[Ord. 6/24/1987, 6/24/1987, § 1300]
Except as provided by law or in this Chapter
27, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated in Parts 4-11 herein.
[Ord. 6/24/1987, 6/24/1987, § 1301]
All uses permitted by right, conditional use, or special exception
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area and height, impervious
surfaces, easements, buffer yards, off-street parking, and such other
provisions as specified in other Parts herein.
[Ord. 6/24/1987, 6/24/1987, § 1302; as amended
by Ord. 3-99, 5/12/1999, § I; by Ord. 1-2000, 7/12/2000;
by Ord. 2-2002, 6/12/2002; and by Ord. 1-2004, 3/25/2004]
1. Commercial Cemeteries. A commercial cemetery shall include a burial
place or graveyard, including a mausoleum, crematory, or columbarium
that grants deeds or rights of burial to plots for a fee, provided:
A. Cemetery Area and Bulk Regulations.
(1)
The minimum lot size shall be 25 acres.
(2)
No more than 10% of the entire area, to a maximum of five acres,
may be devoted to above-ground buildings not serving as burial markers
or memorials, such as business and administration offices, chapels,
maintenance facilities, bath houses, greenhouses, work houses, repair
shops and the like. This restriction includes parking facilities.
(3)
For all accessory buildings the setback line requirement shall
be the same as for single-family detached dwellings in the zone in
which the cemetery is located.
(4)
A twenty-foot buffer strip, unoccupied except for landscaping
and walkways, shall be provided between any building or burial site
and the cemetery property line.
(5)
The side yard for all accessory buildings shall be the same
as that required for dwellings in the zone in which the cemetery is
located.
(6)
If the cemetery area exceeds 50 acres, one dwelling, to be used
for custodial personnel, may be permitted. A one-hundred-foot buffer
shall be provided on all sides of the dwelling. If the cemetery area
is less than 50 acres, there shall be no dwellings.
B. Cemetery Design Standards.
(1)
The maximum height of monuments, headstones, grave markers,
etc., shall be 10 feet.
(2)
The maximum height of mausoleums, columbariums, and other burial
structures shall be 15 feet.
(3)
The maximum height of accessory buildings, including dwelling
units where permitted shall be three stories or 35 feet.
(4)
For all entrance features, including gates, fountains, statuary,
identification signs, and the like:
(a)
There shall be not more than two identification signs at such entrance, and the same shall conform to Chapter 19, Part
1.
(b)
The main portion of entrance features shall be located at least
10 feet from the nearest right-of-way line of any public street.
(c)
No such entrance features shall exceed 12 feet in height.
(5)
Where interior roads are provided, they shall be paved according
to Township standards and shall have a minimum width of 12 feet if
one-way and 20 feet if two-way. There shall be no dead-end roads,
unless provided with a paved turnaround having a center-line radius
of at least 40 feet.
(6)
Parking.
(a)
Accessory buildings other than chapels - no less than one space
for each 200 square feet of floor area.
(b)
Chapels - no less than one space for each 100 square feet of
floor area of auditorium or three fixed seats, whichever is greater.
2. Shopping Centers. Such use shall include a building or a group of
buildings, designed as a planned complex of related structures and
circulation patterns, subject to the following additional criteria:
A. Such centers shall be at least four acres in extent;
B. The majority of all parking shall be provided in separate areas surrounding
any group of shopping buildings;
C. A major landscaped pedestrian and bicycle path system shall provide
access to the adjacent community;
D. Parking lot landscaping shall be provided in accordance with §
27-1103;
E. Lighting shall be provided in accordance with §
27-1106;
3. Motels. Such use shall include a building or group of two or more
detached or semi-detached buildings containing rooms or apartments,
which building or group of buildings is designed, intended or used
principally for the providing of sleeping accommodations for automobile
travelers.
A. The maximum number of such rented rooms shall be 30;
B. Within all permitted districts:
(1)
Such use shall be located on lots of not less than four acres
and shall have a continuous road frontage of at least 300 feet;
(2)
The use must have direct access to a collector or arterial street;
(3)
No building or structure shall be located closer than 75 feet
to any structure line or rear property line; and
(4)
Parking: No less than one off-street parking space for each guest room in addition to any parking required for any eating place associated with the motel, plus one space for every employee. All parking shall be screened in accordance with §
27-1101.
4. Convenience Store. Such use shall include a building used for the
purpose of retail sales of foodstuffs and dry goods, provided:
A. All products are sold on a carry-out basis;
B. No sales of alcoholic beverages are included;
C. Stores with a gross floor area in excess of 10,000 square feet are
not included; and
D. Parking: No less than one off-street parking space for every 120 square feet of gross floor area, plus one space per employee per shift. All parking shall be screened in accordance with §
27-1101 herein.
5. Commercial Recreation Facilities.
A. Those uses involving extensive outdoor activities shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
B. Any structure exceeding the maximum permitted height may be permitted
so long as they are set back from all property lines and street right-of-way
lines at least the horizontal distance equal to their height, plus
an additional 50 feet. Furthermore, such structures shall not be used
for occupancy.
C. The applicant shall furnish expert evidence that the proposed use
will not be detrimental to the use of adjoining properties due to
hours of operation, noise, light, litter, dust and pollution.
D. Required parking spaces shall be determined based upon a combination of the types of activities proposed and the schedule listed in §
27-1109. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing or other barriers to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
E. Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads. If, at
any time after opening of the commercial recreation facility, the
supervisors determine that traffic backups are occurring on adjoining
road and such backups are directly related to the means of access
to the subject property, the Supervisors can require the applicant
to revise the means of access to relieve the undue congestion.
6. Mini-Warehouses.
A. Off-street parking spaces shall be provided according to the schedule listed in §
27-1109 of this Part.
B. Parking shall be provided by parking/drive lanes adjacent to the
buildings. These lanes shall be at least 26 feet wide when cubicles
open onto one side of the lane only, and at least 30 feet wide when
cubicles open onto both sides of the lane.
C. Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional external storage area may be provided
for the storage of privately-owned travel trailers and/or boats, so
long as such external storage area is screened from adjoining residentially-zoned
land and is located behind the minimum front yard setback. This provision
shall not be interpreted to permit the storage of partially dismantled,
wrecked or inoperative vehicles, trailers or boats.
D. All storage shall be kept within an enclosed building except that
storage of flammable, highly combustible, explosive or hazardous chemicals
shall be prohibited. Any fuel tanks and/or machinery or other apparatuses
relying upon such fuels shall be stored only in an external storage
as described in Subsection 6C above.
E. Because of the danger from fire or explosion caused by the accumulation
of vapors from gasoline, diesel fuel, point, paint remover and other
flammable materials, the repair, construction or reconstruction of
any boat, engine, motor vehicle or furniture is prohibited.
F. Mini-warehouses shall be used solely for the dead storage of property.
The following lists examples of uses expressly prohibited upon the
site:
(1)
Auctions, commercial wholesale or retail sales or garage/lawn
sales.
(2)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment.
(3)
The operation of power tools, spray painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar
equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
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The applicant shall adequately demonstrate that all mini-warehouse
rental and/or use contracts shall specifically prohibit these uses.
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G. The mini-warehouse use shall be completely enclosed within a fence
with a minimum height of six feet. The site shall be screened from
adjoining residentially zoned properties.
7. Adult-Related Facilities.
A. An adult-related facility shall not be permitted to be located within
1,000 feet of any other adult-related facility.
B. No adult-related facility shall be located within 600 feet of any
residentially-zoned land.
C. No establishment shall be located within 600 feet of any parcel of
land which contains any one or more of the following:
(2)
Camp (for minors' activity).
(4)
Church, synagogue or other similar religious facility.
(10)
Other land where minors congregate.
D. The distance between any two adult-related facilities shall be measured
in a straight line without regard to intervening structures, from
the closest point on the exterior parcel line of each facility. The
distance between any adult-related facility and any land use specified
in Subsection 7B and C above shall be measured in a straight line,
without regard to intervening structures, from the closest point on
the exterior of the adult-related facility to the closest point on
the property line of said land use.
E. No materials, merchandise, film, motion pictures, video-cassettes,
slides or similar photographic reproductions offered for sale, rent,
lease, loan or for view upon the premises shall be exhibited or displayed
outside of a building or structure.
F. Any building or structure used and occupied as an adult-related facility
shall be windowless or have an opaque covering over all windows or
doors of any area in which material, merchandise, films, motion pictures,
videocassettes, slides or similar photographic reproductions are exhibited
or displayed and no sale of materials, merchandise or film shall be
visible from outside of the building.
G. No sign shall be erected upon the premises pictorially depicting
or giving a visual representation of the type of materials, merchandise,
films, motion pictures, videocassettes, slides or other similar photographic
reproductions offered therein.
H. Each entrance to the premises shall be posted with a notice specifying
that persons under the age of 18 years are not permitted to enter
therein and warning all other persons that they may be offended upon
entry.
I. No adult-related facility may change to another adult-related facility,
except upon approval of an additional conditional use.
J. The use shall not create an enticement for minors because of its
proximity to nearby uses where minors may congregate.
K. No unlawful sexual activity or conduct shall be permitted.
L. No more than one adult-related facility may be located within one
building.
8. Amusement Arcades.
A. All activities shall take place within a completely enclosed building.
B. The applicant must furnish evidence as to how the use will be controlled
so as to not constitute a nuisance due to noise or loitering outside
the arcade.
C. A minimum of one parking space for each 100 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require parking to be provided in accordance with the schedule listed in §
27-1109 of this chapter.
9. Medical Residential Campus.
A. The campus shall primarily serve the needs of retirement-aged persons.
At last one resident of each household shall be at least 50 years
of age or possess some handicap that can be treated within the setting
like the medical residential campus.
B. The campus shall achieve a balanced residential/medical environment,
which cannot be achieved through the use of conventional zoning techniques.
C. Residences shall be functionally, physically and architecturally
integrated with the medical services and recreational activity centers.
D. Medical and recreational uses shall be grouped together and located
near the population they serve.
E. The minimum land area devoted to the campus shall be 25 contiguous
acres.
F. All buildings or structures containing nonresidential uses and their
off-street parking lots and loading areas shall be set back at least
50 feet from all lot lines.
G. The maximum permitted overall density is 15 dwelling units per acre.
For the purposes of this section, each 1-1/2 care beds associated
with the medical use shall be considered a dwelling unit. No more
than 80% of the total number of permitted dwelling units shall consist
of care beds.
H. The maximum permitted height is 60 feet; provided, that an additional
two feet of required building setback shall be provided for that portion
of building height exceeding 35 feet.
I. No more than 60% of the subject property shall be covered with buildings,
parking and loading areas and/or other impervious surfaces.
J. Each off-street parking lot shall provide at least 10% of the total
parking spaces as those designated for the physically handicapped.
Furthermore, such parking spaces shall be located throughout the campus
in such a manner to be conveniently accessible to the buildings for
which they are required.
K. Only those uses, which provide a harmonious, balance mix of medical,
residential and recreational uses, primarily serving the campus residents
and public, quasi-public and medical services for the off-campus retirement-aged
community will be permitted. Uses may include, but need not be limited
to, the following:
(1)
Dwelling, nursing homes and congregate living facilities for
the elderly or physically handicapped.
(2)
Medical facilities including offices, laboratories, clinics,
professional or paramedical training centers and ambulatory care facilities.
(3)
Recreational and social uses such as athletic facilities, community
center and assembly halls, limited to use only by campus residents,
employees or their guests.
L. The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include
a letter from the agency responsible for ambulance service in the
site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use,
any suggestions that might enhance ambulance service. Should it be
determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
M. The applicant shall furnish the Township with a traffic impact study in accordance with §
22-523 of Chapter
22, "Subdivision and Land Development," of Lower Oxford Township.
N. The tract shall be served by public water and sewage facilities.
10. Nursing, Rest or Retirement Homes.
A. The minimum lot area shall be 10 acres.
B. The tract shall be served by public water and sewage facilities.
C. Off-street parking lots and loading areas shall be screened from
adjoining residentially zoned properties.
D. At least 10% of the required parking spaces shall be designed for
handicapped persons.
E. At least one resident of each household shall be at least 50 years
of age or possess some handicap that can be treated within a setting
like a nursing, rest or retirement home.
F. All buildings or structures containing nonresidential uses and their
off-street parking lots and loading areas shall be set back at least
50 feet from all lot lines.
G. The maximum permitted overall density is 12 dwelling units per acre.
For the purposes of this section each two care beds associated with
a medical use shall be considered as a dwelling unit. No more than
50% of the total number of permitted dwelling units shall consist
of care beds.
H. No more than 60% of the subject property shall be covered with buildings,
parking and loading areas and/or other impervious surfaces.
I. The applicant shall furnish a description of the effect of the proposed
use on the delivery of ambulance service. This description shall include
a letter from the agency responsible for ambulance service in the
site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestion that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
11. Active Adult Residential Development (AARD).
A. Recognizing the growing need for communities and related facilities
geared toward our active adult population, regulations are hereby
adopted to permit the development of such communities on tracts of
ground with a minimum area of 25 contiguous acres in the C-2 Special
Limited Business District and the C-3 Limited Commercial District.
B. Requirements for Active Adult Residential Development.
(1)
Any tract of land developed under the AARD regulations shall
be in single ownership or in the case of multiple ownership, evidence
shall be presented in written agreement between the parties involved,
and said agreement shall provide that the development shall be in
accordance with a single plan with common authority and common responsibility.
(2)
The tract shall be served by public water and public sewage
facilities.
(3)
The minimum tract areas shall be 25 contiguous acres.
(4)
At least one occupant of each dwelling unit shall be at least
55 years of age consistent with the provisions of the Federal Fair
Housing Act, as amended.
(5)
The applicant shall furnish the Township with a traffic impact study in accordance with §
22-523 of Chapter
22, "Subdivision and Land Development," of Lower Oxford Township.
(6)
No more than 60% of the subject tract shall be covered with
buildings, parking and loading facilities and/or other impervious
surfaces.
(7)
The applicant shall furnish a description of the effect of the
proposed use on the delivery of ambulance service. This description
shall include a letter from the agency responsible for ambulance service
in the site's vicinity. Such letter shall describe the adequacy/inadequacy
of existing facilities and services to accommodate the proposed use
and any suggestions that might enhance ambulance service. Should it
be determined that the proposed use would overburden local ambulance
service, the Township may attach conditions of approval that seek
to assure adequate levels of service.
C. Use Regulations.
(1)
Residential. Single-family detached dwellings, single-family
attached dwellings, quadroplex dwellings and multifamily dwellings.
(2)
Accessory Uses. Including, but not limited to, community center,
nursing facility, medical health center; central dining facilities;
administrative offices used in the management of the retirement community
and activity, craft, hobby, gift and personal service shops reasonably
integrated in the residential community and intended for its exclusive
use; recreational vehicle storage areas; maintenance buildings; security/gatehouse;
caretaker/groundskeeper living facilities; household swimming pools;
hot tubs; decks and patios and accessory utility structures.
D. Area, Bulk and Density Regulations.
(1)
The minimum tract area shall be 25 contiguous acres.
(2)
The maximum density shall be eight dwelling units per gross
acre.
(3)
The tract shall contain a minimum of 10% of common open space.
(4)
The maximum building height shall be 38 feet.
(5)
All structures shall be setback a minimum of 40 feet from exterior
streets and property lines.
(6)
Single-family detached dwellings.
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot width: 50 feet at building line.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yard, two required: five feet with a total of 15
feet for both yards.
(e)
Minimum rear yard: 20 feet.
(7)
Single-family attached and quadroplex dwelling.
(a)
Minimum lot area: 2,500 square feet.
(b)
Minimum lot width: 26 feet.
(c)
Minimum front yard: 25 feet.
(d)
Minimum side yard: 20 feet.
(e)
Minimum rear yard: 20 feet.
(8)
Multi-family structures.
(b)
Minimum distance from parking areas and/or internal streets:
20 feet.
(c)
Minimum distance between buildings: 20 feet plus two feet for
each foot of height in excess of 20 feet with a maximum distance of
50 feet total.
(d)
Minimum distances from exterior rights-of-way and/or property
lines: 50 feet.
E. Development Standards. The following development standards shall
govern the design of a community under the AARD:
(1)
General Tract Considerations. Considerations shall be given
to protecting and improving aesthetic quality of the tract. Earth
moving, including filling, tree clearance and destruction of natural
amenities including views shall be minimized. Natural features such
as lakes, streams and steep wooded slopes shall be preserved and incorporated
into the design of the development wherever possible. The location
of trees and other natural features must be considered when planning
open space, location of buildings, roads, parking areas, underground
services, walks and finished grades. In order to facilitate adequate
general tract design the applicant shall prepare a site analysis,
including graphic material of the natural conditions of the tract.
High quality landscaping shall be regarded as an essential feature
of the development. Particular attention should be given to the landscaping
of the parking areas and the streets. A plan prepared by a certified
landscape architect shall be required as part of the application.
(2)
Common Open Space. Open space shall contain no structures other
than those related to the purpose of open space, (i.e., community
center and/or community recreation facilities including community
center parking facilities) and shall be maintained by the community.
The Township shall approve the area and type of open space.
(3)
Parking. A minimum of two off-street parking spaces shall be provided for each residential unit. Parking for community facilities shall be in compliance with §
27-1109, "Off-Street Parking Regulations for Other than Single-Family Residential Uses."
(4)
Sidewalks. Sidewalks along interior streets shall not be required
provided an alternative system, designed to connect neighborhoods
within the development to the open space and community center facilities,
is established.
(5)
Streets. Private interior streets shall have a minimum cartway
width of 22 feet. Construction requirements shall be approved by the
Township.
12. Light (Limited) Industry. All uses permitted by special exception,
conditional use and by right in the Limited Industrial Zoning District,
Part 10, will be permitted as a conditional use in the C-1 Neighborhood
Commercial District, the C-2 Special Limited Business District and
the C-3 Limited Commercial District. However, in no event shall any
commercial composting processing operation be permitted in the C1,
C2 or C3 Districts.
A. Area and bulk regulations shall comply with those of §
27-901 of the C-2 Special Limited Business District.
B. In the C-1 Neighborhood Commercial District the front lot line shall
be set back a minimum distance of 400 feet from the center line of
Limestone Road (SR 0010).
C. In the C-1 Neighborhood Commercial District, an access strip with
a minimum width of 50 feet shall provide access to Limestone Road
or the lot shall have direct access to a public street. The area of
the access strip shall not be used in calculating the lot area.
D. All manufacturing and storage shall be contained within buildings.
E. No commercial processing operation shall be permitted in any of the
above zones.
13. Public Utility Office or Operating Facilities. The following criteria
shall be used in determining the required minimum lot size:
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A.
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Front yard setback
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40 foot minimum
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B.
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Side yard setback (both)
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20 foot minimum
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C.
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Rear yard setback
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20 foot minimum
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D.
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All facilities shall be enclosed with a cyclone fence with a
minimum height of six feet with a locking gate.
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E.
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In residentially zoned areas, there shall be buffer planting
a minimum of 10 feet in width between the fence and street right-of-way
line or the property line
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14. Car Wash. Within the C-1, C-2 and C-3 Commercial Districts a car
wash is permitted as a conditional use subject to the following criteria:
A. Area and bulk regulations shall comply with those of the District
in which the use is located except all structures housing washing
apparatuses shall be setback 75 feet from any street right-of-way
line, 50 feet from any rear property line and 20 feet from any side
lot line.
B. Public sewer and water facilities shall be available.
C. Each washing bay shall provide one-hundred-foot long on-site stacking
lane.
D. Trash receptacles shall be provided to prevent scattering of litter,
and the applicant shall furnish and implement a working plan for cleanup
of litter and debris.
E. A car wash may be considered as an accessory use when constructed
on the same lot with an automobile service station or a mini-market
which dispenses gasoline. A conditional use application is required.
15. Regulations controlling agriculture in the form of the preparation
of fresh mushroom compost/substrate and the processing of spent mushroom
compost/substrate. An owner or operator of a proposed mushroom farming
operation, including the production of fresh mushroom compost/substrate
and the processing of spent mushroom compost/substrate, shall obtain
a Township permit to operate, which the Township shall issue to the
owner or operator upon the Township's receipt of proof that:
[Added by Ord. 3-2011, 6/8/2011]
A. The
owner or operator is engaged in a normal fanning operation (as set
forth in the DEP's Mushroom Best Management Manual; see Figures 3.1
and 5.1);
B. Has
an approved mushroom farm environmental management plan;
C. Complies
with the best management practices in the DEP's Mushroom BMP Manual;
and
D. If
applicable, has an approved farm management conservation plan or nutrient
management plan.
16. Regulations Controlling Solar Energy Systems.
[Added by Ord. 1-2012, 6/13/2012]
A. Categories:
(1)
Solar energy systems, residential and agricultural, which are
used solely by the resident and/or agricultural operator.
(2)
Solar energy systems, large-scale, which are used by an electric-generating
facility.
B. Permitting Required.
(1)
All solar energy systems, whether residential and agricultural
or commercial, are required to secure a building permit and solar
system permit from Lower Oxford Township.
(2)
To the extent applicable, the solar energy systems shall comply
with the Pennsylvania Uniform Construction Code, as amended, and the
regulations adopted by the Department of Labor and Industry as administered
by Lower Oxford Township.
(3)
The Township Code Officer shall, as a part of the permitting
process, determine that the proposed size of the solar energy system
is consistent with a system to be used only by the residential or
agricultural use on the property for said systems.
(4)
The Township Code Enforcement Officer and Building Inspector
shall review the plans for a commercial solar energy system to ensure
compliance with all area and bulk regulations of the district as a
part of the inspection.
C. Design Standards. The design of the solar energy system shall conform
to all applicable industry standards.
D. Commercial Solar Array. The applicant for a solar energy system -
commercial or industrial shall be required to substantiate the impact
of the system on stormwater runoff. If the construction of the array
will create runoff that is greater than that existing on the site,
then in that event stormwater calculations and a proposed plan for
controlling the excess stormwater must be submitted to the Township
Engineer for review. Any agricultural solar energy system which produces
more than 25% in excess of its use on that property shall be treated
as a commercial solar energy system and must comply with the regulations
contained herein for that purpose.
17. Regulations Controlling Wind Energy Systems.
[Added by Ord. 1-2012, 6/13/2012]
A. Wind energy systems, where permitted, are subject to the following
regulations:
(1)
The maximum height of a small wind energy system shall be no
taller than 160 feet in height.
(2)
The minimum setback for small wind energy system shall be 1.1
times the total height, which shall include the height of any structure
that a tower or pole is mounted on if it is not mounted directly at
ground level. The setback distance shall be measured from the center
of the wind turbine base to the nearest point on the neighboring property
line.
(3)
All applicable performance standards set forth in this chapter
shall apply to and govern the use of small wind energy systems.
(4)
Requirements for the decommissioning of a small wind energy
system shall be as established elsewhere in this chapter.