danger," all located outside of the existing leased area;
G. 
The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the toppling of any communication tower onto adjoining properties and/or roads and the wind-borne scattering of ice onto adjoining properties and/or roads. The applicant shall be required to implement construction methods or standards to prevent such occurrences;
H. 
Communication towers shall be sited so as to separate them from adjacent activities and structures located on adjoining lots;
I. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration and the Federal Communications Commission;
J. 
Communication towers which contain communication antennas which are capable of transmitting signals shall not create electrical, electromagnetic, microwave, or other interference off site;
K. 
The applicant shall submit a plan for the removal of the communication tower and all communications antennas on such communication tower and all related equipment and facilities when they become functionally obsolete or are no longer in use. The applicant shall furnish a bond or other guarantee, acceptable to the Township, guaranteeing the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete;
L. 
The Township may require the applicant to post a maintenance or performance bond in an amount sufficient to secure the installation and maintenance of the communications tower, communications antenna and related equipment and facilities during their lifetime;
M. 
A communications equipment cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 12 feet in height;
N. 
Towers shall be designed to blend into their surroundings in such a way that they are camouflaged from ground level view to minimize visual obtrusiveness;
O. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings;
P. 
A landscape plan shall be prepared in accordance with the landscaping requirements of Chapter 435, Subdivision and Land Development. A landscape screen shall be required to screen as much of the height of the communications tower as possible, the fence surrounding the communications tower, and any other ground-level features (such as equipment cabinets or a building);
Q. 
Existing vegetation on and around the site shall be preserved to the greatest extent possible, and maintained according to an approved maintenance plan; and
R. 
Towers shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must comply with the lighting standards of this chapter.
Contractor's offices or shops are permitted as provided in Article II herein, subject to the following criteria:
A. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with the state and federal regulations.
(2) 
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size.
(3) 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), including specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
B. 
The maximum illuminated size shall be two acres. The total maximum building area shall not exceed 8,000 square feet in all zones except the Commercial and Industrial Zones;
C. 
A traffic impact report shall be prepared by a professional traffic engineer, according to the requirements of the SALDO;
D. 
Retail sales shall not exceed 20% of the floor area;
E. 
Within all zones except the C, I, and MU-2 zone, outdoor storage of materials is prohibited. Outdoor storage must be screened from view by structures and/or a thirty-foot-minimum-width landscape screen;
F. 
A thirty-foot landscaped screen shall be provided from any loading/unloading dock area that adjoins any residential zoning district and/or residential use. Such screening shall comply with the requirements of Article IV and the SALDO; and
G. 
The hours of operation and site activities shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, and 8:00 a.m. to 9:00 p.m. on Saturday. (Operation and site activities shall include, but not be limited to deliveries, vehicles starting or arriving on site, use of backup beepers and radios, starting or running of equipment, moving of materials, use of tools, etc.)
Convention centers are permitted as provided in Article II herein and subject to the following criteria:
A. 
Convention centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development:
(1) 
Banquet and social halls;
(2) 
Commercial day-care facilities;
(3) 
Health and fitness clubs;
(4) 
Hotels and motels;
(5) 
Indoor theaters and recreation facilities;
(6) 
Information centers and booths;
(7) 
Meeting rooms;
(8) 
Offices;
(9) 
Retail services;
(10) 
Restaurants (excluding fast-food restaurants);
(11) 
Retail shops and concessionaires; and
(12) 
Taverns and nightclubs.
B. 
Minimum required lot area: 10 acres;
C. 
All uses shall be served by both public sewer and public water utilities;
D. 
Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use. If, at any time after the opening of the facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Supervisors can require the applicant to revise and/or provide additional on-site parking space;
E. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means of access to relieve the undue congestion;
F. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution;
G. 
Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted;
H. 
A traffic impact report shall be prepared by a professional traffic engineer, according to requirements of the SALDO;
I. 
No exterior public address system shall be permitted; and
J. 
All uses within the convention center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.
Commercial day-care facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Outdoor play areas. A minimum of 100 square feet of usable outdoor play space and 40 square feet of usable indoor play space must be provided for each child present at the facility. Outdoor play areas shall be landscaped with a minimum of one shade tree per 400 square feet of play area. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened with a twenty-foot landscape screen from adjoining residentially zoned properties;
B. 
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;
C. 
Passenger "dropoff" and "pickup" areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;
D. 
All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania; and
E. 
The applicant shall demonstrate that adequate safeguards are provided to protect students from nearby industrial activities and uses.
Family day-care facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
A minimum of two parking spaces shall be provided in addition to those parking spaces required for the dwelling;
B. 
Parking shall be arranged such that there is no need to back up onto a collector road;
C. 
All family day-care facilities shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Human Services, if required; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Outdoor play areas shall not be located between the front of the building and the street or access right-of-way, unless located more than 150 feet from the right-of-way.
Dry cleaners and laundries are permitted as provided in Article II herein and subject to the following criteria:
A. 
Public sewer and water shall be used;
B. 
All activities shall be conducted within a completely enclosed building;
C. 
During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed; and
D. 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
Essential services shall be permitted in any zone, except in areas of the FPO District, without regard to the use and area regulations; provided, however, that building, structures and equipment erected for these services shall be subject to the following regulations:
A. 
Where feasible, front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located;
B. 
Height shall be as required by the district regulations;
C. 
All buildings and equipment shall be enclosed with a chain link fence six feet in height. A minimum of a 35-foot landscape screen meeting the requirements of the SALDO and Article IV shall be provided along the perimeter of the lot in all zones except Industrial and Commercial. In these zones a 15 feet landscape buffer meeting the requirements of the SALDO and Article IV shall be provided along the perimeter of the lot;
D. 
In all zones other than C, I, when the equipment is totally enclosed within a building, and the building is designed and constructed to emulate the residential character of the surrounding area through the use of brick, stone, stucco, residential windows and doors, and architectural-grade shingles, the landscape screen may be reduced to 20 feet along all property lines except the front, which may be reduced to a twenty-foot landscape buffer;
E. 
The access to the essential service must be paved;
F. 
In residential districts, the permitted essential services facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing excessive noise, vibration, smoke, odor or hazardous effect shall be installed; and
G. 
Site development plans of the facility shall be submitted to the Township for review and approval, as provided in the Zoning Ordinance and Chapter 435, Subdivision and Land Development.
Farmers markets and/or flea markets are permitted as provided in Article II herein and subject to the following criteria:
A. 
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above;
B. 
The retail sales area shall be set back at least 50 feet from all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;
C. 
All outdoor display and sales of merchandise shall not begin prior to 7:00 a.m. and shall cease no later than 7:00 p.m. local time;
D. 
No exterior amplified public address system shall be permitted;
E. 
The applicant shall be required to demonstrate adequacy of sewage disposal and water supply; and
F. 
Exterior trash receptacles shall be provided with any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
Fuel storage and supply is permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot size is 10 acres;
B. 
All tanks, equipment and appurtenances must be set back a minimum of 200 feet from all industrial zoned property lines and 500 feet from any nonindustrial use or zone boundary;
C. 
An impervious liner is required below all tank containment systems. All tanks shall have a containment system capable of holding tank contents in the event of a rupture;
D. 
An emergency response plan must be completed and sent to the EMA Coordinator with the building permit application;
E. 
A fifty-foot landscape buffer is required along all property lines;
F. 
Tanks shall be maintained in good working order, free of rust. Tanks and appurtenances shall be painted a neutral color that minimizes reflective glare; and
G. 
Unused tanks and appurtenances shall be removed from the site within six months notification from the Township.
Golf courses and driving ranges are permitted as provided in Article II herein and subject to the following criteria:
A. 
Golf courses and driving ranges shall be considered a "development" and subject to the requirements thereof;
B. 
All proposed golf courses, and driving ranges shall submit legible accurate site plans drawn to a scale;
C. 
Golf courses and driving ranges shall provide runoff control;
D. 
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway;
E. 
Golf cart paths shall not be permitted to cross any public road at grade;
F. 
All buildings shall be set back 75 feet from any adjoining street right-of-way and 100 feet from adjoining residential use or zone;
G. 
Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:
(1) 
Clubhouse, which may consist of
(a) 
Administrative offices;
(b) 
Day care for those using the golf course;
(c) 
Game rooms, including card tables, billiards, ping-pong, video games, pinball machines, and other similar table games;
(d) 
Golf cart and maintenance equipment storage and service facilities;
(e) 
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;
(f) 
Locker and rest rooms;
(g) 
Retail sales not to exceed 5,000 square feet of floor area; and
(h) 
Restaurant, snack bar, lounge, and banquet facilities.
(2) 
Accessory recreation amenities located outside of a building, including:
(a) 
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;
(b) 
Driving range, provided that the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties and streets;
(c) 
Hiking, biking, horseback riding, and cross-country ski trails;
(d) 
Picnic pavilions, picnic tables, park benches, and barbecue pits;
(e) 
Playground equipment and play lot games, including four-square, dodgeball, tetherball, and hopscotch;
(f) 
Practice putting greens;
(g) 
Swimming pools; and
(h) 
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
(3) 
Freestanding maintenance equipment and supply buildings and storage yards.
H. 
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened with a thirty-foot landscape screen meeting the requirements of Article IV and the SALDO from adjoining residential properties and roads;
I. 
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads; and
J. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees or offering of services (roaming parking lot attendants, bag check, etc.) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, in addition to any other enforcement remedies, the Township can require the applicant to revise means of access to relieve the undue congestion.
Health and fitness clubs are permitted as provided in Article II herein and subject to the following criteria:
A. 
Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses;
B. 
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, at least 25 feet from all other lot lines, and at least 100 feet from any residentially zoned properties; and
C. 
Any accessory eating facilities, or retail use, shall not be directly accessible without passing through the main clubhouse building and shall not be located in a separate building.
Health-care campuses, nursing homes, and hospitals are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: five acres;
B. 
The subject property shall have direct access to collector road;
C. 
Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment;
D. 
Applicant shall provide an overall landscaping plan for the health care campuses, nursing homes, and hospitals which attempts to incorporate and utilize existing natural features and preserves and promotes native species. A natural buffer screening plan shall also be submitted with the landscaping plan and shall address screening of adjoining residential dwellings or appropriate sensitive areas;
E. 
Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties or adjacent residential use or is separated by at least 300 feet from residentially zoned properties or adjacent residential use;
F. 
Public sewer and public water utilities shall be utilized;
G. 
Materials and waste handling. If requested by the Township, all health care-related uses shall furnish information regarding materials and waste handling, including:
(1) 
Listing of all materials to be both used or produced on the site;
(2) 
Listing of all wastes generated on the site; and
(3) 
Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within the county which have been contracted to dispose of the materials and wastes used or generated on-site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
H. 
Where more than one of the uses enumerated below are proposed either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment;
I. 
Permitted uses.
(1) 
Commercial day-care facilities;
(2) 
Commercial schools with exclusively health care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;
(3) 
Health and fitness clubs;
(4) 
Hospitals and hospices;
(5) 
Intermediate care and skilled nursing facilities;
(6) 
Medical offices;
(7) 
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities; and
(8) 
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a) 
Administrative offices;
(b) 
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam-generation facility, heating facility, ventilation facility, and oxygen facility);
(c) 
Automobile parking lots and parking garages;
(d) 
Housing for students, employees and their families in accordance with the standards of the R Zone;
(e) 
Lodging facilities for patients and their families;
(f) 
Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings within this zone;
(g) 
Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health-care providers, or the public regarding health care issues;
(h) 
Helistop; and
(i) 
Incinerators and autoclaves.
J. 
Specific requirements for selected accessory uses:
(1) 
Heliport. The heliport shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The heliport shall not include auxiliary facilities, such as fueling and maintenance equipment. The heliport shall meet all requirements for heliports as a principal use. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards; and
(2) 
Incinerators and autoclaves. Only the processing of waste generated on-site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leak- and vector-proof. No on-site storage of waste shall exceed seven days. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
K. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall be forwarded to the agencies responsible for ambulance service in the site's vicinity for comments regarding the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
Home improvement and building supply stores are permitted as provided in Article II herein and subject to the following criteria:
A. 
The retail sales area shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas as listed above;
B. 
All exterior retail sales areas shall be paved and be completely enclosed with a minimum six-foot-high fence and gate. All exterior retail sales areas shall maintain a minimum of five feet of unobstructed sidewalk for pedestrians;
C. 
All exterior storage and retail sales areas (exclusive of nursery and garden stock) shall not be located any closer to the road or access right-of-way than the front of the building as determined by the Zoning Officer;
D. 
No exterior public address system shall be permitted;
E. 
Any drilling, cutting, sawing, mixing, crushing or some other preparation of building materials, plus any testing or repair of motorized equipment shall be conducted within a completely enclosed building; and
F. 
Storage of carts within the parking area or access drives is prohibited, except in cart corals. Adequate cart storage area shall be provided inside the building.
Home occupations are permitted as provided in Article II herein and subject to the following criteria:
A. 
The use, if approved as a special exception or variance by the Zoning Hearing Board, shall not follow with the title of the land, but rather, the approval shall automatically terminate upon conveyance of the property to another owner(s);
B. 
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes;
C. 
Only a person who is a resident of the dwelling may be engaged in the home occupation use;
D. 
No more than one home occupation may be located in any dwelling unit or on any property;
E. 
The home occupation shall not alter the appearance of the building as a dwelling unit;
F. 
Any mechanical equipment employed in a home occupation shall be inaudible at the property line;
G. 
No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises;
H. 
Any proposed manufacturing, other than the products of customary hobbies and fabrication of garments by a seamstress shall, if requested, provide written evidence that the storage, use and disposal of materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, and county requirements;
I. 
No goods shall be displayed and no services rendered so as to be visible from the exterior of the premises; and
J. 
Home occupations shall be limited to not more than 30% of the floor area of the dwelling unit, or 500 square feet, whichever is less.
Home occupations in accessory structures are permitted as provided in Article II herein and subject to the following criteria:
A. 
The use, if approved by the Zoning Hearing Board, shall not follow with the title of the land, but rather the approval shall automatically terminate upon conveyance of the property to another owner(s);
B. 
The use shall be clearly incidental to the primary use of the premises as a dwelling for living purposes;
C. 
Only a person who is a resident of the dwelling may be engaged in the home occupation use;
D. 
No more than one home occupation may be located in any dwelling unit or on any property;
E. 
The home occupation shall not alter the appearance of the building as a dwelling unit;
F. 
Any mechanical equipment employed in a home occupation shall be inaudible at the property line;
G. 
No sales of any goods or merchandise shall occur on the premises, other than those goods or merchandise which are produced on the premises;
H. 
Any proposed manufacturing, other than the products of customary hobbies and fabrication of garments by a seamstress shall, if requested, provide written evidence that the storage, use and disposal of materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, and county requirements;
I. 
No goods shall be displayed so as to be visible from the exterior of the premises; and
J. 
The parking area required for the home occupation shall be regarded as a potential nuisance and shall be subject to screening to minimize any adverse effect on the immediate area.
Hotels, motels, and similar lodging facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: five acres;
B. 
Maximum residence hotel/motel room density: 10 suites per net developable acre;
C. 
Maximum floor area ratio: 0.30 per net developable acre;
D. 
Both public sewer and public water shall be utilized;
E. 
The following accessory uses may be approved as part of the application:
(1) 
Auditorium;
(2) 
Barber and beauty shops;
(3) 
Gift shop;
(4) 
Meeting facilities;
(5) 
Recreational uses and swimming pools;
(6) 
Restaurants;
(7) 
Sauna, spa or steam room;
(8) 
Solarium;
(9) 
Tavern or nightclub;
(10) 
Valet shop; and
(11) 
Other similar retail sales and personal services.
F. 
The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main hotel building, except that one freestanding restaurant or tavern shall be permitted on the same lot as a principal hotel, subject to the following:
(1) 
The proposed restaurant or tavern shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or take-out services shall be permitted;
(2) 
No additional freestanding signs (other than those permitted for the principal hotel use) shall be permitted;
(3) 
Sufficient required off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant or tavern without interfering with required off-street parking associated with the hotel use; and
(4) 
No part of any tavern shall be located within 600 feet of any residentially zoned land.
Intensive animal operations are permitted as provided in Article II herein and subject to the following criteria:
A. 
Setback requirements. Any building or structure constructed or adapted to house an intensive animal operation or to be otherwise used in connection with an intensive animal operation shall maintain the following setbacks:
(1) 
From any property line, at least a three-hundred-foot setback. The 300 feet will be measured from the closest part of the building to the lot line. Five hundred feet from any off-site residential zone or use.
(2) 
From a watercourse, floodplain, lake, pond, or wetland, at least 300 feet.
(3) 
From any well used for human consumption, in any manner, at least 300 feet.
B. 
The applicant shall submit a nutrient management plan, a soil and water conservation plan, a waste management plan, a fly control plan and an odor abatement or control plan. Applicant shall demonstrate that each plan will use the then-current best management practices to minimize adverse effects of the intensive animal operation. Applicant shall provide evidence that each required plan meets the standards of any governmental entity having jurisdiction to approve the plan and meets or exceeds recommendations of the Pennsylvania Department of Agriculture, Penn State Cooperative Extension Service, and trade organizations. The intensive animal operation shall establish and maintain compliance, at all times, with the requirements of the Pennsylvania Nutrient Management Act[1] and file any plan required thereunder with the appropriate state or federal agency. At all times during the continuance of the intensive animal operation, applicant shall implement the nutrient management plan, soil and water conservation plan, waste management plan, fly control plan, and odor abatement or control plan;
[1]
Editor's Note: See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
C. 
The minimum lot area for an intensive animal operation shall be 25 acres. In the event that parcels of contiguous land in common ownership consist of more than one lot, the owner must merge such tracts by a recordable agreement with the Township, which will preclude the tract from being placed in separate ownership without Township subdivision approval. (An operator/owner of such operation may not transfer land resulting in a reduction of acreage to less than 25 acres. Leased land may not be considered for acreage hereunder.);
D. 
The applicant shall provide the Township with evidence that the applicant has designed the proposed facility in a manner to maximize conservation of water. The applicant shall identify specific techniques, such as catching and use of water from the roof of the structure, or shall provide the Zoning Hearing Board with evidence as to why such water conservation measures cannot be utilized;
E. 
The applicant shall provide the Township with the name, address, and telephone number of a person to contact in the event the Township receives complaints concerning the intensive animal operation or in the event of emergency. Applicant shall additionally provide the Township with an alternate point of contact in the event that the Township is unable to reach the designated contact person; and
F. 
The erection of any new structure housing animals or birds shall require a special exception. Any special exceptions for an intensive animal operation granted under this section shall be limited to the number of structures and the number of animals or birds set forth in the application.
Junkyards are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres;
B. 
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot high, completely opaque fence which shall be set back at least 50 feet from all property lines and 100 feet from a residential zone or use;
C. 
An seventy-foot landscape buffer, and a thirty-foot landscape screen shall be required when adjoining a residential zone. A thirty-foot landscape screen and a twenty-foot landscape buffer shall be required along all other property lines. All landscaping shall meet the requirements of this chapter and the SALDO;
D. 
All buildings used to store junk shall be completely enclosed and shall be set back at least 50 feet from all property lines;
E. 
No material may be stored or stacked so that it is visible from adjoining properties and roads;
F. 
All additional federal and state laws shall be satisfied;
G. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet, nor a width of 50 feet and a length of 200 feet;
H. 
No material shall be burned at any time;
I. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors; and
J. 
No junkyard shall be located on land with a slope in excess of 6%.
A. 
Kennels up to and including 25 animals are permitted as provided in Article II herein and subject to the following criteria:
(1) 
The minimum lot area is three acres;
(2) 
Buildings housing animals shall be kept 150 feet from a residential zone or use, and 75 feet from other property lines;
(3) 
Fenced-in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 300 feet from a residentially zoned lot or use and 100 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.;
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
B. 
Kennels housing 25 to 75 animals are permitted as provided in Article II herein and subject to the following criteria:
(1) 
The minimum lot area is 10 acres;
(2) 
Buildings housing animals shall be kept 300 feet from a residential zone or use, and 150 feet from other property lines;
(3) 
Fenced-in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 500 feet from a residentially zoned lot or use and 250 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.;
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
C. 
Kennels housing 75 animals or more in the Agricultural-Conservation Zone (AC) are permitted as provided in Article II herein and subject to the following criteria:
(1) 
The minimum lot area is 25 acres;
(2) 
Buildings housing animals shall be kept 500 feet from a residential zone or use, and 300 feet from other property lines;
(3) 
Fenced in outdoor runs shall be provided for each animal;
(4) 
Outdoor runs shall be kept 750 feet from a residential zoned lot or use and 400 feet from other property lines;
(5) 
Hours of operation shall not exceed 7:00 a.m. to 8:00 p.m., and outdoor exercise of animals shall not exceed 9:00 a.m. to 4:00 p.m.;
(6) 
Site shall be configured to direct noise away from adjoining properties, through siting of runs, walls, berms, and landscaping.
Laboratories for scientific or industrial research and development are permitted as provided in Article II herein and subject to the following criteria:
A. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site operations, the materials used, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(2) 
The total number of employees on each shift, and an overall needed site size; and
(3) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, and will not cause the loss of use or enjoyment of adjoining properties.
Laundromats are permitted as provided in Article II herein and subject to the following criteria:
A. 
Public sewer and water shall be used;
B. 
All activities shall be conducted within a completely enclosed building;
C. 
Any exhaust ventilation equipment shall be directed away from adjoining residential use or residentially zoned property;
D. 
The operator of the facility shall have a representative on site for all hours of operation; and
E. 
The applicant shall offer testimony that the proposed use will be controlled so as to not constitute a nuisance due to noise or loitering inside and outside the building.
Manufacturing, storage and/or wholesaling of light industrial products is permitted as provided in Article II herein and subject to the following criteria:
A. 
Both public sewer and water shall be utilized;
B. 
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
(1) 
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;
(2) 
The total number of employees on each shift, and an overall needed site size;
(3) 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, and
(4) 
A traffic impact report prepared by a professional traffic engineer, according to the requirements of the SALDO.
Medical residential campuses are permitted as provided in Article II herein and subject to the following criteria:
A. 
The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old, or possess some disability that can be treated within a setting like the medical residential campus;
B. 
The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques;
C. 
Residences shall be functionally, physically, and architecturally integrated with medical service and recreational activity centers;
D. 
Commercial, medical, and recreational uses shall be grouped together and located near the populations being served;
E. 
The minimum land area devoted to the campus shall be 10 contiguous acres;
F. 
The site shall have direct access to a collector street;
G. 
All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 75 feet from all adjoining residentially zoned land, and 50 feet from all lot lines of the campus property;
H. 
The maximum permitted overall density shall not exceed the maximum permitted density of the zone in which the facility is to be located. For purposes of this section, each 1.5 care beds associated with a medical use shall constitute one dwelling unit. No less than 50% and no more than 15% of the total number of permitted dwelling units shall consist of care beds;
I. 
All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property;
J. 
Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to the following:
(1) 
Medical facilities which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;
(2) 
Commercial uses which are strictly related and subordinate to the residential/medical character of the campus, and which directly serve the residents and employees of, or visitors to, the center. The uses shall be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area; and
(3) 
Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, or their guests.
K. 
The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Township may attach conditions of approval that seek to assure adequate levels of service.
Methadone treatment facilities are permitted as provided in Article II herein and subject to the provisions of § 621 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10621.
Mini-warehouses are permitted as provided in Article II herein and subject to the following criteria:
A. 
Mini-warehouses shall be designed and function as one integral connected structure that forms an enclosed courtyard where other mini-storage buildings may be placed and accessed internally. The exterior of the building shall be masonry and shall not provide access to mini-storage units from the perimeter of the site;
B. 
Any buildings proposed within the interior courtyard shall not be visible from any point outside the building, both on site and off;
C. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when mini-storage units open onto one side of the lane only, and at least 30 feet wide when mini-storage units open onto both sides of the lane;
D. 
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional outside storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such outside storage area is located internal to the complex (within the courtyard). This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles;
E. 
All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above;
F. 
Mini-warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
(1) 
Auctions, commercial wholesale or retail sales, or garage sales;
(2) 
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;
(3) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;
(4) 
The establishment of a transfer and storage business; and
(5) 
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
G. 
The applicant shall adequately demonstrate that all mini-warehouses' rental and/or use contracts shall specifically prohibit these uses.
Mobile (or, manufactured) home parks are permitted as provided in Article II herein, and are subject to the following requirements:
A. 
The minimum parcel size for any manufactured home park development shall be five acres;
B. 
All manufactured home parks shall be served with public sewer and public water service;
C. 
The maximum number of manufactured home units shall be limited to five units per acre;
D. 
All manufactured home parks shall be provided with a perimeter landscape buffer that is at least 50 feet wide;
E. 
No single manufactured home lot shall contain less than 4,200 square feet;
F. 
No manufactured home lot shall be within 50 feet of a park boundary, nor within 50 feet of an outside street right-of-way. The perimeter of the parent tract or the right-of-way line(s) of existing streets shall constitute the park boundary;
G. 
No manufactured home, office or service building shall be located within 50 feet of a park boundary; nor within 75 feet of an outside street right-of-way; nor within 10 feet of the right-of-way of an interior park street, or the paved edge of a common parking area or common walkway; nor within 25 feet of an adjacent structure or other manufactured home;
H. 
Each manufactured home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In no case shall the distance between any two manufactured homes be less than 20 feet;
I. 
A concrete sidewalk of a minimum width of three feet shall be provided to each manufactured home unit from an adjacent street;
J. 
There shall be a common sidewalk system four feet wide throughout the development;
K. 
All roads in the park shall be private access drives, shall be lighted to maintain four footcandles at ground level, and shall be paved and curbed in accordance with street standards of the SALDO at least 24 feet wide without on-street parking. When on-street parking is provided, each on street parking lane shall be eight feet wide;
L. 
Within a five-and-one-half-foot tree lawn, street trees shall be planted and continuously maintained in accordance with SALDO requirements;
M. 
Each manufactured home lot shall abut on a park access drive with access to such access drive. Access to all manufactured home lots shall not be from public streets or highways;
N. 
Each manufactured home space shall contain no more than one manufactured home, nor more than one family;
O. 
No less than 20% of the total manufactured home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required manufactured home park landscape buffer. No service buildings or offices may be constructed within the required recreation and open space area. Said recreation area shall be in addition to recreation areas required elsewhere in this chapter and/or the SALDO. Should the landowner and/or operator neglect to maintain the designated recreational and open space areas as depicted on the plan, the Township may then cause such required maintenance to occur, and assess the landowner for any costs incurred;
P. 
Protective skirting shall be placed around the area between the ground surface and the floor level of each manufactured home;
Q. 
No travel or vacation trailer or other form of temporary living unit shall be placed upon any manufactured home stand or used as a dwelling within the manufactured home park;
R. 
Individual manufactured home owners may install accessory or storage sheds, extensions and additions to manufactured homes and exterior patio areas. Any such facilities so installed shall not intrude into any required minimum front, side or rear yard, and in every case, shall substantially conform in style, quality and color to the existing manufactured homes;
S. 
Each manufactured home shall be provided with a minimum of two paved parking spaces which shall be located on the manufactured home space. If on street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served;
T. 
Each manufactured home shall be placed on an eight-inch-thick poured concrete pad over a four-inch AASHTO #57 stone base, the length and width of which shall be at least equal to the length and width of the manufactured home it is to support;
U. 
Each manufactured home concrete pad shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply. Each manufactured home concrete pad shall have properly designed ties downs that shall be used to anchor the manufactured home; and
V. 
All manufactured home parks shall be screened with a landscape screen from adjoining residential zone or use and roads. Screening methods shall be described and graphically depicted as part of any conditional use application.
W. 
Within FW (Floodway Area), FA (Floodplain Area), or FF (Flood-Fringe Area), manufactured homes shall be prohibited.
X. 
Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1) 
Placed on a permanent foundation.
(2) 
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
(4) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2003 International Residential Building Code or the United States Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto shall apply and 34 Pa. Code, Chapters 401 through 405.
Motor vehicle sales and service facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Exterior maintenance and preparing of vehicles for sale is prohibited;
B. 
All service and/or repair activities shall be conducted within a completely enclosed building;
C. 
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;
D. 
Outdoor storage areas for parts, equipment, lubricants, fuel, etc. is prohibited;
E. 
Except for the display of vehicles for sale, the storage of unlicensed or unregistered vehicles is prohibited;
F. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property;
G. 
All vehicles and machinery not for sale, shall be repaired and removed from the premises within 14 consecutive calendar days;
H. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within one week of arrival;
I. 
The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;
J. 
All motor vehicle sales and service facilities shall comply with the lighting requirements as contained in the SALDO;
K. 
Display of motor vehicles on a grass or unstabilized surface is prohibited. All proposed display areas shall be designed and constructed in accordance with the parking lot requirements of the SALDO;
L. 
Proposed display areas shall be set back from any street right-of-way a minimum of 30 feet and shall include a 30 feet landscape buffer;
M. 
Exterior washing of vehicles is prohibited and wastewater from the washing of vehicles shall be discharged to a sanitary sewer system permitted for this purpose; and
N. 
Vehicles shall not be parked, stored, or otherwise displayed within street right-of-way, landscape buffers or screens, or stormwater facilities, or on top of on-lot sewage disposal absorption areas.
Multiple-family dwellings are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: two acres;
B. 
All units must be connected to public sewer and public water systems;
C. 
Minimum required setbacks. All structures and dumpsters shall be set back at least 50 feet from every property line. Off-street parking and loading shall be set back at least 25 feet from every property line. Interior building setbacks shall be as follows:
(1) 
Front to front, rear to rear, or front to rear, approximately parallel buildings shall have at least 0.6 times the average length of the buildings between faces of the building or 70 feet, whichever is greater. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end;
(2) 
A minimum yard space of 30 feet is required between end walls of buildings;
(3) 
Buildings shall front a road, parking area, courtyard, or other building front, not the side or rear of another building, unless said buildings are separated by a minimum of 100 feet; and
(4) 
A minimum yard space of 40 feet is required between end walls and 80 feet from rear face to rear face of buildings, and 60 feet from rear to side.
D. 
Buildings shall be set back a minimum of 25 feet from any parking lot, aisle, or access drive;
E. 
The area to the front of the building shall be landscaped with a mixture of shrubs and hedges with a minimum of four such elements provided for each ground-floor unit. Two shade trees per first floor unit shall be planted along the perimeter of the building;
F. 
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and the SALDO;
G. 
At least 40% of the development site shall be devoted to common open space, said 40% shall not include wetlands, floodplain, and slopes in excess of 25%. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be spread throughout the development. For the purposes of this section, the yard area between ground-floor units and the parking lot and a strip of land 20 feet long by the width of the ground floor unit, shall not be considered open space. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter and the SALDO.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Each townhouse shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 200 square feet in area. At least 150 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood;
I. 
Each townhouse shall have an attached storage area, a minimum of 40 square feet, incorporated into the design of the unit, and accessible from the exterior of the unit. A garage (attached or detached) shall satisfy this requirement;
J. 
Sidewalks shall connect pedestrian destinations such as building fronts, mailbox pedestals, and adjacent developments;
K. 
No more than 10 townhouse units per building are allowed. No grouping shall exceed an overall length of 200 feet;
L. 
Forty percent of the townhouse fronts shall be staggered from the remaining fronts within a building a minimum of two feet; and
M. 
A forty-foot landscape screen along public or private street right-of-way is required when the townhouse rear fronts said public or private street right-of-way.
N. 
In addition to other parking requirements listed in this chapter, each proposed townhouse shall provide an additional one off-street parking space per two dwelling units located within 300 feet of each unit. Off-street parking facilities with 12 or fewer spaces may be designed as dead-end facilities.
O. 
On-street (or access drive) parking, where provided, shall be designed as parallel parking spaces.
P. 
Maximum building height may be increased up to an additional 10 feet, provided the required front setback is increased in an amount equal to 1/2 the increase in height, and provided the structure is not more than three stories.
Nightclubs and taverns are permitted as provided in Article II herein and subject to the following criteria:
A. 
Buildings shall be set back 200 feet from any AC, RA, RS-1, RS-2 Zone, or residential use;
B. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light, and/or litter;
C. 
All structures and parking facilities/access drives and aisles on the subject property shall be screened from view from any adjacent residential use with a twenty-foot landscape screen. Screening shall meet the requirements of this chapter and the SALDO;
D. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building; and
E. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
Off-track betting parlors are permitted as provided in Article II herein and subject to the following criteria:
A. 
An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor;
B. 
No off-track betting parlor shall be located within 600 feet of any AC, RA, RS-1, RS-2, RS-3, or MU-1 Zone;
C. 
No off-track betting parlor shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
(1) 
Amusement park;
(2) 
Camp (for minors' activity);
(3) 
Church or other similar religious facility;
(4) 
Park;
(5) 
Playground;
(6) 
School.
D. 
The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off-track betting parlor to the closest point on the property line of said land use;
E. 
No more than one off-track betting parlor may be located within one building or shopping center;
F. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter;
G. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;
H. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant; and
I. 
All off-track betting parlors shall comply with state law.
Protected open space land in all subdivisions shall meet the following standards:
A. 
The following uses are permitted in open space areas:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(2) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(3) 
Pastureland for horses. Equestrian facilities shall be permitted but may not consume more than 80% of the minimum required open space land.
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry.
(5) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact.
(6) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space land. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and meet all other parking space requirements in accordance with Chapter 435, Subdivision and Land Development.
(7) 
Golf courses, including their parking areas and associated structures, may comprise up to 80% of the minimum required open space land, but shall not include miniature golf.
(8) 
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space. See Chapter 428, Stormwater Management, for multiple-use concepts and aesthetic design guidelines for stormwater detention facilities.
(9) 
Easements for drainage, access, sewer or water lines, or other public purposes.
(10) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but the easement area associated with the utility shall not count toward the minimum required open space land.
B. 
Open space design standards.
(1) 
The required open space land shall consists of both primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs).
(2) 
Open space lands shall remain undivided. In no case shall less than 25% of the land comprising the "adjusted tract area" be available for the common use and passive enjoyment of the subdivision residents.
(3) 
Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural open space buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for trail construction). Where this buffer is unwooded, the Board of Supervisors will require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(4) 
Greens, commons and squares shall have a minimum area of 0.25 acre and a maximum area of 0.75 acre. A village green shall preferably be surrounded by roads or, at a minimum, abut a road on at least one side for a length equal to 25% of its circumference.
(5) 
A method of delineating private lots from common open space areas shall be provided. Such method may include shrubbery, trees, markers or other methods acceptable to the municipality.
(6) 
Not more than 1/3 of open space shall be used for stormwater management.
C. 
Other requirements.
(1) 
No portion of any building lot may be used for meeting the minimum required open space land, except as permitted within estate lots. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space land.
(2) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with §§ 450-12B and 450-13B herein, shall be provided to open space land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 25 feet in width.
(b) 
Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
D. 
Permanent open space protection through conservation easements. In Option 1 and 2 subdivisions, the open space land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. Permitted and conditional uses of open space lands shall be in accordance with § 450-68A herein. Easements shall be shown on plan and surety posted for their recordation.
E. 
Ownership and maintenance of open space land and common facilities.
(1) 
Development restrictions. All open space land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in § 450-68A.
(2) 
Ownership options. The following methods may be used, either individually or in combination, to own open space areas and associated common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) 
Fee simple dedication to Carroll Township. Carroll Township may, but shall not be required to, accept any portion of the common facilities, provided that:
[1] 
There is no cost of acquisition to Carroll Township; and
[2] 
Carroll Township agrees to and has access to maintain such facilities.
(b) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as "common element."
(c) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1] 
The applicant shall provide Carroll Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
[2] 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
[3] 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
[4] 
The association shall be responsible for maintenance and insurance of common facilities;
[a] 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
[b] 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to Carroll Township no less than 30 days prior to such event; and
[c] 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d) 
Private conservation organization or York County. With permission of Carroll Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to York County, provided that:
[1] 
The conservation organization is acceptable to Carroll Township and is a bona fide conservation organization intended to exist indefinitely;
[2] 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or York County becomes unwilling or unable to continue carrying out its functions;
[3] 
The open space land is permanently restricted from future development through a conservation easement and Carroll Township is given the ability to enforce these restrictions; and
[4] 
A maintenance agreement acceptable to Carroll Township is established between the owner and the organization or York County.
(e) 
Dedication of easements to Carroll Township. Carroll Township or an Authority as its designee may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by Carroll Township. In addition, the following regulations shall apply:
[1] 
There shall be no cost of acquisition to Carroll Township;
[2] 
Any such easements for public use shall be accessible to the residents of Carroll Township; and
[3] 
A maintenance agreement shall be reached between the owner and Carroll Township.
(f) 
Non-common private ownership. Up to 80% of the required open space land may be included within one or more large "estate lots" of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 450-68A, and that Carroll Township is given the ability to enforce these restrictions.
(3) 
Maintenance.
(a) 
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b) 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space lands and operation of common facilities in accordance with the following requirements:
[1] 
The plan shall define ownership;
[2] 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
[3] 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
[4] 
The applicant shall be required to escrow sufficient funds for the estimated maintenance costs of common facilities for a one-year period;
[5] 
Any changes to the maintenance plan shall be approved by the Board of Supervisors; and
[6] 
The plan shall, when including stormwater management facilities as an integrated part of the open space area, include any applicable Township or DEP requirements for proper maintenance and operation of stormwater management facilities.
(c) 
In the event that the organization established to maintain the open space lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, Carroll Township may assume responsibility for maintenance, in which case, any escrow funds may be forfeited and any permits may be revoked or suspended.
(d) 
Carroll Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by Carroll Township in the office of the Prothonotary of York County.
Pet-grooming facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Public sewer is required.
B. 
No overnight boarding of animals.
C. 
Three parking spaces per employee shall be provided.
Personal care facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
Both public sewer and public water shall be utilized;
B. 
The site shall contain at least two acres;
C. 
All parking areas shall be set back a minimum of 25 feet from all property lines;
D. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized; and
E. 
The maximum overall density shall not exceed the maximum permitted density of the zone in which the facility is located.
Photographic, music, art and dance studios are permitted as provided in Article II herein and subject to the following criteria:
A. 
Passenger "dropoff" and "pickup" areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
Private clubs are permitted as provided in Article II herein and subject to the following criteria:
A. 
Both public sewer and public water shall be used;
B. 
All private clubs shall front on and have access to a public road;
C. 
All off-street parking shall be provided as required by Article IV of this chapter, and is to be set back 30 feet from any adjoining residential use;
D. 
Outdoor recreation/activity areas shall be set back at least 50 feet from any property line;
E. 
A thirty-foot landscape screen shall be provided along any adjoining residentially zoned property, in accordance with Article IV of this chapter; and
F. 
The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the clubhouse, or glare of lighting on adjoining properties and streets.
Public transportation depots are permitted as provided in Article II herein and subject to the following criteria:
A. 
The applicant shall submit a traffic impact report in accordance with SALDO requirements;
B. 
The site shall be designed to minimize queuing of vehicles whereby vehicles would have to intermittently move short distances within the site. Design features such as "sawtooth" pickup and dropoff areas, whereby each vehicle can move independently without waiting for other vehicles, shall be utilized;
C. 
The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed, off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces if demand increases. The applicant shall also present credible evidence that the stacking area provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;
D. 
The applicant shall submit for review and approval a plan to minimize idling of diesel-powered vehicles and prohibit the revving of diesel-powered vehicles while not in gear. In general, the plan shall prohibit the idling of diesel engines for periods in excess of five minutes, and identify unique conditions where the nonroutine idling for longer periods of time are justified. Once approved, the plan shall be binding and implemented by the applicant. Implementation shall include posting of the requirements of the plan conspicuously on the site;
E. 
The subject property shall have a minimum of 300 feet of road frontage along an arterial or collector road;
F. 
All structures shall be set back at least 50 feet from any street right-of-way line;
G. 
Trash receptacles shall be provided amid off-street parking areas that shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant; and
H. 
Any exterior public address system shall be designed, arranged, and operated so as to be inaudible at the property line of adjoining parcels.
Quarries and other extractive-related uses are permitted as provided in Article II herein and subject to the following criteria:
A. 
General quarry operations.
(1) 
Shall be a self-sufficient operation such that each parcel where an extractive-related use operates shall provide all necessary equipment buildings, processing facilities, pits, offices, parking and any other necessary or related facility without need for crossing Township roads at grade;
(2) 
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;
(3) 
May not adversely affect any public or private water supply source;
(4) 
May not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township;
(5) 
May not create any significant damage to the health, safety or welfare of the Township and its residents and property owners;
(6) 
May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation;
(7) 
Must demonstrate compliance with all applicable state regulations at all times; and
(8) 
Must provide and perpetually implement a dust abatement plan, including but not limited to street washing and vacuuming, and water spraying for on-site dust control.
B. 
Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan in accordance with SALDO requirements, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
(1) 
The boundaries of the proposed land affected, together with the drainage area above and below the area;
(2) 
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area;
(3) 
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants;
(4) 
The purpose for which each building is used; and
(5) 
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
C. 
Minimum lot area: 100 acres;
D. 
Maximum height of stock or waste piles: 50 feet;
E. 
Landscaping and screening. A fence measuring at least eight feet in height must enclose the area of actual quarrying or extraction. A one-hundred-foot landscape buffer shall be provided along the perimeter of the property, in addition a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six-foot top width and sides no steeper than 4:1, shall be provided. Such berm shall be located on the quarry site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc. generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and the SALDO;
F. 
Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:
Quarry-Related Feature
Existing Residential Use
(feet)
Existing Nonresidential Building
(feet)
Adjoining Road
(feet)
Public/ Nonprofit Park
(feet)
Cemetery or Stream Bank
(feet)
Adjoining Property
(feet)
Stock piles or spoil piles (from toe of slope)
300
300
200
300
100
300
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.)
500
300
200
300
100
300
Quarry pit (top of natural slope of any excavation)
500
300
200
300
300
300
On-site access roads and off-street parking, loading and vehicle storage and weighing and washing facilities
300
300
200
300
300
300
Other operational equipment, structures and/or improvements
500
300
300
300
100
100
G. 
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.
(1) 
All access drives shall be designed and located so as to comply with the SALDO;
(2) 
Quarries must design and perpetually maintain and use vehicle wash areas for every vehicle leaving the site to prevent dust, mud, or sediment from leaving the site; and
(3) 
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 500 feet from the intersecting street right-of-way line to the vehicle wash area. In addition, a fifty-foot-long clean gravel (open-graded gravel) section of access drive shall be placed and perpetually maintained just prior to the vehicle wash area to help collect any sediment or mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud, dust, or sediment from public roads caused by vehicles traveling to and from the site.
H. 
Traffic impact. The applicant shall furnish a traffic impact report prepared by a professional traffic engineer, as outlined in Article IV of the SALDO;
I. 
Reclamation. The applicant shall demonstrate compliance with § 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[1] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to PA DEP;
[1]
Editor's Note: See 52 P.S. § 3301 et seq., Noncoal Surface Mining Conservation and Reclamation Act 1984.
J. 
Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all of the following:
(1) 
The name or number of the operation;
(2) 
The location of the operation with reference to the nearest public road;
(3) 
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.;
(4) 
The name and address of the landowner or his duly authorized representative;
(5) 
An annual report of the type and quantity of mineral produced;
(6) 
The current status of the reclamation work performed in pursuance of the approved reclamation plan;
(7) 
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed; and
(8) 
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
K. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(1) 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study shall be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer.
(2) 
A water use proposing a water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for groundwater recharge ample to supply its demand, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
All information required for well feasibility studies as required in the SALDO;
(b) 
Calculations of the projected water needs;
(c) 
A geologic map of the area with a radius of at least one mile from the site;
(d) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(e) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(f) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(g) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(h) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and
(i) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
Recycling dropoff facilities shall be permitted as provided in Article II herein and subject to the following criteria:
A. 
This use shall not be bound by the requirements for recycling processing facilities;
B. 
All materials shall be kept in closed containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards;
C. 
Adequate provision shall be made for movement of trucks if needed and for off-street parking;
D. 
A fifty-foot-wide landscape buffer shall be provided between this use and any abutting residential use;
E. 
This use may constitute a principal use or an accessory use (including an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a house of worship or a Township or municipal use), subject to the limitations of this section;
F. 
Materials to be collected shall be of the same character as the following materials; paper, fabric, cardboard, plastic, metal, aluminum, and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with recyclables. Only materials clearly being actively collected for recycling may be stored on-site; and
G. 
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning, and closely similar work. No burning or land filling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling cardboard.
Recycling processing facilities shall be permitted as provided in Article II herein and subject to the following criteria:
A. 
There shall be no outdoor storage of materials processed, used or generated by the facility. When vehicles are not entering or exiting the facility, doors used to access indoor storage shall be maintained in the closed position, completely securing the facility;
B. 
The applicant shall offer expert testimony to demonstrate adequate provisions will be taken to prevent the attraction of insects or rodents and to avoid fire hazards, and measures used to mitigate problems associated with noise, dust, fumes, and litter;
C. 
Loading and unloading facilities shall not be located on any side of the building facing a residential use;
D. 
A three-hundred-foot-wide buffer yard, preceded with a thirty-foot landscape screen in accordance with this chapter and the SALDO, shall be provided between this use and any abutting residential use or zone; in all other circumstances a one-hundred-foot landscape buffer is required along the perimeter of the use;
E. 
No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with recyclables. Only paper, glass, plastics, and metals which are clearly capable of being recycled may be processed on-site;
F. 
All operations, including collection, shall be conducted within a completely enclosed building;
G. 
No burning or land filling shall occur;
H. 
Except within the C/I Zone, the use shall not include the collection or pressing of pieces of metal that have a weight greater than 50 pounds;
I. 
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within 500 feet of an existing residential use; and
J. 
The applicant shall provide and perpetually implement a plan for the cleaning up and control of litter.
Temporary residential real estate sales trailers are permitted as provided in Article II herein and subject to the following criteria:
A. 
The temporary residential real estate sales trailer shall be placed on its own lot and shall meet all required minimum setbacks.
B. 
A stone driveway and parking area shall be provided and maintained.
C. 
A minimum of eight on-site parking spaces shall be provided.
D. 
The temporary residential real estate sales trailer must be removed within eight months of recording the final plan.
E. 
Financial security in a form acceptable to the Township in an amount determined by the Township not to exceed $5,000 to guarantee removal of the temporary residential real estate sales trailer within eight months of recording the final plan.
F. 
The temporary residential real estate sales trailer must be equipped with a satisfactory and sanitary means of sewage disposal.
G. 
A generator, if desired, must be placed as far as practical from existing residential uses and screened from view with an opaque fence.
H. 
A maximum of two 150W (max.) spotlights may be placed if directed away from existing residential uses.
I. 
The temporary residential real estate sales trailer must have skirting from the trailer bottom to grade.
A. 
A minimum of four parking spaces are required in addition to any other required parking spaces for any restaurant proposing to conduct or conducting carry-out service. (Any parking spaces reserved for carry out service shall not count toward the required minimum parking required for restaurants elsewhere by this chapter);
B. 
All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter; and
C. 
Through the use of sidewalk, textured pavement, and pavement markings pedestrian routes shall be provided from parking areas to the building entrance.
Drive-through restaurants are permitted as provided in Article II herein and subject to the following criteria:
A. 
The design shall minimize conflicts between pedestrians and vehicles in the drive-through;
B. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter;
C. 
Any exterior speaker/microphone system shall be arranged and/or screened to be inaudible on adjoining properties;
D. 
All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence;
E. 
No part of the subject property shall be located within 200 feet of any AC, RA, RS-1, RS-2 Zone;
F. 
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and the SALDO; and
G. 
Each drive-through lane shall have a dedicated lane with a minimum of 40 feet between order location and the pickup window, and a total of 200 feet of on-site stacking preceding the order location.
Fast-food restaurants are permitted as provided in Article II herein and subject to the following criteria:
A. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter;
B. 
All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence; and
C. 
No part of the subject property shall be located within 200 feet of any AC, RA, RS-1 or RS-2 Zone.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Retail drive-through service is permitted as provided in Article II herein and subject to the following criteria:
A. 
The design shall minimize conflicts between pedestrians and vehicles in the drive-through;
B. 
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan and perpetually implement said plan for the cleanup of litter;
C. 
Any exterior speaker/microphone system shall be arranged and/or screened to be inaudible on adjoining properties;
D. 
A thirty-foot landscape screen shall be provided along any adjoining residential use or zone, in accordance with this chapter and the SALDO; and
E. 
Each drive-through lane shall have a dedicated lane with a total of 100 feet of on site stacking preceding the order or service area.
Riding stables are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres;
B. 
Any structure used for the boarding of horses shall be set back at least 200 feet from any property line;
C. 
All stables shall be maintained so to minimize odors perceptible at the property line;
D. 
All outdoor training or show facilities or areas shall be set back 50 feet from all property lines; and
E. 
All outdoor training, show, riding, boarding, or pasture areas shall be enclosed by a minimum four-foot-high fence.
Sawmills are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area: 10 acres;
B. 
All cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building;
C. 
No material shall be deposited or stored, and no building or structure shall be located within 200 feet of any property line, and 500 feet of any property within an RS-1, RS-2, or RS-3 Zone;
D. 
Any external area used for the unloading, transfer, storage, or deposition of material must be completely screened from view at the property line by using a thirty-foot-wide landscape screen;
E. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads; and
F. 
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long clean gravel section of driveway shall be placed and maintained just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.
Public and private schools (excluding vocational and mechanical trade schools) are permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot size. The minimum lot size shall be based upon the following standards for school sites:
(1) 
Elementary: 10 acres.
(2) 
Middle school or junior high: 20 acres.
(3) 
Senior high: 35 acres.
B. 
In the event more than one school classification will exist in different buildings on the site, then the above minimum acreages shall be cumulative.
C. 
Minimum setback. The minimum front, side and rear setbacks shall be 100 feet.
D. 
Maximum coverage: 25%.
E. 
No parking area shall be permitted within the required setbacks.
F. 
All buildings shall be set back at least 100 feet from any adjoining land within a residential zone.
G. 
A thirty-foot landscape buffer is required along the perimeter of the site.
H. 
If education is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties.
I. 
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
J. 
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.
K. 
The applicant shall demonstrate the availability of adequate water supply and sewage disposal.
Septage compost processing operations are permitted as provided in Article II herein and subject to the following criteria:
A. 
Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leak- and vector-proof;
B. 
The applicant must demonstrate compliance and continue to comply with all applicable state and federal standards and regulations;
C. 
A five-hundred-foot landscape buffer is required from any adjoining residential use or zone. A two-hundred-foot landscape buffer is required from all roads and nonresidential adjoining properties;
D. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads;
E. 
All accessways and loading/unloading areas within the site shall be paved;
F. 
The unloading, processing, and transfer of septage and septage compost shall be continuously supervised by a qualified facility operator;
G. 
Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations;
H. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the Authority will supply the water needed;
(1) 
In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Township Engineer.
(2) 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development, shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
Calculations of the projected water needs;
(b) 
A geologic map of the area with a radius of at least one mile from the site;
(c) 
The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution;
(d) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(e) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table;
(f) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study; and
(g) 
The study shall meet all requirements of the SALDO.
I. 
The applicant shall provide the design for and perpetually implement an air filtration system so that the odors from the facility will not be noticeable at the property lines;
J. 
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road network shall be provided by the applicant to insure safe turning movements to and from the site and safe through-movement on existing roads, and shall demonstrate that the existing roads are capable of supporting the increased truck traffic. If roads are weight restricted, then the roads must be reconstructed to be structurally sufficient to handle anticipated truck traffic; and
K. 
All ventilation outlets must be oriented away from any land within a residential zone.
Indoor shooting ranges are permitted as provided in Article II herein and subject to the following criteria:
A. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan;
B. 
There shall be no overnight accommodations;
C. 
The applicant shall present expert testimony to establish that sufficient soundproofing shall be provided to render the sound of discharge of any firearm inaudible when outside the building in which the indoor shooting range is located; and
D. 
All operations shall be conducted in accordance with National Rifle Association guidelines.
Outdoor shooting ranges are permitted, as provided in Article II herein and subject to the following criteria:
A. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan;
B. 
The sides and rear of the firing range, including the entire safety fan, shall be enclosed with a six-foot-high non-climbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch tall, red letters on a white background shall be posted at a maximum of fifty-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!";
C. 
All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials;
D. 
The applicant shall present credible evidence that the sounds of shooting in the nearest residential zone does not exceed the ambient noise level;
E. 
The range boundaries must be at least 500 feet from any property or street line and also located at least 1,000 yards from the nearest existing residential dwelling that is not on the same property and/or within 1,000 yards of the nearest RS-1, RS-2, RS-3, MU-1, or MU-2 Zone. The range boundaries will be determined as a one-hundred-fifty-yard radius from each of the stands;
F. 
There will be no overnight accommodations;
G. 
Hours of operation shall be consistent with State Game Lands Shoot Range Regulations, as amended; and
H. 
All operations shall be conducted in accordance with National Rifle Association guidelines.
Shopping centers are permitted as described in this chapter and subject to the following criteria:
A. 
The subject property shall front on an arterial or major collector road as defined in the Northern York County Comprehensive Plan, and all access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines. No vehicular access to the subject property shall be located within 800 feet of the intersection of an entrance or exit ramp of Pa. Route 15 with an adjoining road unless said access drive does not occur on the road intersecting with the entrance or exit ramp. Access drives must align with any street, access drive, or driveway in the area opposite the site;
B. 
Shopping center, as defined herein, with over 100,000 square feet of gross floor area shall provide a minimum of 10% interior landscaping as described in this chapter;
C. 
In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with adjoining tracts. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas;
D. 
Any shopping center must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree;
E. 
A traffic impact study shall be submitted by the applicant in accordance with Chapter 435, Subdivision and Land Development, and shall include an analysis of the interior of the shopping center site;
F. 
Convenience stores and restaurants shall be required to calculate and provide parking spaces independent of the overall shopping center; and
G. 
The proposed shopping center design shall comply with the applicable regulations contained within the following table unless more stringent regulations are found elsewhere in this chapter.[1]
[1]
Editor's Note: The Table of Shopping Center Design Requirements is included as an attachment to this chapter.
Slaughtering, processing, rendering, and packaging of food products and their by-products which are produced from the remains of animals are permitted as a principal use, subject to the provisions of Article II herein and the following criteria:
A. 
Minimum lot area: five acres;
B. 
Minimum building setback: refer to requirements of underlying zone;
C. 
The subject site shall have access to a collector or arterial road;
D. 
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;
E. 
All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;
F. 
The applicant shall furnish a working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented;
G. 
All animal wastes shall be regularly cleaned up and properly disposed of so as not to be objectionable at the site's property line;
H. 
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;
I. 
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels;
J. 
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 9:00 p.m.;
K. 
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 300 feet of any property line nor 500 feet of any land within a residential zone;
L. 
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape buffer;
M. 
Public sewer and public water will be utilized;
N. 
Sewer and water lines shall be installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines;
O. 
Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;
P. 
All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;
Q. 
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations;
R. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road;
S. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads;
T. 
All access drives shall be designed and located so as to comply with this chapter and the SALDO;
U. 
All access drives onto the site shall have a paved minimum thirty-five-foot wide cartway; and
V. 
The applicant shall furnish a traffic impact report prepared by a professional traffic engineer in accordance with the SALDO.
Temporary tent sales are permitted as provided in Article II herein and subject to the following criteria:
A. 
Maximum area occupied by tent or display of retail goods shall be limited to a continuous area of 1,200 square feet;
B. 
The tent, supports, and appurtenances, and retail displays shall not encroach on any access drive, parking lot aisle, clear sight triangle, and shall not result in an unsafe traffic condition;
C. 
The tent, supports, and appurtenances, and retail displays shall be removed within 15 days of the issuance of the zoning permit;
D. 
No temporary tent sales may be erected on any property (in any location on a property) for more than a total of 45 calendar days, intermittently or consecutively;
E. 
The application fee for temporary sales shall be set by resolution of the Board of Supervisors; and
F. 
In addition to signs allowed elsewhere in this chapter, a temporary tent sale may erect two sign faces not to exceed a height of eight feet and an area of 25 square feet per face.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Townhouses are permitted as provided in Article II herein and subject to the following criteria:
A. 
Public sewer and water shall be used;
B. 
At least 30% of the townhouses shall be at the end of their grouping. No more than 40% of the total number of townhouse groupings shall contain more than six units, and in no case shall any building contain more than 10 units;
C. 
No grouping shall exceed an overall length of 200 feet;
D. 
Each dwelling unit shall be sited on a separated lot, whether intended for sale or not;
E. 
For proposed developments all structures and dumpsters shall be set back at least 50 feet from adjoining property lines. Off-street parking, access drives, and loading shall be set back at least 50 feet from adjoining property lines;
F. 
Buildings shall be set back a minimum of 25 feet from any parking lot, aisle or access drive on common lands or jointly used through an easement agreement;
G. 
The area to the front of the building shall be landscaped with a mixture of shrubs and hedges with a minimum of four such elements provided per 15 linear feet of dwelling unit. Two shade trees per first floor unit shall be planted along the perimeter of the building;
H. 
All buildings must be set back a minimum of 100 feet from any single-family residential use, and there shall be a thirty-foot landscape buffer along the perimeter where a contiguous single-family residential use exists, constructed and maintained in accordance with this chapter and the SALDO;
I. 
At least 40% of the development site shall be devoted to common open space, said 40% shall not include wetlands, floodplain, and slopes in excess of 25%. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. One-half of the area of open space shall be landscaped as a landscape buffer (this shall be in addition to any other required landscaping) and shall be dispersed throughout the site. The location, design, ownership and maintenance of such common open space shall be subject to the requirements of this chapter and the SALDO;
J. 
Sidewalks shall connect pedestrian destinations such as building fronts, mailbox pedestals, and adjacent developments;
K. 
Forty percent of the townhouse front walls shall be staggered from the remaining townhouse front walls within a building a minimum of two feet;
L. 
Each townhouse shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 200 square feet in area. At least 150 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood; and
M. 
Each townhouse shall have an attached storage area, a minimum of 40 square feet, incorporated into the design of the unit, and accessible from the exterior of the unit. A garage (attached or detached) shall satisfy this requirement.
N. 
In addition to other parking requirements listed in this chapter, each proposed townhouse shall provide an additional one off-street parking space per two dwelling units located within 300 feet of each unit. Off-street parking facilities with 12 or fewer spaces may be designed as dead-end facilities.
O. 
On-street (or access drive) parking, where provided, shall be designed as parallel parking spaces.
P. 
Maximum building height may be increased up to an additional 10 feet, provided the required front setback is increased in an amount equal to 1/2 the increase in height, and provided the structure is not more than three stories.
A. 
These proposed guidelines are intended to advance the following community goals for TND development within the Township:
(1) 
Encourage new development that reintroduces traditional town and village character to the Township and is compatible with the Township's remaining rural character and development;
(2) 
Allow for compact, visually unified mixed-use developments with a consistent building scale and integrated village greens, open spaces and service-oriented commercial uses;
(3) 
Accommodate households of different sizes, ages and incomes by providing a mix of housing styles, types and sizes;
(4) 
Minimize negative impacts of the automobile with an interconnected and broadly rectangular pattern of streets and lanes that offers multiple routes for motorists, pedestrians and bicyclists and provides connections to existing and future developments;
(5) 
Protect and enhance natural and cultural features, including historic resources, scenic viewsheds, natural topography, woodlands, wetlands, stream corridors, steep slopes and prime agricultural soils;
(6) 
Improve the efficiencies of public services and reduce the cost of public infrastructure; and
(7) 
Promote the implementation of the objectives of the Northern York Regional Comprehensive Plan for guiding the location of growth.
B. 
The regulations set forth in this section shall apply to TND developments as permitted elsewhere in this chapter, and no other uses.
C. 
All TND developments shall comply with the following:
(1) 
The minimum parcel area to be eligible to apply for a TND development shall be 25 acres;
(2) 
A TND proposed larger than 160 acres shall be developed as multiple TNDs each subject to all requirements of this section;
(3) 
A TND project shall be developed according to single plan that depicts complete build-out of the TND tract with common authority and responsibility;
(4) 
The TND shall be connected to a public water supply system and to a public sanitary sewer system;
(5) 
The TND shall include open space in accordance with this chapter;
(6) 
The TND shall be generally consistent with the Northern York Regional Comprehensive Plan;
(7) 
Applications for sites less than 25 acres can be considered by the municipality when contiguous with or directly across a street from an existing or approved TND and the applicant has demonstrated that their proposal is consistent with this section, and the design of the contiguous TND. Parcels less than 25 acres, zoned commercial, when contiguous with or directly across a street from an existing, proposed or approved TND and when the applicant has demonstrated that their proposal is consistent with this section, and the design of the contiguous TND, said parcel may be included and incorporated into a proposed or existing TND as the neighborhood center either in whole or in part. The burden of proof shall be on the applicant; and
(8) 
The TND shall delineate the limits of the proposed neighborhood center area.
D. 
The TND shall be developed as a mixed-use neighborhood in which residential, commercial, civic and open space uses are within close proximity to one another. The development shall be designed with a mix of housing types and sizes and shall provide a community focal point in the form of a public open space, civic space and/or a retail use. In a TND, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except as listed below, and all such uses shall be subject to land development plan approval, in accordance with Chapter 435, Subdivision and Land Development, and those regulations specified elsewhere in this chapter:
(1) 
Residential.
(a) 
Single-family detached dwellings.
(b) 
Accessory apartment units (an apartment located in an accessory structure, or located in the primary structure with mutually exclusive livable areas and provided with a separate entrance).
(c) 
Single-family semidetached dwellings.
(d) 
Two-family dwellings.
(e) 
Single-family attached (townhouse style) dwellings.
(2) 
Neighborhood center.
(a) 
General use.
[1] 
TNDs shall provide a neighborhood center containing a mix of commercial, residential, civic and open spaces uses.
[2] 
TNDs that are greater than 100 acres shall have two neighborhood centers located in different areas of the TND.
[3] 
The neighborhood center must be must located within 1/4 mile of 85% of proposed residential uses.
[4] 
No individual commercial use shall exceed 12,000 square feet in gross floor area, and more specifically, no professional, business or administrative office use shall exceed 26,000 square feet in gross floor area.
[5] 
Dispensing of fuels shall not be permitted.
[6] 
Commercial uses which enable or encourage patrons to remain in their automobiles while receiving goods and services shall not be permitted. "Drive-through" service shall not be permitted.
[7] 
Commercial, civic or institutional uses shall comprise a minimum of 50% of the total square footage of the neighborhood center.
(b) 
Commercial uses.
[1] 
Personal services, including beauty and barber shops, shoe repair, tailoring and dressmaking and dry cleaner.
[2] 
Professional, business or administrative offices such as medical, dental, real estate, bank or other financial institution (no drive-through permitted).
[3] 
Personal fitness center or training or education businesses, including music, art dance or other cultural pursuits instruction for individuals and including instrument, art or other directly related sales.
[4] 
Eating establishment, including restaurants, coffee or tea shops, and delicatessens with inside and/or outside table service, but excluding drive-through services.
[5] 
Individual retail stores, shops or establishments including neighborhood grocery stores, pharmacies, bakery or confectionery stores, bookstores, news stands, gift shops, bicycle shops, specialty food stores, florists, art galleries, studios and shops of artists and artisans.
[6] 
Child or adult day-care facilities.
[7] 
Bed-and-breakfast inns.
[8] 
Another use which is determined substantially similar to those above by the Zoning Officer.
(c) 
Residential uses.
[1] 
Single-family semidetached dwellings, single-family attached.
[2] 
Multifamily dwellings (apartments).
[3] 
Residential units located on upper floors above commercial uses.
[4] 
Live-work units consisting of a first floor professional office, photographic, music, art, or dance studio, retail sales, or restaurant use of no more than 2,000 square feet and within the same structure as a residential dwelling.
(d) 
Civic or institutional uses.
[1] 
Municipal offices, fire stations, libraries, museums, community meeting facilities and post offices.
[2] 
Transit shelters.
[3] 
Places of worship.
[4] 
Neighborhood schools.
[5] 
Noncommercial recreation.
(e) 
Open space uses.
[1] 
Central green or common.
[2] 
Neighborhood park.
[3] 
Those open space uses as specified elsewhere in this chapter.
(3) 
Single-family detached dwellings shall be dispersed throughout the residential areas of the TND. A minimum of 35% of single-family dwellings shall be located immediately adjacent to or immediately across a street from and facing single-family semidetached, or single-family attached (townhouse style). Not more than 50% of the single-family detached dwellings shall include an accessory apartment. The required number of each residential dwelling type or other permitted use shall be calculated based upon the following percentages of total residential units proposed (unless noted otherwise):
Type of Use
Minimum
Maximum
Single-family detached
20%****
50%
Accessory apartment
5%
25%
Single-family semidetached and two-family
10%
40%
Single-family attached (townhouse style)
0%
65%
Multifamily
0%
50%***
Live-work units
10%***
25%
Neighborhood center*
10%
40%
Civic uses*
1 acre or 5%**
None
NOTES:
(All percentages in this table are based on number of residential units/total number of residential units.)
*
Measured as a percentage of total gross lot area.
**
Whichever is greater.
***
If all multifamily units are age-restricted, then multifamily maximum shall be 60%, and live-work shall be 5% minimum.
****
Existing or approved single-family detached lots located within 1,200 feet of the neighborhood center may be counted toward satisfying this minimum, provided sidewalk connects said single-family detached lots directly to the neighborhood center.
E. 
The maximum density permitted within a TND is 5.25 dwelling units per acre based on the gross acreage of the tract. The use of one or more design incentives can increase the maximum density permitted to 6.75 dwelling units/acre.
F. 
Designs which incorporate one or more of the following design elements will qualify for a reduction in the required amount of open space or an increase in the maximum permitted density as listed below.
(1) 
Design element. Rear vehicular access and/or garage access via a lane. Incentive: density increase of 0.25 dwelling units per acre for every 30 dwelling units with design element.
(2) 
Design element. Ten percent of single-family detached dwellings between 1,200 and 1,600 square feet of livable floor area (excludes garage, basement, etc.) and distributed throughout the residential area. Incentive: density increase of 0.2 dwelling units per acre for each 10% increment of single-family detached dwelling units with design element, up to 0.6 dwelling units per acre.
(3) 
Design element. Planting of an additional 30 trees beyond ordinance requirements on subject property or on public property. Incentive: density increase of 1.0 dwelling units (total) per 30 additional trees in accordance with Chapter 435, Subdivision and Land Development, standards, or a reduction in required open space of 0.25 acre (total) per 30 additional trees, up to a maximum of 4.0 dwelling units, or up to one acre reduction of open space.
(4) 
Design element. Restoration or renovation of historic structures designated in the Northern York Regional Comprehensive Plan, or owned by a public entity within the Township. Incentive: density increase of 5.0 dwelling units total for each 1,000 square feet restored or renovated for a maximum of 10 additional dwelling units.
(5) 
Design element. Completion of Phase I or Phase II archaeological investigation in accordance with PHMC procedures within an area of high probability of archaeological or historic significance as determined by PHMC within the Township. Incentive: density increase of 0.1 dwelling units per acre for each 20,000 square feet investigated for Phase I, or 10,000 square feet for Phase II.
(6) 
Design element. Design, permitting, and construction of stream restoration and reforestation to stabilize, naturalize and restore the natural hydrologic functions of a degraded Township stream, using natural and native materials and plants in accordance with Chapter 435, Subdivision and Land Development. Incentive: density increase of one dwelling unit total per 100 feet of stream restored, for a maximum of 20 dwelling units.
G. 
Yard requirements (minimum required unless noted otherwise).
(1) 
Residential.
(a) 
Front yard: 10 feet.
(b) 
Side yard: five feet.
(c) 
Rear yard: 20 feet; 26 feet contiguous to lanes.
(2) 
Accessory building.
(a) 
Front yard: no accessory structures nearer the street ROW than the principal structure.
(b) 
Side yard: two feet.
(c) 
Rear yard: five feet; 26 feet where contiguous to lanes.
(3) 
Neighborhood center.
(a) 
Front yard: zero feet minimum and 12 feet maximum for local roads; 25 feet minimum and 45 feet maximum for a collector road; 50 feet minimum for arterial roads (all roads as classified by the Northern York Regional Comprehensive Plan).
(b) 
Side yard: zero feet.
(c) 
Rear yard: 20 feet.
H. 
Building height: 35 feet maximum; 65 feet maximum within the neighborhood center (two-story minimum building height within neighborhood center area except for civic uses).
I. 
Minimum residential lot area.
(1) 
Single-family detached: 5,000 square feet.
(2) 
Single-family semidetached and two-family: 3,000 square feet per unit.
(3) 
Single-family attached end-of-building unit: 3,000 square feet per unit.
(4) 
Single-family attached, excluding end-of-building unit: 2,500 square feet per unit.
(5) 
Multifamily: N/A.
J. 
Maximum lot coverage: 90% in neighborhood center; 75% elsewhere.
K. 
Residential area design standards.
(1) 
All dwelling units shall be located within 1/4 mile of a common, green, square, or trail.
(2) 
Eighty-five percent of dwelling units shall directly abut or be situated across a street right-of-way from open space.
(3) 
No more than two contiguous single-family attached (townhouse style) dwellings shall have the same continuous roof line.
(4) 
No more than two contiguous dwelling units shall have more than 60% of their front facade on the same vertical plan as any other dwelling unit in the same building. Offsets must be staggered.
(5) 
No more than eight dwelling units shall be in any one single-family attached (townhouse style) structure.
(6) 
A minimum of 20% of all single-family attached (townhouse style) dwellings shall be in three unit structures. A minimum of 40% of all single-family attached (townhouse style) dwellings shall be in four- or five-unit structures.
(7) 
At least one public entrance of each residential principal structure shall be oriented towards the front lot line or street side lot line. Vehicular openings (such as garages and carports) shall not constitute a public opening.
(8) 
The front and side exterior walls of each residential principal structure shall each contain a minimum of 15% transparent or translucent materials per story below the roofline. Garage facades shall be included in this requirement.
(9) 
Pedestrian access from the public sidewalk, and/or street right-of-way to the front doorway shall be provided via an improved surface.
(10) 
All garages or carports shall be recessed a minimum of 10 feet behind the front facade of the principal structure or required minimum front yard setback, whichever is greater.
(11) 
Not more than two driveways may be located contiguous to each. When the principal structures are each located on their own lots, then each driveway shall remain on its own lot. A landscape buffer 10 feet wide must separate a group of two contiguous driveways from the next driveway or group of two driveways on the same side of the street.
(12) 
An unscreened open-air porch including roof projections (eaves) may extend into the required front yard setback up to eight feet.
(13) 
Where more than one single-family attached or single-family semiattached building is located on one lot, the following building separation distances apply:
(a) 
Front to front, rear to rear, or front to rear of buildings shall have at least 50 feet between the closest parts of the building.
(b) 
Side to side of buildings shall have at least 30 feet between the closest parts of the building.
(c) 
Side to front of buildings shall have at least 40 feet between the closest parts of the building.
(d) 
Side to rear of buildings shall have at least 30 feet between the closest parts of the building.
(14) 
Each townhouse shall have a private space created through landscaping, fencing or other architectural elements at the rear or side of the unit of at least 200 square feet in area. At least 150 square feet of said space shall be surfaced with durable hard material, such as stone, brick, concrete, or wood.
(15) 
Each townhouse shall have an attached storage area, a minimum of 40 square feet, incorporated into the design of the unit, and accessible from the exterior of the unit. A garage (attached or detached) shall satisfy this requirement.
L. 
Neighborhood center design standards.
(1) 
The neighborhood center shall be located within 1/4 mile of 85% of all residential uses. Commercial, retail, civic or institutional uses shall comprise a minimum floor area of 50% of the total floor area of the neighborhood center. Commercial and retail uses shall be those that support the day-to-day needs of local residents and shall be complemented by compatible business, civic, institutional, residential and open space uses.
(2) 
Pedestrian access.
(a) 
Pedestrian access shall be provided from the principal entrance of each principal structure.
(b) 
Pedestrian access shall be provided from any rear parking facility to the ground-floor uses, either through rear building entrances, pedestrianways along the perimeter of the buildings, or by pedestrian throughways which connect the rear parking lots to sidewalks at the front lot line. The required access shall be spaced at intervals of no more than 250 feet. Pedestrian throughways may be exterior between buildings, or may be incorporated into the interior design of the building. If exterior, they must be a minimum of 10 feet wide.
(c) 
At least one public entrance of all principal structures shall be oriented towards the street.
(d) 
Primary building entrances shall be clearly visible and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features.
(3) 
Front and street side exterior walls shall each contain a minimum of 15% transparent or translucent materials on each story below the roofline.
(4) 
Parking facilities shall be restricted to the rear or side of a principal structure. No parking shall be permitted between the face of a building closest to a street and the street right-of-way line. Parking facilities along a street shall preserve the streetscape through planting a fifteen-foot landscape buffer, constructing and maintaining a freestanding wall matching the adjacent building walls between three feet and eight feet in height.
(5) 
Landscape screen and buffer requirements between residential and commercial uses, and between parking facilities/access drives and buildings shall not apply.
(6) 
Signs.
(a) 
Internally illuminated signs are not permitted.
(b) 
A comprehensive sign program shall be chosen by the applicant and submitted to the Township.
(c) 
All uses within the TND shall adhere to the requirements and design elements in the comprehensive sign program.
(d) 
One freestanding temporary sign, of not more than two feet by four feet per face, containing not more than two faces, not affixed to any structure nor the ground, and removed at the end of business for that day, sometimes referred to colloquially as a "sandwich board," shall be permitted for each principal use.
(e) 
All other sign regulations of this chapter shall apply.
(7) 
Architectural guidelines. It is not the intent of this chapter to dictate architectural styles. It is recognized that a set of standards chosen by the applicant and adhered to consistently throughout the TND will enhance the objectives and goals of this chapter. Therefore, the applicant shall choose a set of standards which shall be adhered to consistently throughout the TND.
M. 
Open space.
(1) 
A minimum of 40% of the gross acreage of the TND shall be devoted to open space. Through the use of design incentives, the area of open space may be reduced to 30%.
(2) 
Not less than 50% of the open space shall be void of floodplains, wetlands, slopes over 15%, stormwater detention ponds, stormwater berms or swales, or natural features that would render the land unbuildable.
(3) 
The arrangement and configuration of the open space shall relate to the design of the TND and shall be usable and/or accessible to the residents and patrons of the TND.
(4) 
Open space shall meet all other requirements of this chapter.
N. 
Parking.
(1) 
Residential area uses shall provide parking spaces in accordance with the attached table:
Type of Use
Minimum
Single-family detached
2 off-street spaces per dwelling unit
Accessory apartment
1 off-street space per dwelling unit
Single-family semidetached and two-family
2 off-street spaces per dwelling unit
Single-family attached (townhouse style)
2 off-street spaces per dwelling unit
(2) 
Neighborhood center uses shall provide parking spaces in accordance with the following table:
Type of Use
Minimum
Single-family attached (townhouse style)
2 off-street spaces per dwelling unit
Multifamily dwellings
1 off-street space per dwelling unit
Live-work units: residential portion
1 off-street space per dwelling unit
Live-work units: commercial portion
1 space per 300 square feet of gross usable floor area
Commercial, civic, institutional uses, excluding medical, dental and veterinary facilities, and restaurants over 4,000 square feet
1 space per 300 square feet of gross usable floor area
(3) 
Any uses not included in the above table shall follow the parking requirements stated elsewhere in this chapter. The type of uses above refers to those enumerated in the TND section of this chapter.
(4) 
Commercial and retail uses may count on-street parking located within 150 feet of the use. Once on-street parking is counted for a use, it may not be counted again for another use.
(5) 
All parking spaces must be located within 150 feet of the use in order to be counted towards meeting the minimum parking requirements for that use.
(6) 
Off-street parking shall be located at midblock parking facilities located behind the rear face (the face farthest from the street).
(7) 
Parking is prohibited on lanes.
Truck stops or motor freight terminals are permitted as provided in Article II herein and subject to the following criteria:
A. 
The subject property shall have a minimum of 300 feet of road frontage along a collector or an arterial road;
B. 
All structures (including underground tanks, parking lots, and access drives) shall be located no closer than 500 feet from any residential zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;
C. 
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 100 feet from any street right-of-way line;
D. 
A fifty-foot landscape buffer shall be provided on the property along any street frontage. A thirty-foot landscape buffer shall be provided on all other property lines;
E. 
Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide;
F. 
Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. The applicant shall also present credible evidence that the number of "oversized" off-street parking spaces provided for trucks will be adequate to accommodate the expected demand generated by truck patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;
G. 
Trash receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant;
H. 
All uses involving drive-through restaurant and/or drive-through vehicle service and/or washing shall provide sufficient on-site stacking lanes to prevent vehicle backups into access drives, parking areas, and adjoining roads;
I. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted;
J. 
The outdoor storage of unlicensed, unregistered or uninspected vehicles is prohibited;
K. 
All vehicles and machinery shall be repaired and removed from the premises within two weeks;
L. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within two weeks after arrival;
M. 
The applicant shall submit a traffic impact report meeting the standards of the SALDO;
N. 
All outdoor loudspeaker systems shall be designed, arranged, and operated so as to be inaudible at the property line;
O. 
Truck stops shall delineate long-term parking areas from short-term parking areas through pavement markings and signage conspicuously posted throughout the parking area. Short-term parking shall be limited to four hours, and is intended for unattended vehicle storage while purchasing goods or services;
P. 
Truck stops shall provide and perpetually maintain electric plug-ins for each and every designated parking space within the long-term parking area, designed and maintained to provide electric service capable of running all accessory functions within the vehicle, thereby eliminating the need for diesel idling;
Q. 
Parking at a location other than those delineated for short- or long-term parking is prohibited;
R. 
The idling of diesel engines for periods in excess of five minutes is prohibited, unless a unique condition where the nonroutine idling for longer periods of time is justified. Said unique conditions justifying longer idling times shall be as listed in Article IV, hereby incorporated by reference; and
S. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
A detached single-family dwelling that existed on the effective date of this chapter and contained (at that time) at least 3,000 square feet may be converted into two dwelling units subject to the provisions of Article II herein and following criteria:
A. 
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized;
B. 
No extensions or modifications to the external appearance of the building which would alter its residential character shall be permitted;
C. 
All floors above and below grade shall have a permanently affixed direct means of escape to ground level; and
D. 
The applicant shall obtain any required land development approvals.
Repossession and short-term vehicular storage is permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area of four acres;
B. 
Vehicles shall be removed within 100 days;
C. 
Hours of operation shall not exceed 8:00 a.m. to 8:00 p.m., Monday through Saturday;
D. 
A fence up to eight feet in height shall be permitted;
E. 
A plan for control of spilled fluids shall be provided for approval of the Township and continuously implemented by the property owner;
F. 
Area shall be screened from view of roadway and/or residential zone or use via buildings or a thirty-foot landscape screen in accordance with Chapter 435, Subdivision and Land Development, requirements;
G. 
The area shall meet all other setbacks for the underlying zone; and
H. 
The maximum number of vehicles stored at any one time shall be 50.
Long-term vehicular storage is permitted as provided in Article II herein and subject to the following criteria:
A. 
Minimum lot area of four acres;
B. 
Vehicles shall be operable, in driving condition;
C. 
Vehicles that are required to be inspected for use on public roads shall have current state vehicle inspection;
D. 
Vehicles that are required to be licensed for use on public roads shall have valid state licenses;
E. 
Vehicles that are required to have state registration for use on public roads shall have valid state registration;
F. 
All storage shall be on a bituminous or concrete paved surface;
G. 
All storage shall be screened from view of roadway and/or residential zone or use via buildings, or a thirty-foot landscape screen in accordance with Chapter 435, Subdivision and Land Development, requirements; and
H. 
The area shall meet all other setbacks for the underlying zone.
Waste-handling facilities are permitted as provided in Article II herein and subject to the following criteria:
A. 
All principal waste-handling facilities for municipal and residual wastes, as defined by the PA DEP, shall be operated, and/or designated to be operated, by the Solid Waste Management Authority of York County;
B. 
Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building;
C. 
No waste shall be deposited, stored or disposed of, and no building or structure shall be located within 900 feet of any property line within an AC, RA, RS-1, RS-2, RS-3, MU-1 Zone;
D. 
A fence measuring at least eight feet in height must enclose all operations. A one-hundred-foot landscape buffer shall be provided along the perimeter of the property; in addition, a fifty-foot landscape screen shall be provided toward the interior of the site from the buffer along the perimeter of the property. Where the proposed use adjoins a residential zone, an existing residence and/or a public road, an earthen berm at least 10 feet in height with a minimum of a six feet top width and sides no steeper than 4:1 shall be provided. Such berm shall be located on the site and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, etc. generated by the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. All landscaping shall meet the requirements of this chapter and the SALDO;
E. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;
F. 
The principal waste handling facility shall have direct access to a collector or an arterial street;
G. 
All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads;
H. 
Landfills must design and perpetually maintain and use vehicle wash areas for every vehicle leaving the site to prevent dust, mud or sediment from leaving the site. The vehicle wash area must use filtered recycled water and be maintained in a sanitary condition;
I. 
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 500 feet from the intersecting street right-of-way line to the vehicle wash area. In addition, a fifty-foot-long clean gravel (open graded gravel) section of access drive shall be placed and perpetually maintained just prior to the vehicle wash area to help collect any sediment or mud that may have attached to a vehicle's wheels. The applicant shall prepare a plan for cleaning of the access drive, which upon Township approval, shall be perpetually implemented. The owner and/or operator shall be responsible for removing any mud, dust, or sediment from public roads caused by vehicles traveling to and from the site;
J. 
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, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations;
K. 
Hours of operation whereby waste is accepted at, or transported from the site shall not exceed 8:00 a.m. to 4:00 p.m., Monday through Friday, except state and federal recognized holidays, and Saturday 8:00 a.m. to 12:00 noon;
L. 
A program of litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township and upon approval, perpetually implemented;
M. 
The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator;
N. 
Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building;
O. 
All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 24 hours;
P. 
A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Township;
Q. 
Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's or Township's regulations;
R. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(1) 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the municipal engineer.
(2) 
A water system that does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality.
(3) 
A water feasibility study shall include the following information:
(a) 
Calculations of the projected water needs;
(b) 
A geologic map of the area with a radius of at least one mile from the site;
(c) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;
(d) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;
(e) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution;
(f) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;
(g) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table;
(h) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study; and
(i) 
The study shall meet or exceed all requirements for well studies as contained in the SALDO.
S. 
The applicant shall provide a traffic impact report, as required by Article IV of the SALDO;
T. 
A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip;
U. 
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site; and
V. 
No principal waste handling facility shall be located within one mile of another, as measured in a straight line between closest property lines.
Wind energy conversion systems are permitted as provided in Article II herein and subject to the following criteria:
A. 
Setback. Commercial wind energy conversion systems shall meet the minimum setback requirements for the underlying zone, plus a distance equal to their height. Small wind energy system structures, including guy wire anchors, shall have a setback to the property boundaries of the installation site equal to their height, and shall not be placed closer to the street or access right-of-way than the front of the principal structure, unless a one-hundred-fifty-foot setback is maintained. Such side and rear setback requirement shall be reduced if adjoining property owners within a distance equal to the small wind energy systems height agree, in writing, to a lesser setback from their property. Each wind turbine shall be set back from the nearest aboveground public electric power line a distance no less than 1.1 times its total height determined from the existing power line;
B. 
Height. Small wind energy conversion systems shall be limited to a tower height of 50 feet for property sizes between 1/2 acre and one acre. For property sizes of one acre or more, there is no limitation on tower height, except as imposed by FAA regulations. For lots of 1/2 acre to 10,000 square feet, the tower height shall be limited to 10 feet above the maximum principal building height;
C. 
Small wind energy conversion systems are prohibited on lots that have less than 10,000 square feet in area;
D. 
Access to the site of a commercial wind energy conversion system shall be restricted through a combination of fencing and access gates;
E. 
All wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports;
F. 
Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority;
G. 
Electrical controls and control wiring and power lines shall be wireless or buried below ground except where wind energy facility's collector wiring is brought together for connection to the utility company's transmission or distribution network adjacent to that network;
H. 
Small wind energy conversion system turbines must have been approved under the emerging technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association;
I. 
All wind energy systems shall not produce noise that exceeds 60 dBA, as measured at the property line;
J. 
Wind energy conversion systems shall be maintained free of rust, in a color that blends in with the surrounding area, and in good working order. Once the wind energy conversion system is nonoperational for 30 consecutive calendar days, it shall be dismantled and completely removed from the site by the owner within 90 consecutive calendar days. The Township shall have the right, but not the obligation, to remove or have removed the apparatus upon the failure of the property owner to remove the apparatus within the time limit stated above, and may charge the property owner all costs associated therewith. Failure by the property owner to pay said charges shall give the Township the right to file a lien against the property in the amount of the charges plus all costs; and
K. 
Utility notification. No permit for a small wind energy system shall be issued until evidence has been provided to the Township that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems (systems that do not connect to any commercial electric utility's lines or facilities) shall be exempt from this requirement.