For the purpose of this ordinance, the following regulations
shall apply to all districts for all uses permitted or permitted by
special exception or conditional use.
No lot shall be reduced that the area of the lot or the dimensions
of the required open spaces shall be less than herein specified.
No yard or other space provided about any building or structure
for the purpose of complying with this ordinance shall be considered
as a yard or other open space for another building or structure.
A. On any lot, no wall, fence, or other structure shall be erected,
altered, or maintained, and no hedge, tree, or other growth shall
be planted or maintained which may cause danger to traffic on a street
by obscuring the view.
B. On corner lots, no such structure or growth shall be permitted above
the height of 2 1/2 feet or as may result in a visual obstruction
to the driver within an area which is formed by a triangle where the
two legs of the triangle extended 100 feet from the centerline intersection
of the two intersecting streets.
C. On corner lots, no posts, boulders or structures shall be permitted
within the rights-of-way.
No fence or wall, except agricultural fences or required and
permitted buffer fences or walls, or a retainer wall of a building
permitted under the terms of this ordinance shall be erected to a
height of more than three feet in a front yard or more than six feet
in any other yard. No fence or wall shall be located within any clear
sight triangle required by this ordinance or the Township Subdivision
and Land Development Ordinance. No fence or wall shall block motorists' view of vehicles
entering or exiting the property. Fences or walls within the front
yard shall be a minimum of one foot behind the street right-of-way
line. Fences or walls may exceed six feet in height provided they
are located to the rear of the building or dwelling and meet the required
set back of the zoning district for accessory structures. The maximum
height of such fences or walls shall be eight feet. No electric fences
shall be permitted on a residential lot. Maintenance of fencing shall
be considered when the fence is erected.
A. All buildings and structures shall be subject to the maximum height
regulations specified within each zoning district except chimneys,
spires, poles, antennas, towers, water storage tanks, signs, elevators,
flagpoles, silos, windmills, farm accessory buildings and any other
similar structures; provided, however, no penthouse, roof structure,
nor any space above the height limit specified for each zoning district
shall be allowed for the purpose of providing additional floor space
for residential or commercial use. Provided, further, the height of
any such structure or projection shall not exceed 750 feet, unless
the following criteria have been satisfied:
1.
Certification from a commonwealth-registered engineer that the
proposed height of said use does not extend above the permitted height
ceiling depicted on the Airport Hazard Area for Lancaster Airport
Map; and
2.
The applicant shall furnish a letter from the Lancaster Airport
Authority providing sufficient information for the Zoning Officer
to determine whether the proposed use would violate the permitted
height restrictions listed in the Federal Aviation Regulations No.
77 or any future amendment thereof.
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Should a disagreement occur as to compliance with the height
restrictions set forth herein, the Zoning Hearing Board shall conduct
a hearing and render a decision regarding the matter in accordance
with Section 1005 of the Zoning Ordinance and the applicable provisions
of the Pennsylvania Municipalities Planning Code.
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B. No building shall be erected which shall exceed the maximum height
established for such use in the zoning district in which the building
is located; provided, however, that such maximum height may be increased
by one foot for each additional one foot that the width of each yard
setback exceeds the minimum setback. The maximum height of any building
shall not exceed 50 feet, and no building shall exceed five stories.
Each building exceeding the maximum height established for such use
in the zoning district in which the building is located in accordance
with the authorization of this subsection shall have fire suppression
systems in accordance with the most current BOCA National Building
Code, BOCA National Fire Prevention Code, and Pennsylvania Department
of Labor and Industry standards. The provisions of this subsection
shall not be applicable to agricultural buildings.
A front yard as provided for in the area and lot requirements
for the various districts shall be required on each street on which
a corner lot abuts. The remaining two yards shall be side yards.
Every principal structure hereafter erected or moved shall be
located upon a lot which abuts a public street or which abuts a private
street which is constructed in accordance with the requirements for
private streets in the Township Subdivision and Land Development Ordinance or which meets the construction standards for public streets
in the Township Road Ordinance and Township Subdivision and Land Development
Ordinance. The erection of structures without approved access shall
not be permitted.
More than one principal building or structure may be erected
on a single lot provided that the requirements of the Township Subdivision
and Land Development Ordinance are met and all lot area, coverage,
yard and setback requirements and all other applicable requirements
of this ordinance and all other Township Ordinances are met as though
each principal building were located on a separate lot. The applicant
for a zoning permit for the additional principal structure shall provide
the Zoning Officer with evidence of the recording of an approved land
development plan and shall demonstrate to the satisfaction of the
Zoning Officer that each principal structure shall have suitable access
as defined in § 701.7 herein in order that such access requirement
shall be met if the lot is subdivided in the future. If more than
two principal structures each of which shall contain one or two residential
units are to be erected upon a single lot, then an internal street
system shall be provided which shall be designed to enable future
subdivision of the lot into a separate lot for each principal residential
structure. The internal street system shall be designed and installed
in accordance with the requirements for public streets contained in
the Township Subdivision and Land Development Ordinance. Such internal
street system shall be included on the land development plan, and
financial security to secure its completion shall be posted in accordance
with the requirements of the Township Subdivision and Land Development
Ordinance.
Where the display and sale of farm products are permitted, it
shall be provided that:
A. At least 50% of such products shall have been produced on the property
on which they are offered for sale or on property contiguous to the
property on which they are offered for sale.
B. Parking space for at least three cars shall be provided on the lot.
Where building area exceeds 600 square feet, one additional parking
space shall be provided for each additional 200 square feet of building
area.
C. Sale of farm products shall be conducted from a portable stand, dismantled
at the end of the growth season, or from a permanent building under
the following conditions:
1.
Such building shall be located at least 50 feet from the right-of-way
line of the road;
2.
Parking space shall be provided behind the highway right-of-way
line.
The location of any structure, building or other installation
for the purpose of servicing any community utility may be located
within any zoning district subject to the following regulations:
A. A plan shall be filed with the Zoning Officer indicating the location
of all existing and proposed structures, buildings or other installations.
B. No building, structure, or other installation shall be nearer than
15 feet to any property line unless the specific nature of a utility
warrants its placement elsewhere.
C. Any building, structure, or other installation shall be subject to
the requirements of Article 800.
D. No minimum lot size shall be required for the purpose of servicing
any community utility except as may be required to comply with other
regulations regarding setbacks, etc.
Development of any tract containing wetlands shall comply with
the applicable rules and regulations of the United States Army Corps
of Engineers and the Department of Environmental Resources of the
Commonwealth of Pennsylvania.
Utility sheds may be erected in accordance with the following
provisions:
A. A utility shed shall not be erected to the side of any dwelling and
must be located to the rear of the dwelling.
B. A utility shed shall be erected not less than three feet from any
rear or side lot line, provided it is not within any easement or right-of-way.
C. A utility shed shall not have a floor area exceeding 200 square feet
nor a height in excess of eight feet at the eave and 10 feet at the
peak.
D. Not more than one utility shed shall be permitted per residential
lot of one acre or less in area.
Within any district, an owner and/or occupant may conduct up
to two garage/yard sales per year. No garage or yard sale shall be
conducted for a period longer than two consecutive days. Such sales
may offer for sale personal possessions; no import or stocking of
inventory shall be permitted. Only one four-square-foot sign shall
be permitted advertising the garage/yard sale. Such sign shall be
located upon the premises where the sale occurs and shall be removed
promptly upon the completion of the sale. Sales are permitted between
the hours of 8:00 a.m. to 6:00 p.m. In no case shall any aspect of
the garage/yard sale be conducted in a street right-of-way. The conduct
of garage sales beyond the extent described herein represents a commercial
business and requires appropriate zoning authorization.
A. Within any zoning district, no truck-trailers, vans, motor homes,
mobile homes, or any similar vehicle or equipment shall be parked
or stored beyond a period of 30 days which sole purpose is the storage
of goods or materials. All vehicles awaiting use shall be properly
licensed and shall not be parked within any yard area. These units
shall be parked temporarily as they await products or goods for shipment.
Licensed empty trailers may be parked at approved freight or truck
terminals beyond 30 days.
B. The storage or parking of any commercial truck upon any residentially
zoned lot or lot used principally for residential purposes is prohibited.
For purposes of this section, commercial trucks shall include those
that exceed a one-ton capacity. In addition, the parking or storage
of any trailer other than those accessory to a principal residential
use is expressly prohibited on any residentially zoned lot or lot
used principally for residential purposes.
Recreation vehicles, trailers and boats (including boat trailers)
may be parked or stored in any zoning district subject to the following
regulations:
A. Parking or storage is permitted at any time inside an enclosed structure,
which structure conforms to the zoning requirements of the particular
district.
B. Parking or storage is permitted outside only in the side yard, the
rear yard, or partially in both, provided:
1.
Inside parking or storage is not possible.
2.
The unit is not located nearer than three feet to the side or
rear lot line.
3.
The unit can be parked or stored in a safe and secure manner
so as not to be a hazard to either persons or property.
4.
The unit shall be located behind the building line of the dwelling.
C. While parked or stored, a recreation vehicle, trailer or boat shall
not be:
1.
Used or occupied for dwelling purposes, except for sleeping
by visitors of the owner or occupant of the lot for a period not exceeding
14 days in any one calendar year.
2.
Permanently or temporarily connected to sewer lines, or permanently
connected to water or electrical lines. A unit may be temporarily
connected to water and electric lines while used during the times
specified in Subsection C.1 or while being loaded, unloaded or serviced
as provided in Subsection D hereof.
3.
Used for storage of goods, materials, or equipment other than
those items considered to be part of the unit or essential for its
immediate use.
D. Notwithstanding the provisions of Subsections
A and
B hereof, a unit may be parked anywhere on the lot during active loading, unloading, or servicing of the unit for a period of time not in excess of 36 hours.
E. A maximum of one unit may be stored on any lot of 10,000 square feet
or less. In no instance shall any lot contain more than two units
stored outdoors, unless it is a Township-approved storage facility.
All ornamental ponds and wading pools located within any district
shall be subject to the following criteria:
A. Such structures shall comply with all accessory use setbacks.
B. No such impoundment shall contain more than 26.6 cubic feet of water
(200 gallons). All ponds, pools or other water impoundments exceeding
the requirements of this section shall be subject to applicable DER
and County Soil Conservation practices and controls.
C. No such impoundment shall have a length or diameter exceeding 15
feet. The maximum depth shall not exceed 30 inches.
D. All such ponds or pools shall be maintained so as not to pose a nuisance
by reason of odor, or the harboring of insects.
E. No such pond(s) shall be used for the commercial hatching of fish
or other species.
Each dwelling unit of the type set forth below shall have a
minimum habitable floor area as follows:
A. Garden apartments: 450 square feet.
B. Multiple-family: 450 square feet.
C. Quadraplex: 450 square feet.
D. Residential conversion unit: 800 square feet.
E. Single-family attached (townhouse): 750 square feet.
F. Single-family semi-detached: 750 square feet.
G. Two-family detached: 750 square feet.
Outdoor trash, rubbish, and recycling collection areas shall
be located with an emphasis upon shielding the site from public view
and to shield with landscaping the area near the site to minimize
any detrimental effects upon neighboring properties. The site shall
follow the guidelines as listed:
A. No collection site shall be located within any front yard area or
along any street frontage.
B. The collection site shall be a minimum of 10 feet from any side or
rear property line.
C. Each site shall be screened with a six-foot stockade fence or basket
weave fence. Landscaping with shrubbery and trees is also required.
D. The maximum area of each site shall not exceed 200 square feet.
E. Daily inspections by the property owners or tenants shall be conducted
to collect any loose debris near the container and insure animals,
rodents, and vermin are not inhabiting the area.
The following regulations shall apply in all zoning districts:
A. No outdoor stockpiling of any material or outdoor storage of trash
is permitted in the front yard. In any residential district, the outdoor
stockpiling of materials (except firewood) for more than 30 days is
prohibited.
B. The outdoor accumulation of trash, garbage, refuse, or junk for a
period exceeding 15 days is prohibited.
C. The placement of framed enclosure composts as an accessory residential
use is permitted, subject to all accessory use setbacks. Only yard/garden
waste materials from the residential site shall be deposited within
the compost, and in no cases shall meat or meat by-products be composted.
All composts shall be properly maintained so as not to become a nuisance
to nearby properties.
The unique shape, reception and height requirements of antennas
present an array of concerns relating to the health, safety and aesthetic
integrity of the Township. Therefore, it is the intent of this ordinance
to impose reasonable regulations concerning such devices without infringing
upon rights granted by the Federal Communications Commission (FCC).
If an applicant can demonstrate that such rights would be violated
due to unique site constraints or other such conditions, the applicant
shall be exempt from only those requirements which create such hardships.
The following requirements shall apply to all applicable antennas:
A. Within rural and residential districts, no more than one satellite
dish antenna shall be permitted on a property. Additionally, in such
zoning districts antennas shall not exceed 45 feet in height, measured
from the top of the antenna to the ground level.
B. The following antennas are permitted within commercial and industrial
districts subject to all applicable requirements of this section.
1.
Antennas which are greater than 45 feet in height, measured
from the ground level to the top of the antenna.
2.
Roof-mounted or tower-mounted satellite dish antennas.
3.
Antennas which are capable of transmitting signals, excluding
citizen band radio antennas.
C. Antennas shall not be located in the front yard of any property unless
such a location is completely screened from view of all adjacent properties
and roads.
D. Satellite dish antennas which are not roof-mounted or tower-mounted
shall comply with the following:
1.
The diameter of the dish shall not exceed 12 feet.
2.
No portion of the structure shall exceed 15 feet in height.
3.
Such structures shall be set back from all adjacent properties
a minimum of 10 feet or a distance equal to the height of the satellite
dish antenna, whichever is greater.
4.
Satellite dish antennas shall be surrounded by a complete visual
barrier composed of evergreen plantings which are at least four feet
in height when planted on site and which will achieve a mature height
sufficient to screen the entire antenna from the ground floor elevations
of adjoining properties. If such screening will impair the reception
of the antenna, the applicant shall demonstrate that such is the case
and shall install evergreen plantings which, when mature, will be
maintained at a height which is within two feet of the determined
height of interference. Screening must be planted within six months
of the antenna installation date.
5.
All satellite dish antennas shall be properly anchored and installed
to resist a minimum wind load of 30 pounds per square foot of projected
horizontal area.
6.
A zoning permit shall be obtained prior to the installation
of a satellite dish antenna. The permit application shall demonstrate
compliance with this ordinance and all other applicable municipal
regulations.
Animals or birds and animal shelters shall be permitted as accessory
uses and accessory structures to residential uses in any zoning district
subject to the following standards:
A. In all zoning districts, animals or birds which are maintained as
accessory to a residential use shall be maintained only on a noncommercial
basis.
B. In all zoning districts, animals or birds which are maintained as
accessory to a residential use shall meet the following criteria:
1.
Such animal or bird shall be customarily maintained as a domestic
pet within Lancaster County, Pennsylvania. Animals or birds which
are within the definition of the term "exotic wildlife" in the Pennsylvania
Game and Wildlife Code, 34 Pa.C.S.A., Subsection 2961, or within the
definition of "game animals" or "game birds" in the Pennsylvania Game
and Wildlife Code, 34 Pa.C.S.A. § 102, shall not be considered
to be animals or birds which are customarily maintained as domestic
pets within the county.
2.
No animal or bird which shall require the keeper to obtain an
exotic wildlife possession permit from the Pennsylvania Game Commission
may be maintained as an accessory use.
C. Any shelter and/or exercise pen which is constructed for the use
of the animals shall be located in the rear yard at least 10 feet
from any lot line and at least 30 feet from the nearest dwelling other
than the dwelling of the owner of the animal. Any means of confinement
of such animal, including but not limited to chains and tethers, shall
be located so that the animal cannot run closer than 10 feet to any
property line or closer than 30 feet to the nearest dwelling other
than the dwelling of the owner.
D. Any shelter and/or exercise pen shall be screened from adjoining
properties by the installation of fencing or a landscape screen.
E. In any zoning district, unless otherwise regulated by provisions
of this ordinance or unless on a farm, it is permitted to maintain
as an accessory use to a residential dwelling no more than three dogs,
cats, and/or similar animals and/or pigeons or other birds commonly
maintained as domestic pets over six months of age as domestic pets
as of right. The noncommercial keeping of more than a total of three
dogs, cats or similar domestic animals and/or birds as an accessory
use to a residential dwelling shall be permitted by special exception,
provided that the applicant complies with all of the requirements
for the granting of a special exception to establish a kennel set
forth in §§ 301 and 804.3 of this ordinance and also
meets the requirements of this section.
F. In any zoning district, unless otherwise regulated by provisions
of this ordinance or unless on a farm, it is permitted to maintain
one or more horses as an accessory use to a residential dwelling;
provided, however, that the minimum lot size shall be three acres
for the keeping of a single horse and the minimum lot size shall be
increased by one acre for each additional horse. The keeping of such
horse or horses and the manure storage facility shall meet all requirements
of this section and all of the performance standards set forth in § 804.1
except as specifically modified by this section.
G. No manure storage facility or area shall be established closer than
100 feet to any property line.
A. The minimum lot area for all lots which utilize individual on-lot
sewage disposal systems for disposal of wastewater shall be one acre.
B. Every use which relies upon an individual on-lot sewage disposal
system for the disposal of wastewater shall be required to properly
maintain and repair such system.
Automotive vehicles, including inoperable motor vehicles and/or
trailers of any kind or type, without a current license plate and
current inspection shall not be parked or stored on any property in
excess of 30 days unless such vehicle shall be located within a completely
enclosed building.
Municipal uses shall be permitted as uses of right within all
zoning districts. Municipal uses shall be exempted from minimum lot
area, minimum lot width, minimum lot depth, yard, impervious surface
area, off-street parking, landscaping and all other requirements of
this ordinance.
[Added 8-3-2010 by Ord.
No. 4-10]
Open loop geothermal systems shall not be permitted in the Township.
Closed loop geothermal systems shall be permitted in all zoning districts
and shall be subject to the following regulations:
A. The design and installation of geothermal systems and related boreholes
for geothermal heat pump systems shall conform to applicable industry
standards, including those of the ANSI, the IGSHPA, ASTM, the ARI,
or other similar certifying organizations, and shall comply with the
Building Code and with all other applicable Township requirements.
The manufacturer specifications shall be submitted as part of the
application, and the applicant shall provide documentation to demonstrate
that the design complies with and the installation shall comply with
applicable industry standards.
B. In all closed loop geothermal systems relying upon circulating fluids,
only nontoxic, biodegradable circulating fluids such as food-grade
propylene glycol shall be permitted.
C. All parts of the geothermal system shall be located a minimum distance
of 10 feet from any property line.
D. All parts of the geothermal system shall be located a minimum distance
of 25 feet from any on-lot wells.
[Added 8-3-2010 by Ord.
No. 4-10]
Small solar energy systems shall be permitted in all zoning
districts as appurtenances to any building or as accessory structures
and shall be subject to the following regulations:
A. The design and installation of small solar energy system shall conform
to applicable industry standards, including those of the ANSI, Underwriters
Laboratories (UL), the ASTM, or other similar certifying organizations,
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
B. All small solar energy systems shall be designed and located in order
to prevent reflective glare toward any inhabited structure on adjacent
lots as well as adjacent street rights-of-way.
C. All on-site utility and transmission lines extending to and from
the small solar energy system shall be placed underground.
D. No part of any small solar energy system shall be located within
or above any front yard, along any street frontage, nor within any
required setback of any lot.
E. Small solar energy systems mounted on the roof of any building shall
be subject to the maximum height regulations specified within each
zoning district. The owner shall provide evidence in the form of stamped
plans certified by a professional engineer that the roof is structurally
sound.
F. Small solar energy systems which are ground-mounted or detached from
the principal or accessory structure shall not exceed 15 feet in height.
G. The owner shall provide a copy of the letter from the electric utility
company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Township prior to the issuance of a certificate of use and occupancy
for the small solar energy system. Off-grid systems shall be exempt
from this requirement.
[Added 8-3-2010 by Ord.
No. 4-10]
Small wind energy systems shall be permitted in all zoning districts
as accessory uses and accessory structures and shall be subject to
the following regulations:
A. The design and installation of all small wind energy systems shall
conform to applicable industry standards, including those of the ANSI,
Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd
Wind Energies, the ASTM, or other similar certifying organizations,
and shall comply with the Building Code and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
B. No more than one small wind energy system shall be permitted per
lot.
C. Small wind energy systems shall not generate noise which exceeds
55 decibels measured at any property line.
D. Small wind energy systems shall not be artificially lighted, except
to the extent required by the FAA.
E. All on-site utility and transmission lines extending to and from
the small wind energy system shall be placed underground.
F. No part of any small wind energy system shall be located within or
above any front yard, along any street frontage, nor within any required
setback of any lot.
G. All small wind energy systems shall be independent of any other structure
and shall be located a minimum distance of 1.1 times the turbine height
from any inhabited structure, property line, street right-of-way,
or overhead utility line.
H. The maximum height of any small wind energy system shall not exceed
50 feet, except that the maximum height shall be increased to 85 feet
in the Rural Agricultural District.
1.
No portion of any small wind energy system shall extend over
parking areas, access drives, driveways or sidewalks.
I. The minimum height of the lowest position of the wind turbine shall
be 15 feet above the ground.
J. All small wind energy systems shall be completely enclosed by a minimum
eight-foot-high fence with a self-locking gate, or the wind turbine's
climbing apparatus shall be limited to no lower than 15 feet from
the ground, or the wind turbine's climbing apparatus shall be fully
contained and locked within the tower structure.
K. Small wind energy systems shall not display advertising, except for
reasonable identification of the small wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
L. When an accessory building is necessary for storage cells or related
mechanical equipment, the accessory building shall not have a floor
area exceeding 200 square feet, and shall comply with the accessory
building requirements specified within each zoning district.
1.
Accessory buildings shall not be located within any front yard
or along any street frontage, nor within any required setback of any
lot.
M. The owner shall provide a copy of the letter from the electric utility
company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Township prior to the issuance of a certificate of use and occupancy
for the small wind energy system. Off-grid systems shall be exempt
from this requirement.
N. The owner of the small wind energy system shall, at the owner's expense,
complete decommissioning within 12 months after the end of the useful
life of the small wind energy system. It shall be presumed that the
wind turbine is at the end of its useful life if no electricity is
generated for a continuous period of 12 months.
O. The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover damage
or injury that might result from the installation and operation of
the small wind energy system.
[Added 8-3-2010 by Ord.
No. 4-10]
Outdoor hydronic heaters shall be permitted in all zoning districts
as accessory uses and accessory structures and shall be subject to
the following regulations:
A. The design and installation of outdoor hydronic heaters shall conform
to applicable industry standards, including those of the EPA, the
ANSI, the ASTM, Underwriters Laboratories (UL), or other similar certifying
organizations, and shall comply with the Building Code and with all
other applicable Township requirements. The manufacturer specifications
shall be submitted as part of the application.
B. Unless otherwise specified, only outdoor hydronic heaters qualifying
for or better than the EPA Phase 2 voluntary program for outdoor hydronic
heaters shall be permitted.
C. In addition to the types of wood meeting the definition of "clean
wood," outdoor hydronic heaters shall also be permitted to burn:
1.
Wood pellets made from clean wood, if the device has been tested
and listed to utilize this fuel; and
2.
Home heating oil meeting applicable sulfur content limit, propane
or natural gas, when used as auxiliary starter fuels for devices tested
and listed as dual-fired outdoor hydronic heaters.
D. In addition to the types of wood not meeting the definition of clean
wood, outdoor hydronic heaters shall not be permitted to burn:
2.
Lawn clippings or yard waste.
3.
Materials containing plastic.
4.
Materials containing rubber.
5.
Waste petroleum products.
6.
Paints and paint thinners.
9.
Construction and demolition debris.
E. No more than one outdoor hydronic heater shall be permitted per lot.
F. No outdoor hydronic heater shall be located within any front yard,
along any street frontage, nor within any required setback of any
lot.
G. All outdoor hydronic heaters shall be located a minimum distance
of 150 feet from any property line, street right-of-way, and any property
line with an inhabited dwelling not located on the lot on which the
outdoor hydronic heater is proposed.
H. All outdoor hydronic heaters shall have a permanent attached stack.
The minimum height of all stacks shall be 25 feet above the ground
or three feet in excess of the height of any inhabited structure within
150 feet not located on the lot upon which the outdoor hydronic heater
is proposed, whichever is greater.
I. Outdoor hydronic heaters shall be maintained and operated in compliance
with all emissions of air quality standards promulgated by EPA, the
DEP, or other relevant state or federal agency including emissions
of dust and particulates.
J. In no case shall emissions from the outdoor hydronic heaters be detectable
beyond the lot on which the outdoor hydronic heater is located, interfere
with the reasonable enjoyment of life or property of neighbors, cause
damage to vegetation or property of neighbors, nor be harmful to human
or animal health.
K. Outdoor hydronic heaters shall not be operated before October 1 or
after April 30 of each calendar year.