[Ord. 75-1, 1/6/1975; as amended by Ord. No. 04.10.2018.01, 4/10/2018]
1. 
Irrespective of permitted and not permitted uses listed in any district enumerated herein, agricultural programs shall be permitted and encouraged as an interim use, provided the property has no principal use established, until such time as the property owner sells or otherwise transfers his property interests to persons, agents, corporations, or others interested in developing a use in conformance with district regulations as set forth herein. All agricultural uses initiated after the effective date of this chapter shall be subject to the following safeguards and regulations:
A. 
Storage of manure, or odor or dust-producing substance shall not be permitted within 150 feet of a lot line.
B. 
Greenhouse heating plant, coal fired, shall not be operated within 100 feet of any nonfarm district or nonfarm residence. When natural gas or fuel oil are used, the distance may be reduced to 50 feet.
C. 
Buildings in which animals and poultry are to be housed (temporarily or permanently) shall not hereafter be erected within 150 feet of a lot line.
D. 
The selling of products raised, bred or grown on the premises shall be permitted.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008; and by Ord. No. 04.10.2018.01, 4/10/2018]
1. 
Seasonal dwelling and camping areas shall be construed to mean permanent structures for seasonal use. Such uses may include, shelter during hunting and fishing seasons; vacation uses to include weekends and holidays; and similar periodic visits at any time of the year.
2. 
The seasonal dwelling or camping area installation shall be subject to the following regulations:
A. 
Minimum Lot Area. Subject to lot area requirements of the district in which the seasonal dwelling or camping area is located.
B. 
Sanitary facilities (water supply and toilet installation) shall be subject to all rules and regulations of the Pennsylvania Department of Environmental Protection applicable thereto.
C. 
Electrical service shall be subject to any local ordinances, and the regulations of the Public Utility Commission.
D. 
A camp cannot be converted to a permanent dwelling unit unless it conforms to acceptable building, housing, electrical and plumbing codes. It must also meet all regulations set forth in § 27-616 hereof and applicable district regulations.
E. 
A camp shall not hereafter be erected within 1,000 feet of a residence.
F. 
A camp structure shall be set back at least 100 feet from a public right-of-way.
G. 
A bus or truck or similar vehicle shall not be permitted as a permanent camp structure. They may be used for temporary purposes for a period of time not to exceed 90 days.
3. 
Lodges, vacation homes and similar structures, erected after the effective date of this chapter, must conform to all building regulations, existing or hereafter enacted, that apply to residential structures within the Township. These structures could be converted to year-round dwelling purposes.
[Ord. 75-1, 1/6/1975; as amended by Ord. 76-1, 7/19/1976]
1. 
The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required.
2. 
Whenever required and/or provided under the provisions of this chapter, all access drives to or from public rights-of-way shall be designed according to the following standards:
A. 
Except in the case of single-family and two-family dwellings when served by a minor residential street:
(1) 
The general layout shall be such that there will be no need for motorists to back over public rights-of-way.
(2) 
Access drives shall not exceed 35 feet in width within 12 feet of the street right-of-way line, excepting as increased by the curb radii.
[Amended by Ord. No. 05.12.2020.01, 5/12/2020]
(3) 
The number of access drives shall not exceed two per lot on any one street frontage. The Zoning Hearing Board may grant permission for additional access drives where required to meet exceptional circumstances and where frontage of unusual length exists.
(4) 
Access drives shall not cross the street right-of-way line:
(a) 
Within 40 feet of the right-of-way line of an intersecting street and in no case less than 10 feet from the point of tangency when the intersecting street lines are joined by a curve; notwithstanding the above and when deemed reasonably necessary for safety by the Zoning Hearing Board, this dimension shall be increased for access drives to shopping centers, other commercial, industrial, public or institutional uses. Such access drives shall be located on major streets where practical, in a manner to permit safe ingress and egress.
(b) 
Within 15 feet of a fire hydrant, catch basin or drain inlet.
(c) 
Within 40 feet of an access drive.
(d) 
Within three feet of a property line unless two adjoining owners mutually agree in writing to a common access drive.
(5) 
Access to the public highway or street shall be controlled in the interest of public safety. The off-street parking, loading, and service areas on all properties used for any purpose other than single-family residences, required by this chapter shall be physically separated from the highway or street by a pipe rail or fence at least three feet high and/or a planting strip.
(6) 
General Safety Requirement - Sight Distance. Driveways shall be located in safe relationship to vision, and shall not exceed a slope of 10% within 12 feet of the street line. Where drives enter a bank through a cut, unless a retaining wall is used, the side slopes of the cut shall be graded to not more than 1/2 foot vertical to one foot horizontal within 10 feet of the point the drive intersects with the right-of-way line.
(7) 
Submission of Plans. A scaled drawing of proposed off-street parking and loading areas, access drives, and walks shall be submitted as part of the required plot plan. Any plan requiring access onto a state highway shall be approved by the Pennsylvania Department of Transportation; and access to local roads shall be subject to the Zoning Officer's approval. The Zoning Officer may make a preconstruction inspection of the site and shall advise the applicant as to the property of the proposed construction; if the proposed construction meets the requirements of the laws and ordinances pertaining thereto, shall issue a temporary permit which shall allow construction to be commenced in accordance with the submitted plans; upon completion of the construction work the applicant shall notify the Zoning Officer who may then make a final inspection, and, if the construction was performed in accordance with the temporary permit, he shall issue a final permit approving the construction, provided that in the course of construction the applicant may request additional inspections to amend the temporary permit.
[Ord. 75-1, 1/6/1975]
1. 
Where a court is provided for the purpose of furnishing adequate light and air, or where a court is otherwise provided, such court shall conform to the following requirements:
A. 
An open space in the form of an inner court or outer court shall be provided in connection with any building in any residential or business district, wherever any room therein, in which a person or persons live, work, sleep, or congregate, cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open in such court. Court dimensions shall meet the minimum established or required by the Board of Health and/or the Department of Labor and Industry.
B. 
Any building that will include approved air-conditioning and artificial lighting may be erected irrespective of the provision of courts as above.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1. 
All erosion and sedimentation controls set forth in the existing or hereafter enacted Subdivision and Land Development Ordinance [Chapter 22] and the following regulations shall apply to structures hereafter erected adjacent, or near, to streams and drainage channels. Should a conflict in regulations arise the Planning Commission shall determine which one shall apply.
A. 
In all districts, no permanent structure shall be permitted within 15 feet of the edge of any stream or existing natural drainage channel or such additional space as may be required by the Zoning Hearing Board because of existing conditions.
B. 
If normal agricultural operations require a fence to cross a stream or drainage channel, such fence shall be permitted only if it does not restrict the natural flow of water.
C. 
All structures and lots must be adequately drained at all times.
D. 
Fill materials may be placed along the outer lines of any stream or drainageway when approved as a special exception and authorized by the Zoning Hearing Board and when so approved shall be subject to the following conditions:
(1) 
Factual evidence shall be submitted to the Zoning Hearing Board indicating that the cross section area of the stream drainageway will not be reduced and will be sufficient to contain anticipated run-off based on past frequency records.
(2) 
Evidence shall be submitted indicating the approval and permission for the proposed fill from the Pennsylvania Department of Environmental Protection.
(3) 
All other regulations of the Commonwealth of Pennsylvania governing all activities within and adjacent to stream bed areas shall be in full force and effect.
[Ord. 75-1, 1/6/1975]
1. 
The minimum habitable floor area of a single-family detached dwelling hereafter erected shall be 600 square feet and shall include only the living room, dining room, kitchen, one bedroom, and bathroom. Closets, bedrooms in excess of one, utility rooms, basements, attics, hallways, stairways and unheated areas shall be floor area in excess of the 600 square feet required.
2. 
In the case of apartment houses, the minimum habitable floor area shall be not less than 400 square feet per apartment; except those apartments designed for, and occupied exclusively by, one or two persons (efficiency apartment) shall contain not less than 250 square feet of habitable floor area; provided that these figures do not include hallways, stairways, closets, utility rooms, basements and unheated areas.
[Ord. 75-1, 1/6/1975]
1. 
No repair work requiring motor overhaul, (other than spark plug replacement, minor carburetor adjustments, and similar minor adjustments), transmission repair, differential repair, brake bands and shoes and similar services, is performed out-of-doors.
2. 
Pumps, lubricating, or other fuel dispensing devices are located at least 15 feet from any street line or highway right-of-way.
3. 
All fuel, oil, or similar substances are stored at least 25 feet distant from any street or lot line.
4. 
All new or used automobile parts, dismantled vehicles and similar articles are stored within a building.
5. 
Buffer yards shall be required when the property abuts a residential district and areas provided in addition to other yard requirements.
A. 
Buffer yard width: 15 feet.
(1) 
Planted with vegetative material including shrubs and evergreens, branched to the ground and capable of a growth to six feet in height; and, further provided, that a sufficient number shall be planted to provide a visual screen to neighboring residential properties.
(2) 
When deemed necessary by the Board to protect property values and the neighborhood environment, a row of trees planted not more than 40 feet on center, shall be required to provide a visual screen to a greater height and in addition to the planting required in Subsection 5A(1) above.
(3) 
Trees that shall not be used in planting of buffer yards are:
(a) 
Poplars; all varieties.
(b) 
Willows; all varieties.
(c) 
White or silver maple (Acer Saccharinum).
(d) 
Aspen, all varieties.
(e) 
Common black locust.
[Ord. 75-1, 1/6/1975; as amended by Ord. 11.2.04, 11/2/2004, § 4]
1. 
Height regulations shall not apply to necessary mechanical appurtenances.
2. 
No structure shall be hereafter erected less than one story in height. (See definitions for "basement" and "cellar.")
[Ord. 75-1, 1/6/1975]
1. 
In addition to the off-street parking space required herein, any building erected, converted or enlarged in any district for commercial, office building, manufacturing, wholesale, hospital or similar uses, shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size loading space shall be 50 feet in depth, 12 feet in width, with an overhead clearance of 14 feet, and shall be provided according to the following schedule:
Use
Gross Floor or Space Area - Square Feet
Minimum Number of Spaces
Stores, manufacturing, wholesale, commercial hospitals, laundry, mortuary, dry cleaning, and similar uses
Under 8,000
1
8,000 to 40,000
2
40,000 to 250,000
3
Each additional 200,000
1
Office buildings, hotels
Under 100,000
1
100,000 to 300,000
2
Over 300,000
3
A. 
In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of-way be used for loading or unloading of materials.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-4, 4/6/1982]
1. 
Except as otherwise specifically provided in this section, the minimum lot area per family shall not be less than 20,000 square feet. In all cases, the lot area shall be of sufficient size to provide for the installation of approved septic, sewer and sanitary facilities that may be required by the applicable laws and regulations, and to provide for appropriate water supply to the premises as may be determined by the applicable laws and regulations and to assure that the proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
2. 
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
A. 
Lot of Record. In the case of a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the requirements for the minimum area for the district in which it is located, a building may be erected or altered thereon.
B. 
In the case of a lot held in single and separate ownership at the effective date of this chapter which because of unusual conditions of depth or width has difficulty in providing the required open spaces of the district in which it is located, the required open spaces may be decreased.
3. 
Lot width and setbacks by reason of odd shaped lots caused by curves in roads or culs-de-sac, may be adjusted by the Zoning Officer in order to eliminate unnecessary hardships inadvertently created.
4. 
In the case of Subsections 2 and 3, consideration should be given to the provision of front, side and rear yards in ratio to minimum requirements through careful placement of structures. In no event shall a structure be erected closer than 30 inches to a property line.
[Ord. 75-1, 1/6/1975]
1. 
Lot Access. No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least 20 feet wide and shall extend to a public street or highway, or to a private street or highway having a cartway so constructed and maintained that vehicles of all kinds may readily pass over it at all seasons of the year. For the purpose of this section, an alley shall not constitute a public street or highway.
2. 
Corner Lots. In the case of a corner lot, the front yard on the long dimension may be reduced by an amount not to exceed 30% of the required front yard depth for the district in which the lot lies. The remaining two yards shall constitute a side yard and a rear yard.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-5, 7/6/1982; by Ord. 3.2.04, 3/2/2004, § 3D; and by Ord. 8.5.2008, 8/5/2008]
1. 
Mobile/manufactured homes shall not include, nor should they be confused with, sectional and/or prefabricated homes hauled on trucks or other vehicles.
A. 
Temporary Quarters. Mobile units providing temporary quarters either residential or commercial, shall not be permitted in any district except in an approved recreation vehicle park, or when authorized by the Township Supervisors as a conditional use and for a limited period of time, and when so authorized, shall be subject to the approval of the Department of Environmental Protection and the following:
(1) 
A temporary permit shall be required, and said permit, if issued, shall indicate the period of time for which the exception was granted; and further that no temporary permit shall be issued for any period exceeding one year.
(2) 
Any person, firm or corporation holding a legal temporary permit may apply for an extension of time, not to exceed 90 days. Such application shall set forth the reason or reasons necessitating the extension.
(3) 
The Township Supervisors shall grant an extension of the temporary permit time limit, if in their opinion the applicant encountered unforeseen circumstances, deemed to be no fault of his own, in carrying out the operations for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would result in an undue hardship to the applicant.
(4) 
Any provision of Subsection 2 hereof the Supervisors deem applicable.
2. 
All mobile/manufactured homes, excepting those placed in lawful existing mobile/manufactured home parks, used as independent units or located in a district as a permanent mobile/manufactured home shall conform to the following provisions:
A. 
Location and Placement on Site. A mobile/manufactured home shall be placed upon a lot only as allowed under the applicable use regulations of this chapter and if the requirements of this section are adhered to.
B. 
Every lot to be used for the placement of an individual mobile/manufactured home shall have a gross area at least equal to the minimum lot size of the district in which it is located. In addition, the unit must be situated on the lot to meet the applicable minimum setback line requirements.
C. 
Every mobile/manufactured home shall be placed upon a foundation. One of the following types of foundations must be utilized:
(1) 
Permanent Foundation. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such a foundation shall be constructed to leave no unnecessary open space between the mobile/manufactured home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing.
(2) 
Stand or Pad. A pad or stand, properly graded, placed, and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons may be utilized, particularly in situations where a permanent foundation is not practical or a temporary foundation is desirable. Where this type of foundation is used, masonry piers must be utilized which piers shall extend below the frost line. Such piers must be located in accordance with the manufacturer's recommendations. If no such manufacturer's recommendations are provided, the piers must be at least equivalent in size to that of eight-inch concrete blocks and shall be spaced on either side of the mobile/manufactured home under its supporting members, with interval spacing between the piers of not more than 10 feet along the length of the mobile/manufactured home. The overhang of the mobile/manufactured home at either end beyond the pier shall not exceed 24 inches. In all instances, such piers must be so installed as to bear the weight of the mobile/manufactured home.
D. 
Every mobile/manufactured home shall be firmly anchored to its foundation prior to the unit being occupied or used in order to prevent overturning or uplift. The mobile/manufactured home foundation shall be provided with anchors and tie-downs, such as cast-in-place concrete "deadmen" eyelets embedded in concrete or runways, screw augers or arrow head anchors. The anchoring system shall be designed to resist a minimum wind velocity of at least 90 miles per hour.
E. 
Each mobile/manufactured home shall have a continuous wall around its entire perimeter. The wall shall be constructed in accordance with one of the following methods:
(1) 
Permanent Wall. A permanent wall may be constructed of concrete or masonry and shall extend from the unit floor system to concrete footing below the subgrade frost line, i.e., the extension of a permanent foundation.
(2) 
Skirting. If a masonry wall is not used, each mobile/manufactured home shall be encircled with skirting designed to compliment its appearance. Skirting shall include materials which have been prefabricated for this specific purpose or other impervious, moisture resistant materials, and shall not include bales of hay, straw, interior plywood, unfinished woods, or like materials. At a minimum skirting must be used when a pad or stand is utilized as a foundation.
F. 
Access to crawl space created by the installation of a wall shall be provided by means of a door or panel capable of being locked.
G. 
Every mobile/manufactured home unit to be used as a dwelling unit must be at least 10 feet in width and 50 feet in length and contain a minimum of 500 square feet of living space, provided that smaller mobile/manufactured homes may be approved as a conditional use. The standards relating to conditional uses as set forth in this chapter shall apply.
H. 
Every unit which is to be placed in a floodplain district or area must comply with all applicable regulations to said districts.
I. 
In all instances, the requirements set forth herein for placement upon a foundation or piers or for tie-down and anchoring of mobile/manufactured homes shall be interpreted so as to require conformance with and adherence to the manufacturer's recommendations which are provided by mobile/manufactured home manufacturers in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and any amendments thereto or statutes hereinafter enacted in replacement thereof.
J. 
Nothing in this chapter shall be construed as to impose any liability or responsibility upon Hepburn Township for providing adequate standards for placement and location of mobile/manufactured homes. The standards set forth herein shall be regarded as minimal and shall not be regarded as certifying or warranting in any way that mobile/manufactured homes placed or located in conformance herewith are safely placed or located.
K. 
Controls on Development.
(1) 
Mobile/manufactured homes used as permanent units or as independent dwelling units shall meet the minimum standards of all local building, housing, electrical, plumbing and other codes in force or hereinafter enacted.
(2) 
A mobile/manufactured home shall be subject to all controls set forth herein governing other dwelling units permitted in the applicable districts.
(3) 
A mobile/manufactured home shall not be removed from a lot until a permit has been issued by the Tax Collector and such permit shall not be issued by the Tax Collector until factual evidence is available indicating that taxes levied have been paid, and the Zoning Officer has been so informed.
(4) 
Within five days after removal of the mobile/manufactured home, the foundation shall be removed and the site backfilled by the owner to an approved grade as established by the Zoning Officer. In lieu of this, the owner may sell or otherwise legally transfer the lot to house another mobile/manufactured home on the same foundation provided that such transaction takes place before the mobile/manufactured home is moved from the site.
L. 
Retroactivity of Skirting Requirements. All mobile/manufactured homes presently situated within the Township within six months of the date of enactment of this chapter shall be required to comply with the skirting requirements as set forth under Subsection 2.
3. 
Mobile/Manufactured Home Parks. See Hepburn Township Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 75-1, 1/6/1975; as amended by Ord. 1986-1, 5/20/1986; by Ord. 1988-1, 5/5/1988; and by Ord. 8.5.2008, 8/5/2008]
1. 
A natural resource production use may be permitted in R-C, R-M or R-S Districts of the Township as a conditional use, except if the use is specifically prohibited under Part 5, "District Regulations." A natural resource production use shall be as defined under this chapter or any substantially similar use.
2. 
The following paragraphs set forth the criteria for allowance of such use which shall be considered by the Board of Supervisors in the granting of the conditional use in addition to other conditional use requirements under other provisions of this chapter. The Board of Supervisors may impose any appropriate conditions to assure compliance with any of the following paragraphs and other provisions of this chapter, the Subdivision Ordinance [Chapter 22] or other Township ordinances, rules or regulations:
A. 
All such applications shall set forth what other state, federal or other governing authority approvals must be obtained; the obtaining of and maintenance of such approvals shall be a condition of the grant of the conditional use.
B. 
A time limit for the natural production use may be imposed commensurate with the scope of the operations, provided that extensions of the permit may be granted upon an application which shall be acted upon under the same procedures as original permits are granted.
C. 
Natural resource production use applications shall include a sufficient sketch or plan to enable the Supervisors to determine the location, scope, nature of the activity and the effect of the same upon the adjacent properties and roadways. A copy of any plans which may be required to be prepared or maintained under any state law and regulations or those of any other governing authority, which pertain to the activity shall be attached to the application or if not prepared at the time of the application, shall be filed with the Zoning Officer, prior to the commencement of the activity. The application for such use shall not be granted until all such applications, except for timber harvesting, shall be certified by a professional engineer or registered land surveyor showing the plan of the property where the natural resource production use is to occur and the extent of such operation including existing structures, slopes, boundary lines of adjacent properties together with an indication as to the use made presently of the subject tract and all adjoining tracts may be required by the Supervisors as part of the application for a conditional use.
D. 
All applications shall show the Township roads which will be used in development of the natural resource production use and when required by the Supervisors shall be accompanied by an engineer's certification that such use will not cause any deterioration in the existing Township roads to be used in the natural resource production activity. The use of any Township roads, rights-of-way, or easements which subjects the same to excessive weights or damage in excess of the normal public traffic thereon shall be allowed only if the expense of maintaining, improving, grading, and use thereof is borne by the applicant for the conditional use and provided that the safety to the other public traffic is not impaired unduly. Appropriate requirements for improvements and maintenance of the Township roads, ditches, rights-of-way and easements, and protection of the public may be required.
E. 
The Township may also require as a condition of granting such permits performance bonds to guarantee the restoration of the property and compliance with other conditions of the conditional use, in an amount that is reasonable. Prior to commencement of any natural resource production use a bond, underwritten by a security company authorized to conduct business within the Commonwealth of Pennsylvania, in favor of the Township in the minimum amount of at least $1,000 or such other higher amount as may be reasonable under the circumstances, shall be posted to guarantee the preservation of the integrity of the Township roads. The amount of the bond, shall be in an amount per mile of Township road subject to use in the activity as follows: (1) for unpaved roads, $1,000, and (2) for macadam or improved roads, $3,000. The amount of said bond shall be prorated based upon the actual mileage involved to the nearest tenth of a mile, provided that the minimum amount shall not be reduced to below $1,000. Otherwise, bonds shall be administered in accordance with the provisions of this chapter relating to bonds.
F. 
Proper erosion and sedimentation control measures and stormwater management controls shall be taken in the carrying out of any natural resource production use. The Office of the Lycoming County Conservation District and/or the Pennsylvania Department of Environmental Protection may be consulted by the Township to review the application. The applicant shall provide such office with information that they may reasonably require and their recommendations may be made a condition of the use.
G. 
All property involved in a natural resource production use shall be completely regraded and reseeded as may be reasonably required at the termination of the use so as to restore the property into a condition essentially similar to that which existed prior to the development of the use or other such reasonable condition as may be approved by the Township, which will prevent undue erosion and make the property usable in the future for other purposes.
H. 
Appropriate certifications that all applicable governmental regulatory approvals have been obtained, together with copies of such approvals, shall accompany all applications and compliance with all such regulations shall be a condition of the use.
I. 
A substantial fence completely separating the area to be developed or used in the natural resource production use activity may be required and shall be required if the use activity is located within 200 feet of a residential lot or an R-S or R-M, or C-H zoned district, or within 200 feet of such a district boundary. The type and nature of the fence shall be as determined by the supervisors under the circumstances that may exist from time to time and shall be such as will reasonably protect the public, adjoining landowners and others from suffering injury to their person or property as a result of the use.
J. 
No top of the slope or quarry shall be nearer than 100 feet to any property line or street line.
K. 
No rock crusher, cement plant or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process of treating such products shall be permitted in residential areas; and when in other areas such operation shall be subject to such conditions and safeguards as deemed necessary by the Board of Supervisors to protect the public health, safety and welfare.
L. 
The natural resource production use shall be conducted in accordance with all the provisions of the Surface Mining Conservation and Reclamation Act, 52 P.S. 1396.1 et seq.
(1) 
This law regulates all surface mining except:
(a) 
Extraction of minerals (other than coal) by a landowner for his own noncommercial use from land owned or leased by him;
(b) 
Extraction of such noncoal minerals for commercial purposes in an amount less than 500 tons per acre in any given year;
(c) 
Extraction of noncoal minerals for highway construction purposes, provided the work is performed under bond, contract and specifications which provide for reclamation of the area; and
(d) 
The use of slag on the premises of a manufacturer as a part of the manufacturing process.
(2) 
Though some uses are exempt from said act all applicable sedimentation and erosion control measures remain in force.
[Ord. 75-1, 1/6/1975]
1. 
General Regulations.
A. 
Off-street parking facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.
B. 
Each parking space shall consist of not less than an average of 270 square feet of usable area for each motor vehicle including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Notwithstanding the above, all parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than nine feet wide and 20 feet long. Outdoor parking spaces, and the approaches thereto, shall be paved, or covered with gravel or cinders. Such outdoor parking space shall be deemed to be part of the open space of the lot on which it is located. In commercial districts, all parking lots shall be surfaced with a permanent material.
C. 
A garage may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.
D. 
Parking spaces may be located on a lot other than that containing the principal use with the approval of the Planning Commission.
E. 
Surfacing. Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, and shall be so arranged as to provide for orderly and safe parking and storage of self-propelled vehicles.
F. 
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any residential district.
2. 
Access. There shall be adequate provision for ingress and egress to all parking and loading spaces for use by the public, and for commercial, business and industrial purposes. Where a parking or loading area does not abut on a public right-of-way or private alley or easement of access, there shall be provided an access not less than 12 feet in width when the majority use is private automobile, and not less than 18 feet in width in all other cases, leading to the parking or storage areas or loading or unloading spaces required hereunder.
3. 
Parking Facilities Required.
A. 
Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used shall be provided with not less than minimum parking spaces, as set forth hereafter, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number:
(1) 
Residential Parking.
(2) 
Dwelling. One-family, two parking spaces for each family unit.
(3) 
Dwelling. Two-family, two parking spaces for each family unit.
B. 
For the purpose of this chapter, in residential districts when parking spaces are required for dwellings, an attached or unattached garage or carport on the premises and that portion of the driveway off the public right-of-way may be considered as parking space.
(1) 
Multiple-Dwellings, Apartment Houses, and Conversion Apartments. The total number of parking or garage spaces shall not be less than two times the number of dwelling units in the building. A garage accessory to an apartment house shall provide for the storage of vehicles of the owner, tenants, and employees. No parking space shall be provided nor parking permitted in front yard areas of apartment houses, unless approved by the Planning Commission. [See Subsection 3B(4) hereof.]
(2) 
Boarding or Rooming Houses, Hotels, Motels, and Tourist Homes. At least one parking space for each guest room. If a restaurant and/or banquet room in connection with the above is open to the public, the off-street parking facilities shall not be less than those required for restaurants, in addition to those required for guest rooms.
(3) 
Fraternities. At least two parking spaces for each three student accommodations provided.
(4) 
Apartments designed and erected to house elderly citizens shall have parking spaces provided equal to at least 20% of the number of dwelling units.
C. 
Commercial Parking. The following regulations shall be applied to new facilities included within and/or comprising shopping centers, plazas, and neighborhood centers hereafter erected. The requirements herein may be modified and in some cases removed by the Zoning Hearing Board when it is determined by the Board that public parking lots and facilities are available in sufficient number to negate the need for customer parking on the premises.
(1) 
Theaters, auditoriums, churches, schools, stadiums, or any other place of public or private assembly. At least one parking space for each three seats provided for public or private assembly.
(2) 
Retail stores and other places for trade or business. One vehicle space for each 200 square feet of floor area for public use.
(3) 
Restaurant, tearooms, and cafeteria including taprooms, taverns and nightclubs. One vehicle space for each 50 square feet of floor area for public use.
(4) 
Bowling alley. Five vehicle spaces for each alley. If pool billiards, or other activities are provided, one additional space shall be required for each 40 square feet of floor area used for such additional activity.
(5) 
Office building. At least one parking space for each 300 square feet of floor area or fraction thereof.
(6) 
Public garages, automobile, and gasoline service stations. At least one parking space for each 200 square feet of floor or ground area, or fraction thereof, devoted to repair or service facilities, which shall be in addition to the space allocated for the normal storage of motor vehicles. In no event shall parking be permitted on the public rights-of-way.
(7) 
Parking garage. No parking space shall be required in yard areas; however, no parking shall be permitted on the public rights-of-way.
(8) 
Hospitals, sanitariums, and nursing homes. At least one parking space for each three patients for which accommodations are provided; such spaces shall be in addition to those necessary for doctors, administrative personnel and other regular employees on a one-to-one basis.
(9) 
Other commercial buildings. At least one parking space for each three employees.
(10) 
Drive-in dairy and restaurants. Provisions for parking for drive-in facilities must meet with the approval of the Planning Commission and under no conditions will parking on the public rights-of-way be permitted.
(11) 
Dance halls, roller rinks, clubs, lodges, and other similar places. At least one parking space for each 100 square feet of floor area.
(12) 
Swimming pool. At least one parking space for each four persons for whom facilities for dressing are provided; or at least one parking space for every 50 square feet of water surface, including areas for swimming, wading and diving, whichever requirement is the greater. At the discretion of the Planning Commission, the parking space requirements may be modified based on the number of citizens within walking distance of the pool locale.
(13) 
Undertaking establishments. At least one parking space for each 100 square feet of floor area for public use. Such space shall be in addition to:
(a) 
Employee parking needs; and
(b) 
A service area for mobile equipment, such as hearses and ambulances.
D. 
Home Occupations. (Note the following guides are for spaces in addition to the ones required for the residence.)
(1) 
Legal office. One space for each employed person (the resident attorney, an associate, etc.); two additional spaces for clients and occasional sales persons or consultants.
(2) 
Architects and landscape architects. One space for the resident architect and one additional space for an employee. Two additional spaces for clients and/or other visitors.
(3) 
Engineers and accountants. One space for the resident and one additional space for an employee. Two additional spaces for clients and occasional visitors.
(4) 
Physicians and dentists. One space for the resident and one additional space for the employee, associate or other affiliated person; and three additional spaces for patients.
(5) 
Realtors, insurance agents, offices of elected officials. Three spaces.
(6) 
Barber shops and beauty parlors. Four spaces. If there is only one customer facility provided (one barber chair, one dryer, etc.), three spaces may be approved.
(7) 
Dressmakers, milliners and others. Three spaces.
E. 
Industrial Parking. These regulations shall apply to industrial expansion and industrial installations erected after the effective date of this chapter. Off-street parking shall be provided in accordance with the following schedule:
(1) 
Industrial and manufacturing establishments. One and one-half vehicle parking spaces for each two employees on the largest shift.
(2) 
Truck terminals and wholesale warehouses. One and one-half parking spaces for each two employees on the largest shift.
(3) 
Visitors. Space shall be provided in addition to the above parking requirements according to the specific needs as determined by the Planning Commission. For the purpose of this chapter, salesmen and out-of-town personnel are visitors.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1. 
General Regulations.
A. 
The Board of Supervisors may enact, amend, and repeal ordinances fixing standards and conditions for a planned residential development. The enacting procedures shall be the same as those required for enactment of a Subdivision and Land Development Ordinance [Chapter 22] in accordance with Act 247. The purpose of such ordinances is to assure that the provisions of Zoning (Article VI of the Municipalities Planning Code, 53 P.S. § 10601 et seq., which are concerned in part with uniform treatment within each zoning district, shall not be applied to the improvement of land other than lot by lot development.
B. 
The grant of power for planned residential development is pursuant to Article VII of the Municipalities Planning Code, 53 P.S. § 10701 et seq., and includes the right to approve, modify, or disapprove any development plan within the Township.
C. 
Every ordinance and all amendments thereto shall be based on and interpreted in relation to the comprehensive plan for the development of the Township.
D. 
Planned residential developments may include, but not necessarily be limited to, single dwelling units, two-family dwelling units, multi-family dwelling units including multi-story structures or any combination thereof. It may also include nonresidential uses deemed appropriate for incorporation in the design of the planned residential development. Standards governing the density or intensity of land use, the amount and location of open space, and the basis for incorporating nonresidential uses shall be set forth as an ordinance applied to specific land area or areas within the Township.
E. 
Application procedures, tentative and final approvals, public hearings, and construction of planned residential developments shall be in full accordance with Article VII, §§ 701 through 712, inclusive, of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10701 — 10712.
F. 
The Subdivision and Land Development Ordinance [Chapter 22] of the Township shall be the guide to follow for preliminary and final plan and for minimum physical improvement to the site.
G. 
All regulations set forth under this chapter for signs, parking, loading, drainage, and other applicable controls shall apply. Notwithstanding, where this Appendix sets forth more stringent regulations and controls, such shall prevail.
2. 
Performance Standards.
A. 
The purpose is to establish minimum environmental standards with which all proposed land uses, and structures must comply. Evidence of ability to comply shall be required prior to the issuance of a building permit or a certificate of occupancy, and continued compliance shall be required during the operation of such land uses and structures.
B. 
Where, in the opinion of the Zoning Hearing Board and the Board of Supervisors, there is a probable violation of any performance standard, they are empowered to have a qualified technician perform such investigations, measurements, and analysis as may be necessary to determine whether or not there is in fact a violation; the offender shall bear the cost incurred by the Township in retaining the qualified technician. If no offense is found, costs shall be borne by the Township.
(1) 
Residential Standards; Residential Densities. (Units per gross acre of land to be developed for each purpose).
(a) 
Single-family residential structures shall not exceed five families per acre.
(b) 
Duplex (two-family structures) shall not exceed nine families per acre.
(c) 
Multiple dwellings (more than two per structure).
1) 
Structures housing less than seven families shall not exceed 16 families per acre.
2) 
Structures housing less than 17 families shall not exceed 21 families per acre.
3) 
Structures housing over 17 families shall not exceed 62 families per acre.
4) 
Structures housing over 17 units all designed for couples without children (elderly and others) shall not exceed 100 units per acre.
(2) 
Coverage (Residential).
(a) 
Single-family and two-family structures - not over 25%.
(b) 
Multi-family structures including townhouses - not over 35%.
(3) 
Yards and Setbacks.
(a) 
A setback of not less than 30 feet from a public right-of-way for single and two-family structures.
(b) 
A setback of not less than 25 feet from an adjacent property line shall be required.
(c) 
For other circumstances requiring a setback the distance shall be recommended by the developer and shall be reviewed by the Planning Commission. Following the review they may be approved and/or adjusted as deemed necessary.
(d) 
Yard area minimum shall be recommended by the developer and submitted for review by the Planning Commission. Following review they may be approved and/or adjusted as deemed necessary for the health, safety and welfare of the citizens.
(4) 
Heights of Structures. No regulation; however the heights suggested by the developer must be in conformance to good construction practices and be ample to provide space for proper use of the premises and to provide light and air for the health and welfare of the occupant.
(5) 
Privacy. All new land developments and structures shall, by site planning, location and orientation of structures, provide visual and acoustical privacy between themselves and adjoining lots and structures. The conditions of existing adjacent lots and structures shall govern the design of new lot developments and structures in the question of privacy.
3. 
Commercial and Industrial Standard.
A. 
Area.
(1) 
No Minimum. The developer must submit a proposal for site development including the basis upon which the need for the commercial and/or industrial enterprise was determined.
(2) 
The developer must demonstrate that the area proposed is sufficient to provide for all structures, service and parking areas and open spaces necessary to the proper functioning of the proposed use.
B. 
Nuisance and Hazard Abatement.
(1) 
Noise. At no point on or beyond the boundary of any lot shall the sound pressure level resulting from any use or activity, whether open or enclosed, (except noise not directly under control of the property user, noises resulting from the construction preparation, and the noises of safety signals, warning devices, railroads, and automobile traffic) exceed the maximum permitted decibel levels for the designated octave band as set forth in the table below:
Octave Band, Frequency in Cycles per Second
Sound Pressure Level in Decibels
0 to 74
73
75 to 149
68
150 to 299
60
299, 300 to 599
53
600-1, 199
47
1,200 to 2, 399
41
2,400 to 4, 799
35
4,800-and over
33
(2) 
Odors. No continuous, frequent, or repetitive emission of odors or odor-causing substances which would be offensive at or beyond any property line will be permitted. The existence of an odor shall be presumed when the concentration of the odor-causing substance or substances in the air at any point at or beyond the property line of the source exceeds the lowest concentration listed as the odor threshold for such substance or substances in Table III (Odor Thresholds) appearing in Chapter 5 of the Air Pollution Abatement Manual, copyright 1952 by the Manufacturing Chemists Association, or as subsequently amended. Substances not cited in said table shall be deemed odorous when analysis by a competent technician demonstrates that a discernible odor is being emitted.
(3) 
Offensive Area. All areas for parking, recreation, service, utility equipment, waste receptacles, and/or other elements which because of their appearance, odor and/or noise would be offensive to those occupying the lot or adjoining lots or those on the street, shall be screened, landscaped or otherwise treated to eliminate the offensive condition.
(4) 
Lighting. Lighting of all types shall be directed so as to reflect away from adjacent lots and public rights-of-way.
(5) 
Landscaping. Natural landscaping elements, trees, shrubs, rocks, streams, contours, are a valuable asset in the urban environment. All site developments shall retain as much of the natural landscaping to a quality comparable to that of the surrounding properties.
(6) 
Fire. No structure or activity on a site or within a structure shall pose a hazard of fire for adjacent lots and/or structures. Access for firefighting men and equipment shall be provided for every structure on the site.
(7) 
Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringelmann Chart, published by the U.S. Bureau of Mines, (Powers' Micro-Ringelmann Chart, McGraw-Hill Publishing Company, 1954, may be used.)
(8) 
Toxic and Noxious Matters. No emission which would be demonstrably injurious to human health, animals, or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction, adequate safeguards considered standard for safe utilization of the toxic and noxious matters involved shall be taken.
(9) 
Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the applicable regulations of the Atomic Energy Commission.
(10) 
Fire and Explosive Hazards.
(a) 
The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, but only if said material or products are stored, utilized, or manufactured within completely enclosed building having incombustible exterior and protected throughout by an automatic fire extinguishing system.
(b) 
All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate firefighting and suppression equipment and devices standard to the industry involved.
(11) 
Glare and Heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line, except during the period of construction of the facilities to be used and occupied.
(12) 
Electromagnetic Radiation. In the interest of maintaining an atmosphere fruitful to research, there shall be no electromagnetic interference that adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference, or that is not in conformance with the regulations of the Federal Communications Commission.
(13) 
Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission which can cause any damage to health, to animals or vegetation, or their forms of property, or which can cause any excessive soiling at any point, and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at any point shall be permitted. This shall be measured at the point of emission.
(14) 
Water. No emission of polluters (as defined by the Pennsylvania Department of Environmental Protection) into a waterway or sewage system extending beyond the property line shall be permitted.
C. 
Open Space.
(1) 
Open space shall be required within every area developed as a planned residential development. The open space shall provide among others, recreation areas, slope preservation, stream protection areas, public use areas, areas where public uses may be permitted to include educational facilities, churches, utilities, transmission services, municipal uses, etc.
(2) 
The developer shall submit a proposed method for identifying the open space and preserving it for public use; for its development and maintenance; and the organization and/or agency proposed to police the area and its maintenance, all in accord with the Planning Commission.
D. 
Plan Presentation, Approvals, Hearing. All procedures involving the review, approval, tentative approval, rejections and hearings on planned residential development shall be carried out as set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq.
[Ord. 75-1, 1/6/1975; as amended by Ord. 8.5.2008, 8/5/2008]
1. 
Recreation vehicles shall not include nor should they be confused with sectional and/or prefabricated homes hauled on trucks or other vehicles.
A. 
All licensed recreation vehicles, including trailers and campers, should be stored and maintained:
(1) 
Either 40 feet from any neighboring property line; or
(2) 
Within a structure; or
(3) 
Behind a screen or planting approved by the Planning Commission which provides visual protection to adjoining properties.
2. 
Recreation vehicle parks, in districts where permitted, shall be subject to the following safeguards and regulations:
A. 
The driveways, exits, entrances, and walks shall be lighted and paved in accordance with Township standards. One-way traffic cartways shall be not less than 12 feet wide and two-way traffic cartways shall be not less than 22 feet wide.
B. 
Access to vehicle spaces shall not be permitted from any public road. All such access will be provided by an internal access road.
C. 
An area of not less than 1,500 square feet shall be provided for each vehicle.
D. 
The minimum width of each vehicle space shall be 25 feet.
E. 
The minimum depth of each vehicle space shall be not less than 60 feet; or 30% longer than the length of the vehicle, whichever requirement is greater.
F. 
Each vehicle shall be located not less than 25 feet from any building and not less than 30 feet from lines bounding adjacent property.
G. 
Separate provision shall be made for the parking of tow equipment on or adjacent to the vehicle space, or at a location removed from the vehicle space. There shall be one such off-street parking space not less than 10 feet wide and 20 feet long for each vehicle space in the park.
H. 
In addition to the off-street parking as required in § 27-614, Subsection 3C(6), above, there shall be additional off-street parking space required equal to 1/2 of the number of vehicle spaces provided in the park.
I. 
Recreation vehicle parks shall be provided with screening such as fences, or natural growth along the property boundary line separating the park and adjacent uses. If the buffer yards are already wooded this plant life shall be maintained as screening.
J. 
The plan of any proposed recreation vehicle park development shall be presented to the Planning Commission for approval before any construction and any vehicle shall be permitted on the site.
K. 
Sewers.
(1) 
Each vehicle park shall be provided with sewage disposal facilities. The proposed provisions for sewage shall be presented to the Planning Commission and the Municipal Engineer for approval before any vehicle shall be permitted on the site. Approval shall be required from the Pennsylvania Department of Environmental Protection.
(2) 
A recreation vehicle park may be approved by the Planning Commission without individual sewerage connection, provided the park is serviced by approved central toilet facilities and central shower facilities. Approvals shall be required from the Township Supervisors and the Pennsylvania Department of Environmental Protection.
[Ord. 75-1, 1/6/1975; as amended by Ord. 87-2, 3/3/1987; by Ord. 87-5, 9/1/1987; by Ord. 1991-1, 3/15/1991; and by Ord. 12.08.15.04, 12/8/2015, § 2]
1. 
Signs may be erected and maintained only when in compliance with the provisions of this chapter and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
A. 
Signs in Residence Districts. The following types of signs and no other shall be permitted in residence districts:
(1) 
Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided:
(a) 
The size of any such sign is not in excess of six square feet; and
(b) 
Not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(2) 
Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other person interested in such sale or development, may be erected and maintained, provided:
(a) 
The size of any sign is not in excess of 20 square feet; and
(b) 
Not more than two signs are placed upon any property in single and separate ownership, unless such property fronts upon more than one street in which event two such signs may be erected on each frontage.
(3) 
Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the owner, developer, builder or agent, may be erected and maintained, provided:
(a) 
The size of any such sign is not in excess of six square feet, and not in excess of four feet in length;
(b) 
Not more than one such sign is erected on each 500 feet of street frontage; and
(c) 
Permission is given by the property owner.
(4) 
Signs bearing the word "sold" or the word "rented" with the name of the persons effecting the sale or rental may be erected and maintained, provided the conditions in Subsection 1A hereof, are complied with. Such signs must be removed within two weeks after the property is sold or rented.
(5) 
Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided:
(a) 
The size thereof is not in excess of 12 square feet; and
(b) 
Such signs are removed within five days after completion of the work.
(6) 
Trespassing sign, or sign indicating the private nature of a driveway or property provided that the size of any sign shall not exceed two square feet.
(7) 
Signs of schools, colleges, churches, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained, provided:
(a) 
The size of any such sign is not in excess of 40 square feet; and
(b) 
Not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage.
(8) 
Signs advertising the sale of farm products when permitted by this chapter, provided:
(a) 
The size of any such sign is not in excess of six square feet;
(b) 
Not more than two signs are used; and
(c) 
The signs shall be displayed only when such products are on sale.
(9) 
Signs advertising home occupations shall not be larger than eight inches by 24 inches, bearing the name and occupation (words only) on the practitioner.
(10) 
Business identification signs as permitted under Subsection 1C(2).
B. 
Outdoor Advertising Device.
(1) 
An outdoor advertising device may be erected or maintained in the Commercial Highway District of the Township when it is approved as a conditional use by the Township Supervisors.
(2) 
Procedures and standards pertaining to the approval of an outdoor advertising device as a conditional use, in addition to those generally applicable to conditional uses, shall include the following:
(a) 
An application for the erection of an outdoor advertising device shall be submitted to the Township Zoning Officer on such form as the Township shall from time to time deem appropriate. The application shall be drawn to scale and depict the location, size and type of the sign showing all essential features relating to its erection and construction. The application shall state the length of time for which the sign is to be erected. The application shall be accompanied by copies of all permit applications required to be submitted to other regulating authorities or governments. If the applicant is not the owner of the premises, a copy of the consent or easement approving the erection of the sign signed by the premises' owner(s) shall accompany the application.
(b) 
Upon receipt of the application, the Zoning Officer shall make an inspection of the site to determine its suitability for the erection of the type of sign applied for and shall take into particular consideration the effect that such sign shall have upon the safety and welfare of the traveling public and its effect upon any residential areas of the Township, which may have a view of such sign.
(c) 
The Zoning Officer shall regard the application for the erection of the sign as an application for a conditional use and shall advise the Township Secretary of the same.
[Amended by Ord. 04.12.16.01, 4/12/2016]
(d) 
An outdoor advertising device shall not exceed a size of 300 square feet in area.
(e) 
A structure which is used to support an outdoor advertising device may contain one or two signs per facing and the signs may be placed double-faced, back to back or V-type, but the total sign area shall not exceed 600 square feet on any one structure and the total area of the signs facing in any one direction shall not exceed 300 square feet.
(f) 
In determining whether or not to allow the conditional use, the Supervisors shall take into consideration the effect of the same upon the safety and convenience of the public using the highway or access thereto in the vicinity of the sign or within its viewing area. The Supervisors may require as a condition of the granting of such use, that those owning the premises and erecting the maintaining the sign shall enter into an agreement indemnifying and holding the Township harmless from any claims of injury or destruction of property arising out of the erection and maintenance of said sign, together with such proof of insurance or surety as may be reasonably anticipated to be required to protect the Township from any such claim.
(g) 
The payment of a fee in addition to the fee for a conditional use application shall be paid for the privilege of erecting an outdoor advertising device, as a condition for the granting of the conditional use, which fee shall be an amount as determined from time to time by resolution of the Supervisors, provided the fee resolution shall pertain to all outdoor advertising devices.
(h) 
All applicable governmental, laws, rules and regulations shall be complied with in the erection and maintenance of the sign. Evidence of such compliance shall be submitted at the conditional use hearing or at the discretion of the Supervisors at a later date, but prior to the erection of such sign.
C. 
On-Premises Signs.
(1) 
An on-premises sign may be erected in a Commercial Highway District provided that a zoning permit is applied for and obtained from the Zoning Hearing Officer.
(a) 
The sign shall not exceed 200 square feet in area.
(b) 
An application and inspection as set forth in Subsection 1B(2)(a) and (b) and the approvals required by Subsection 1B(2)(e) shall be required before the Zoning Officer issues the permit.
(c) 
Any such on-premises sign in excess of 200 square feet in area shall be applied for and permitted in the manner set forth for outdoor advertising devices, under Subsection 1B.
(2) 
Any business which is lawfully conducted in an area of the Township other than in a Commercial Highway District may erect a business identification sign, following the procedure above set forth for on-premises signs provided that the size of such signs shall not exceed an area of 25 square feet.
(3) 
The payment of a fee in an amount as determined from time to time by resolution of the Supervisors, provided the fee shall be the same for all on-premises signs erected in Commercial Highway Districts, up to 200 square feet in area; and, further provided, the fees shall be the same for all on-premises signs in areas other than a Commercial Highway District, which do not exceed an area of 25 feet.
D. 
Signs are permitted in residential districts under the provisions of Subsection 1A shall be permitted in all other districts of the Township.
E. 
Business Directional Signs. Directional signs for businesses may be erected in any zoning district, off of the business property, upon being approved as a conditional use, provided that the following regulations and conditions shall apply in addition to other criteria which applies to conditional uses in general:
(1) 
Directional signs may be erected along main roadways to direct vehicles or pedestrians to business establishments and locations whereon any premise sign is not easily seen from main roadways.
(2) 
Directional signs shall be ground-pole signs, unless impractical, with a maximum area of 15 square feet on a single-faced or 30 square feet on a double-faced sign.
(3) 
The contents of directional signs shall be limited to the name of the business establishment, direction and distance information, and type of business(es).
(4) 
Not more than three directional signs per business establishment shall be allowed.
(5) 
When more than one directional sign is requested at a single sign location area, all information shall be combined into one sign, known as a multiple business directional sign, which shall not exceed an area of 25 square feet for a single-faced sign or 50 square feet for a double-faced sign. Each such additional sign that is added to a multiple business directional sign shall be approved as a conditional use, unless the original conditional use application includes the business directional sign as a multiple business directional sign. The consent of the initial owner of the initial business directional sign must be obtained prior to the approval of a multiple business directional sign.
(6) 
The longest dimension of a directional sign shall not exceed two times its shortest dimension (length versus height).
(7) 
Business directional signs may be placed within the legal right-of-way limits of a highway, not withstanding contrary provisions of this chapter, provided that:
(a) 
Approval of the Pennsylvania Department of Transportation or other state regulating body is obtained for placement of signs within a state highway right-of-way.
(b) 
Approval of the abutting landowner is obtained.
(c) 
The Supervisors determine that the placement and construction of the sign and the nature thereof does not create a safety hazard, however, nothing contained herein shall authorize any such business directional sign to overhang the main traveled portion of the street or highway.
(8) 
The conditional use approval shall expire five years from the date of the approval of the first business directional sign at a given location. The conditional use may be renewed, upon expiration, provided that a new application is made under the laws, ordinances and regulations then existing and further provided that if more than one business has expressed an interest in locating a business directional sign at that location, which has not been authorized because of the limits upon the number of business directional signs available and/or because of the inability of obtaining permission of the initial owner of the business directional sign, the Supervisors, upon issuing of the new conditional use, may enact such conditions as may be deemed fair and equitable, including limiting the length of time of any renewed permit, so as to permit the maximum benefit to the maximum number of businesses permissible under the terms of this chapter.
(9) 
Directional signs shall be removed at the expense of the sign owner if and when the business ceases operation. The provisions concerning removal as set forth under the general regulations for all signs under this section shall apply to the removal. In addition thereto, a business that is not open for a consecutive period of six months, shall be deemed to have ceased operations for the purposes of this provision. Upon the ceasing of operations the conditional use shall be deemed terminated. If, upon the termination of one business using a multiple business directional sign, the remaining business or businesses may cause the sign to be relettered or replaced in substantially the same manner, deleting reference to the terminated business, without obtaining any additional permit or approval, provided that no substantial change in the sign's construction or appearance is made.
F. 
General Regulations for All Signs.
(1) 
The following regulations shall apply to all permitted sign uses:
(a) 
Signs must be constructed of durable material, maintained in good condition and not allowed to become dilapidated.
(b) 
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
(c) 
No sign, other than an official traffic sign, shall be erected within the lines of any street, unless authorized by the municipal Board of Supervisors for a special purpose.
(d) 
No sign shall project over a public sidewalk or public right-of-way.
(e) 
No permit or fee shall be required for the erection, alteration, or maintenance of any signs as permitted in Subsection 1A of this section, "Signs in Residence Districts."
(f) 
A sign shall be removed at the expiration of the time authorized by its permit, or when the subject matter of its message is outdated or no longer appropriate or when the circumstances leading to its erection no longer apply; provided, further, upon such occurrence the Zoning Officer shall be authorized to give notice requiring the removal of such sign within 30 days in the event they have not been previously removed.
(g) 
The owner of the premises upon which any sign is erected and those persons or entities causing the same to be erected or maintained, shall be responsible for any damage or injury resulting from the erection and maintenance of the same and shall be responsible for complying with the provisions of this chapter and all other applicable governmental rules and regulations.
(h) 
No animated sign shall be permitted in any district which, by reason of intensity, color, location, or movement, may be reasonably believed to be interfering with or abrogating public safety and/or welfare. The Zoning Officer will make such determination, subject to appeal of the Officer's determination.
[Amended by Ord. 04.12.16.01, 4/12/2016]
(i) 
Any spotlight permitted to illuminate a sign shall be shielded such that the light source cannot be seen from adjoining roads or the interior of adjacent residences.
[Amended by Ord. 04.12.16.01, 4/12/2016]
[Ord. 75-1, 1/6/1975; as added by Ord. 1991-1, 3/15/1991]
1. 
Municipal Buildings and Uses. This chapter shall not apply to any building of the Township if the Township Supervisors shall, after a public hearing, decide that such building or extension thereof or such use of any premises, is reasonably necessary for the convenience or welfare of the public, provided that any municipal recreational building or use may be established by the Township Supervisors at any location in the Township without holding such public hearing.
2. 
Public Utility Building and Uses. This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
A. 
Essential Services. The erection, construction, alteration, use and maintenance by municipal or governmental agencies and public utilities or public service corporations, of such facilities as are necessary for the furnishing of adequate service by such agencies, utilities or public service corporations, or for public health, safety, or general welfare, including underground or overhead electrical, gas, steam, or water transposal systems, including poles, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, gas regulator and measuring devices, including the structures in which they are housed, and necessary to the normal maintenance, repair or installation for any utility. Structures shall not be permitted for the housing of transformers, pumps, and similar equipment that cause any noise, odor, smoke or other hazardous effect. The installation of these "essential services" shall be permitted without the requirements of a public hearing by the Public Utility Commission, the Township Supervisors, or the Zoning Hearing Board.
3. 
Uses Not Permitted Nor Specifically Prohibited. If a use is proposed in the Township in a district where it is not specifically prohibited and if such use is not provided as a specifically permitted use or as a conditional use or special exception, such use may be permitted by the Zoning Hearing Board under the conditions applicable to the granting of a variance provided that if such variance is granted the Zoning Hearing Board shall be permitted to place such restrictions and conditions upon the use as might be applied to any special exception or conditional use. In the alternative, the applicant for such use may apply for an amendment to this chapter.
[Ord. 75-1, 1/6/1975]
1. 
Strip mining shall follow procedure as set forth in § 27-522 and the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1 et seq., as amended.
2. 
Deep mining shall not be permitted except by specific permission by the Township Supervisors after a public hearing thereon, and subject to the restriction and controls as deemed necessary and further provided that a permit is authorized as a special exception by the Zoning Hearing Board in accord with all requirements established by the Township Supervisors.
[Ord. 75-1, 1/6/1975]
1. 
Second Dwelling. In a residence district, no building to the front or rear of and on the same lot with a main building, shall be erected or used for residence purposes. However, a second dwelling will be permitted above a garage provided this dwelling remains secondary to the main building.
2. 
Accessory Building.
A. 
Accessory buildings shall not be constructed in any required front yard.
B. 
Accessory buildings shall not be constructed in that portion of the side yards that is the minimum open space required for side yards as set forth under the applicable district regulations.
C. 
An accessory building may be erected within a rear yard provided that:
(1) 
It shall be at least 10 feet from the rear property line.
(2) 
It shall be at least 10 feet from the nearest wall of the main building; or this may be reduced to five feet if no windows or other openings in either building are involved; or the accessory buildings may be integrated with the main building by contiguous walls, breezeway, or other connection.
3. 
Projections. No principal building, and no part of a principal building shall be erected within, or shall project into the required front, side, or rear yard of a lot, except cornices, eaves and gutters, steps or chimneys such other appurtenances which may project into yard areas, provided that the projection is not more than 18 inches. However, covered porches, stoops and patios and attached carports, whether enclosed or unenclosed, shall be considered as part of the principal building and shall not project into a required yard area.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991; and by Ord. 8.5.2008, 8/5/2008]
1. 
Unless otherwise controlled or prohibited by district regulations and/or Chapter 10 herein the following regulations shall apply in R-C, R-S and R-M areas:
A. 
Any unlicensed vehicle, or vehicles, which in any manner is in the process of being dismantled for any reason shall be housed within a structure. No parts of such vehicle shall be stored or otherwise maintained outside of the structure.
B. 
Any unlicensed vehicle or vehicle not requiring a license not in the process of being dismantled shall be stored and maintained:
(1) 
Either 40 feet from any neighboring property line;
(2) 
Within a structure; or
(3) 
Behind a screen or planting approved by the Planning Commission which provides visual protection to adjoining properties.
2. 
No commercially licensed vehicle nor any unlicensed vehicle or similar machine of any type may be permitted to be parked within the public right-of-way in any District; excepting from this restriction any commercial vehicle, not owned, operated or controlled by the owners of the abutting premises, which is temporarily parked for the purpose of providing commercial services in the ordinary course of business, such as delivery of fuel and similar products.
3. 
Not more than one ungaraged commercially licensed vehicle or unlicensed vehicle or similar machine of a commercial type may be parked upon a lot in an R-S District, excepting from this restriction any such vehicle or machine temporarily so parked for the purpose of providing commercial services to the lot or its inhabitants in the ordinary course of business.
[Ord. 75-1, 1/6/1975]
1. 
Visibility at Intersections. On any corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said center lines 75 feet from the point of intersection.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991; and by Ord. 10.02.2007, 10/2/2007, § II]
1. 
Solid fences or walls shall not exceed an average of four feet in height, or six feet in height at any location, unless approved by the Hepburn Township Supervisors as a conditional use. Chain link or other open fencing (fencing more than 50% open) shall not exceed a height of six feet measured from the ground to the top of the fence.
2. 
If there is written mutual consent between the adjoining property owners, a fence or wall may be placed on a property line. Where mutual consent cannot be obtained, a self-maintained fence, i.e., a chain link, wrought iron, aluminum, PVC or split rail fence, may be placed at least six inches from the property line. Any other type of fence, where mutual consent cannot be obtained, must be placed at least two feet from the property line.
3. 
Fences having only one finished side shall be installed so that the finished side faces out or away from the subject property. All fence support apparatus shall be on the subject side of the fence, including vertical posts and reinforcing horizontal or diagonal posts.
4. 
All fences shall be maintained in good condition and shall not be allowed to become dilapidated.
5. 
Swimming Pool Fencing.
A. 
Every outdoor swimming pool of permanent construction, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height and shall be constructed to prohibit uncontrolled access. A gate that is capable of being locked shall be provided.
B. 
A dwelling or accessory structure may be used as part of such enclosure.
C. 
The pool shall not be located within any required front or side yard nor closer than 15 feet to any property line.
D. 
Every such pool that has been constructed prior to the effective date of this chapter, for which a fence is required as set forth under this section, shall be fenced in accordance with the provisions of this section within a period of one year from the effective date hereof; provided, however, that any such fencing that is already erected that is at least 30 inches in height, need not be increased in height unless the fencing is replaced; a replacement fence shall conform to the height requirements for new pool fencing; further provided, that if the erection of such fencing around an existing pool is prohibited by a provision of this chapter relating to setback or yard areas, the fencing shall only be erected pursuant to the issuance of a conditional use permit under the terms of this chapter. No fee shall be charged for the issuance of such conditional use permit or any other permit regarding to the placement of fences around existing pools under this subsection.
[Ord. 75-1, 1/6/1975]
1. 
Front Yard Exception.
A. 
When the setback of existing buildings is greater than the minimum provided, the required setback of a building hereafter erected shall be the same as or greater than the average setback of existing buildings in the same block on the same side of the street.
B. 
The front yard of a proposed building may be decreased in depth to the average formed by the alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
2. 
Rear Yard Exception. When a rear yard abuts an alley, a structure shall not be erected closer than 25 feet from the center line of said alley.
[Ord. 75-1, 1/6/1975]
1. 
Where an industrial use abuts a residential use, a buffer yard of not less than 30 feet shall be required. The buffer yard shall be a part of the industrial installation and shall be maintained by the industry.
2. 
Where an industrial use abuts a street that abuts a residential use a buffer yard of not less than 15 feet shall be required.
3. 
Where an industrial use abuts a stream or drainage channel, a buffer yard of not less than 15 feet shall be required, and the yard shall be measured from the nearest edge of the stream or channel. Planting other than grass may be omitted along streams when approved by the Zoning Hearing Board.
4. 
Buffer yards shall be at least 15 feet wide.
5. 
All buffer yards shall be planted and maintained with a vegetative material to include a row of trees planted not more than 40 feet on center, and trunk size at least two inches in caliber measured one foot above normal soil level. Buffer yards may be planted in such manner as to provide desired screening or filtering of noise and dust. [See § 27-607, Subsection 5A(1).]
6. 
Buffer yards other than interior side or rear buffer yards may be crossed by access roads and service drives not more than 35 feet in width, provided that the angle of the center line of the road or drive crosses the lot line and buffer yard at not less than 60°.
7. 
No storage of materials or parking of cars shall be permitted in buffer yards.
8. 
See § 27-607, Subsection 5A(3).
[Ord. 75-1, 1/6/1975]
1. 
Unless more restrictive regulations are set forth elsewhere herein, the following shall apply:
A. 
Residential Oriented Districts.
(1) 
Service areas may be placed in required yard areas but not closer than two feet to any property line.
(2) 
Where the extremities of a service area are closer than four feet to any property line, curbs and/or wheel stops must be provided at a line which, when the wheels (front or rear) of a vehicle are in contact, will not permit any portion of the vehicle to overhang any part of adjacent property.
(3) 
Joint drives serving contiguous lots are not recommended. They may be approved as a special exception by the Zoning Hearing Board when no alternative is available. The use of a joint drive must be made a part of the deed for each property.
(4) 
Off-street service areas must have an all-weather paving capable of providing a solid, dust-free surface at all times.
B. 
Commercial Oriented Districts.
(1) 
Off-street service areas shall be provided for every commercial enterprise hereafter erected or substantially altered.
(2) 
Off-street service areas where permitted may be placed on the premises provided that:
(a) 
No part of any vehicle on the premises shall overhang any adjacent property.
(b) 
Storage of material shall not be permitted unless within a structure or behind a screen providing visual protection to adjacent properties.
(3) 
All off-street service areas shall be paved so as to provide an all-weather surface, firm and dust-free at all times. Paving shall be as specified by the Township Engineer.
C. 
Industrial Oriented Uses.
(1) 
Off-street service areas may be placed anywhere on the premises except where specifically prohibited. (Buffer yards and portions of yards adjacent to public right-of-way lines).
(2) 
No parking or loading area shall be established within five feet of any property line, or within 10 feet of a public right-of-way line.
[Ord. 75-1, 1/6/1975]
1. 
All junkyards existing at the effective date of this chapter, within one year thereafter, and all new junkyards, where permitted, shall comply with the following provisions:
A. 
Such uses shall be conducted within a building or entirely enclosed within a fence or wall of not less than eight feet in height and said fence or wall shall be constructed of a permanent material; or in lieu of a fence, a screen planting and buffer yard as set forth under § 27-607.
B. 
No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed or conducted within 25 feet of any adjoining property or public right-of-way and such setback area shall be kept free of weeds and scrub-growth over eight inches in height.
C. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and no junk shall be piled to a height of more than eight feet.
D. 
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.
E. 
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 that would be hazardous to public health, nor to cause the breeding or harboring of rats, flies, or other vectors.
[Ord. 75-1, 1/6/1975; as added by Ord. 82-3, 2/19/1982]
1. 
Irrespective of permitted and not permitted uses listed in any district as set forth under this chapter and subject to the provisions governing flood hazards or floodplain district areas, residential occupation use shall be allowed as a conditional use in any district, except R-S, in conformance with the provisions of this section and with the provisions of this chapter pertaining to conditional uses.
A. 
Residential Occupation, Definition. A business use made by one who occupies the location and premises upon which the use or a substantial portion thereof is carried out as the person's principal place of residence; such uses being of the kind and character as permitted under Subsection 1C; such business shall be limited so as to not involve in excess of 10 persons at any one time as employees, customers, persons being served or patrons, in total; the business may be carried out or conducted as an entity in any lawful form, but the resident to whom the use is granted must be an active principal in the business thereof and such person's interest therein or the stock held may not be exceeded by that of any other individual or entity having an interest therein or being a stockholder thereof, and his activity must be equal to that of all other principals or stockholders.
B. 
General Purposes. The purpose of this section is to allow individuals occupying premises within the Township as their principal place of residence to engage in limited, small scale business activities that can be carried out upon their residential premises without serious detriment to the environment, the neighborhood or the Township residents.
C. 
Notwithstanding any other provision of this chapter, no-impact home occupations, as defined in § 27-202, are permitted as of right, or a permitted use rather than a conditional use, in each residential district (i.e., RC, RM, and RS). See also § 27-632.
[Amended by Ord. No. 04.10.2018.01, 4/10/2018]
D. 
Prohibited Residential Occupation Uses. The following uses shall not be allowed in any district as a residential occupation use under this section:
(1) 
Any business or use or purpose that is noxious or injurious by reason of odor, dust, smoke, gas, vibration, illumination, or noise or otherwise creates a nuisance or hazard to public health, safety, or welfare.
(2) 
The incineration, reduction, or storage of offal, animals, fish or similar objectionable refuse.
(3) 
The tanning or storage of raw hides or skins and fat rendering.
(4) 
The manufacture of gun powder, fireworks or other explosives.
(5) 
Abattoir and stockyards.
(6) 
Strip mining, quarrying, sand or gravel pit operation.
(7) 
Junkyards, scrapyards, dumps or dumping.
(8) 
Sales of gasoline or liquid petroleum gas or sales of similar hazardous products or of explosive products nor the storage of the same provided that such sales and storage may be approved where incidental to some other use permitted hereunder and with such safeguards as may be deemed necessary and appropriate limiting the quantity of item, nature of sales and providing for appropriate safeguards for the containment of the same as the circumstances may require to assure that all dangers to all persons are minimized.
(9) 
Hotels, motels, restaurants, drive-in restaurants, supermarkets, theaters, drug stores, laundromats, retail shopping centers and other similar uses.
(10) 
Any use that is not in harmony with the permitted uses hereunder and the general purposes hereof.
E. 
Factors Affecting the Grant of and Restrictions upon Residential Occupation Uses. The factors to be considered in granting the use as a residential occupation use and the provisions, conditions or limitations that may be placed thereon by the Township Supervisors may include, but shall not be limited to, the following in addition to those standards that are generally applicable to conditional uses:
(1) 
Compliance with all lot requirements of the district pertaining to coverage, height, off-street parking and loading, signs and such other similar matters as may be regulated under this chapter from time to time.
(2) 
Compliance with all provisions, requirements and limitations of this chapter, as amended, that may be deemed by the Supervisors to be applicable to the particular use or location or that is made expressly applicable to the use or location by the terms of § 27-601.
(3) 
Noise, dirt, water, odor, sight, vibrations, gas or vapors, illumination or other environmental concerns. The Supervisors may require appropriate safeguard to keep the same to a minimum in effect upon the general environment and upon any particular individual in proximity thereto.
(4) 
The number of hours and time of day of the business operation.
(5) 
The access to the premises by public or private roads and the condition of the same and the requirements for maintenance thereof; types of vehicles which will make deliveries or otherwise frequent the premises.
(6) 
The location of nearby structures and the uses made by the general neighborhood in proximity to the proposed use; such assurances or restrictions as may be necessary to safeguard the character, health and safety of those previously existing uses in proximity to the proposed use may be promulgated.
(7) 
The containment of vehicles, equipment and activities within an enclosed structure or structures or at locations that are not obvious to or intrusive to others.
(8) 
The effect upon and availability of appropriate public utilities to meet the requirements of the proposed use and the effect such use will have upon others relying upon those services.
F. 
Length of Use, Review and Restrictions upon Continuation of Residential Occupational Uses. Any residential occupation use herein granted shall be subject to the following limitations:
(1) 
Any person aggrieved by such use may request a review of the grant of the same by the Township Supervisors at any time within six months to 12 months from the time such use is implemented and during this review procedure, if requested, the Supervisors may enact such additional regulations, restrictions or limitations upon the use as may be deemed appropriate to comply with the purposes and intent of this chapter, similarly, within the same time period, the person to whom such use is granted may request the Supervisors to review any such restriction, condition or limitation or other matter affecting the use that was imposed upon such person. The procedure in either case shall be the same procedure as established under this chapter and applicable law for the obtaining of a conditional use.
(2) 
The residential occupation use shall not be allowed to increase in any manner beyond the scope that is permitted by this section unless otherwise allowed upon proper application by the other applicable sections of this chapter.
(3) 
The right to the use as a residential occupation use shall be personal unto the person applying for such permit and any use herein granted, permits, occupancy or privileges granted therewith, shall cease upon any of the following events occurring:
(a) 
The business is no longer controlled or operated as required under Subsection 1A of this section, by the person to whom the use was originally granted.
(b) 
The premises are no longer used as a principal place of residence by the person to whom the use was granted.
(c) 
In the event the cessation occurs as a result of the death of any individual, the estate or heirs of that individual shall be allowed a period of time, not to exceed six months from the date of death to windup the affairs connected with such business and to terminate the use; a similar period of six months shall be allowed for termination of the use in the event of the disability, physical or mental incapacity of the individual involved which causes the individual to cease to be active in said business as herein required or that causes the individual to cease the use of the premises as the principal place of residence.
(d) 
The cessation of the use for a period of time in excess of 30 days, except under the provisions relating to death or disability herein set forth; or, a period of time not to exceed six months, or as approved by the Zoning Officer in cases of legitimate vacation or seasonal and other temporary closings of activity.
[Ord. 75-1, 1/6/1975]
1. 
Health clubs, massage studios or parlors, health spas, exercise studios, adult theaters, adult bookstores, or similar establishments shall be permitted to conduct business as a conditional use under the terms of this chapter as relate thereto following appropriate action by the Township Supervisors. Whether or not any such film or book contains any matter that consists of being an appeal to the prurient interest, or whether or not the same contains any significant redeeming social value, shall be matters to be determined by the Township Supervisors in accordance with the applicable law applying thereto in matters relating to the grant of conditional uses. In addition, the applicable law of the Commonwealth of Pennsylvania insofar as the same are defined under the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq., as then in effect shall be considered so that any material that is regarded as being obscene or lewd or otherwise prohibited or restricted under the terms of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq., shall be deemed to be material that is restricted under the reference to adult films and adult bookstores hereunder. The Township Supervisors, in determining such matters, shall consider the attitude of the community which for the purposes of this chapter, unless otherwise prohibited by any state or federal law, shall be that of the citizens and residents of Hepburn Township. Evidence may be received by the Township Supervisors in determining these matters as they deem appropriate and as permitted under the applicable law to determine standards of the community of Hepburn Township or the standards of any other community that may be relevant or applicable to their decision. In reaching their decision, the Township Supervisors shall apply the standards that exist under this chapter as applied to conditional uses generally and as to the district in which the said activity is located and further shall deny the conditional use if the premises upon which said activity is carried on shall be located within any of the following distances of any district, said distances being measured in a straight line from the nearest boundary line of the said premises to the nearest boundary line of the premises from which they are restricted:
A. 
Within 100 feet of any of the residential district or residential premises being used as a residence at the time the permit is applied for, regardless as to the district in which it is situated.
B. 
Within 750 feet of any church or school.
C. 
Within 500 feet of any establishment licensed by the Pennsylvania Liquor Control Board to sell any alcoholic beverages.
D. 
Within 500 feet of any fire or police station.
E. 
Within 750 feet of any restaurant, eating establishment or food store.
F. 
Within 750 feet of any premises used as a theater, club or lodge, service club, public park or recreational facility or where there is a concentration of activities of people 17 years old or younger.
2. 
Advertisements, displays, or other promotional materials for an adult bookstore or an adult theater shall not be shown or exhibited so as to be visible to the public form any street, sidewalk or other public place.
3. 
All building openings, entries, exits and windows, for an adult theater or adult bookstore shall be located, covered, or screened in such a manner as to prevent a view into the interior from any street, sidewalk or other public place.
4. 
An adult bookstore shall not be permitted to show any film that is included under the definition of adult theater and shall not be permitted to conduct any business activity or otherwise engage in any activity that is included in the definition of and allowed as an adult theater. An adult theater shall not be permitted to engage in any business activity defined as or allowed as an adult bookstore.
5. 
Where an applicant for conditional use permit to operate or maintain an adult bookstore or adult theater has made a complete compliance with all of the provisions of this chapter, all zoning laws and regulations of the Township and all other ordinances and laws applicable thereto, the Supervisors shall use and consider the following criteria, guidelines and matters in determining whether such applicant shall be issued the conditional use permit for which application has been made. Such conditional use permit shall be issued upon the Supervisors making all of the following findings:
A. 
That the proposed adult bookstore or adult theater will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
B. 
That the proposed adult bookstore or adult theater will not enlarge or encourage the development of a "skid row" area.
C. 
That the establishment of an additional adult bookstore or adult theater will not be contrary or deleterious to any program of neighborhood conservation such as historic preservation, residential preservation, nor will it interfere with any program of neighborhood revitalization.
D. 
That all applicable regulations of this chapter and the Zoning laws of this Township will be observed.
[Ord. 75-1, 1/6/1975; as added by Ord. 1986-1, 5/20/1986; and as amended by Ord. 1988-1, 5/5/1988]
1. 
Timber harvesting shall be a permitted use in R-C, R-M or R-S Districts of the Township, provided that an application to conduct such activity is filed with and a zoning permit is issued by the Zoning Officer.
2. 
The following paragraphs set forth the additional items to those otherwise set forth in this chapter which are to be included on a permit application for a timber harvesting activity and also set forth criteria by which the Zoning Officer shall determine whether or not to issue the timber harvesting permit, in addition to the other criteria of this chapter:
A. 
A statement setting forth a listing of all state, federal or other governing authority approvals, which must be obtained; the obtaining and maintenance of such approvals shall be a mandatory requirement of obtaining a zoning permit and of continuing the validity of the permit. Should such approvals be revoked, the revocation of the same shall be an automatic revocation of the zoning permit.
B. 
The length of time required to complete the operations including the necessary restoration, regrading and reseeding, which period of time shall not exceed 18 months from the date of the permit application.
C. 
A sketch in reasonable detail showing an outline of the tract on which the timber harvesting activity is to be conducted; the portion of the tract where the logging activity will take place; the locations where access to public roads will be made; the other means of access to the site of the logging activity; a depiction of the staging and loading areas; any streams or waterways in the area of the activity. The sketch shall also indicate the location and type of erosion and sedimentation control and stormwater management and other drainage measures which will be provided. A copy of any plans which may be required to be prepared or maintained under any other governing law, rule or regulation which pertains to the activity shall be attached to the application or if not prepared at the time of application, shall be filed with the Zoning Officer prior to the commencement of the activity. The issuance of the permit shall be conditioned upon the filing of such plans.
D. 
The grant of such permit shall be further conditioned upon the agreement of the landowner and the person or entity carrying out the timber harvesting activity that:
(1) 
The use of any Township roads, rights-of-way or easements, in carrying out the timber harvesting activity, which subjects the same to excessive weights, or damage in excess of the normal public traffic thereon shall be the responsibility of the landowner and the person or entity carrying out the timber harvesting activity and the issuance of the permit shall impose upon them the obligation of maintaining, repairing, grading and otherwise preserving the condition of the road as it was of the time of commencement of the activity or as may be improved by the Township during the time period in which the activity is conducted. In addition, the activity shall be conducted in such manner as shall provide for safety to and nonimpairment of the flow of public traffic. Appropriate ditching of all Township roads affected by the activity will be maintained. All access to the tract or tracts involved from Township road(s) shall be such as approved by the Township roadmaster who may require piping of the access drive if deemed necessary to maintain appropriate ditching. At the time of issuance of the permit, the roadmaster shall make an inspection of the Township road(s) involved and shall make a record of their condition. The Township roadmaster shall further advise the Township Zoning Officer as to any other maintenance, grading or other requirements which may be reasonably necessary to protect the integrity and safety of the Township road(s) affected by the activity. The requirements may be varied from time to time during the conduct of the activity, as may be reasonable under the circumstances then prevailing. The Zoning Officer shall make continued compliance with such requirements as they may be established from time to time, a condition of the issuance and continued validity of the permit.
(2) 
A bond to guarantee the preservation of the integrity of the Township roads used in the activity or in transporting equipment or forest products to or from the site, in favor of the Township shall be required to be filed with the Township Secretary prior to the commencement of the timber harvesting activity. The amount of the bond shall be in an amount per mile of Township road subject to use in the timber harvesting activity as follows: (a) for unpaved roads, $1,000, and (b) for macadam or similarly improved roads, $3,000. The amount of said bond shall be prorated based upon the actual mileage involved to the nearest tenth of a mile, provided that the minimum amount shall not be reduced to below $1,000, otherwise, the bond shall be administered in accordance with the provisions of this chapter relating to bonds.
(3) 
The permit application shall indicate what restoration, regrading and reseeding will be performed upon completion of the activity and the issuance of the permit shall be conditioned upon the same taking place; the Zoning Officer shall be conditioned upon the same taking place; the Zoning Officer shall be assured that such regrading, reseeding and restoration of the land shall be in accordance with the requirements of any other governing authority and otherwise shall be such as shall restore the lands involved to a reasonable condition and productive use in the future, without detriment to adjoining tracts of lands or roads.
3. 
Applicability. This chapter shall apply to all operations undertaken after the effective date hereof and to any existing operation. Any existing operation may be continued for a period of six months without compliance herewith; provided, that an application for a conditional use is filed within 60 days after this effective date and provided further that a conditional use permit is granted; otherwise, all existing natural resource production uses and timber harvesting uses shall be terminated within six months of the effective date of this chapter.
[Ord. 75-1, 1/6/1975; as added by Ord. 1986-1, 5/20/1986]
1. 
No area of the Township may be devoted to any commercial or noncommercial storage, dump or disposal site for:
A. 
Solid waste, municipal waste, residential waste, or hazardous waste, as defined under the provisions of the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., and as may be amended from time to time;
B. 
Any coal refuse or coal sludge including material defined as such by the applicable laws of the Commonwealth of Pennsylvania;
C. 
Any nuclear waste.
[Ord. 75-1, 1/6/1975; as added by Ord. 1991-1, 3/15/1991; as amended by Ord. 11.2.04, 11/2/2004, § 5; and by Ord. 8.5.2008, 8/5/2008]
1. 
Home occupations may be conducted in an R-C, R-M, R-S or Village District pursuant to a conditional use permit being issued therefore and as limited by this section, in accordance with the following requirements:
A. 
The area devoted to the permitted home occupation shall be located wholly within either the operator's dwelling or a building accessory thereto and shall be equivalent to not more than 25% of the total floor area of the operator's dwelling, excluding the floor area covered by an attached garage or similar accessory buildings.
B. 
The persons permitted to be engaged in a permitted home occupation shall be limited to the members of the household of the operator who reside on the premises and not more than one employee, assistant or associate who does not reside on the premises.
C. 
There shall be no exterior alterations, additions or changes to the structure in order to accommodate or facilitate a home occupation.
D. 
In an R-S District, or where the adjacent properties are strictly residential, a home occupation shall not in any way alter the residential character of the neighborhood nor in any way adversely affect the safe and comfortable enjoyment of the individual property rights of the neighborhood in which the use is located.
E. 
There shall be no exterior display, no exterior sign (except as permitted under § 27-617), no exterior storage of materials, no repetitive servicing by truck traffic, and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises.
F. 
No noise, vibration, smoke, dust, odor, heat or glare shall be produced except as permitted within the performance standards contained in § 27-615, Subsection 3.
G. 
Examples of home occupations intended to be authorized hereby include: art studios; barber shops, beauty parlors, dressmaking or millinery activities, professional offices or teaching facilities for musical and dance instruction limited to a single pupil at a time, offices for various activities conducted off premises, or other activities of a similar nature. A home occupation shall not be interpreted to include: commercial stables and kennels, a restaurant, antique shop, clinic, hospital, tea room, tourist home or rooming house, bed and breakfast establishment, animal hospital or mortuary, teaching facilities if more than a single pupil is in attendance at a time.
H. 
No commercially licensed or unlicensed vehicles may be permitted to be parked on the public right-of-way.
2. 
No-impact Home-based Business.
A. 
This chapter shall permit no-impact home-based business in all residential zones of the Township as a use permitted by right so long as such business or commercial activity satisfies the following requirements:
(1) 
The business commercial activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business/commercial activity shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale or retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business/commercial use, including, but not limited to, parking signs, or lights.
(5) 
The business/commercial activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electric or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business/commercial activity shall not generate any solid waste or sewage discharge in volume or type which is not normally associated with a residential use in the neighborhood.
(7) 
The business/commercial activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business/commercial activity may not involve any illegal activity.
B. 
The provisions of this permitted right to a no-impact home-based business shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001, § 7]
1. 
No building mounted communications antenna shall be located on any single-family dwelling, two-family dwelling, conversion apartment, or multi-family dwelling.
2. 
No omnidirectional or whip communications antenna shall exceed 20 feet in height and seven inches in diameter.
3. 
No directional or panel communications antenna shall exceed five feet in height and three inches in width.
4. 
Any applicant proposing a communications antenna to be mounted on a building or structure 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 antenna location.
5. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review for compliance with local state and federal building codes and other applicable laws.
6. 
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence or agreement and/or easements necessary to service access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment facility can be accomplished.
7. 
Every communications antenna shall comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
8. 
No communications antenna shall cause radio frequency interference with other communications facilities located in Hepburn Township.
9. 
The owner or operator of a communications antenna shall be licensed by the FCC to operate such antennas.
10. 
All communications equipment facilities must be fenced in with a fence of at least six feet and no greater than eight feet in height.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001, § 8; and as amended by Ord. 8.5.2008, 8/5/2008]
1. 
The applicant shall demonstrate that it is licensed by the FCC to operate a communications tower if applicable and communications antennas.
2. 
The applicant shall demonstrate that the proposed communications tower and antennas proposed to be mounted thereon comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
3. 
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureaus of Aviation and applicable airport zoning regulations.
4. 
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount communications antennas on an existing building structure or communications tower.
5. 
A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not using such said structure apply.
A. 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
B. 
The proposed antennas and related equipment would cause radio interference with other existing equipment and the interference cannot be prevented at a reasonable cost.
C. 
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
D. 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structures exceeding applicable standard established by the FCC governing human exposure to electromagnetic radiation.
E. 
A commercially reasonable agreement could not be reached with the owners of such structure.
6. 
Access. Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust free, all weather surface for its entire length.
7. 
Height.
A. 
The applicant shall demonstrate that the proposed height or the communications tower is the minimum height necessary to perform its function.
B. 
The maximum height of any communications tower shall be 160 feet.
8. 
Setback.
A. 
Communications towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining property line.
B. 
The communications tower must also be located at a distance of at least 125% of its height from any structure of the lot on which it is located and any structure on an adjoining lot.
9. 
Design.
A. 
The base of a communications tower shall be landscaped so as to screen the foundation and base of the communications equipment facility from abutting properties.
B. 
The communications equipment facility shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure but at no time shall exceed 15 feet in height.
C. 
The communications towers and equipment facilities must be of a neutral color that is identical to or closely compatible with the building or structure so as to make the antenna and equipment as visually unobtrusive as possible.
D. 
Roof-mounted antennas and equipment shall match existing air-conditioning units, stairs, elevator towers or other background. When mounted on the face of a building or structure, antennas shall be incorporated into the vertical elements of the building or structure.
10. 
Certification. The applicant shall submit from a Pennsylvania registered professional engineer that a proposed communication tower will be designed and constructed in accordance with current structure standards for steel antennae towers and antenna supporting standards, published by the Electrical Industrial Association/Telecommunications Industry Association, or its successor, or if it no longer exists and has no successor than a comparable association, and also the applicable requirements of Hepburn Township and/or Pennsylvania ICC codes.
11. 
Bond. Owner of the proposed tower must provide the Township with a bond, or other financial security acceptable to the Township, in the amount of at least $5,000, or in such greater amount deemed necessary by Township to ensure the removal of an abandoned or destroyed tower.
12. 
Insurance. The applicant shall submit a copy of its current FCC license, the name, address and emergency telephone number for the operator of the communications tower; and certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower facility and antennae.
13. 
Guy Wires. All guy wires shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
14. 
Signs; Lights. No signs or lights shall be mounted on a communications tower, except as may be required by the FCC Federal Aviation Administrative or other governmental agency.
15. 
Non-Use. If the communications tower remains unused for a period of 12 consecutive months, the owner, operator shall dismantle and remove the communications tower within six months of the expiration of that twelve-month period.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.9.01, 8/9/2001, § 9]
1. 
Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
2. 
Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on the preexisting tower shall comply with the requirements of this chapter.
3. 
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Subsection 2, lawfully existing nonconforming towers or antennas that are damaged or destroyed may be rebuilt without first having to obtain administrative approval as a conditional use permit, and without having to meet the requirements herein. The type, height, and location of the tower shall be the same as the original, and the regulations applicable to the original shall apply to the rebuilding. A building permit for rebuilding shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna should be deemed abandoned.
[Ord. 75-1, 1/6/1975; as added by Ord. 03.01.2011.01, 3/1/2011, § 3]
1. 
Personal Wind Energy Facilities. Personal wind energy facilities may be permitted as an accessory use only in those zoning districts of the Township and as specified in the district regulations. Every application for a personal wind energy facility shall also meet the requirements outlined below.
A. 
Person wind turbine(s) shall be set back from all property lines no less than a distance equal to their height.
B. 
No personal wind energy turbine(s) shall exceed a maximum of 60 feet in height measured from the elevation of the existing ground surface.
C. 
All such wind turbine(s) shall have a demonstrated survival wind speed of 140 miles per hour.
D. 
There shall be no limitation on the kW capacity of personal wind energy turbine(s) so long as they meet all requirements of this section and pose no other danger to public health, safety or welfare.
E. 
To avoid creating safety issues, personal wind energy turbine(s) shall not be climbable up to 15 feet above the ground surface. Further, all access doors to turbine electrical equipment shall be locked to prevent entry by unauthorized persons.
F. 
All personal wind energy facilities shall be designed, installed and inspected in accordance with the requirements of the PA Uniform Construction Code.
G. 
The number of personal wind energy turbines permissible per lot shall be as follows:
Lot Size
Maximum Number of Turbines
< 1 acre to 5 acres
1 turbine
5+ acres to 10 acres
2 turbines
+10 acres
3 turbines
H. 
If a personal wind energy turbine(s) is unused or generated no electricity for a period of 12 consecutive months, the Township may consider the turbine to be at the end of its useful life and may therefore instruct the Zoning Officer to issue a notice to the property owner to dismantle or remove the turbine and associated equipment from the site.
2. 
Commercial Wind Energy Facilities. Commercial wind energy facilities may be permitted only in those zoning districts as specified in the district regulations. Applications for such uses shall also be subject to the requirements set forth below, as well as other applicable state or federal regulations.
A. 
Purpose and Applicability. The purpose of these regulations is to provide for construction and operation, and decommissioning of commercial wind energy facilities in Hepburn Township, subject to reasonable conditions that will protect the public health, safety and welfare. The regulations are intended to apply to all new wind energy facilities as defined herein. Wind energy facilities constructed prior to the effective date of this section shall not be required to meet the requirements of this section, provided however, that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall comply with the stated provisions of this section.
B. 
Application and Plan Requirements. Applications for wind energy facilities shall at a minimum include the following information:
(1) 
A narrative describing the proposed wind energy facility, including an overview of the project, the project location, the approximate generating capacity of the facility, the approximate number, representative types, and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(2) 
An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the facility.
(3) 
Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to the site of the facility.
(4) 
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations, electrical cabling from the facility to the substations, ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of all applicable setbacks.
(5) 
Documents relating to decommissioning, including a schedule for such process and financial security as described herein.
(6) 
Other relevant studies, reports, certifications and approvals as may be reasonably required by Hepburn Township to ensure compliance with this section.
C. 
Design and Installation.
(1) 
Code Requirements and Safety Certifications.
(a) 
To the extent applicable, the wind energy facility shall comply with the PA Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the PA Department of Labor and Industry. In addition, the applicant shall provide sufficient documentation showing that the wind energy facility will comply with all applicable requirements of the Federal Aviation Administration (FAA) and the Commonwealth Bureau of Aviation.
(b) 
The design of the facility shall conform to all applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment's manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
(2) 
Control and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over-speed protection.
(3) 
Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.
(4) 
Visual Appearance: Power Lines.
(a) 
Wind energy facilities shall be a non-obtrusive color such as white, off-white, or gray.
(b) 
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulated air safety.
(c) 
Wind turbines shall not display advertising, except for reasonable identification of the turbine(s) manufacturer, facility owner and operator.
(d) 
On-site transmission line between wind turbines shall, to the maximum extent practicable, be placed underground.
(5) 
Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(6) 
Climb Protection/Locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
D. 
Setback Requirements.
(1) 
Property Lines. All wind turbines shall be set back from the nearest property line a distance not less than 1.1 times the turbine height, as measured from the center of the turbine base.
(2) 
Occupied Buildings. Wind turbines shall be set back from the nearest occupies building a distance not less than 1.1 times the turbine height, as measured from the center or the turbine base to the nearest point on the foundation of the occupied building. For occupied buildings located on a nonparticipating landowner's property, wind turbines shall be set back a distance of five times the turbine height, as measured from the center of the turbine base to the nearest point on the foundation of the occupied building.
(3) 
Public Roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line to the nearest public road to the center of the wind turbine base.
E. 
Use of Public Roads.
(1) 
The applicant shall identify all state and local public roads to be used within Hepburn Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2) 
The Township's Engineer of a qualified third party engineer, hired by the Township and paid for by the applicant, shall document road conditions prior to construction and again 30 days after construction is complete, as weather permits.
(3) 
The Township may post or require bonds on local roads in compliance with the applicable state regulations, including Chapter 49 of the PA Vehicle Code and Chapter 189 of the PA Transportation Code.
(4) 
Any damage caused by the applicant or his contractors shall be promptly repaired at the applicant's expense.
(5) 
The applicant shall demonstrate to the Township that it has appropriate financial security to ensure the prompt repair of any damaged roads.
F. 
Local Emergency Services. The applicant shall provide a copy of the project summary and site plan to local emergency services providers, including paid and volunteer fire departments. At the request of such emergency services providers, the applicant shall cooperate in the development and implementation of an emergency response plan for the wind energy facility.
G. 
Noise and Shadow Flicker. Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1: First Tier: The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
H. 
Signal Interference. A current general liability policy (adjusted annually to the rate of inflation) covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $3,000,000 in the aggregate shall be maintained by the facility owner or operator. Certificates of insurance shall be provided to the Township as a part of the applicant's application and annually thereafter until decommissioning is complete.
I. 
Decommissioning.
(1) 
The facility owner or operator shall, at this expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or wind turbines. Such facility or wind turbines shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(2) 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(3) 
Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface area not be restored.
(4) 
An independent and certified Professional Engineer shall be retained to estimate the cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to Hepburn Township after the first year of operation and every fifth year thereafter.
(5) 
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to the identified decommissioning costs; provided, that at no point shall be decommissioning funds be less than 25% of the decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating land owner posting the financial security, provided that the bonding company or lending institution is authorized to conduct business with the commonwealth and is approved by Hepburn Township.
(6) 
Decommission funds may be in form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as me be acceptable by Hepburn Township.
(7) 
If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection 2I(1) above, then the land owner shall have six months to complete the decommissioning.
(8) 
If neither the facility owner or operator, nor the land owner complete decommissioning within the periods described in Subsection 2I(1) and (7) above, then Hepburn Township shall take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating land owner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
(9) 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.
J. 
Public Inquiries and Complaints. The facility owner and operator shall maintain a phone number and identify a responsible person for the public contact with inquiries and complaints throughout the life of the project. The facility owner and operator shall make every reasonable effort to respond to the public's inquiries and complaints.
[Ord. 75-1, 1/6/1975; as added by Ord. 8.05.2008, 8/5/2008, §§ IB, II; and as amended by Ord. 11.04.2008.02, 11/4/2008, §§ IB, II]
1. 
Kennels. Kennels are permitted in the A, and R-C Zoned Districts and shall be subject to the following restrictions:
A. 
Kennels must be located in the center area of lots with a minimum area of 20 acres.
B. 
Kennels shall be effectively screened from adjacent residential properties and shall not be detrimental to any abutting commercial use.
C. 
The kennel wall shall be completely enclosed with a chain link fence or wall.
D. 
The kennel area shall be located at least 1,000 feet from any residential structure on adjoining properties or otherwise.
E. 
All outdoor lighting shall be mounted and shielded in a way so as to avoid causing glare on adjacent lots or properties.
F. 
Adequate arrangements shall be made for the disposal of excrement, waste or animal parts and other refuse, to the satisfaction of the Township, the commonwealth or other governing entity. Said waste shall not cause odor, dust or other noxious effects that could be considered a public nuisance.
2. 
Horse Keeping and Commercial Stables. Horse keeping and commercial stables are permitted in the following districts R-C, A and R-M, and shall be regulated as follows:
A. 
The minimum area of any parcel proposed for the keeping, whether essential to a residential use or as a commercial stable, shall be two acres.
B. 
The maximum number of horses permitted as an accessory or incidental use on a residential property shall be one per acre of land. In the case of commercial stables, the maximum number of horses permitted shall be two per acres.
C. 
Stables or houses for horses shall not be constructed or located within 100 feet of an abutting property owned or occupied by a person other than the owner or occupant of the property on which such stable or housing is located, or within 100 feet of a public right-of-way.
D. 
Stables, pastures, or animal yards shall not be utilized for the keeping of horses in any manner that is detrimental to the adjacent property.
E. 
Horses shall not be stabled, pastured, or otherwise kept within 1,000 feet of a drinking water reservoir (used for human consumption) unless it can be proven to the Township that any runoff will be directed away from the reservoir and the public health, safety and welfare will not be negatively impacted, and in such cases, a two-hundred-foot buffer must be maintained. This shall not be interpreted to preclude the riding of horses or establishment of bridle trails closer than the specified distance, provided that the regulating authorities and abutting landowners approve of the same.
F. 
Horses shall not be stabled, pastured or kept within 100 feet of an active well (used for human consumption) nor shall they be stabled, pastured or kept in any manner whatsoever that causes drainage or water runoff from the stable, pasture or animal yard to flow within 100 feet of an active well.
G. 
Storage and/or stockpiling of manure or animal waste shall be in compliance with the Pennsylvania Nutrient Management Act or any amendments thereof. If the Nutrient Management Act is not applicable, storage and/or stockpiling shall be done in a manner that would not diminish the rights, use, enjoyment, health and safety of adjoining properties and/or property owners.
H. 
All horses shall be kept in pens or other enclosures designed and maintained for secure confinement.
3. 
As of the date of the adoption of the amendment to this section by Ord. 11.04.2008-02, 11/4/2008, the above provisions will be applicable to newly permitted kennels, horse keeping and commercial stables. All uses existing at the time of passage shall be grandfathered.
[Ord. 75-1, 1/6/1975; as added by Ord. 09.06.2011, 9/6/2011, §§ 1 — 8, 10; and amended by Ord. 10.13.2015, 10/13/2015, § 1]
1. 
Purpose. The purpose of this section is to provide for the health, safety and welfare of the residents of Hepburn Township, through zoning and floodplain management provisions, for the reasonable development of land for oil and gas drilling while providing adequate health, safety and general welfare protections of Township residents. Oil and gas exploration, drilling and extraction operations involve activities that are economically important and will impact the Township. Accordingly, it is necessary and appropriate to adopt reasonable requirements for oil and gas resource development so that these resources can be obtained in a manner that is economically remunerative, and that minimizes the potential impact on the residents of the Township.
2. 
Definitions.
APPLICANT
Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who has an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.
BUILDING
An occupied structure with walls and roof wherein persons live or customarily work. The term shall not include a barn, shed or other storage building.
COLLECTOR STREET
A public street or road which, in addition to providing access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial streets.
DEPARTMENT
The Department of Environmental Protection of the commonwealth.
DERRICK
Any portable framework, tower mast and/or structure which is required or used in connection with drilling or re-working a well for the production of oil or gas.
DRILLING PAD
The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.
FRACKING
The process of injecting water, customized fluids, sand, steam, or gas into a gas well under pressure to improve gas recovery.
LOCAL STREET
A public street or road designed to provide access to abutting lots and to discourage through traffic.
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well.
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. The definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.
OIL OR GAS WELL
A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage, including brine disposal.
OIL OR GAS WELL SITE
The location where facilities, structures, materials and equipment whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well. This definition also includes exploratory wells.
OPERATOR
The person designated as the well operator on the permit application or well registration.
OWNER
A person, who owns, manages, leases, controls or possesses an oil or gas well.
STORAGE WELL
A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.
3. 
Zoning Classifications. Subject to the provisions of this section:
A. 
An oil or gas well site, or a natural gas compressor station, or a natural gas processing plant, or any similar facilities performing the equivalent functions may be permitted through a hearing and the granting of a "conditional use permit" in the following zoned districts: Residental Conservation, Residential Medium Density, Residential Suburban, Commercial Highway and Agriculture Zoned Districts.
B. 
A natural gas compressor station or natural gas processing plant or any similar facilities performing the equivalent functions which would be located less than 1,000 feet from any preexisting building which is located off the property where the natural gas compressor station or the natural gas processing plant or similar facility is located through a "conditional use permit" in the following districts: Residential Conservation, Residential Medium Density, Residential Suburban, Commercial Highway and Agriculture Zoned Districts.
4. 
Applicability.
A. 
This section applies to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants that will be permitted or constructed after the effective date of this section.
B. 
Oil and gas well sites, natural gas compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this section shall not be required to meet the requirements of this section; provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this section and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant shall require compliance with and a permit under this section.
C. 
Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statute or regulation. Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.
5. 
Permit Requirement.
A. 
No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within Hepburn Township unless a permit has been issued by the Township to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.
B. 
The permit application, or amended permit application, shall be accompanied by a fee as established in the Township schedule of fees.
C. 
Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing natural gas compressor station or natural gas processing plant shall require a modification of the permit under this section. Like-kind replacements shall not require a permit modification.
6. 
Pre-application Conferences.
A. 
Purpose. Before submitting an application the applicant is strongly encouraged to meet with the Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance form the Township staff before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.
B. 
Process. A pre-application conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The pre-application conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only, and shall not bind the Township to approve any application for a permit or to act within any time limit relative to the date of such conference.
7. 
Permit Application.
A. 
The applicant shall provide to the Township at the time of permit application:
(1) 
A narrative describing an overview of the project including the number of acres to be involved, the number of wells to be drilled, and the location, and number and description of equipment and structures to the extent known.
(2) 
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
(3) 
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the Township or county for information of emergency responders.
(4) 
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency providers.
(5) 
A location map of the oil or gas well site showing the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow the normal flow of traffic on public streets shall be undisturbed.
(6) 
A location map of the natural gas compressor station or natural gas processing plant including any equipment and structures and all permanent improvements to the site.
(7) 
A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, drilling, construction, maintenance and operation of the oil or gas well site.
(8) 
A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the oil or gas well site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements; and shall have entered into a Township roadway maintenance and repair agreement with the Township, in a fatal acceptable to the Township solicitor, regarding the maintenance and repair of the Township streets that are to be used by vehicles for site construction, drilling activities and site operations.
(9) 
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.
(10) 
Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders.
(11) 
A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.
(12) 
Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.
(13) 
A copy of the documents submitted to the department, or if no document has been submitted to the department, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts.
(14) 
A copy of all permits and plans from appropriate regulatory agencies or authorities issued in accordance to environmental requirements.
(15) 
A copy of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.
B. 
Within 15 business days after receipt of a permit application and the required fee, the Township will determine whether the application is complete and adequate and advise the applicant accordingly.
C. 
The conditional use hearing shall be held in accordance with applicable laws and regulations.
8. 
Design and Installation.
A. 
Access. Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
B. 
Structure Height.
(1) 
Permanent structures associated with oil and gas site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(2) 
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3) 
There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well.
(a) 
The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well.
(b) 
Provided further, the time period of such drilling and exemption shall not exceed six months.
(c) 
The operator shall give the Township prior written notice of the beginning date for its exercise of the exemption.
C. 
Setbacks.
(1) 
Natural gas compressor stations or natural gas processing plants shall comply with all setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(2) 
Exemption from the standards established in this subsection may be granted by the Township upon a showing by the operator that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.
D. 
Screening and Fencing.
(1) 
Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided.
(2) 
Emergency responders shall be given means to access oil or gas well site in case of an emergency.
(3) 
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency.
(4) 
In construction of oil or gas well sites the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation.
E. 
Lighting.
(1) 
Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, so as to minimize the glare on public roads and nearby buildings within 100 feet of the oil or gas well development.
(2) 
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
F. 
Noise.
(1) 
The applicant shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development.
(2) 
Prior to drilling of an oil or gas well or the operation of a natural gas compressor station or a natural gas processing plant, the applicant shall establish by generally accepted testing procedures, the continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or, public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous seventy-two-hour test the applicant may assume and use, for the purpose of compliance with this section, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.
(3) 
Exemption from the standards established in this subsection may be granted by the Township during the drilling stage or at the oil or gas well site, or the gas compressor station, or at the natural gas processing plant for good cause shown and upon written agreement between the applicant and the Township.
(4) 
Complaints received by the Township shall be addressed by the applicant, within 24 hours following receipt of notification by continuously monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public 100 feet from the complainant's residential or public building, school medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Township and shall mitigate the problem to the allowable level if the noise level exceed the allowable rate.
(5) 
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels that would otherwise exceed the ambient noise level standards at residential or public buildings, medical, emergency or other public facilities.
G. 
Prohibitions. Drilling is prohibited in the one-hundred-year floodplain as designated as such in the Flood Insurance Study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.
9. 
Penalties. Any owner, operator, or other person who violates or permits a violation of this chapter upon being found liable therefore in a civil enforcement proceeding before a Magisterial district judge, shall pay to the Township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney's fees incurred by the Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the magisterial district judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Township without further judicial proceedings. Further, the appropriate officers or agents of the Township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the Township if the Township seeks injunctive relief.
[Ord. 75-1, 1/6/1975; as added by Ord. 12.06.2011(1), 12/6/2011, §§ II-VI, VIII; and as amended by Ord. 12.06.2011(2), 12/6/2011, §§ I, II, IV]
1. 
Permits.
A. 
It shall be unlawful for any person to construct or maintain a campground within Hepburn Township, Lycoming County, Pennsylvania, without first having secured a permit from the Township.
B. 
Application for such permit shall be taken by the Hepburn Township Zoning Officer who shall make the decision to approve or deny the permit.
C. 
The campground permit fee shall be _________ dollars and one __________ dollars per camping space, such permit to be renewed annually at a fee of $25 at a time specified by the Supervisors.
D. 
The permit shall be valid only for the campground for which application is made.
2. 
Plan.
A. 
Application for a campground permit shall be accompanied by a plan for the proposed development. Such plan shall include the location of all streets and roads, campsites, utility services, buildings, recreation areas, and other facilities. The plan shall be drawn at an appropriate scale to provide ease of review, but at no less than one inch equals 100 feet.
B. 
The plan shall show the property lines of adjacent properties, together with the land use of such adjacent properties.
3. 
Supplemental Controls.
A. 
The minimum tract size for a campground shall be five acres.
B. 
The maximum number of camping spaces within each campground shall be no more than 10 per acre of the total area of the tract or tracts.
C. 
Each camping space shall be numbered and shall have a minimum area of 2,500 square feet. All campers or tents in a campground shall be assigned to a camping space. No camping space shall have more than one camper or two tents assigned to it. The placement of any camper or other type of camper trailer, truck camper, or vehicle is prohibited in the Floodway Zoned District.
D. 
The campground owner shall be responsible for the maintenance of all campground facilities, including areas designated as open space, streets, sewage disposal and water supply systems, and solid waste collection.
E. 
Flood Evacuation Plans.
(1) 
Any person owning and/or operating a campground within the Floodplain of Hepburn Township, Lycoming County, at the time of adoption of this section shall provide the Township with a flood evacuation plan. Whenever such uses are situated in the floodplain, the campground owner shall be ultimately responsible for evacuation of all units within the campground prior to the occurrence of an anticipated flood event. In addition, the campground owner shall maintain on file, with the Township Secretary, an evacuation plan which includes the following:
(a) 
A narrative description of the manner in which the site will be safely evacuated upon public announcement of a possible flood event by the National Weather Service or the Emergency Management Agency.
(b) 
Sufficient evidence that all recreational vehicles, campers, travel trailers, and similar temporary uses will be removed from the regulatory floodplain prior to the occurrence of a flood event.
(c) 
The designation of an appropriate site to store each unit during the flood emergency.
(d) 
The name, address and telephone number of the campground owner, individuals designated to remove each unit during a flood emergency and other responsible parties such as park management and maintenance personnel and all persons responsible as backup.
(e) 
Evidence that park rules and regulations require recreational vehicles, campers, travel trailers, and similar vehicles to:
1) 
Maintain a current vehicle registration.
2) 
Be properly maintained and fully operational at all times.
3) 
Be transportable and not permanently affixed to the land.
(f) 
Confirmation from the applicant that park rules and regulations, in addition to the evacuation plan has been conspicuously posted at park entrances and at a central location of the campground.
(g) 
Make application for a permit, including a plan of the existing campground.
(2) 
Any person owning and/or operating a campground at the time of adoption of this section shall within one year submit an evacuation plan for his campground complying with the requirements of this section.
F. 
The owner of a campground shall provide a minimum of two deciduous trees per campsite with a tree caliber of not less than 2 1/2 inches. New trees are to be of indigenous (native) species. Pre-existing trees may satisfy this requirement.
G. 
The campground layout must demonstrate compliance with all of the requirements of the Pennsylvania Department of Environmental Protection and regulations found in 28 Pa. Code, Chapter 19, regarding organized camps and campgrounds.
H. 
The campsite standards of the Department of Conservation and Natural Resources, Bureau of Facility Design and Construction, shall be used as a guide for campsite layout and construction, taking into account local site constraints such as topography and vegetation.
I. 
Campground space may be leased or rented to the same user for maximum time periods of no more than six continuous months.
J. 
A buffer strip of at least 100 feet wide shall be maintained from any camp space to exterior property lines, or existing public roads or highways.
K. 
Bufferyard shall be required along property lines to effectively screen the campground in accordance with the standards in this chapter.
L. 
Parking. Parking may be provided either on street or on each camping site. Camping site parking shall provide a clean, level, well-drained area of no less than eight-foot by twenty-foot dimensions.
M. 
Streets and Roads. Each camping site shall front upon an approved street or road.
(1) 
One-way streets and roads with camping site parking shall have an improved surface of no less than 12 feet.
(2) 
Two-way streets and roads with camping site parking shall have an improved surface of no less than 20 feet.
(3) 
One-way streets and roads with on-street parking on one side shall have an improved surface of no less than 20 feet, and 28 feet for parking on both sides.
(4) 
Two-way streets and roads with on-street parking shall have an improved surface of no less than 28 feet for one-side parking, and 36 feet for both side parking.
(5) 
Streets and roads shall be graded to provide positive drainage from the road surface. Drains and culverts shall be provided as necessary to maintain proper drainage.
(6) 
Streets and roads shall have a maximum grade of 6% except for sections of no more than 100 feet in length which may exceed 6%, but in no case shall exceed 10%.
(7) 
Streets and roads shall be all weather constructed. Road oil, calcium or other suitable material shall be applied in an amount and frequency as necessary to control dust.
4. 
Compliance with Other Regulations.
A. 
All campgrounds shall comply with the rules and regulations of the commonwealth and regulations of the Commonwealth of Pennsylvania, Department of Health, as set forth in Article 413, Chapter 4, "Regulations for Control of Sanitation in Organized Camps and Campgrounds" adopted. April 25, 1968, as amended.
B. 
Violation of the above shall constitute violation of this section and such violator shall be subject to penalties described herein.
5. 
Additional Requirements. In addition to compliance with the standards set forth in this section, the Township Supervisors may make additional requirements as deemed necessary to protect the health, safety, morals and general welfare of the public. Such additional requirements shall be included in the plan for the campground and shall be complied with prior to issuance of renewal of a permit.
6. 
Each campground shall have an office in which shall be kept copies of all records pertaining to the management and supervision of the campground. Such records shall be available for inspection by the authorized officers of the Township. The permit from the Township shall be on display in a conspicuous place on the premises at all times.
7. 
Penalties.
A. 
Any person violating any provision of this section shall, upon conviction thereon, in a summary proceeding before a magisterial district judge in Lycoming County, Pennsylvania, pay a fine of up to $1,000. Each day that the violation continues shall constitute a separate violation. In default of payment of any fine or costs imposed under the provisions of this section, any person so convicted will have permit lifted and/or may be committed to the county jail for a period not exceeding 30 days.
B. 
In addition to the penalty set forth in Subsection 7A above, the Township Supervisors are hereby authorized, or their duly appointed representative is hereby authorized, to issue stop, cease, and desist orders to any person who violates any provision of this section by the institution of appropriate action or proceedings, as law or in equity to enjoin and restrain any such person from violating any provision of this section.
[Ord. 75-1, 1/6/1975; as added by Ord. 04.09.2013, 4/9/2013, § 1]
1. 
Minimum lot area used for a storage facility shall be two acres.
2. 
Each facility must provide for emergency vehicle access at all times.
3. 
No structure may exceed one story in height.
4. 
Total lot coverage by structures shall be limited to 50% of the total lot area and for the self-storage facility.
5. 
All land developing regulations apply, such as, but not limited to, buffers and screening, parking, signs, setbacks, building codes and inspections, land development plans, lighting, fencing, landscaping, etc.
6. 
No self-storage unit within the self-storage facility shall contain electric outlets for use by tenants.
7. 
Self-storage units shall be used solely for the storage of goods and possessions and shall not be used for conducting or operating a business, hobby or any type of activity not related to the storage of personal property.
8. 
No self-storage unit shall be used for storage of explosive ammunition, or hazardous or flammable materials and the operator/owner of a self-storage facility shall include such a requirement in its written agreement with each tenant.
9. 
No outdoor storage is permitted on the site of the self-storage facility.
[Added by Ord. 10.11.2016.01, 10/11/2016; as amended by Ord. No. 07.11.2017.01, 7/11/2017]
1. 
Unless separately described in this chapter, such as "townhouses," "multifamily dwellings," "planned residential development," and the like, any reference to a "dwelling" or "home" as a lawful use for a lot in the district shall mean the lot is limited to only one such dwelling or home.
2. 
Other than "shopping center," any reference to "store" or "shop" or "offices" or "neighborhood commercial facility" as a lawful use for a lot in the district shall mean the lot is limited to only one such store or shop or commercial facility or office.
3. 
Notwithstanding the above, multiple primary uses may be allowed on a lot as a conditional use, if compelling reasons are found to exist and if the standards and criteria of § 27-810 are found to exist. Otherwise, each lot is to have only one primary use.
4. 
Lots with the following uses, though listed as a permitted, special exception, or conditional use, shall not be considered a multiple primary use lot if there also exists another valid listed use on the lot:
A. 
Radio, television and other wireless transmitting and receiving towers, antennas and facilities.
B. 
Electric, telephone and other public utility transmission and distribution facilities, including substations, water pump stations and sewage treatment facilities.
C. 
Home occupation.
D. 
Communication antennas mounted on an existing structure, and the communication equipment facility, if any, required for that antenna.
E. 
Oil or gas well site, or a natural gas compressor station, or a natural gas processing plant, or pipelines, or any similar facilities performing the equivalent functions.
[Ord. No. 10.10.2017.01, 10/10/2017]
1. 
The applicant shall provide a written description of the type of activity to occur on the property during the life of the permit. Any further change in use will require prior Borough approval.
2. 
The applicant shall provide a copy of all state-required permits before the use may commence.
3. 
Specifically for a dispensary (as described by statute, as amended), said activity may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
4. 
The applicant shall provide the name and twenty-four-hour emergency contact number for the individual/entity who is in charge of the dispensary or grower/processor.
[Ord. No. 11.08.2022.02, 11/8/2022]
1. 
Scope.
A. 
The provisions of this section shall apply to all residential dwelling units, conversions of nonresidential structures to residential dwellings, and all existing premises within the Township. The owner of the subject property shall be responsible for compliance with the provisions of this section and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this section shall be deemed noncompliance by the owner.
B. 
This section shall also not apply to a resort, camp, hotel/motel/inn, bed and breakfast, boarding home or group home, as defined within the Zoning Ordinance.
2. 
Interpretation. This section is intended to, and does not, exclude any landowner from compliance with the Hepburn Township Zoning Ordinance, as amended from time to time. Whenever possible, this section and the Zoning Ordinance should be construed and interpreted as being consistent, and not in conflict.
3. 
Permit required. No owner of any property in the Township shall operate a short-term rental in the Township without first obtaining a short-term rental permit from the Zoning Officer. Operation of a short-term rental without such short-term rental permit is a violation of this section. Permits may be transferable to any new owner of the property within 90 days of its issuance.
4. 
Permit requirements.
A. 
Short-term rental permit applications shall contain all of the following information: The name, address, telephone number, and email address of the owner. If the owner does not have a managing agency, agent or local contact person then the owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent or local contact person then the managing agency, agent or local contact person shall have written authorization to accept service from the owner. If the owner resides at a location over approximately 15 miles from the short-term rental property, an agent or local contact person must be selected to act as a person in charge for the property.
(1) 
The name, address, and twenty-four-hour telephone number of the managing agency, agent, or local contact person.
(2) 
Identify the maximum occupancy of the property, which shall be approved and/or can be revised at the sole discretion of the Zoning Officer.
(3) 
Signatures of the owners.
(4) 
Trespass waiver signed by the owner allowing access to the property for the Zoning Officer for the purpose of inspection to verify compliance with this section.
B. 
A short-term rental permit shall be issued only to the owner of the short-term rental property.
(1) 
A short-term rental permit is effective for the duration of the ownership of the property by the applicant unless revoked by the Zoning Officer of the Township as a result of a violation of this section at the sole discretion of the Zoning Officer. If the property is transferred to a new owner, more than 90 days after the permit issuance, the permit shall automatically become null and void and the new owner shall be required to submit a new permit application for approval.
5. 
Short-term rental standards.
A. 
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any public street right-of-way.
B. 
Overnight occupancy of recreational vehicles or camper trailers at the property where the short-term rental is located shall not be allowed.
C. 
A short-term rental shall comply with all Hepburn Township Nuisance and Hazard Protection Standards.
D. 
Compliance with the requirements of this section shall be considered conditions of a short-term rental permit, the violation of which may result in a revocation of that permit by the Zoning Officer.
E. 
In the event that a permitted owner is found to be in violation of this section, the property owner's permit shall become null and void at the Township's sole discretion.
6. 
Enforcement Officer. The administrator of this section shall be the Zoning Officer or other Hepburn Township authorized representative as appointed by the Township, which shall include any appointed Assistant Zoning Officers. The Zoning Officer shall have the responsibility and authority to administer and enforce all provisions of this section.
7. 
Inspections required.
A. 
All short-term rentals shall be subject to inspections by the Zoning Officer or other Hepburn Township authorized representative to verify application information.
B. 
The issuance of a short-term rental permit is not a warranty that the premises is lawful, safe, habitable, or in compliance with this section.
C. 
If there is reason to believe that any provision of this section is being violated, the Board of Supervisors may or may cause through an authorized representative of the Township, entry onto premises for the purpose of inspection of any and all premises, properties, buildings, and/or structure located within the Township for ascertaining the extent of violations. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner or his agent to secure access thereof.
8. 
Marketing. The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this section, or which promotes any other activity which is prohibited by this section, shall be a violation of this section.
[Ord. No. 11.08.2022.03, 11/8/2022; as amended by Ord. No. 09.10.2024.01, 9/10/2024]
1. 
Residential Roof-Mounted Solar.
A. 
Solar Energy System Design and Installation.
(1) 
Design Safety Certification. The design of the solar energy system shall conform to all applicable industry standards, including those of the American National Standards Institute.
(2) 
The solar energy system shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142.
(3) 
The solar energy system shall conform to the National Electrical Code.
(4) 
Noise emitted from solar energy system equipment shall not exceed 40 dBA, measured at the exterior lot lines of the solar energy system.
(5) 
The solar energy system shall not cause any radio frequency interference with consumer appliances.
(6) 
The maximum size of a roof-mounted solar energy system is 30 kW. Any solar energy system over the 30 kW will be considered a solar energy development.
(7) 
After the solar energy system has been installed, a system orientation with the local Fire Company shall be required.
2. 
Residential Ground-Mounted Solar.
A. 
Solar Energy System Design and Installation.
(1) 
Design Safety Certification. The design of the solar energy system shall conform to all applicable industry standards, including those of the American National Standards Institute.
(2) 
The solar energy system shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142.
(3) 
The solar energy system shall conform to the National Electrical Code.
(4) 
Noise emitted from solar energy system equipment shall not exceed 40 dBA, measured at the exterior lot lines of the solar energy system.
(5) 
The solar energy system shall not cause any radio frequency interference with consumer appliances.
(6) 
The maximum size of a ground mounted solar energy system is 30 kW. Any solar energy system over the 30 kW will be considered a solar energy development.
(7) 
After the solar energy system has been installed, a system orientation with the local Fire Company shall be required.
B. 
Solar Energy System Site.
(1) 
The solar energy system shall be located on one tax parcel.
(2) 
Required fencing and minimum setbacks:
(a) 
All solar panels, batteries, storage cells, inverters and supporting mechanical equipment necessary for the operation of the solar energy system, which are not enclosed with in a building, as well as all internal open spaces and circulation areas between the rows of panels shall be included within a perimeter security fence with a minimum height of four feet.
(b) 
All fenced area shall be set back 50 feet from lot lines of adjoining lots.
(3) 
Glare. Solar arrays and panels shall incorporate an anti-reflective surface.
C. 
Decommissioning. A decommissioning plan shall be submitted as part of the zoning permit application for the solar energy system and shall include, but not limited to, the following:
(1) 
A schedule and method for the removal of the solar energy system.
(2) 
A plan to restore the land to its condition that existed immediately prior to the installation of the solar energy system.
(3) 
A decommissioned solar energy system shall be removed from the property within six months of decommissioning.
3. 
Solar Energy Development.
A. 
Relationship to Other Requirements. The provisions, regulations, limitations and restrictions of this § 27-644 shall supersede all provisions, regulations, limitations and restrictions that are in conflict with the provisions, regulations, limitations and restrictions set forth in this § 27-644. To the extent that a provision, regulation, limitation or restriction is not specifically referenced in or regulated by this § 27-644, then the applicable provisions, regulations, limitations and restrictions of this section, as applicable, shall govern.
B. 
Requirements. Notwithstanding any provision of this section to the contrary, all solar energy developments shall comply with the following requirements:
(1) 
Design Safety Certification. The design of the solar energy development at all times shall conform to all applicable industry standards, including those of the American National Standards Institute.
(2) 
Uniform Construction Code. To the extent applicable, the solar energy development shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142.
(3) 
Electrical Components. All electrical components of the solar energy development shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.
(4) 
Noise. Noise emitted from solar energy development equipment shall not exceed 60 dBA, measured at the exterior lot lines of the solar energy development.
(5) 
Noninterference. The solar energy development shall not cause any radio frequency interference with consumer appliances.
C. 
Solar Energy Development Site.
(1) 
The solar energy development shall be located on one tax parcel.
(2) 
Plan Approval. A land development plan shall be required for a solar energy development.
(3) 
Required Fencing And Minimum Setbacks.
(a) 
All solar panels, batteries, storage cells, inverters and supporting mechanical equipment necessary for the operation of the solar energy system, which are not enclosed with in a building, as well as all internal open spaces and circulation areas between the rows of panels shall be included within a perimeter security fence with a minimum height of six feet.
(b) 
All buildings and required fenced areas shall be set back at least:
1) 
Twenty-five feet from occupied principal buildings located on lots on which the solar energy development is located, but which occupied principal buildings are not part of the solar energy development;
2) 
Fifty feet from lot lines of adjoining lots with existing dwellings on which the solar energy development is not located.
(c) 
These setback requirements, as well as any yard or setback requirements of the underlying zoning district are not applicable to any interior lot line or property line of a lot on which the solar energy development is located and bisecting the solar energy development site.
(4) 
Maximum Lot/Impervious Coverage. Except as noted herein, the areas beneath individual solar panels are considered pervious (i. e., not impervious surface). All supporting foundation systems for the solar panels, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars, shall be considered an impervious surface. The maximum lot/impervious coverage of a solar energy development shall be 35%.
(5) 
Access and Parking.
(a) 
A minimum ten-foot-wide gravel access drive shall be provided within a minimum twenty-foot-wide access easement connecting the solar energy development to a street or road so as to ensure adequate emergency and service access is provided. Internal circulation aisles installed for on-site circulation between the rows of solar panels within the solar energy development shall be 10 feet wide and shall be permitted to be grass covered.
(b) 
Off-street parking and off-street loading are not required, except at least one off-street parking space shall be provided at any substation that is part of any solar energy development.
(6) 
Minimum Buffer Area/Screening.
(a) 
A minimum twenty-five-foot-wide buffer area consisting of natural and undisturbed vegetation and any required screening treatments shall be provided along:
1) 
Road frontage of lots that are part of the solar energy development; and
2) 
Adjoining lots where the existing dwellings are within 50 feet of the solar energy development.
(b) 
Access driveways, utility lines, and stormwater management facilities shall be permitted to cross perpendicularly any required buffer area.
(c) 
The buffer area shall be permitted to coincide with and be located within any required yard or setback area.
(d) 
Where the required buffer area is located within 50 feet of an existing dwelling on a lot or property that is not part of the solar energy development, the buffer area shall include a combination of preservation of existing mature vegetation or newly installed vegetation, walls or solid fences, or topography, or other acceptable screening treatment, so as to achieve a minimum of 50 feet capacity throughout the year, at a minimum height of six feet, within five years of the solar energy development commencing operation.
(7) 
Glare. Solar arrays and panels shall incorporate anti-reflective surfaces or be placed and arranged such that objectionable glare shall not result on adjoining properties or streets or roads. The applicant shall submit with the conditional use application a glare analysis in a potential for all days of the year and all hours of the day and shall demonstrate to the Township's satisfaction that no objectionable glare will result on adjoining properties or streets and roads.
(8) 
Signs. Warning/safety signs indicating voltage shall be on solar equipment, including substations and inverters, to the extent appropriate. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except:
(a) 
Manufacturer's, installer's or operator's identification;
(b) 
Appropriate warning signs and placards;
(c) 
Signs that may be required by a federal or state government agency; and
(d) 
Signs that provide twenty-four-hour emergency contact information.
(9) 
Use of Public Roads.
(a) 
The applicant shall identify all state and local roads to be used within the Township to transport equipment and parts for construction, operation or maintenance of the solar energy development.
(b) 
The Township's Engineer or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(c) 
The Township may require the applicant to bond any road to be used during construction of the solar energy development. Any bonding required shall be in accordance with the Township's regulations for bonding roads.
(d) 
Any road damage caused by the applicant or its contractor shall be promptly repaired at the applicant's expense.
(e) 
The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.
(10) 
Fire Company. Before commissioning of the solar energy development, an on-site orientation and training of the solar energy development with fire company officials.
D. 
Abandonment and Decommissioning. A solar energy development that has not generated electricity for a period of 18 consecutive months shall be deemed to be abandoned and shall be decommissioned within 18 months from the date it is deemed abandoned. A decommissioning plan shall be submitted as part of the zoning permit application for the solar energy development and shall include, but not be limited to, the following:
(1) 
A schedule and method for the removal of the solar energy development;
(2) 
A plan for restoring the land to its condition that existed immediately prior to the development of the solar energy development, including grading and vegetative stabilization, but excluding buildings and other structures;
(3) 
A performance bond or financial guarantee in an amount to be based upon the estimated cost of the decommissioning to ensure completion of the decommissioning plan, which shall be submitted prior to the start of construction of the solar energy development; and
(4) 
An obsolete or unused solar energy development and appurtenant structures shall be removed from the property within 18 months of abandonment or decommissioning.