Township of Upper Allen, PA Article XIV Specific Standards for Designated Uses

§ 245-14.1 Specific standards.

A. In addition to the general criteria for uses within a particular district and supplemental regulations established in Article XVI, this article sets forth standards that shall be applied to each individual use identified herein. The standards of this article must be satisfied before approval of any application for a special exception, conditional use or zoning permit, as applicable. The criteria for special exceptions and conditional uses in this article shall be in addition to the general criteria for special exceptions and conditional uses set forth in Article XIX, as applicable. The applicant shall be responsible for providing evidence and demonstrating compliance with all applicable standards.

B. All uses identified in this article must comply with the general regulations for the district in which the use is to be located, unless different or inconsistent standards are established by this article, in which case the standards in this article shall take precedence.

C. The decision-making body may request a traffic study in accordance with the Upper Allen Township Subdivision and Land Development Ordinance[1] for any use as deemed necessary.

[1] Editor's Note: See Ch. 220.

§ 245-14.2 Accessory agriculture uses, including the farmhouse, barns, outbuildings and structures.

A. The accessory agriculture uses shall not comprise more than 10% of the farm parcel.

B. The accessory uses shall meet other requirements for specific uses found in Articles XVI and XIV of this chapter.

C. Minimum setback of buildings on the farm parcel shall be, unless otherwise stipulated herein for specific buildings, structures or uses:

(1) Front yard: 50 feet.

(2) Side yard: 30 feet.

(3) Rear yard: 50 feet.

§ 245-14.3 Accessory apartments.

[Amended 3-5-2025 by Ord. No. 844]

A. The apartment will be a complete and separate housekeeping unit that can be isolated from the original unit with its own exterior entryway. The exterior entryway shall not be part of the front facade of the primary residence.

B. Only one accessory apartment shall be permitted per single-family detached residential lot. The apartment may be detached or attached to the primary residence.

C. Detached and attached apartments must conform to the general architectural style of the primary residence.

D. The apartment shall meet all building setback and coverage requirements of the underlying zoning district. When detached from the primary residence, the apartment shall be set back a minimum of 10 feet from the primary residence.

E. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences.

F. The design and size of the apartment conforms to all applicable state and Township standards/codes.

G. A minimum of 300 square feet of floor area shall be required. The accessory apartment shall be no more than 45% of the primary structure's total floor area.

H. At least a total of three off-street parking spaces are available for use by the owner-occupant and tenant.

I. The accessory apartment shall be located on the same lot as the primary residence and cannot be subdivided or sold separately from the primary residence.

§ 245-14.4 (Reserved) [1]

[1] Editor's Note: Former § 245-14.4, Accessory day care, was repealed 10-4-2023 by Ord. No. 828.

§ 245-14.5 Active and low-impact noncommercial recreation areas in conservation and greenway areas in conservation subdivisions.

A. Active recreation uses, such as playing fields, playgrounds, courts and bikeways, shall not consume more than half of the minimum required conservation or greenway land or five acres, whichever is less.

B. Low-impact passive recreation uses shall include uses such as village greens, commons, picnic areas, community gardens and trails, but shall exclude motorized off-road vehicles, rifle ranges, and other uses similar in character.

C. Playing fields, playgrounds and courts shall not be located within 100 feet of abutting properties.

D. Parking facilities shall be permitted for the above uses provided that parking facilities can only be used in designated greenway areas as an accessory use as permitted on adjacent development area lots. Design features shall include semipermeable surfaces, unlighted, properly drained, safe ingress and egress.

§ 245-14.6 Adaptive reuse of federally or locally designated historic buildings.

A. Purpose. The purpose of the adaptive reuse is to ensure the continued use and condition of the historic resource.

B. The conversion of buildings within a locally designated historic district, in accordance with Chapter 155 of the Codified Ordinances of Upper Allen Township, and listed historic sites or structures, in accordance with § 155-12 therein, to a cultural facility, as defined herein, or another nonresidential use permitted in the district in which the historic building is located shall be permitted in accordance with the following requirements:

(1) The applicant shall submit a plot plan, building plans and specifications to the Upper Allen Township Historical Architectural Review Board for its review in accordance with Chapter 155, Historic Districts.

(2) The applicant shall receive a certificate of appropriateness from the Board of Commissioners of Upper Allen Township.

(3) All off-street parking and/or loading areas shall be screened from adjoining residences, residential districts, and roads in accordance with buffer yard type 1 as set forth in the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(4) Signs shall be in accordance with Chapter 155 and Article XVIII of this chapter, whichever is stricter.

[Amended 8-21-2024 by Ord. No. 836]

(5) Joint parking or off-site parking shall be permitted in accordance with Article XVII herein.

C. In addition to the uses permitted in Subsection B above, the historic building may revert to its original, historic use, provided it meets the conditions in Subsection B above and is deemed compatible with the surrounding neighborhood through the special exception review process.

§ 245-14.7 Adult regulated facility.

A. Permits required. No person shall operate an adult entertainment establishment without first obtaining a use and occupancy or zoning permit as provided in this chapter and all other applicable permits required by law. The permit will be reviewed annually for compliance. The Health Officer and/or Zoning Officer will also perform regular inspections.

B. Minimum spacing and proximity requirements.

(1) No adult entertainment establishment shall be located within 600 feet of any other adult entertainment establishment.

(2) No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

(a) No such establishment shall be located within 600 feet of the property line of a residential dwelling.

(b) No such establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

[1] Amusement park;

[2] Camp (for minors' activity);

[3] Child-care facility;

[4] Church or other similar religious facility;

[5] Community center;

[6] Museum;

[7] Park;

[8] Playground;

[9] School;

[10] Other lands where minors congregate.

(3) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified in Subsection B(2) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.

C. Visibility from the street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes, or relates to specified sexual activities and/or specified anatomical areas, as defined in Article II, Land Use Definitions, to be viewed from the street, sidewalk, or highway.

D. Signs. No person shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street any sign or signs, photographic, pictorial or other graphic representation that depict in whole or in part the following:

(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act, which are prohibited by law.

(2) Scenes where a person displays the vulva or the anus or other genitals.

(3) Scenes where artificial devices are employed to depict, or drawings are employed to portray, any of the prohibited signs, photographs or graphic representations described above.

(4) Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.

E. Any use or activity prohibited by Section 5903 of the Pennsylvania Crimes Codes,[1] as amended, and further defining the offense of obscenity, redefining obscene, and further providing for injunctions, shall be prohibited.

[1] Editor's Note: See 18 Pa.C.S.A. § 5903.

§ 245-14.8 Agriculture operation.

A. Minimum lot size of five acres.

B. Minimum street frontage of 300 feet.

C. No structure for the housing of poultry, livestock or feedlot shall be located:

(1) Within 300 feet of any residential structure, other than a structure in which the applicant resides, located on the same lot.

(2) Within 125 feet of any right-of-way line.

(3) Within 300 feet from adjoining property line in other than Agricultural District.

D. Manure storage facilities are subject to the requirement of § 245-16.3.

E. Building height. The building height restrictions shall be subject to provisions of § 245-16.6.

F. Intensive agricultural uses shall be subject to § 245-14.17 herein.

§ 245-14.9 Agritourism enterprise.

A. An agritourism enterprise must comply with the minimum lot size and width in the district in which it is located.

B. Activities or structures included in the agritourism enterprise must comply with the setbacks for accessory structures in which it is located unless utilizing an existing structure.

C. An agritourism enterprise must comply with the building and/or impervious coverage requirements for the lot in the district in which it is located unless utilizing an existing structure. The use of existing structures is encouraged.

D. Outdoor storage areas, and off-street parking and/or unloading areas shall be screened from adjoining residential districts with a buffer yard type 1 in the applicable setback area and in accordance with buffering and screening requirements of § 245-16.5.

E. An Agritourism Enterprise must comply with the access and driveway provisions in Article XVII Off-Street Parking and Loading in this chapter. A shared use driveway with an existing driveway is encouraged.

F. The applicant must demonstrate sufficient off-street parking and loading spaces are provided for the uses proposed in accordance with Article XVII Off-Street Parking and Loading in this chapter.

G. Signage shall comply with Article XVIII, Signs, in this chapter.

H. Agritourism enterprises shall be owned or operated by the landowner, landowner's immediate family member, operator of the farm, or persons in residence of the farm.

I. Zoning permit and/or building permit required. In addition to completing a zoning permit and/or a building permit application, applicants proposing an agritourism enterprise must submit information identifying the following:

(1) Location map.

(2) Description of the existing agricultural operation, proposed activities, and how the proposed use is accessory in nature.

(3) All existing and proposed farm structures and dwellings.

(4) Driveways, access drives, parking areas, vehicle turnaround areas, loading areas, and proposed vehicle circulation patterns.

(5) Location and adequacy of sewage facilities (if required).

(6) Stormwater management plan (if required).

(7) Proposed operating dates/times.

(8) Estimated number of attendees.

(9) Landscaping/buffering plan.

(10) Certify compliance with all applicable local, state, and federal regulations and permits.

(11) When there is a change in the use of the farm with an agritourism enterprise, or when there is a change in the management of the enterprise, the continuation of the enterprise or business shall be subject to review and re-approval in accordance with current regulations in place at that time.

§ 245-14.10 Airports, heliports and helistops.

A. Minimum lot area shall be 30 acres for airports and three acres for heliports and helistops.

B. The applicant shall submit evidence confirming that the facility will be constructed, operated, and maintained in accordance with applicable rules and regulations of the Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation, related to the use of airports, heliports, or helistops.

C. No part of the takeoff/landing strip and/or pad shall be located within 300 feet from any property line.

D. The applicant shall provide the delineation of the airport or heliport hazard zone to the Township and all adjoining municipalities with land located within the hazard zone.

E. All facilities shall not be detrimental to the health, welfare and safety of the Township residents and their property.

F. Heliports and helistops shall meet the following additional requirements:

(1) The landing pad shall be at least 80 feet square or a circle with an eighty-foot diameter. This pad shall be paved, level, and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.

(2) At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet, and shall have a glide angle slope of 8° to one, measured from the outer edge of the pad.

(3) An application for a helistop or heliport on a roof or similar aboveground structure shall be accompanied by a certification by a registered engineer that the loads imposed by a helicopter will be supported by the structure.

(4) The helistop and heliports shall be used only for personal or executive use by a firm or individual.

(5) No helicopter over 6,000 pounds gross weight shall use any helistop.

(6) The application shall include at a minimum the following:

(a) A copy of the Federal Aviation Administration Form 7480-1, Notice of Land Area Proposal.

(b) A copy of the letter of "no objections" from the Federal Aviation Administration.

(c) A copy of the Commonwealth of Pennsylvania Application for Approval of a Land Site, AV-4, and necessary supplemental information or equivalent, and the letter of site approval from the Pennsylvania Department of Transportation, Bureau of Aviation.

(d) An aerial photograph or drawing, either of which shall be at a scale no less than one inch equals 200 feet, indicating the approach and departure routes, the location of all residences, schools, churches, hospitals, and areas used for the open assembly of people, as well as other noise-sensitive areas within the radius of 1/2 mile of the proposed helistop or heliport sites.

G. Heliports shall meet the following additional requirements:

(1) Heliports shall be located a minimum of 1,000 feet from any dwelling unit.

(2) The applicant shall submit a land development plan for review and approval by the Township.

(3) Heliports shall meet all requirements of the Zoning Ordinance for the district of its proposed location.

(4) The proposed site shall be fenced with a minimum height of four feet with at least two openings, except those located on the rooftops. The fence shall be located so as not to obstruct the glide angle of the helicopter using the heliport.

(5) The proposed heliport shall not adversely affect the health and safety of the citizens both in and surrounding Upper Allen Township.

(6) The applicant shall also make full compliance with those guidelines and regulations for helistops and heliports or similar facilities as outlined in the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Aviation, Title 67, Regulations Relating to Pennsylvania Aviation, as amended.

(7) It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Township of Upper Allen Township other than at an approved helistop or heliport, except:

(a) In conjunction with a special event such as an athletic contest, a holiday celebration, parade or similar activity, after seven days' advanced notice has been given to the Zoning Officer and/or Township Engineer, and a special permit has been issued by the Zoning Officer and/or Township Engineer or his/her designee.

(b) When necessary for law enforcement purposes and for emergencies.

(c) For the purpose of delivery or transfer of patients to/from any hospital and/or its emergency trauma centers.

§ 245-14.11 Animal hospitals; kennels.

A. Kennels and/or animal hospitals shall have a minimum lot size in accordance with the requirements of the zoning district.

B. All areas used for exercise shall be securely fenced.

C. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet from all property lines and a minimum of 200 feet from any adjacent residence whose owner is other than the animal building owner.

D. Animals shall be permitted to exercise daily between the hours of 8:00 a.m. to 8:00 p.m. All outdoor exercise areas shall be 200 feet from any property line.

E. Satisfactory evidence must be presented to indicate that adequate storage and disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

F. Evidence of adequate water supply and wastewater disposal must be provided by the applicant.

G. All kennel areas not enclosed by a building shall be enclosed by a fence not less than six feet in height.

H. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or runways shall be located within the rear yard.

I. All kennels shall be licensed by the commonwealth and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Chapter 21, General Provisions; Kennels; Licensure; Dog-Caused Damages, as amended.

§ 245-14.12 Bed-and-breakfast homes and inns.

A. A bed-and-breakfast home shall be allowed only in an owner-occupied, single-family, detached residential dwelling or buildings accessory thereto. No modification to the external appearances of the building (except fire and safety requirements) which would alter its residential character shall be permitted.

B. The owners of a bed-and-breakfast home or bed-and-breakfast inn must be in the residence when guests are present.

C. Accommodations for overnight lodging at a bed-and-breakfast home shall be limited to no more than five guest rooms and to no more than 10 guests at a given time. Accommodations for overnight lodging in a bed-and-breakfast inn shall be limited to no more than 10 guest rooms and to no more than 20 guests at a given time. The guest rooms for both bed-and-breakfast homes and inns shall be rented to overnight guests on a daily basis for periods not exceeding one week.

D. Accommodations at bed-and-breakfast homes and inns may include breakfast prepared on the premises for guests and included in the charge for the room. No meal other than breakfast may be prepared on the premises for the registered guests. Catered food service from a licensed facility is permitted without additional licensing requirements.

E. No cooking facilities shall be provided or permitted in individual guests rooms.

F. A bed-and-breakfast home or inn shall be required to obtain a state highway occupancy permit or Township driveway permit, as appropriate.

G. A bed-and-breakfast home or inn must conform to all zoning regulations with regard to parking, access, signs, area, setbacks, etc., as are applicable under this chapter or as attached by the Zoning Hearing Board or Board of Commissioners of Upper Allen Township.

H. A bed-and-breakfast home or inn must provide for buffer yards when determined necessary by the Zoning Hearing Board or Board of Commissioners in conformance generally with the buffer program as set forth under § 245-16.5 of this chapter and screening in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

I. The facility shall adhere to lighting requirements in § 245-16.10.

J. The use of a residential dwelling for a bed-and-breakfast home or inn must be approved by the Township's Sewage Enforcement Officer and system upgraded, if necessary.

K. Not more than one person for the housekeeping functions of the use, other than the occupants of the bed-and-breakfast home or inn, shall be employed by the home or inn.

L. No goods may be publicly displayed for sale on the premises.

M. The source of water to be used by the bed-and-breakfast home or inn shall be a potable water source as certified by a test laboratory and a certified provider.

N. All bed-and-breakfast homes and bed-and-breakfast inns shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry, and all other applicable building, safety, and fire codes of the federal, state, or local government.

O. Section 245-14.64 conditions, herein, shall be met if the bed-and-breakfast home or inn will be used for special occasions as defined under "special occasion home" in Article II, Land Use Definitions, of this chapter.

§ 245-14.13 Boardinghouses.

A. Minimum lot area. As required by the zoning district in which the property is located.

B. The Boardinghouse shall provide accommodations for no more than five persons.

C. The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used and all other federal and state license requirements have been met.

D. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.

E. All floors above grade shall have direct means of escape to ground level.

F. All parking areas shall be screened from adjoining residences, residential districts and roads in accordance with buffer yard type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance, and shall be set back a minimum of 25 feet from all property lines.

G. Meals shall be offered only to registered tenants.

H. No signs shall be permitted.

§ 245-14.14 Camps and campgrounds.

A. Camps shall meet all requirements set forth in Title 28 of the Pennsylvania Code, Chapter 19, Organized Camps and Campgrounds, and other rules and regulations of the commonwealth.

B. There shall be a minimum lot area of 15 acres.

C. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street right-of-way line.

D. Each campsite shall be at least 1,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.

E. An internal road system shall be provided.

F. All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties in accordance with buffer yard type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance.[1] Such outdoor play areas shall be used exclusively by registered guests and their visitors.

[1] Editor's Note: See Ch. 220.

G. All centralized sanitary and garbage collection facilities shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from any adjoining residential property in accordance with § 245-16.8 herein.

H. Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels used for residential purposes in accordance with buffer yard type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance.

I. All campgrounds containing more than 100 campsites shall have vehicular access to a minor arterial or collector roadway, as identified in the Upper Allen Township Comprehensive Plan, as amended.

J. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.

K. During operation, every campground shall have an office in which shall be located the person responsible for the operation of the campground.

L. All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public street.

§ 245-14.15 Cemeteries.

A. Minimum lot area shall be five acres.

B. All burial plots or facilities shall be set back a minimum of 20 feet from any property line.

C. No burial plots or facilities are permitted in floodplain or flood fringe areas.

§ 245-14.16 Wireless communications facilities.

[Amended 11-17-2021 by Ord. No. 813]

A. Short title. This section shall be known as the "Upper Allen Township Wireless Communications Facilities Ordinance."

B. Purposes and findings of fact.

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

(2) By enacting this section, the Township intends to:

(a) Regulate the placement, construction and modification of wireless communications facilities to protect the safety and welfare of the public;

(b) Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of Township residents, businesses, and wireless carriers in accordance with federal and state laws and regulations;

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

(d) Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, and other wireless communications facilities;

(e) Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

(f) Protect Township residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;

(g) Ensure that wireless communications facilities will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary; and

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

C. Definitions.

(1) Certain terms used herein are defined at Chapter 245, Article II, § 245-2.1, "Word usage and definitions."

(2) All language used herein shall be interpreted in accordance with Chapter 245, Article II, § 245-2.1, "Word usage and definitions."

(3) Any terms not specifically defined shall be construed in their legally accepted meanings.

D. Regulations applicable to all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:

(1) Procedures.

(a) Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Township for review by the Township staff and Planning Commissions and for approval by the Board of Commissioners of Upper Allen Township in accordance with the requirements of the Township of Upper Allen Subdivision and Land Development Ordinance, Part II, Chapter 220.

(b) The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(2) Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners of Upper Allen Township. If the Township receives an application for a tower-based WCF and such application is not fully completed, then the Township shall notify the applicant within 10 business days that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

(3) Development regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

(a) Permitted in certain zoning districts subject to regulations. Any tower-based WCF that is either not mounted on any existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township. The Board of Commissioners may grant a conditional use after review of the Planning Commission and a public hearing before the Board of Commissioners. An applicant for a tower-based WCF must establish the following:

[1] Siting. Tower-based WCFs shall only be permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of § 245-14.16:

[a] Agricultural District (A) (in designated conservation areas only).

[b] Highway Commercial District (C-2).

[c] Industrial District (IND).

[d] Low-Density Residential (R-1) (in designated greenway areas only).

[2] Coverage and capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage and capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage and capacity. The existence or nonexistence of a gap in wireless coverage and capacity shall be a factor in the Township's decision on an application for approval of tower-based WCFs.

[3] Co-location. An applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structures where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.

[4] Site plan. An applicant for a tower-based WCF must submit a full site plan to the Township Zoning Officer which shall include:

[a] Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property. Written authorization from the property owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the property owner of being bound by § 245-14.16, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Upper Allen Township.

[b] A site plan that is drawn to scale and shows the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed structures; scaled elevation view; access road(s) location and surface material; parking area; fences; location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).

[c] A written report including information describing the tower height and design; a cross section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including the number and type of antennas that it can accommodate; radio-frequency coverage including scatter plot analysis and the input parameters for the scatterplot analysis; all tower structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

[d] A written report, titled "Cost of Wireless Facilities Removal," certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and related facilities.

[e] All other uses ancillary to the tower-based WCF and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.

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

[g] An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional uses under § 245-14.16 or other organizations seeking to locate antennas within the Township; provided, however, that the Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

[h] The need for additional buffer yard treatments shall be evaluated.

[i] Other information deemed to be necessary by the Township to assess compliance with § 245-14.16.

(b) Underground district. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground.

(c) Prohibited in residential districts. Tower-based WCFs shall not be located within a residential district unless otherwise noted in Subsection D(3)(a)[1] above, or within 300 feet of a lot in residential use or a residential district boundary.

(d) Prohibited in open space and conservation areas and the Scenic River Overlay District. Tower-based WCFs shall not be located within an open space or conservation area or within 500 feet of a lot in open space or conservation use or within the Scenic River Overlay District boundary.

(e) Prohibited in wetlands and known bird concentration areas. No tower-based WCF shall be located in or within 500 feet of wetlands; other known bird concentration areas (i.e., state or federal refuges, staging areas, rookeries); in known migratory or daily movement byways; or in the habitat of threatened or endangered species.

(f) Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

(g) Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

[1] Existing use. The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

[2] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[3] Minimum setbacks for antenna support structures. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the support structure and any property line or right-of-way line shall be equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) for the zoning district in which the lot is located and any other additional requirements for that zoning district. Guy wires and accessory facilities must also satisfy the minimum zoning district setback requirements.

(h) Minimum setbacks for accessory structures. All antenna installations, including tower-based WCFs, shall comply with the accessory structure setback requirements in the zoning district in which they are sited and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.

(i) Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.

(4) Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 1,000-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Township within 15 days of completion.

(5) Co-location.

(a) An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building.

(b) Any applicant proposing construction of a new tower-based WCF outside the rights-of-way shall demonstrate to the satisfaction of the Board of Commissioners, by written submission, that a good faith effort has been made to obtain permission to mount the tower-based WCF antenna on an existing building or structure. The Township may deny any application to construct a new tower if the applicant has not made a good faith effort to co-locate the antenna on an existing structure. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies, in writing, to the Board of Commissioners that one or more of the following reasons for not selecting such structure apply:

[1] The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

[2] The proposed WCF and related equipment would cause radio-frequency 6interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;

[3] Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or

[4] A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

(6) Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, Pennsylvania Uniform Construction Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(7) Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(8) Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.

(9) Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(10) Maintenance. The following maintenance requirements shall apply:

(a) Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

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

(d) The Township reserves the authority to require the repainting of all tower-based facilities where the painting of such facilities is not regularly maintained, in accordance with Chapter 189, Property Maintenance.

(11) Radio-frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A tower-based WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any tower-based WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

(12) Historic buildings and districts. No tower-based WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

(13) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The sign shall be no more than five square feet in size.

(14) Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

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

(16) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(17) Inspection and inspection reports. No later than the first day of December of each odd-numbered year, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Township no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

(18) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(19) Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

(20) Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. Any cost to the Township for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.

(c) Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(21) Siting. No tower-based wireless communications facility shall be located, in whole or in part, within the right-of-way.

(22) Eligible facilities request.

(a) Tower-based WCF applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township.

(b) In order to be considered for such permit, the tower-based WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(23) Design regulations.

(a) Any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact or any other lawful considerations related to the character of the Township.

(b) The tower-based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(c) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower-based WCF applicant's antennas and comparable antennas for future users.

(d) All utilities that are extended to the site of the tower-based WCF shall be placed underground.

(e) Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(24) Surrounding environs.

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

(b) The tower-based WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(25) Fence/screen.

(a) A security fence having a maximum height of eight feet, and a minimum height of six feet, shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(b) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

(c) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(26) Accessory equipment.

(a) Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.

(b) All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(27) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

(28) Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet throughout its entire length.

(29) Parking. For each tower-based WCF greater than 40 feet in height, there shall be at least one off-street parking space.

(30) Bond. Prior to the issuance of a conditional use zoning permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

(a) An amount of $75,000 to assure the faithful performance of the terms and conditions of this section; and

(b) An amount determined by the Board of Commissioners based on engineering estimates to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Board of Commissioners may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Wireless Facilities Removal," certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

(31) Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

(32) Graffiti. Any graffiti on the tower-based WCF, including the wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

(33) Inspection by the Township. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

E. Regulations applicable to all non-tower wireless facilities. The following regulations shall apply to all non-tower wireless communications facilities:

(1) Procedures.

(a) Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings indicating how the non-tower WCF will be mounted on the structure for review by the Township staff.

(b) The applicant shall prove that it is licensed by the FCC to operate a non-tower WCF and that the proposed non-tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(2) Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

(a) Permitted subject to regulations. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the Township.

[1] Siting. Non-tower WCFs are permitted in all zoning districts by right, subject to the requirements and prohibitions of § 245-14.16.

[2] Height. Any Non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

[3] Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[4] Fencing. A security fence with a maximum height of eight feet, and a minimum height of six feet, shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(b) Site plan. An applicant for a non-tower WCF must submit a full site plan to the Township Zoning Officer which shall include:

[1] Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the Township for conditional use. Written acknowledgment from the wireless support structure owner of being bound by § 245-14.16, the conditions of any site plan approval authorized by the Township, and all other requirements of the Code of Upper Allen Township.

[2] A site plan that is drawn to scale and shows the following features: property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennas; existing or proposed electrical power source; and scaled elevation view.

[3] A written report including information describing the antenna height and design; a cross section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio-frequency coverage including scatterplot analysis and the input parameters for the scatterplot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

[4] A written report, titled "Cost of Non-Tower Wireless Facilities Removal," certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antennas and related facilities.

[5] An inventory of its existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Township or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Township may share such information with other applicants applying for site plan approvals, zoning permits, or conditional use under § 245-14.16 or other organizations seeking to locate antennas within the Township; provided, however, that the Township Department of Community Development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

[6] Other information deemed to be necessary by the Township to assess compliance with § 245-14.16.

(3) Eligible facilities request.

(a) Non-tower WCF applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township.

(b) In order to be considered for such permit, the non-tower WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(4) Visual or land use impact. The Township reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

(5) Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Township.

(6) Prohibited on certain structures in residential districts. Non-tower WCFs shall not be located on any single-family attached, detached, semidetached, or two-family dwellings, or any residential accessory structure, or within 300 feet of a lot in residential use.

(7) Prohibited in open space and conservation areas and the Scenic River Overlay District. Non-tower WCFs shall not be located within an open space or conservation area or within 500 feet of a lot in open space or conservation use or within the Scenic River Overlay District boundary.

(8) Timing of approval. All applications for non-tower WCFs shall be acted upon by the Township within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount as established from time to time by resolution of the Board of Commissioners. If the Township receives an application for a non-tower WCF and such application is not fully completed, then the Township shall notify the applicant within 10 business days that the application is not complete, and the time for the approval of such application shall not commence until a fully completed application is received by the Township.

(9) Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(10) Bond. Prior to the issuance of a conditional use zoning permit, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Township. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Township and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:

(a) An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(b) An amount determined by the Board of Commissioners based on engineering estimates to cover the cost of removing and disposing of the antenna and related facilities. The Board of Commissioners may consider, but shall not be required to rely upon, the applicant's written report, titled "Cost of Non-Tower Wireless Facilities Removal," certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

(11) Design regulations.

(a) Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.

(b) Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a variance.

(c) All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(d) Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.

(12) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(13) Wind and ice. Any non-tower WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(14) Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(15) Radio-frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A non-tower WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the conditional use authorization of any non-tower WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

(16) Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(17) Inspection and inspection reports. No later than the first day of December of each odd-numbered year, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

(18) Graffiti. Any graffiti on the non-tower WCF, including the wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Township.

(19) Inspection by the Township. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(20) Maintenance. The following maintenance requirements shall apply:

(a) The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

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

(21) Upgrade, replacement, modification.

(a) The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the non-tower WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the non-tower WCF or the numbers of antennas.

(b) Any material modification to a wireless telecommunications facility shall require a prior amendment to the original permit or authorization.

(22) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:

(a) All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.

(b) If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the non-tower WCF and/or related facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the non-tower WCF. Any cost to the Township for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a municipal tax on real property.

F. Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

(1) Development regulations.

(a) Small WCFs are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this section, § 245-14.16F, and generally applicable permitting as required by the Township Code.

(b) Small WCFs located within any district requiring nondiscriminatory undergrounding of all utility installations shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within any district requiring nondiscriminatory undergrounding of all utility installations.

(c) Small WCFs in the public right-of-way requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.

(d) All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act[1] and all Township Code requirements applicable to streets and sidewalks.

[1] Editor's Note: See 42 U.S.C. § 12101 et seq.

(2) Procedures.

(a) Any applicant proposing a small WCF shall submit an application for review by the Township staff.

(b) The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

(3) Timing of approval.

(a) Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

(b) Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

(c) Within 10 calendar days of the date that an application for a small WCF is filed with the Township Zoning Officer, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application.

(4) Eligible facilities request.

(a) Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Township.

(b) In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Township in accordance with applicable permit policies and procedures.

(5) Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming tower-based WCFs and other nonconforming structures. Co-location of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(6) Application fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in an amount as established from time to time by resolution of the Board of Commissioners.

(7) Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code, or to the industry standard applicable to the structure. Any small WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

(8) Historic buildings and districts. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within an historic district, or is included in the official historic structures list maintained by the Township.

(9) Prohibited in open space and conservation areas and the Scenic River Overlay District. Small WCFs shall not be located within an open space or conservation area or within 500 feet of a lot in open space or conservation use or within the Scenic River Overlay District boundary.

(10) Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.

(11) Radio-frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio-frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio-frequency emissions standards to the Township Secretary on an annual basis. A small WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Township reserves the authority to revoke the permit of any small WCF generating radio-frequency emissions in excess of the standards and regulations of the FCC.

(12) Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way and related considerations.

(13) Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Township.

(14) Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Township.

(15) Design standards. All small WCFs in the Township shall comply with the requirements of the Township Small Wireless Communications Facility Design Manual, a copy of which is on file with Upper Allen Township.

(16) Co-location. An application for a new small WCF in the right-of-way shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-half-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(17) Relocation or removal of facilities. Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

(b) The operations of the Township or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

(18) Inspection by the Township. The Township reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law.

(19) Inspection and inspection reports. No later than the first day of December of each even- numbered year, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Township Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Township. No later than 30 calendar days upon completion of aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein.

(20) Reimbursement for right-of-way use. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Township's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Township. The owner of each small WCF shall pay an annual fee to the Township, in an amount as established from time to time by resolution of the Board of Commissioners, to compensate the Township for the Township's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

G. Regulations applicable to all wireless facilities.

(1) Township-controlled property. Nothing in § 245-14.16 shall be deemed to create any offer, right, or entitlement to use Township-controlled property for the construction or operation of tower-based WCFs, non-tower WCFs, small WCFs, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Upper Allen Township may be exempt from the requirements of § 245-14.16. The Board of Commissioners retains the right to require applicants to obtain site plan approval from the Planning Commission in accordance with the requirements of § 245-14.16. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Township-controlled property until a license or lease agreement authorizing such wireless facility has been approved by the Board of Commissioners.

(2) Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

(3) Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

(4) Revocation of zoning permit. Any zoning permit granted under § 245-14.16 may be revoked by the Board of Commissioners after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the conditional use authorization have been materially violated, the Board of Commissioners may revoke the zoning permit.

H. Insurance and indemnification of wireless facilities.

(1) Insurance. Each person that owns or operates a wireless communications facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:

(a) Each person that owns or operates a tower-based WCF shall provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

(b) Each person that owns or operates a non-tower WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(c) Each person that owns or operates a small WCF shall annually provide the Township with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.

(2) Indemnification. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCFs. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the Township in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCFs. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

I. Miscellaneous.

(1) Police powers. The Township, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Township under applicable federal, state and local laws and regulations.

(2) Severability. If any section, subsection, sentence, clause, phrase or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.

(3) Effective date. This section shall become effective immediately after enactment by the Board of Commissioners of Upper Allen Township.

§ 245-14.17 Confined livestock operations.

A. The parcel of contiguous land owned by the owner of a large livestock operation must be and remain at least 50 acres. In the event the parcel of contiguous land in common ownership consists of more than one "tract," as defined in this chapter, the owner must merge such tract by a recordable agreement with the Township, which will preclude the tract from being placed in separate ownership without Township subdivision approval.

(1) Irrespective of the provisions of this section, any large livestock operation in existence prior to the enactment of this chapter may not expand such operation without obtaining a conditional use approval from the Board of Commissioners of Upper Allen Township and shall be subject to the following limitations:

(a) The gross floor area of buildings housing such livestock may not be expanded to more than double the gross floor area housing such livestock.

(b) The number of equivalent animal units may not be more than doubled. For this purpose, both the number of animal equivalent units present on the property prior to the enactment of this chapter and the number permitted by this section shall be calculated by reference to Title 25, Chapter 83, subchapter D, Table A, referred to in the Pennsylvania Code (§ 83.212).

(2) Any building constructed after the date of the enactment of this chapter to house animals in a confined livestock operation must maintain the following setbacks:

(a) From a dwelling not owned by the owner of the confined livestock operation, a church, a building used in connection with a home occupation or small business, or other building occupied by human beings at least 10 hours a week: 500 feet.

(b) From a property line: 100 feet.

(c) Buildings housing animals shall not be located within the floodplain.

(d) From a well not owned by the owner of the confined livestock operation: 150 feet.

B. Irrespective of the setback requirements of this section, a new building to provide housing for animals may be located in the aforesaid setback area, provided:

(1) There was, prior to the enactment of this chapter, other building housing animals within the required setback area.

(2) The new building housing livestock will not project further into the required setback area than did the building in existence prior to the enactment of this chapter.

(3) The number of equivalent animal units on the parcel where the large livestock operation is or will be located, after construction of the proposed building, not be more than double the number that were present on such tract prior to the enactment of this chapter.

C. The owner of the confined livestock operation must establish and maintain an access to the large livestock operation so that all motor vehicles making a right turn (whether entering or leaving the property) can do so without first having to enter the left-hand side of the public highway. Such access is required only for motor vehicles going in one direction, with the direction of travel to be selected by the Township, provided such vehicles do not in fact travel in the other direction. In the event vehicles should travel in the other direction, the owner of the large livestock operation shall be required to alter the access so that vehicles will not be required to enter the left side of the public highway to complete the turn. In the event motor vehicles entering or leaving the large livestock operation by making a right turn in fact enter the left lane of the public highway, the owner of the operation shall revise the access so that motor vehicles entering or leaving the operation by making a right turn can do so without entering the left lane of the public highway.

(1) The confined livestock operation must establish and maintain compliance at all times with the requirements of the Pennsylvania Nutrient and Odor Management Act.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(2) The confined livestock operation must ensure dead animals, if disposed of on the property, are disposed of in strict accordance with the applicable standards of the Pennsylvania Department of Environmental Protection and until such disposition, irrespective of whether such disposition occurs on the property, are kept in airtight containers, if turkeys, chickens or piglets, and are kept in a manner so as to minimize the spread of odors and disease of larger animals.

(3) The owner of the property on which a building to house animals in a confined livestock operation is located shall remove such building within five years following the time such building ceases to be utilized to provide housing for livestock, unless prior thereto such owner attains a use or occupancy certificate from the Township to utilize such building for another purpose. Such a use or occupancy certificate shall not be granted to permit use of such building for storage purposes, unless:

(a) Such storage is of materials utilized in conjunction with the agricultural use of the property.

(b) At least 50% of the gross floor area of the building is utilized for such storage purposes.

(c) A property owner shall not obtain a use or occupancy certificate permitting a different use unless the owner has maintained the buildings so that windows are not out, substantial rust does not appear, and the building is in otherwise reasonably good condition. Following the issuance of such use or occupancy certificate, the building must be maintained in the same condition as at the time the certificate is issued.

§ 245-14.18 Continuing care retirement community.

A. The continuing care retirement community is designed primarily for persons aged 55 and over.

B. The following uses shall be permitted as principal uses within the continuing care retirement community.

(1) Residential uses:

(a) Long-term care nursing centers, in accordance with § 245-14.36.

(b) Personal care centers, in accordance with § 245-14.36.

(c) Single-family detached dwellings.

(d) Single-family semidetached dwellings.

(e) Single-family attached dwellings.

(f) Multifamily dwellings.

(2) Public uses:

(a) Public park, recreational areas and greenways.

(b) Public libraries and community activity buildings.

(c) Recreation areas and structures operated for the benefit or use of the community.

(3) Institutional uses. Churches and similar places of religious worship in accordance with § 245-14.51.

C. The following uses shall be permitted as accessory uses in the continuing care retirement community for the use of residents and guests:

(1) Accessory service uses:

(a) Adult and child day care.

(b) Dispensaries.

(c) Medical facilities.

(d) Common dining facilities.

(e) Group recreation facilities.

(2) Accessory commercial uses:

(a) Banks and financial institutions.

(b) Florists, stationery and gift stores.

(c) Food and beverage stores.

(d) Personal care services.

(e) Restaurants.

(f) Sporting goods, hobby, book, and music stores.

(3) Each accessory use shall be located in a building occupied by residential uses or in a community activities building.

(4) Each accessory commercial use shall not exceed 2,500 square feet of net floor area (for accessory commercial uses, net floor area as defined herein shall also exclude food preparation areas and lavatories).

(a) The total area reserved of commercial accessory uses shall not exceed 4% of the total land area, including buildings, sidewalks, open space, access drives and parking, and no more than 25,000 square feet, whichever is less.

(b) Five parking spaces per net floor area shall be provided for each accessory commercial use in addition to other required parking for the facility.

D. Continuing care retirement communities in the R-3 and INS Zones shall meet the following area, density, coverage and yard requirements:

(1) Minimum development area shall be 10 acres.

(2) Maximum density for residential units shall be 18 units per acre.

(3) Maximum impervious lot coverage shall be 60%.

(4) Minimum vegetative coverage shall be 40%.

(5) Yards shall meet the following minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yards: 30 feet.

(c) Rear yard: 30 feet.

(6) More than one building on a single lot shall meet the following minimum interior yard spacing requirements:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(7) The minimum habitable floor area for residential units shall be in accordance with § 245-16.7 herein. For those facilities regulated by Pennsylvania statute, commonwealth rules and regulations shall take precedence over Township regulations.

E. Continuing care retirement communities shall be permitted as a conditional use in the R-2 Zone and shall, in addition to the general conditional use standards and criteria set forth in § 245-19.14, also meet the following requirements:

(1) Minimum development area shall be eight acres.

(2) Maximum density for residential units shall be 18 units per acre.

(3) Maximum impervious lot coverage shall be 45%, and not more than 30% of the lot shall be occupied by buildings.

(4) Minimum vegetative coverage shall be 55%.

(5) Yards shall meet the following minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yards: 50 feet.

(c) Rear yard: 50 feet.

(6) More than one building on a single lot shall meet the following minimum interior yard spacing requirements:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(7) The minimum habitable floor area for residential units shall be in accordance with § 245-16.7, herein; for those facilities regulated by Pennsylvania statute, the commonwealth rules and regulations shall take precedent over Township regulations.

(8) Continuing care retirement communities shall only be permitted as a conditional use in the R-2 Zoning District when the tract upon which the continuing care retirement community to be constructed is located within 100 feet of an R-3 Zoning District.

(9) The exterior materials of all proposed structures shall be architecturally compatible with the residential dwellings located upon adjacent properties.

(10) The Board of Commissioners of Upper Allen Township may require an applicant for the conditional use to complete a traffic study to demonstrate compliance with the criteria set forth in § 245-19.14.C.

F. Staging of development. When the continuing care retirement community is to be developed in stages, the following criteria must be met:

(1) The land development plan presented to the Township must show the approximate location and type of use for each stage of the development.

(2) If nonresidential uses will be a part of the development, the sequencing shall be shown so that not all residential development is constructed prior to the construction of the nonresidential development, unless the development involves an existing continuing care retirement community that already includes existing nonresidential components, in which case the staging requirement would not apply.

G. Public water and public sewer shall be required.

H. A landscaping plan for the entire tract shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use, arrangement of plant materials and installation by the developer. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants.

(1) The plan shall indicate the extent in which existing vegetation will be preserved for landscaping purposes.

(2) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(3) Landscaped areas shall be continually maintained by the landowner or retirement community association. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(4) In addition to landscape elements, the plan shall include the layout of walkways, lighting in accordance with the Upper Allen Township Subdivision and Land Development Ordinance and recreation areas throughout the development for the safety and security of the residents.

(a) Entrances to dwelling units shall be provided with all-weather walkways to parking and refuse collection points, if applicable.

(b) The development shall have shaded sidewalks or shaded paved walking paths throughout the development.

(c) The layout and design of pedestrian-level streetlighting shall be provided throughout the development and parking areas.

(5) Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself, and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

(6) Buffers shall be in accordance with § 245-16.5 herein.

I. The continuing care retirement community shall provide proof that all applicable state, county and Township licenses have been obtained.

§ 245-14.18.5 Contractor's offices, shops and yards.

[Added 7-16-2025 by Ord. No. 846]

A. The use shall front on and gain direct access to a community arterial (minor arterial highway) or a community or neighborhood collector roadway (collector highway), as designated by the terms of this Zoning Ordinance and in the Upper Allen Township Comprehensive Plan, as amended.

B. In the Highway Commercial District, no outdoor storage or outdoor parking of heavy vehicles and equipment is permitted. A contractor’s office, shop, and all associated operations and activities, including any yards, the storage of materials and company vehicles, must be contained within a building or parking structure.

C. In the Industrial District, outdoor storage of materials and equipment stored on site is subject to the following conditions:

(1) Must not be located in front of any principal building and in any front yard, nor any yard adjacent to any residential zoning district or residential property; and

(2) Must be contained within an area enclosed by a solid fence or wall not less than six feet in height.

D. Under no circumstances shall access to the site be through an existing or planned residential neighborhood.

E. The applicant shall furnish a traffic study prepared by a professional traffic engineer and prepared in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] The traffic study shall be made part of a subdivision and/or land development plan application. The traffic study shall include, at a minimum, the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

(2) Specific documentation of anticipated traffic volume, including data collected at locally comparable sites.

[1] Editor’s Note: See Ch. 220, Subdivision and Land Development.

§ 245-14.19 Convenience stores with or without gas dispensing; gasoline service stations.

[Amended 3-5-2025 by Ord. No. 844]

A. The minimum lot size shall conform to the lot size of the zoning district in which the use is located.

B. All height, setback and coverage standards shall be in accordance with the zoning district in which the use is located.

C. A site circulation plan shall be provided that depicts the separation of fueling service areas and convenience store areas. The plan shall show the location and dimensions of all structures, fuel pumps and location of the tank field; the location and dimensions of parking, landscaping areas and signage; and the description of internal circulation and access, in accordance with the standards herein.

D. Driveway locations shall be in accordance with Article XVII of this chapter. Minimum setback for access drives shall meet the following standards:

(1) From the intersection of street right-of-way lines: 40 feet;

(2) From the side lot line: 10 feet;

(3) Minimum width of access drive: 12 feet;

(4) Maximum width of access drive: 35 feet;

(5) Minimum separation of drives on same lot: 25 feet.

E. Minimum setbacks from street right-of-way lines for structures and/or buildings shall be in accordance with the following dimensional characteristics:

(1) Pumps: 40 feet.

(2) Building: 50 feet.

(3) Canopies: 55 feet.

F. Motor vehicles shall not be permitted to be parked on sidewalk areas.

G. Minimum setback of fuel pumps from parking areas shall be 20 feet.

H. Outdoor display. All merchandise, except oil racks, shall be displayed within a building. Vending machines shall be maintained in a semi-enclosed structure or within the building.

I. Outdoor lighting shall be in accordance with §§ 245-16.10 and 245-17.8.

J. All uses involving drive-through service shall provide on-site stacking lanes for at least five cars to prevent vehicle backups on adjoining roads, in accordance with § 245-14.21.

K. Fuel delivery shall not impede traffic-flow patterns.

L. A traffic study is required to demonstrate safe access and control of traffic into and out of the facility. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

M. No gasoline service station nor any fuel pumps shall be located within 300 feet of any public/nonpublic school property, nor any school-related buildings and outdoor areas where students may congregate (including but not limited to athletic fields, walking paths, bus and vehicle parking areas, pick-up/drop-off areas, etc.).

§ 245-14.20 Conversion apartments.

A. Plans for alterations shall be in accordance with the Upper Allen Township Building Code[1] and shall be approved, in writing, by the Zoning Officer before presentation to the Zoning Hearing Board and/or the Board of Commissioners of Upper Allen Township.

[1] Editor's Note: See Ch. 112.

B. No outside alterations to the building shall be permitted except those required by fire protection regulations.

C. No more than two dwelling units shall be added.

D. The conversion apartments shall meet the minimum habitable floor area requirements of § 245-16.7 in this chapter.

E. A common principal entrance shall be maintained unless there is more than one principal entrance in existence at the time alterations are made.

§ 245-14.21 Drive-in facilities for permitted uses.

[Amended 3-5-2025 by Ord. No. 844]

A. Ingress and egress standards shall meet the requirements of the Township Subdivision and Land Development Ordinance along with the following criteria:

(1) The minimum distance of any driveway to property line shall be 10 feet.

(2) The minimum distance between driveways on the site shall be 65 feet, measured from the two closest driveway curbs.

(3) The minimum distance of a driveway into the site from a street intersection shall be 60 feet, measured from the intersection of the street right-of-way to the nearest end of the curb radius.

(4) The angle of driveway intersection with the street shall be based upon safe traffic movements and shall be approved by the Township Engineer or his/her designee.

(5) Drive-in facilities adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

B. All drive-in-facility buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area.

C. Outdoor lighting; see § 245-16.10.

D. All drive-through windows shall be separated from the parking lot’s interior driveways and have stacking lanes of at least 100 feet in length for professional offices, pharmacies and financial institutions and 160 feet for fast-food businesses, restaurants, and convenience stores..

E. Outside speakers shall not be audible from any residential area.

F. All automated teller machines shall be located so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines in accordance with Subsection D above.

G. A traffic study is required to demonstrate safe access and control of traffic into and out of the facility. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

§ 245-14.22 Emergency medical treatment facilities.

A. Minimum lot area: 20,000 square feet.

B. Public sewer and public water shall be used.

C. All height, area, setback and coverage standards within the underlying district shall apply.

D. Emergency entrances, service bays, and garage doors shall be located on a building wall facing away from adjoining residential uses and residential districts.

E. A traffic study is required to demonstrate safe access and control of traffic into and out of the facility. The traffic study shall include, at a minimum, the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

F. The applicant shall demonstrate proof of an approved means of disposal of all solid, medical and hazardous wastes.

§ 245-14.23 Farmers markets.

A. Setbacks.

(1) Outdoor farmers market structures, including display stands, booths, tables, and stalls, shall comply with the accessory building setbacks in the district in which they are located unless a more restrictive setback is required by this section.

(2) Outdoor farmers market structures, including display stands, booths, tables, and stalls, shall be set back 25 feet from adjacent residential property lines and zoning districts.

(3) Structures shall be set back at least 10 feet from a street right-of-way and shall not be situated such that it interferes with any clear sight triangle.

B. Area/coverage.

(1) The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and or outdoor areas as listed in Subsection A above.

(2) Farmers markets in the Agricultural and Low-Density Residential Districts shall have no more than 10 vendors or a retail sales area of no greater than 1,500 square feet.

C. Height.

(1) Outdoor farmers market structures shall be in conformance with building height regulations for principal structures of the zoning district in which it is located.

D. Parking.

(1) Off-street parking and access requirements shall be provided in accordance with Article XVII, Off-Street Parking and Loading, of this chapter.

(2) In the event that a farmers market is located on a property that has a principal use with days or hours of operation that does not overlap with the days or hours of operation of a farmers market, any parking spaces serving the principal use may be counted toward the required number of parking spaces for a farmers market. In the event that a farmers market is located on a property that has a principal use with hours of operation that overlap with the hours of operation of a farmers market, shared parking may be permitted only if the applicant can demonstrate that the parking provided will be sufficient for each use.

(3) No vehicles shall block access to neighboring properties or traffic flow while unloading and loading material.

E. Hours of operation.

(1) Hours of operation, including setup and removal of all displays and products, for outdoor farmers market shall be limited to the hours between sunrise and sunset.

F. Market operations.

(1) All farmers market shall have a market manager authorized to direct the operations of all vendors participating during all hours of operation.

(2) All farmers market shall have an established set of operating rules addressing the governance structure of the farmers market, hours of operation, maintenance and security requirements and responsibilities, and appointment of a market manager.

(3) At least 75% of the products for sale shall be farm products or value-added farm products. At least 75% of the vendors regularly participating during the market's hours of operation shall be producers, or family members or employees of producers.

(4) Exterior public address systems for outdoor farmers markets shall be arranged and designed so as to prevent objectionable impact on neighboring properties.

(5) All temporary structures used for outdoor farmers market shall be removed on the same day of operation. In the event that an outdoor farmers market will operate for two or more consecutive days on a property, temporary structures shall be removed after operations or stored in a building on site.

(6) All applications shall include a plan for the cleanup of litter. Exterior trash receptacles shall be provided for all outdoor farmers market. All trash generated from a farmers market shall be disposed of immediately following the closing of the operation.

(7) An outdoor farmers market cannot obstruct a sidewalk or path that is part of a pedestrian or bicycle transportation system.

(8) All farmers markets and their vendors shall receive all required operating and health permits and licenses from the Pennsylvania Department of Agriculture or local health department. These permits/licenses (or copies) shall be in the possession of the farmers market manager or the vendor, as applicable, on the site of the farmers market during all hours of operation.

(9) A site plan shall be submitted with the permit application showing all existing improvements on the property, number and location of off-street parking areas and driveways (including traffic control patterns), locations used for unloading and loading of products, and the specific area (dimensioned) of the property to be occupied by the farmers market.

§ 245-14.24 Golf courses.

Golf courses, including accessory uses (e.g., clubhouse, parking lots, storage sheds, pro shop, snack bar, restaurant, swimming pools, etc.), are subject to the following criteria:

A. The minimum lot area shall be not less than: 45 acres for a par 3, 18-hole course; 60 acres for a nine-hole or executive golf course; and 100 acres for a regulation 18-hole course.

B. A golf course may include the following accessory uses:

(1) A clubhouse with a pro shop, offices, restaurant/snack bar, game room, and child-care room.

(2) Golf cart maintenance and equipment storage and service facilities. No outdoor maintenance or storage of golf carts shall be permitted.

(3) Practice putting greens and driving range, without outdoor lighting.

C. The construction of a golf course shall be considered a "development" and subject to all appropriate requirements of the Township Zoning Ordinance and Subdivision and Land Development Ordinance.

D. All applicants shall submit plans to the Township Engineer or his/her designee and Cumberland County Conservation District at least 30 days before the public hearing. In addition to requirements of the Upper Allen Township Subdivision and Land Development Ordinance, the plans shall include the following information:

(1) Earth-moving and erosion-control management;

(2) Runoff controls for herbicides, pesticides, fungicides, and fertilizer, and plans for disposal of the containers for those items;

(3) Water use plan, including emergency condition usage;

(4) Wastewater treatment and disposal plan;

(5) Traffic study. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] The traffic study shall include, at a minimum, the following study elements:

(a) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(b) Traffic generation impact on adjacent roadway systems within 1/2 mile from the edge of the facility.

[1] Editor's Note: See Ch. 220.

(6) Mosquito control; and

(7) Nutrient plan to ensure no excess nitrates, herbicides, pesticides, fungicides or other fertilizer is used; when alternatives that are less potentially harmful to the environment are available, they shall be used.

E. No golf hole shall be arranged to require a golf ball to be driven across any building, road, driveway or parking lot.

F. Any points when the golf course crosses a road(s), driveway or parking lot shall be signed, warning motorists and pedestrians, and any private road shall contain speed bumps.

G. In addition to the setback regulations of the district in which the use is located, the following setback regulations shall be required.

(1) Fairways and greens shall be set back a minimum of:

(a) One hundred and fifty feet from any residential structures. For undeveloped residential lots abutting the golf course, the one-hundred-fifty-foot setback shall be measured from the closest setback line of the abutting property and common property line.

(b) Fifty feet from any nonresidential lot line of an abutting property or the existing street right-of-way line.

(2) All accessory uses of the golf course shall be set back at least 100 feet from all lot lines.

(3) All golf course buildings shall be set back 100 feet from any adjoining roads and parcels.

(4) Parking shall be set back at least 30 feet from any adjoining lot lines, be paved with asphalt, and screened from adjoining residentially zoned or used property in accordance with buffer yard type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance[2] and Article XVII of this chapter. The number of required parking spaces shall be the amount required for the golf course plus accessory uses.

[2] Editor's Note: See Ch. 220.

§ 245-14.25 Group child-care homes, family child-care homes, child-care centers and older adult living centers.

[Amended 10-4-2023 by Ord. No. 828]

A. Facility operators shall be responsible for meeting all state and federal licensing and registration requirements and shall provide proof of compliance with Title 55, Chapters 20, 3270, 3280, and 3290 of Title 55, Human Services, of the Pennsylvania Code, and the Pennsylvania Department of Aging, Pennsylvania Code, Title 6, Chapter 11, as revised or amended.

B. Family child-care homes. The following additional standards shall apply for family child-care homes:

(1) The use shall be conducted only by the residents within a detached, semidetached, or attached single-family dwelling in which the use is situated. Not more than one nonresident employee shall be permitted. One additional off-street parking space shall be provided for any nonresident employee.

(2) The applicant shall demonstrate that the current lease or homeowner's covenant contains no clause which prohibits the proposed use.

(3) Dropoff area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for a dropoff area and the proposed use fronts an arterial or collector roadway, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where an existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the dimensional standards of an off-street parking space.

(4) An outdoor play area shall be provided in accordance with state regulations.

C. Group child-care homes. The following additional standards shall apply for group child-care homes:

(1) When the accessory day care use is to be operated within a residential use, the following shall apply:

(a) The use shall be conducted only by the residents within a detached single-family dwelling in which the use is situated.

(b) One additional off-street parking space shall be provided for each nonresident employee above that required for the residential use.

(c) Dropoff area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for a dropoff area and the proposed use fronts an arterial or collector roadway, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where an existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the dimensional standards of an off-street parking space.

(d) An outdoor play area shall be provided in accordance with state regulations.

(2) When the accessory day care use is to be operated within a nonresidential use, the following shall apply:

(a) The use shall be located at and shall be accessory to a legally established house of worship, a public or nonpublic school, or a place of employment. Such buildings shall obtain a Pennsylvania Department of Labor and Industry occupancy permit.

(b) Off-street parking shall be provided in accordance with Article XVII, § 245-17.2, for child-care centers or adult living centers.

(c) Dropoff area. The facility shall provide for safe off-street pickup and dropoff points in order to minimize traffic congestion. Vehicles shall enter and exit from the pickup and dropoff points at least 60 feet from any intersection. The passenger pickup and dropoff points shall be arranged so that the passengers do not have to cross traffic.

(d) An outdoor play area shall be provided in accordance with state regulations. Adult passive recreation areas may be provided for older adult daily living centers. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. However, when a written agreement is provided by adjoining property owners, the setback may be reduced to 15 feet in the side and rear yards. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence that shall screen the area from adjoining residentially zoned or used properties. All outdoor play areas must provide a means of shade such as a shade tree(s) or pavilion(s).

(3) The applicant shall demonstrate that the current lease or homeowner's covenant contains no clause which prohibits the proposed use.

(4) Distance between facilities. In order to avoid a concentration of individual group child-care homes in residential neighborhoods, group child-care homes located on properties within an agricultural or residential zoning district shall be located a minimum of 300 feet from each other as measured from the respective property lines. The dispersion requirement shall not apply in cases where a proposed group child-care home is located within 300 feet of a school facility or place of worship which provides child care services. No minimum distance requirement applies for properties located within other zoning districts.

D. Child-care centers or older adult living centers. The following additional standards shall apply for child-care centers or older adult living centers:

(1) Off-street parking shall be provided in accordance with Article XVII.

(2) Dropoff/pickup area location and design. The child-care center shall provide safe off-street dropoff and pickup points in order to minimize traffic congestion. Vehicles shall enter and exit from the dropoff/pickup points at least 60 feet from any intersection. Whenever possible, the dropoff/pickup area shall be located immediately adjacent to the facility. The dropoff/pickup area should be designed in such a way that pedestrians do not cross vehicular travel lanes in any parking area or driveway. The dropoff/pickup area may be designed either as a part of the on-site parking area or the required dropoff/pickup spaces may be designed as part of the driveway providing direct access to the child-care facility. When the dropoff/pickup area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff/pickup spaces. When the dropoff/pickup area is incorporated into a driveway, the dropoff/pickup area shall be at least 12 feet in width in addition to the width of the driveway, exclusive of the driveway through traffic lane(s).

E. Indoor and outdoor play areas shall be provided in accordance with state regulations and the following local requirements. Adult passive recreation areas may be provided for older adult daily living centers. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. However, when a written agreement is provided by adjoining property owners, the setback may be reduced to 15 feet in the side and rear yards. Outdoor play areas shall be completely enclosed by a four-foot-high fence and screened from adjoining residentially zoned or used properties. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

§ 245-14.26 Group homes and family care facilities.

A. Group homes and family care facilities shall meet the following purposes:

(1) To develop reasonable guidelines so as not to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap, as provided by the Fair Housing Act.[1]

[1] Editor's Note: See 42 U.S.C. § 3601 et seq.

(2) To reasonably regulate family care facilities that are recognized as socially important but are not afforded the same protection as group homes, under the Fair Housing Act and this chapter.

(3) To promote the safety, health, morals, convenience and general welfare of Upper Allen Township residents.

(4) To encourage the most appropriate use of land throughout the Township.

(5) To conserve and stabilize the value of property in the Township.

(6) To prevent the overcrowding of land and building in the Township.

(7) To secure safety from fire, panic and other dangers.

B. Group homes. A group home, as defined by this chapter, is permitted in all zoning districts in Upper Allen Township except in districts where dwellings are not permitted. To assist the Township in its review process, the following information shall be provided to the Upper Allen Township Zoning Officer prior to the issuance of a building permit:

(1) In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.

(2) A statement that all required approvals, permits and licenses have been granted from the federal, state, and county governments or other public agencies.

(3) The group home shall comply with all zoning regulations in the district in which the group home is located.

(4) All other information that is required by the Upper Allen Township Building Department prior to issuing a building permit shall also be provided to the Township.

(5) The group home shall maintain a similar appearance, condition and character to the existing dwellings in the immediate vicinity of the group home.

(6) Occupants of the group home facilities shall live as a family unit.

(7) Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a group home.

C. Family care facilities. To assist the Township in its review process, the following information shall be provided to the Upper Allen Township Zoning Officer prior to the issuance of a building permit.

(1) In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.

(2) A statement and verification that all required approvals, permits and/or licenses have been granted from the federal, state, and county governments or other public agencies.

(3) The family care facility shall comply with all zoning regulations in the district in which the family care facility is located.

(4) All other information that is required by the Upper Allen Township Building Department prior to issuing a building permit shall also be provided to the Township.

(5) No family care facility shall be established within 1,000 feet of another family care facility or a group home.

(6) The family care facility shall maintain a similar appearance, condition and character to the existing dwellings in the immediate vicinity of the family care facility.

(7) Occupants of the family care facilities shall live as a family unit.

(8) Under no circumstances shall any uses qualifying for or falling under the definition of "halfway house" be considered a family care facility.

§ 245-14.27 Group quarters.

Group quarters. Group quarters include, but are not limited to, lodging houses or boardinghouses, fraternity and sorority houses, and quarters of an institutional nature.

A. Any group quarters shall have a minimum of 350 square feet of habitable floor area provided for each occupant.

B. A common kitchen and dining facility shall be provided, and no cooking or dining facilities shall be provided in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if the affiliated institution provides them elsewhere.

C. All group quarters shall be connected to public water and public sanitary sewage facilities.

D. All group quarters shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry, and all other applicable building, safety, and fire codes of the federal, state, or local government.

§ 245-14.28 Halfway houses.

A. A halfway house must be licensed where required by an appropriate government agency(ies) and shall be in compliance with all applicable rules and regulations of the licensing body(ies). A copy of any required license must be delivered to the Township prior to beginning the use.

B. A halfway house shall be directly affiliated with a parent institution or organization, which shall provide full-time supervision and administration to the residents of the house.

C. A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.

D. The residents of the halfway house shall reside on the premises to benefit from the services provided.

E. Necessary permits for water supply and sanitary waste disposal must be obtained.

F. The halfway house shall not be located within 1,000 feet of any religious structure, public recreation facility, school facility, day-care center or public library.

G. The halfway house shall not be located with 1,000 feet of another halfway house.

H. Each special exception application shall be accompanied by a statement describing the following:

(1) The composition of the halfway house;

(2) The policies and goals of the halfway house and the means proposed to accomplish those goals;

(3) The characteristics of the residents and number of residents to be served;

(4) The operating methods and procedures to be used; and

(5) Any other facts relevant to the proposed operation of the halfway house.

I. Any use permit granted for the halfway house shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new hearing before the decision-making body.

§ 245-14.29 Honeybee apiaries.

A. Honeybee apiaries for noncommercial purposes shall be permitted as an accessory use in certain zoning districts for residential or agricultural lots with a single-family detached dwelling.

B. Honeybee apiaries, where permitted as an accessory use, shall comply with the Pennsylvania Bee Law (3 Pa. C.S.A. §§ 2101 to 2117), and subject to the following regulations:

(1) Best management practices. Beekeeping facilities must be consistent with the Pennsylvania Department of Agriculture "Best Management Practices for Maintaining European Honey Bee colonies in the Commonwealth of Pennsylvania."

(2) Registration. The apiary must be properly registered with the Pennsylvania Department of Agriculture, Bureau of Plant Industry, pursuant to applicable Pennsylvania state laws.

(3) Ownership and care. Ownership, care and control of the honeybee shall be the responsibility of a resident of the dwelling on the lot or the individual listed on the registration.

C. Colony density. One hive is permitted for every 4,000 square feet of lot area, with a maximum of three hives that may be kept on a lot.

D. Location.

(1) No apiary shall be kept in a front yard.

(2) Apiaries must be located a minimum of 25 feet from any lot line.

(3) The front of any apiary shall face away from the property line of the residential property or residential zone closest to the hive.

E. Flyway barriers. For all colonies located on a property, a flyway barrier of at least six feet in height consisting of a solid wall, fence or dense hedge parallel to the property line and extending at least 10 feet beyond the apiary in each direction is required.

F. Water. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

G. Safety.

(1) In any instance in which a hive exhibits unusually aggressive characteristics it shall be the duty of the beekeeper to destroy or requeen the hive.

(2) Hives must be located within a secured area to protect the colony and prevent direct access by the public.

(3) Hive type. No person shall keep or maintain honeybees in any hive other than a modern moveable frame hive which permits thorough examination of every comb to determine the presence of bee disease.

H. Signage. Signage shall be posted at a residential location where beekeeping occurs.

§ 245-14.30 Hospitals and medical labs and clinics.

A. The facility operator shall meet all state and federal rules and regulations for health-care facilities.

B. All applicants shall provide evidence that the hospital will be conducted in a manner that will not be detrimental to neighboring property owners.

C. Minimum lot area: five acres.

D. Minimum street frontage: 300 feet.

E. Public sewer and public water shall be used.

F. The subject property shall have frontage along an arterial or collector roadway or have direct access to an arterial roadway via a collector or local street that intersects with an arterial roadway within one-half mile of such facility.

G. All height, area, setback and coverage standards within the underlying district shall apply.

H. Emergency entrances shall be located on a building wall facing away from adjoining residential uses and residentially zoned properties.

I. A traffic study is required. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle, and shaded area.

[1] Editor's Note: See Ch. 220.

J. The institution shall submit a copy of its emergency operations plan (EOP) to the Township Emergency Management Agency Coordinator. The EOP shall include detailed information regarding solid, medical and hazardous materials and waste handling, including a listing of all medical and hazardous materials and wastes used and generated on site and evidence indicating the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.

§ 245-14.31 Junkyards.

A. Minimum lot area shall be five acres.

B. All junkyards shall meet the requirements of Chapter 160, Junk and Junkyards, of the Upper Allen Township Codified Ordinances.

§ 245-14.32 Keeping of animals and animal structures.

A. The keeping or raising of livestock, horses, or fur-bearing animals shall be limited to lots of at least five acres in area. Lots of five acres shall be limited to two head of livestock or horses. Lot sizes ranging from six acres to 10 acres shall allow two additional head of livestock or horses per acre.

B. The keeping or raising of chickens or poultry shall be subject to the provisions within § 245-14.33 herein.

C. Livestock shall be considered those animals commonly raised on farms in this area, such as: cows, sheep, goats and pigs.

D. Any building used for the keeping or raising of livestock, horses, fur-bearing animals shall be situated not less than 200 feet from any street line or residential property line. Not more than 3% of the total lot area shall be impervious surfaces.

E. Riding academies, livery or boarding stables, commercial dog kennels are not included in this provision.

F. All buildings associated with this use, i.e., barns, sheds and silos, shall be permitted.

G. Where this use adjoins existing residential uses, buffering in accordance with § 245-16.5 of this chapter shall be provided.

H. All grazing or pasture areas shall be fenced to prevent livestock from roaming. Barbed, bob, woven, cable or mesh wire fencing is permitted, subject to all other provisions in § 245-16.3 herein.

[Amended 10-7-2020 by Ord. No. 797]

I. All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and § 245-16.3 herein.

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

§ 245-14.33 Keeping of chickens or poultry.

A. The keeping or raising of chickens or poultry for noncommercial purposes shall be permitted as an accessory use for residential or agricultural lots with a single-family detached dwelling. The keeping or raising of chickens or poultry for commercial purposes shall be subject to the provisions within § 245-16.5 of this chapter.

B. The keeping of chickens or poultry shall be limited to three fowl per every one acre of land for residential or agricultural lots of less than five acres in size. Lots of five acres shall be limited to 50 fowl. Lot sizes ranging from six to 10 acres shall allow 50 fowl per acre.

C. Keeping of roosters is prohibited on lots of less than five acres.

D. All fowl shall be provided with a stationary, covered, predator-proof cage or other shelter, designed to be easily accessed and cleaned. The minimum coop size shall provide at least three square feet per chicken in order to permit free movement of the chickens, exclusive of areas used for storage of materials or vehicles. Coops shall have vents to ensure adequate ventilation. If an outside run is permitted, it shall allow for a minimum of 10 square feet per fowl and shall be enclosed in a way that contains the fowl and is predator proof.

E. Coops shall be maintained of hen droppings, uneaten feed, feathers and other waste weekly and as is necessary to ensure that the coop and yard do not become a health, odor or other nuisance.

F. Coops shall be constructed as to prevent rodents from being harbored underneath or within the enclosure.

G. Feces and deceased fowl shall be disposed of in a legal manner that does not become a nuisance to adjoining properties.

H. Any building used for the keeping or raising of poultry may be erected, set or placed inside rear or side yards, provided that:

(1) For lots less than five acres in size, the accessory structure shall be situated not less than five feet from the lot line and no less than 25 feet from any residential or nonresidential structure on an adjacent lot.

(2) For lots of five acres or more, the accessory structure shall be situated not less than 200 feet from any street line or property line.

(3) All accessory buildings or structures shall be included in the lot coverage.

I. All grazing or pasture areas shall be fenced to prevent the poultry from roaming.

J. All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and § 245-16.3 herein.

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

K. In the event any chickens or fowl give birth, thereby exceeding the number of animals allowed by the maximum set forth in this subsection, the owner of said chickens or fowl and/or the occupier of the premises shall conform to the maximum number permitted for the lot within six months of the birth of the animal.

§ 245-14.34 Keeping of exotic wildlife.

A. All exotic wildlife shall be properly caged or restricted to prevent harm to residents of the Township.

B. Anyone in possession of exotic wildlife must possess an exotic wildlife possession permit issued by the Pennsylvania Game Commission under the guidelines of the Game and Wildlife Code, 34 Pa.C.S.A. § 2963.

C. No manure shall be stored within 200 feet of any property line.

D. All manure management practices and operations shall comply with the provisions set forth in the Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq., as amended, and § 245-16.3 herein.

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

§ 245-14.35 Landscaping and garden service, nonretail/retail.

A. No vehicle, material, or display of goods shall occupy any part of the existing or future street right-of-way, front yard, required parking area, or required buffer area.

B. Pickup and receiving (loading and unloading) areas shall be located behind the front face of the building and otherwise compliant with setback and screening requirements of the underlying zoning district. All pickup and receiving areas shall contain an all-weather, dust free surface.

C. Outdoor storage of products and material is permitted as part of a nonretail or retail landscaping and garden service; however, these areas shall be screened from view by a six-foot high privacy fence or a hedge row during off business hours.

D. The entire lot shall be screened from adjoining residentially zoned properties as provided by § 245-16.5 of this chapter and the Upper Allen Township Subdivision and Land Development Ordinance.

§ 245-14.36 Long-term-care nursing and personal care facilities.

A. In addition to residential units (living and sleeping quarters with or without kitchen facilities), the following accessory uses may be provided for the exclusive use of residents and their guests. These special services may include, but are not limited to, the following services:

(1) Dispensaries.

(2) Medical facilities.

(3) Common dining facilities.

(4) Group recreation facilities.

B. In addition to residential units, the following accessory commercial uses shall be permitted.

(1) Adult and child day care.

(2) Banks and financial institutions.

(3) Florists, stationery and gift stores.

(4) Food and beverage stores.

(5) Personal care services.

(6) Restaurants.

(7) Sporting goods, hobby, book, and music stores.

C. Each accessory use shall be located in a building occupied by residential units.

D. Each accessory structure shall not occupy more than 2,500 square feet of net floor area (excluding food preparation areas and lavatories).

E. The total space allotted for accessory commercial uses within a single building shall not exceed 10% of the total gross building area.

F. The maximum density for residential units in the R-3 and INS Zoning Districts shall be 20 units per acre and in the R-2 Zoning District shall be 18 units per acre.

G. Long-term-care nursing and personal care facilities in the R-3 and INS Zoning Districts shall meet the following bulk and area requirements:

(1) Minimum tract area shall be eight acres.

(2) Yards shall meet the following minimum setback requirements:

(a) Front yard: 30 feet.

(b) Side yards: 15 feet.

(c) Rear yard: 30 feet.

(3) Buildings on a single tract shall meet the following minimum interior yard spacing requirements:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(4) Maximum impervious lot coverage shall be 60%.

(5) Minimum vegetative coverage shall be 40%.

H. Long-term-care nursing and personal care facilities shall be permitted as a conditional use in the R-2 Zoning District and shall, in addition to the general conditional use standards and criteria set forth in § 245-19.14, also meet the following requirements:

(1) Minimum tract area shall be eight acres.

(2) Yards shall meet the following minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(3) Buildings on a single tract shall meet the following minimum interior yard spacing requirements:

(a) Front to front: 70 feet.

(b) Front to side: 50 feet.

(c) Front to rear: 40 feet.

(d) Side to rear: 20 feet.

(e) Side to side: 15 feet.

(f) Rear to rear: 30 feet.

(g) Corner to corner: 20 feet.

(4) Maximum impervious lot coverage shall be 45%.

(5) Minimum vegetative coverage shall be 55%.

(6) Long-term-care nursing and personal care facilities shall only be permitted as a conditional use in the R-2 Zoning District when the tract upon which the long-term-care nursing or personal care facility is located is within 100 feet of an R-3 Zoning District.

(7) The exterior materials of all proposed structures shall be architecturally compatible with the residential dwellings located upon adjacent properties.

(8) The Board of Commissioners of Upper Allen Township may require an applicant for the conditional use to complete a traffic study to demonstrate compliance with the criteria set forth in § 245-19.14.C.

I. Public water and public sewer shall be required.

J. A landscaping plan for the entire tract shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use, arrangement of plant materials and installation by the developer. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants.

(1) The plan shall indicate the extent in which existing vegetation will be preserved for landscaping purposes.

(2) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(3) Landscaped areas shall be continually maintained by the landowner or home operator. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(4) In addition to landscape elements, the plan shall include the layout of walkways, lighting in accordance with the Upper Allen Township Subdivision and Land Development Ordinance[2] and recreation areas throughout the development for the safety and security of the residents.

(a) Entrances to dwelling units shall be provided with all-weather walkways to parking and refuse collection points, if applicable.

(b) The development shall have shaded sidewalks or shaded paved walking paths throughout the development.

(c) The layout and design of pedestrian-level streetlighting shall be provided throughout the development and parking areas.

[2] Editor's Note: See Ch. 220.

(5) Parking areas within the continuing care retirement community shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

(6) Buffers shall be in accordance with § 245-16.5 herein.

K. The facility shall provide proof that all applicable state, county and Township licenses have been obtained.

§ 245-14.37 Laundry and dry-cleaning establishments.

[Amended 3-5-2025 by Ord. No. 844]

A. Laundry and dry-cleaning establishments shall be intended for personal use only.

(1) In the C-1, C-2, and Village Districts, only self-service laundry and dry-cleaning establishments are permitted.

B. Public sewer and public water shall be required.

C. All activities shall be conducted within a completely enclosed building.

D. Dry-cleaning services shall be limited to pickup and dropoff only, with no on-site dry cleaning permitted in the C-1, C-2, and Village Districts.

E. Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned or used property.

F. Self-service laundromats shall require one off-street parking space for each 1.5 washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

G. During operation or cleanup or maintenance, all windows and doors on walls facing adjoining residential zones or uses shall be kept closed.

H. The decision-making body may require a traffic study in accordance with the Township Subdivision and Land Development Ordinance.

§ 245-14.38 Mini storage warehouses.

A. Parking for the individual storage units shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 20 feet wide where access to storage units is on both sides of the aisle and based on review by the Township Fire Chief.

B. If a manager/business office is established on the site, at least four parking spaces must be provided adjacent to the office.

C. The servicing or repair of stored equipment shall not be conducted on the premises. Also, no business activities, other than rental of storage units, shall be conducted on the premises.

D. The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.

E. If a parking area is to be provided for the outdoor storage of recreational vehicles, such parking shall be in addition to any required parking.

F. All access drives, parking and loading areas must be paved and shall be mud free.

§ 245-14.39 Mixed uses.

A. The mixed use shall consist only of combinations of uses permitted in the district where the mixed use is to occur. Uses may be mixed both on the horizontal and vertical plane.

B. The required off-street parking shall be equal to no less than the sum of the off-street parking required for each of the mixed uses.

§ 245-14.40 Mobile/manufactured home parks.

A. A mobile home park shall only include mobile homes of single width or multiple widths but shall not include travel trailers or motor homes.

B. The tract of land to be developed for a mobile home park shall be in single and separate ownership.

C. Any parcel to be used as a mobile home park shall have a minimum tract area of 25 acres.

D. Any site proposed for a mobile home park shall not be subject to any hazard nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odors or glare, as defined by the Board of Commissioners of Upper Allen Township and all appropriate ordinances.

E. The location of all mobile home parks shall be subject to § 245-16.5, General buffering regulations, as set forth herein, and screening in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

F. Every area to be used as a mobile home park must be served exclusively by a public water supply system and municipal waste disposal system.

G. The applicant shall provide a traffic analysis in accordance with the Upper Allen Township Subdivision and Land Development Ordinance, prepared by a professional engineer experienced in the field of traffic analysis. The analysis shall investigate the following conditions:

(1) Any tract of land proposed for a mobile home park must have direct access to a collector-type road or a road of higher classification, as defined by the Upper Allen Township Comprehensive Plan, and must demonstrate the roadway's capability to accommodate the transport of mobile home units.

(2) Provision of safe and efficient ingress and egress to and from the public streets and highways servicing the park, without causing undue interference with the normal traffic flows and based on the adequacy of the thoroughfare to carry the additional traffic generated by the park.

H. Density. The total number of lots in a mobile home park shall not exceed a maximum density of five per adjusted tract area. Calculations of density shall be by the adjusted tract area method as defined herein and described in § 245-11.8 herein.

I. Yard and area regulations. The following yard setback and lot area regulations shall apply to all mobile home parks developed pursuant to this section:

(1) Setback from tract boundary. No mobile home or other primary building may be located closer than 35 feet to any boundary of a mobile park, regardless of whether that boundary abuts a lot, water body, road or other right-of-way.

(2) Lot area. All mobile home lots in a mobile home park, regardless of tenure, shall have a minimum lot size of 5,000 square feet.

(3) Lot width.

(a) No individual mobile home lot shall be less than 55 feet in width at the building setback line.

(b) No individual mobile home lot shall be less than 25 feet in width at the right-of-way line or the edge of the pavement of a private street.

(4) Building area. The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall not exceed 25%.

(5) Minimum structure setbacks.

(a) Front yard. In no case shall the long side, of a mobile home be located closer than 50 feet from the center line of a public or private street or right-of-way; provided, however, that the short side (ends of unit) of a mobile home may be located no closer to the ultimate right-of-way than 15 feet. No more than six mobile homes in a row shall have the same setback distance; where varied setbacks are implemented, the difference shall be at least four feet.

(b) Side and rear yards. No mobile home or accessory building may be located closer than five feet to any side or rear lot line of an individual mobile home lot.

(6) Distance between structures. Mobile homes and roofed structures of areas attached thereto shall be separated from each other and from other buildings, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either, the minimum distance between the two mobile homes shall be 30 feet.

J. The development of all mobile home parks shall conform to the Upper Allen Township Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 220.

§ 245-14.41 Mortuaries or undertaking establishments.

A. A one-hundred-foot off-street stacking area for the formation of the funeral procession shall be provided on the site.

B. No funeral procession will be allowed to form on public streets.

§ 245-14.42 Motels or hotels.

A. Minimum lot area shall be one acre.

B. Front, side and rear yards shall be permanently landscaped and maintained in good condition.

C. All buildings and structures shall be set back a minimum of 30 feet from any lot line.

D. Where more than one building occupies a lot, the following minimum interior yard spacing shall be required:

(1) Front to front: 70 feet.

(2) Front to side: 50 feet.

(3) Front to rear: 70 feet.

(4) Side to rear: 30 feet.

(5) Side to side: 15 feet.

(6) Rear to rear: 50 feet.

(7) Corner to corner: 20 feet.

E. A landscaping plan for the entire tract shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use and arrangement of plant materials. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes.

(1) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(2) Landscaped areas shall be continually maintained by the landowner. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(3) Buffers shall be in accordance with § 245-16.5 herein and screening in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

F. In the case of a hotel with conference/convention center, no more than 1/3 of the gross floor area of the hotel shall be devoted to conference/convention center.

§ 245-14.43 Multifamily dwellings.

A. Lot area per dwelling unit shall not be less than the area required by the district regulations.

B. The minimum habitable floor area shall be in accordance with § 245-16.7 of this chapter.

C. Public water and public sewer shall be required.

D. Entrances to dwelling units shall be provided with all-weather walkways to parking and refuse collection points, if applicable.

E. A landscaping plan for the entire tract shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use and arrangement of plant materials. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes.

(1) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

(2) Landscaped areas shall be continually maintained by the landowner or a homeowners' association or a condominium association. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(3) Parking areas within a multiple-family development shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development itself and shall be designed in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(4) Buffers shall be in accordance with § 245-16.5 herein.

F. In the C-1 and PO Districts, the maximum density of multifamily dwelling units shall not exceed three dwelling units per acre of the total land area of the tract that is supposed to be subdivided or developed under a preliminary or final subdivision or land development plan and such plan proposes the development of permitted nonresidential uses in addition to multifamily dwelling units. In the C-2 District, multifamily dwelling units shall only be permitted in mixed-use buildings that include both nonresidential and residential uses on a tract of land that is located in both the C-1 and C-2 Districts. In the C-1 and C-2 Districts, the maximum density of multifamily dwelling units shall not exceed 8.5 dwelling units per acre for mixed-use buildings that include both nonresidential and residential uses on a tract of land that is located in both the C-1 and C-2 Districts.

[Amended 6-2-2021 by Ord. No. 810]

G. In the PO, C-1, C-2 and VIL Districts, multifamily housing shall only be permitted to be located on the second floor and above in the same building as permitted nonresidential uses, or above a nonresidential use, provided that:

[Amended 6-2-2021 by Ord. No. 810]

(1) No nonresidential use shall be permitted on the same floor that is used for residential purposes, with the exception of legal home occupations.

(2) No floor may be used in whole or in part for a nonresidential use on a floor located above a floor used for residential purposes.

(3) Where there are nonresidential and residential uses in a building, the residential uses shall be provided with separate, private entrances.

§ 245-14.44 Natural production uses.

A. As a part of each application, the applicant shall furnish an accurate survey site plan, at a scale no less than one inch equals 400 feet, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be sealed by a registered professional engineer or a registered professional land surveyor and shall include the following:

(1) The boundaries of the proposed affected area, together with drainage area above and below the area.

(2) The location and names of the types of resources to be extracted or quarried and names of all natural and man-made features, such as streams, roads, railroads, and utility lines, on or immediately adjacent to the area.

(3) The location of all buildings within 1,000 feet of the parcel; and the names and addresses of the owners and present occupants; total acreage; names and addresses of adjacent landowners; and the location of rights-of-way and easements, abutting and/or adjacent zoning districts and land uses.

(4) The purpose for which each building is used, and estimated depth of the proposed operation and land area to be excavated, with dimensions.

(5) Proposed alterations to watercourses to ensure stream quality and quantity.

(6) Any proposed fencing and landscaping, which must comply with § 245-16.3 and § 245-16.5.

(7) A contour map showing cross sections of the proposed quarry area, including a detailed hydrogeologic groundwater study based on complete site studies.

B. The applicant shall obtain any required permit or permits from the Department of Environmental Protection of the Commonwealth of Pennsylvania, or any successor agency thereto, and shall present such permit or permits to the Board of Commissioners of Upper Allen Township.

C. The applicant shall present duplicate sets of the plans, specifications, applications and supporting data that have been or shall be presented to the Department of Environmental Protection for review to the Board of Commissioners. If such conditional use is granted, the operator shall continue to present such documentation to the Township when it is submitted to the Department of Environmental Protection.

D. Operation of the facility shall at all times comply with all applicable state and federal statutes and regulations. This shall include, but not be limited to, the Noncoal Surface Mining Conservation and Reclamation Act, Act of December 19, 1984, P.L. 10993, No. 219, as amended, 52 P.S. § 3301 et seq., or any subsequent amendment or enactment of the Pennsylvania General Assembly regulating mining, and the regulations of the Department of Environmental Protection implementing such statutes.

E. The minimum lot area shall be 50 acres.

F. A fence measuring eight feet high must enclose the area of actual quarrying or excavation. It shall not be less than 50 feet from the edge of excavation. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the quarry, with plantings (which shall be evergreen at planting) at least 36 inches high and placed in a double-staggered row with no more than five feet on center between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. Where adjacent to a residential district or public right-of-way, trees and shrubs shall be planted which will screen the operation completely from normal view. All screenings and buffers required by § 245-16.5 herein shall be provided.

G. The applicant shall demonstrate that the water supplies for neighboring properties shall not be adversely affected by the proposed use. In order to fulfill this requirement, the applicant shall submit to the Board of Commissioners a hydrogeologic study performed by a qualified hydrogeologist or other similar professional. Such study shall be prepared in accordance with accepted hydrogeological standards and practices; shall contain the sources of all test data, including, but not limited to, wells evaluated as a part of the study; and shall clearly set forth the conclusions and recommendations of the professional.

H. The operator shall limit access to the site to those posted times when an attendant is on duty. In order to protect the public health, safety and welfare, access drives shall be secured by fences, locks, gate, and other means to deny access at unauthorized times.

I. Vehicular access shall be designed as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.

J. Sufficiently long vehicle-stacking lanes into the facility shall be provided so that waiting vehicles to be weighed will not back up onto public roads.

K. All access drives onto the site shall be paved to a cartway width of 35 feet for a distance of at least 200 feet from the street right-of-way line. In addition, a one-hundred-foot-long crushed-stone section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may be attached to a vehicle's wheels.

L. The facility shall front upon, and gain access from, an arterial or collector, as defined in the Upper Allen Township Comprehensive Plan, as amended.

M. The applicant shall provide an analysis, prepared by a professional engineer experienced in the field of traffic analysis, of the physical conditions of the primary road system serving the site. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

N. If the traffic study demonstrates that improvements to Township or state roads shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make and/or guarantee cost of such improvements.

O. The operator shall maintain and make available to the public at its office all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.

P. The operator shall provide the Township with copies of any notices of violation received from the Department of Environmental Protection or United States Environmental Protection Agency within two weeks from the date such notice of violation was received by the operator.

Q. There shall be no operations on Sunday or legal holidays and no operation between 7:00 p.m. and 7:00 a.m. on other days.

R. All mining operations shall comply with the following requirements:

(1) Shall not injure or detract from the lawful existing or permitted use of neighboring properties.

(2) Shall not create any damage to the health, safety or welfare of the Township or its residents or property owners.

(3) Shall not pollute the air in excess of standards set by federal or state statutes or regulations.

(4) Shall not create noises in excess of permitted levels established by federal or state statutes or regulations or Township ordinances.

(5) Shall not exceed the blasting parameters established by the Pennsylvania Bureau of Mining and Reclamation.

(6) Shall not permit vibrations perceptible as detected by the adjacent or adjoining landowners' natural innate sensory input at any adjoining or adjacent property in different ownership or at public rights-of-way.

(7) Shall not permit the emission of dust, smoke, refuse matter, odor, gas, fumes, noise or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission.

(8) Shall not impede the flow of natural watercourses.

(9) Shall be conducted in a manner which will not allow water to collect and permit stagnant water to remain in quarries or excavations.

(10) The storage of explosives and blasting agents, the bulk storage of flammable or combustible liquids and the bulk storage of liquefied petroleum gas must comply with the Township's Building Construction Code[2] and all other state and federal regulations applicable to the types of storage stated in this subsection.

[2] Editor's Note: See Ch. 112.

S. At the time of application for a conditional use, an operations statement shall be submitted which shall include a detailed description of methods for satisfactorily handling operations with respect to the emission of noise, dust, blast, smoke, refuse matter or water, odor, gas, fumes or similar substances or conditions which may endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property beyond the property line. All such operations statements shall be in full compliance with all applicable state and federal statutes and regulations as well as this chapter. All pollution, soil erosion and sedimentation control, and other environmental problems created during the operation, including the production, transportation, processing, stockpiling, storage and disposal of products, by-products and wastes, shall be corrected by the operator.

T. At the time of application for a conditional use, a reclamation plan shall also be submitted setting forth the following information:

(1) An engineering drawing showing ownership, existing and future topography, streams, existing roads, buildings, boundaries and legal description of the tract.

(2) A description of the location, type, extent, methods and time schedule for the operation proposed.

(3) A drawing showing the location and/or proposed relocation of land, trees, buildings, structures, public roads, streams, drainage facilities and utility lines on the tract or adjacent tracts as may require protection, repairs, clearing, demolition or restoration either during or following the completion of the operations proposed.

(4) A plan for reuse of the land after completion of the operations which shall permit the carrying out of the purposes of this chapter and appropriately provide for any restoration, reclamation, reforestation or other correction work deemed necessary and which shall comply with all applicable state and federal statutes and regulations governing the reclamation of the proposed facility. Such reuse plan shall comply with the filing requirements of § 245-14.44.A.

U. As a condition of approval, the operator must certify that, after the termination of operations, he/she must rehabilitate the area to conform to the reclamation plan and all applicable federal and state statutes and regulations.

V. Within 90 days after the commencement of surface mining operations and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer and/or Township Engineer setting forth the following:

(1) The name and address and telephone number of the operator.

(2) The location of the operation with reference to the nearest public road.

(3) A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.

(4) The name and address of the landowner or his duly authorized representative.

(5) An annual report of the type and quantity of material produced.

(6) The current status of the reclamation work performed pursuant to the approved reclamation plan.

(7) A maintenance report for the site verifying that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed.

(8) Verification that the proposed use continues to comply with all applicable state regulations. The operator shall furnish copies of any approved permits and/or any notices of violations issued by the Pennsylvania Department of Environmental Protection to the Zoning Officer and/or Township Engineer.

W. A five-hundred-foot setback shall be maintained from all property lines during the operation of the quarry or mine, within which quarrying or mining activities, including blasting and stone crushing, shall not be permitted.

X. No structures or parking areas shall be located closer than 100 feet to any property line.

Y. Waste products or waste containers may be placed within side and rear yards, provided that they are screened from adjoining roads and properties. All such containers shall be set back not less than 100 feet from any adjoining property. All such containers shall be completely enclosed by a solid fence or wall.

Z. Where screening, plantings or fencing has been installed, such screening, plantings and fencing shall be permanently maintained. All required plant materials which die shall be promptly replaced in accordance with recognized nursery standards. All fencing shall be maintained in good repair.

§ 245-14.45 Nightclubs.

A. The site shall be located a minimum of 150 feet from any school, child or adult day-care facility, community activity center, cultural facility or church or house of worship.

B. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties, owing to hours of operation, light, and/or litter.

C. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside of the building. Noise levels shall not exceed 45 dBA or 5 dBA above ambient noise levels as measured at the side and rear property lines.

D. Nightclubs shall only operate between the hours of 7:00 p.m. and 2:30 a.m. the following day.

E. All nightclubs shall hold a valid license for the premises on which the establishment is located.

F. No nightclub shall contain less than 500 square feet of usable floor area.

G. All nightclubs shall comply with all state and local codes regulating such establishments.

§ 245-14.46 Power-generation facilities.

A. Heat, glare, radiation, noise, vibration, fumes, odors or other objectionable emissions. Every use shall be operated so that it does not emit a dangerous level of heat, glare, radiation, noise, vibration, fumes, odors or other objectionable emission beyond any boundary of the site on which the use is located.

B. Outdoor storage and waste disposal.

(1) No material or wastes shall be deposited upon a site in such form or manner that they may be transferred off site by natural causes or forces.

(2) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents shall be stored outside in closed containers.

C. The proposed facility shall comply with all applicable federal and state air, water quality, environmental and regulatory permits and requirements, including, but not limited to, the permits and approvals listed below. Approval would be contingent upon obtaining required permits and approvals.

(1) NPDES water quality and earth disturbance permits.

(2) Section 404 of the Clean Water Act.

(3) Chapter 105, Encroachment permit, 25 Pa. Code.

(4) Water consumptive permit from Susquehanna River Basin Commission.

(5) Water allocation/withdrawal permit from Pennsylvania Department of Environmental Protection.

(6) Air quality permits.

(7) Public Utility Commission approvals.

D. Landscape requirements.

(1) The landscape provisions in this chapter are intended to encourage development of an attractive working environment for development, to buffer objectionable views, to provide year-round landscape, and to provide for the mitigation of environmental impacts. The landscape requirements shall be as provided in the Upper Allen Township's Subdivision and Land Development Ordinance[1] and § 245-16.5 herein. Where conflict exists between this chapter and the Subdivision and Land Development Ordinance with regards to landscape requirements, this chapter will take precedent.

[1] Editor's Note: See Ch. 220.

(2) Suitable planting and landscaping shall be provided in areas required as setback under the provisions of this chapter.

(3) Landscaping is not required for side and rear property lines behind the front building setback line for property abutting other industrial zoned property.

(4) Parking shall not be permitted in the landscape setback abutting any street.

E. Emergency plan of access. A written plan of access must be provided by the owner in the event of emergency conditions such as fire, assuming the worst condition. The owner's plan of action for emergency access to the building shall be submitted to the Township's Emergency Management Agency Officer and the fire companies at the time of submission for a building permit.

§ 245-14.47 Private and semipublic outdoor recreation areas.

A. Parking shall be required as shall be determined to be necessary for the use and site by the decision-making body.

B. A buffer yard of 30 feet in width and a screen planting, of a height and type as approved by the decision-making body, shall be provided.

C. Where an outdoor recreational use other than a golf course adjoins a residential district or residential use, trees and shrubs must be planted on the site of this use so as to form an effective visual barrier between the outdoor recreational use and adjoining residential properties, as set forth by the Zoning Hearing Board and/or Article XIX and the table in § 245-16.5.

D. A traffic study is required to demonstrate safe access and control of traffic into and out of the facility. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) The traffic study shall be completed in accordance with the Township subdivision and land development requirements.

(3) A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle, and shaded area.

E. The decision-making body shall decide the appropriateness of the design of parking, lighting and similar features of the proposed use to minimize adverse impacts on adjacent properties.

F. Existing trees and vegetation shall be preserved to the extent possible to keep the area natural.

§ 245-14.48 Professional and other home occupations (other than no-impact home-based businesses).

[Amended 3-5-2025 by Ord. No. 844]

A. The use shall be carried on completely within the dwelling unit or a detached accessory structure.

B. Not more than two persons other than the occupants of the dwelling unit shall be employed.

C. Not more than 35% of the floor area of the dwelling unit, excluding attached accessory structures, shall be utilized.

D. Articles sold or offered for sale shall be limited to those produced on the premises.

E. There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation of the residential character of the main building.

F. No traffic shall be generated by such occupation or business in greater volumes than would normally be expected in a residential neighborhood.

G. Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

H. There shall be no other exterior indications of the use or variation of the residential character.

I. The use shall not cause any external effect, such as increased noise, excessive lighting, air pollution or offensive odor, which is incompatible with the characteristics of the surrounding neighborhood or in violation of the provisions of any applicable code or ordinance.

J. A home occupation shall not be interpreted to include the following: commercial stables and kennels, tearooms, tourist homes, animal hospitals, animal grooming, commercial or retail sales or use, schools, dance or music studio, vehicle body shop, vehicle repairs, vehicle washes, vehicle sales, or similar uses.

K. The owner shall provide a minimum of two parking spaces, plus one parking space for each additional employee who is not an occupant of the dwelling, in addition to the required number of parking spaces for the residential use. Overflow or public parking spaces may not be used to meet this requirement. All required parking spaces must be located on the same property as the residential dwelling.

L. A home occupation which is located in a detached accessory structure, does not have any impact, and does not employ anyone other than those family members residing in the dwelling shall be exempt from Subsection K above.

M. The business may not involve any illegal activity.

§ 245-14.49 Professional and other home occupations, no-impact.

A. The business or commercial activity, as defined in Article II, Land Use Definitions, shall be permitted in all zones in accordance with the following requirements, except that such accessory use 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.

B. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

C. The business shall employ no employees other than family members residing in the dwelling.

D. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

E. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

F. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

G. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

H. The business activity shall be conducted only within the dwelling and may not occupy more the 25% of the habitable floor area of the dwelling unit.

I. The business may not involve any illegal activity.

§ 245-14.50 Public and nonpublic schools.

A. The public and nonpublic schools shall adhere to the following dimensional characteristics with the exception of the Village (VIL) District, in which case the requirements of the VIL District shall take precedence.

(1) Minimum lot area: two acres.

(2) Minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(3) Minimum street frontage: 100 feet.

(4) Maximum building coverage: 30%.

(5) Maximum lot impervious coverage: 70%.

(6) Minimum vegetative coverage: 30%.

B. No part of a public/nonpublic school property shall be located within 1,000 feet of a property containing an adult-related facility (as defined herein), nor 300 feet of a property containing an automobile or gasoline service station. All off-street parking shall be set back at least 25 feet and screened from adjoining property lines.

C. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be screened from adjoining residentially zoned properties in accordance with buffer yard screening type 1, as set forth in the Upper Allen Township Subdivision and Land Development Ordinance. All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

D. Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

E. Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

F. A traffic study is required. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1] The traffic study shall include, at a minimum, the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) A description of the location of bus stops to be conveniently accessible for students traveling to and from the site by bus.

[1] Editor's Note: See Ch. 220.

G. The subject property shall have frontage along a minor arterial or collector street, as defined in the Upper Allen Township Comprehensive Plan, as amended.

§ 245-14.51 Public and semipublic buildings, including churches and similar places of worship, libraries, community activity buildings, cultural facilities, municipal buildings.

A. The public and semipublic buildings shall adhere to the following dimensional characteristics with the exception of the Village (VIL) District, in which case the requirements of the VIL District shall take precedence.

(1) Minimum lot area: two acres.

(2) Minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(3) Minimum street frontage: 150 feet.

(4) Maximum building coverage: 30%.

(5) Maximum lot impervious coverage: 70%.

(6) Minimum vegetative coverage: 30%.

B. Outside storage of material shall be prohibited within residential zones. Outdoor storage of materials in other areas shall be completely enclosed in accordance with § 245-16.8 herein.

C. The storage of maintenance vehicles and related apparatus shall be within wholly enclosed buildings in residential districts.

D. All off-street parking shall be provided in accordance with Article XVII and the following requirements:

(1) Off-street parking shall not be allowed within 10 feet of the adjoining property line and shall be screened in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.

(2) Portions of the required front yard setback may be used for off-street parking when authorized as a special exception; however, off-street parking shall be set back a minimum of 25 feet from the street right-of-way.

E. In the case of churches and similar places for religious worship, no restrictions shall be in violation of the Religious Land Use and Institutionalized Persons Act of 2000.[1]

[1] Editor's Note: See 42 U.S.C. § 2000cc et seq.

F. All utilities shall be underground.

G. The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical, or microwave disturbance, or any other objectionable impact, nuisance, or safety hazard beyond the subject property.

§ 245-14.52 Public utility buildings and structures.

Public utility buildings and structures may be established as a conditional use in all districts upon the approval of the Board of Commissioners of Upper Allen Township. The following standards shall apply to public utility buildings and structures.

A. The applicant must demonstrate that the selected location is necessary for public service and the use cannot be supplied if located elsewhere.

B. If located within a residential district, all buildings and structures shall be designed (to the extent possible) to have the exterior appearance of a residence.

C. In any residential district, the outdoor storage of vehicles or equipment, used in the maintenance of a utility, shall not be permitted; in a nonresidential district, all outdoor storage, parking and/or loading areas shall be screened from adjoining roads and all properties in accordance with Article XIV herein and the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

D. There shall be no specific minimum lot size; however, each lot shall provide front, side, and rear yard setbacks and comply with the maximum lot coverage requirements and impervious surface as prescribed in the underlying district.

E. All other structures or accessory structures shall be set back a distance at least equal to the height of the structure from all adjoining property lines, and height regulations for the district shall be followed.

F. The use shall emit no obnoxious noise, glare, dust, odor, vibration, electrical, or microwave disturbance, or any other objectionable impact, nuisance or safety hazard beyond the subject property.

§ 245-14.53 Racetracks.

A. Minimum acreage shall be 25 acres.

B. The minimum setbacks of all structures from public roads shall be 100 feet.

C. Such facility shall be situated so that no residential use is located closer than 500 feet from any property line of the principal use at the time of approval.

D. Access to such facility shall be by a paved road. All racetracks shall have direct access to minor arterial or collector roadway, as identified in the Upper Allen Township Comprehensive Plan, as amended. Traffic shall not be directed through residential subdivisions or on minor residential streets.

E. Off-street parking shall be provided at a minimum of one space for each three patrons or seats. For those facilities which are not used on a regular or frequent basis, parking may be provided on adjacent parcels of land, provided that any parcel so used is located no more than 500 feet from the lot boundary.

F. Any lighting provided at such facilities shall be subject to the provisions of § 245-16.10 regarding outdoor lighting of the Upper Allen Township Zoning Ordinance.

G. Accessory uses and/or structures may be permitted in conjunction with the principal use of the property, provided that such uses are physically designed as a part of or within the principal structure. Such uses may include food sales, beverage sales, gift or souvenir shops, and similar activities. The accessory structures may not be located within any required setback or buffer area.

H. Noise from the racetrack shall not exceed 80 decibels at 100 feet from the racetrack property line.

I. Hours of operation of the racetrack shall be between 10:00 a.m. and 10:00 p.m.

§ 245-14.54 Resorts.

A. Those uses involving outdoor activities shall provide sufficient screening and/or landscaping to mitigate any visual and/or audible impacts on adjoining properties. The site shall be buffered and landscaped in accordance with the provisions contained in this chapter's § 245-16.5 and the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

B. All resorts shall front and have access to an arterial or collector roadway, as defined in the Upper Allen Township Comprehensive Plan, as amended.

C. Performance standards addressed in § 245-16.10 shall be required.

D. The construction of a resort shall be considered a "development" and is subject to the provisions contained in the Subdivision and Land Development Ordinance and all other appropriate requirements.

E. If the resort includes a conference/convention center, no more than 1/3 of the gross floor area of the hotel shall be devoted to the conference/convention center.

F. Golf courses may be permitted as regulated under § 245-14.24.

§ 245-14.55 Riding academies and boarding stables.

A. The use shall have a minimum lot size of five acres.

B. No more than 10 equine animals are kept with the exception that one additional equine animal may be kept for each additional acre of land over five acres.

C. All animals, except while exercising or pasturing, shall be confined in a building erected or maintained for that purpose and shall meet the following requirements.

(1) The building shall not be erected or maintained within 300 feet of any lot line and 75 feet from any public or private road.

(2) The building shall not be less than 200 square feet in size for one equine animal, with an additional 200 square feet for each added animal.

D. All outdoor training, show, riding, boarding or pasture areas shall be enclosed by a minimum four-foot-high fence and shall be set back a minimum of 100 feet from any adjacent residence whose owner is not the owner of this use.

E. Satisfactory evidence must be presented to indicate that adequate storage and disposal of animal waste will be provided in a manner that will not create a public health hazard or nuisance.

F. All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties. There shall be one space for each nonresident employee and one space for every two equine animals kept on the property.

§ 245-14.56 Sale of agriculture products.

[Amended 3-5-2025 by Ord. No. 844]

A. Any structure used to display agricultural products in an R-1 District shall not exceed 1,500 square feet in size, nor shall any structure used to display agricultural products in a R-2, R-3, or VIL District exceed 1,000 square feet in size. The sales area within any structure shall not exceed 400 square feet.

B. No structure used to display agricultural products shall be located less than 25 feet from any property line.

C. At least 1/2 of the products by sales volume displayed for sale must have been produced on the premises.

§ 245-14.57 Schools, commercial.

A. The commercial school shall adhere to the following dimensional characteristics with the exception of the Village (VIL) District, in which case the requirements of the VB District shall take precedence.

(1) Minimum lot area: two acres.

(2) Minimum setback requirements:

(a) Front yard: 50 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 50 feet.

(3) Minimum street frontage: 150 feet.

(4) Maximum building coverage: 30%.

(5) Maximum lot impervious coverage: 70%.

(6) Minimum vegetative coverage: 30%.

B. Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

C. Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

D. A traffic study is required. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle and shaded area.

E. The subject property shall have frontage along a minor arterial or collector street, as defined in the Upper Allen Township Comprehensive Plan, as amended.

§ 245-14.58 Semitrailer parking lots.

A. A semitrailer parking lot shall be permitted under this chapter only where operated in connection with an existing warehouse, transportation terminal, trucking terminal, manufacturing, or other industrial use located on another lot. An applicant for a building and/or zoning permit for a semitrailer parking lot shall be required to submit evidence of an existing trucking terminal, transportation terminal, warehouse, manufacturing, or other industrial use that the semitrailer parking lot is to serve.

B. All semitrailers shall have a valid registration and safety inspection. The Township shall be permitted to inspect semitrailers on the site quarterly. Any violation of this standard shall be corrected within 30 days after notice of such violation is issued by the Township.

C. No toxic or hazardous substance or material shall be stored or maintained in violation of any state or federal law or regulation. No toxic or hazardous waste shall be stored in semitrailers or on the premises.

D. The use of any semitrailer parking lot shall comply with the Diesel-Powered Motor Vehicle Idling Act, 35 P.S. § 4601 et seq. Between the hours of 10:00 p.m. and 6:00 a.m., no idling of motors or engines shall be permitted and yard jockey trucks shall be utilized to pick up and drop off semitrailers.

E. The use shall comply with all applicable noise standards of the Township's ordinances.

F. In the Industrial District, where a buffer yard type 3 is installed on an earthen berm having a maximum slope of three to one and having a minimum height of five feet above grade, the required buffer yard width may be reduced by a maximum of 50%.

G. Where screening, plantings or fencing has been installed, such screening, plantings and fencing shall be permanently maintained. All required plant materials which die shall be promptly replaced in accordance with recognized nursery standards. All fencing shall be maintained in good repair. Litter control measures shall be implemented to prevent scattering of materials, and a plan for the cleanup of litter shall be submitted to the Township's Zoning Officer or other authorized Township official.

§ 245-14.59 Shopping centers, malls, plazas and large commercial establishments.

A. Shopping centers, malls, plazas and large commercial establishments shall meet the following area, bulk and dimensional requirements:

Area, Bulk and Dimensional Requirements for Shopping Centers, Malls, Plazas and Large Commercial Establishments
Requirements		Up to 50,000 Square Feet of Gross Floor Area	Between 50,000 and 100,000 Square Feet of Gross Floor Area	Over 100,000 Square Feet of Gross Floor Area
Minimum lot area		In accordance with the district in which the use is located.
Minimum lot width		250 feet	300 feet	500 feet
Minimum lot depth		250 feet	500 feet	750 feet
Minimum yard setbacks
	Front	50 feet for buildings and structures	50 feet for buildings and structures	50 feet for buildings and structures
	Side	15 feet for buildings and structure	15 feet for buildings and structures	15 feet for buildings and structures
	Rear	15 feet for buildings and structures, off-street parking and loading spaces and dumpsters	15 feet for buildings and structures, off-street parking and loading spaces and dumpsters	15 feet for buildings and structures, off-street parking and loading spaces and dumpsters
Minimum setback from residences or residential zones**		50 feet for buildings and structures, off-street parking and loading spaces and dumpsters	75 feet for buildings, structures, loading spaces and dumpsters, and 50 feet for off-street parking*	75 feet for buildings, structures, loading spaces and dumpsters, and 50 feet for off-street parking*
Minimum vegetative coverage		35%	40%	45%
Minimum impervious lot coverage		65%	60%	55%

NOTES:
*	The minimum setback may be reduced by 50 feet if buffer yard type 3 is provided in accordance with § 245-16.5 and the Upper Allen Township Subdivision and Land Development Ordinance, Chapter 220.
**	The minimum setback for off-street parking and loading spaces shall not be required for residences that are contained in mixed-use buildings that also contain commercial uses.

B. No off-street loading or dumpsters shall be allowed in the front or side yards.

C. All shopping centers, malls, plazas or large commercial establishments shall be under unified management, which shall clearly establish centralized responsibility for the operation and maintenance of the project including all common areas.

D. The shopping center, mall, plazas and large commercial establishments shall be designed in accordance with a unified architectural theme. Similar and complementary building dimensions, materials and rooflines shall be designed for all proposed uses.

E. A landscaping plan for the entire tract shall be required. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use and arrangement of plant materials. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes.

(1) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings, in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

(2) Landscaped areas shall be continually maintained by the landowner. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(3) Buffers and screens shall be in accordance with § 245-16.5 herein and the Upper Allen Township Subdivision and Land Development Ordinance.

F. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development and nearby areas.

(2) A description of the location of bus stops to be conveniently accessible for patrons traveling to and from the site by bus. The location for a bus stop must be provided even if current bus service is unavailable. The bus stop area shall include a shelter, seating, waste receptacle and shaded area.

G. All shopping centers, malls, plazas and large commercial establishments shall front and have a full access driveway on an arterial roadway or shall have direct access to an arterial roadway via a collector or local street that intersects with an arterial roadway within one-half mile of such use.

H. All access drives shall be set back at least 200 feet from the intersection of any street right-of-way.

I. In addition to the above requirements, all large commercial establishments and shopping centers, malls and plazas in excess of 25,000 square feet shall be subject to the following design requirements:

(1) Building facades in excess of 100 horizontal feet shall incorporate recesses and projections.

(2) Windows, awnings, and arcades must total at least 60% of the facade length abutting a public street.

(3) Variation in rooflines is required to preclude the appearance of flat roofs from all public and residential uses and districts; furthermore, all rooftop mechanical equipment shall be fully screened from all public and residential uses and districts.

(4) Each principal building shall have a clearly defined and visible customer entrance. All sides of the principal building that directly face an abutting public street shall feature at least one customer entrance per street; however, in the case where the building may face more than two streets, only two entrances shall be required.

(5) To complement existing commercial development and surrounding residential neighborhoods, the following building materials and colors are prohibited: smooth-faced concrete block, tilt-up concrete panels, and prefabricated steel panels; high-intensity colors, metallic colors, black or fluorescent colors are prohibited. Neon tubing is prohibited as an accent material.

(6) Each shopping center, mall, plaza or large commercial establishment shall provide at least two community amenities, such as a patio/seating area, water feature, clock tower or pedestrian plaza with benches, regardless if it is part of a shopping center, mall or plaza. In the case of outdoor cafes, the sidewalk area shall be increased to allow a six-foot obstacle-free pedestrian walkway.

(7) The following requirements address pedestrian safety.

(a) Perimeter sidewalks of at least eight feet in width shall be provided along all sides of the lot that abut a public street.

(b) The perimeter sidewalks shall be connected to a continuous internal pedestrian walkway the full length of building along the facade featuring the principal customer entrance and abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping.

(8) The internal walkway shall include streetscape elements, including, at a minimum, landscaping and benches for no less than 50% of its length.

(9) The internal walkway must provide a weather-protection feature within 30 feet of the customer entrance.

(10) The internal walkway must be distinguished from driving surfaces through the use of special pavers, bricks or scored concrete to enhance pedestrian safety.

J. Off-street parking shall be provided in accordance with the provisions of Article XVII of this chapter. Parking areas shall be broken into modules separated by landscaping and other features. No more than 50% of the off-street parking area shall be located between the front facade and the street.

§ 245-14.60 Shotgun, rifle, pistol or archery ranges (outdoor).

A. Minimum lot area: 10 acres.

B. Minimum lot width: 300 feet.

C. Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property or street right-of-way line. The use must also be located at least 1,000 feet from any existing residential dwelling.

D. An earthen background berm must be provided within 20 feet of the farthest target post to prevent wild or ricocheting bullets or wild or stray arrows. The berm shall meet the following requirements:

(1) The berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target.

(2) The crest of the berm at the eight-foot-minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.

(3) Earthen side berms, as described in Subsection D(1) and (2) above, must be provided immediately adjacent to the range and shall extend from the firing line to the background berm.

E. Only targets mounted on target posts shall be permitted. No targets of any kind shall be set directly on the ground.

F. Warning signs must be posted at least 10 feet from the outside of the berm.

G. The firing range shall be free of gravel and other hard surface materials and be adequately drained.

H. Adult supervision must be provided for children under 16 years of age.

§ 245-14.61 Single-family attached, single-family semidetached, and two-family detached dwellings.

[Amended 3-5-2025 by Ord. No. 844]

A. No tract or lot shall exceed the maximum density required by the district regulations herein.

B. Lot area per dwelling unit shall not be less than the area required by the district regulations.

C. Minimum habitable floor area shall be in accordance with § 245-16.7 of this chapter.

D. Entrances to dwelling units shall be provided with paved walkways to parking and refuse collection points, if applicable.

E. In the R-2 District, the maximum density shall not exceed six residential dwelling units per acre of the total land area of the tract or lot to be subdivided or developed, whether initially or cumulatively. Fractions of whole numbers for total units permitted shall be eliminated.

F. In single-family attached (townhouse/row house) dwellings, the following shall apply in addition to the regulations herein:

(1) Street frontage. A minimum of 30 feet for interior units and 40 feet for exterior units. The street frontage of any tract or lot containing an access drive shall be a minimum of 75 feet;

(2) No more than eight units shall be attached in a row per building;

(3) Public water and public sewer shall be required; and

(4) Staggered setbacks of individual dwelling units accompanied by a variation in facade design are required so the buildings offer visual variety, individualism, and provide private yard areas. No more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

G. In single-family semidetached dwellings, the following shall apply in addition to the regulations herein:

(1) In the R-2 District, two or more single-family semidetached dwellings are permitted on a single lot when the lot is more than one acre in size and both public sewer and public water are provided.

H. A landscaping plan for the entire tract shall be required for the development of all single-family attached dwellings, two or more single-family semidetached dwellings, or any two-family dwelling, whether proposed initially or cumulatively. A landscape architect licensed by the Commonwealth of Pennsylvania shall be retained to complete such a plan to ensure the proper species, use and arrangement of plant materials. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes.

(1) When deemed necessary by the decision-making body, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor’s Note: See Ch. 220, Subdivision and Land Development.

(2) Landscaped areas shall be continually maintained by the landowner or a homeowners’ association or a condominium association. Care, grooming and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Township.

(3) Buffers shall be in accordance with § 245-16.5 herein.

§ 245-14.62 Solar energy systems, accessory (ASES).

A. ASES are an accessory use permitted in all zoning districts.

B. ASES with an aggregate collection and/or focusing area of 10 square feet or less are exempt from the requirements herein.

C. ASES constructed prior to the effective date of this chapter shall not be required to meet the terms and conditions of this section. Any physical modification to an existing ASES whether or not existing prior to the effective date of this chapter that materially alters the ASES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.

D. The ASES layout, design, installation, and ongoing maintenance shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC), or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code as enforced by the Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

E. Upon completion of installation, the ASES shall be maintained in good working order in accordance with the standards of the Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement action by the Township in accordance with applicable ordinances.

F. All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.

G. The owner of an ASES shall provide the Township with written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.

H. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.

I. Glare.

(1) All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(2) The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

J. Prior to the issuance of a zoning permit, applicants must acknowledge in writing the following:

(1) The issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: (a) the right to remain free of shadows and/or obstructions to solar energy caused by the development of adjoining or other property or the growth or any trees or vegetation on such property; or (b) the right to prohibit the development on or growth of any trees or vegetation on such property.

(2) The applicant has notified the Township's Fire Chief or Fire Marshal that an ASES will be installed on the property.

K. Decommissioning.

(1) Each ASES and all solar related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner/operator, or upon termination of the useful life of same.

(2) The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.

(3) The ASES owner shall, at the request of the Township, provide information concerning the amount of energy generated by the ASES in the past 12 months.

L. Permit requirements.

(1) Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines.

(2) The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES to not be in conformity with this chapter.

(3) The ASES must be properly maintained and kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.

M. Roof-mounted and wall-mounted accessory solar energy systems.

(1) A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

(2) ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each underlying zoning district.

(3) Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning district.

(4) Solar panels shall not extend beyond any portion of the roof edge.

(5) Roof-mounted solar panels shall be located only on a rear- or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates that, due to solar access limitations, no location exists other than the street-facing roof, where the solar energy system can perform effectively.

(6) For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township that the roof or wall is capable of holding the load imposed on the structure.

N. Ground-mounted accessory solar energy systems.

(1) A ground-mounted ASES shall meet the general requirements for accessory buildings or structures as defined within § 245-13.2.

(2) The surface area of the arrays of a ground-mounted ASES, regardless of the mounted angle of any solar panels, shall be considered impervious and calculated in the lot coverage of the lot on which the system is located.

(3) Ground-mounted ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a fence may be installed in accordance with the requirements of this chapter.

(4) Appropriate safety/warning signage concerning voltage shall be placed on ground mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

(5) Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.

§ 245-14.63 Solid waste processing and/or disposal facilities.

A. The applicant shall obtain any required permit or permits from the Department of Environmental Protection of the Commonwealth of Pennsylvania, or any successor agency thereto, and shall present such permit or permits to the Board of Commissioners of Upper Allen Township.

B. The applicant shall present duplicate sets of plans, specifications, applications and supporting data that have been or shall be presented to the Department of Environmental Protection for review to the Board of Commissioners. If such conditional use is granted, the operator shall continue to present such documentation to the Township when it is submitted to the Pennsylvania Department of Environmental Protection.

C. Operation of the facility shall at all times comply with all applicable state and federal statutes and regulations. This shall include, but not be limited to, the Municipal Waste Planning, Recycling and Waste Reduction Act[1] or any subsequent amendment or enactment of the Pennsylvania General Assembly regulating waste recycling and recovery, and the regulations of the Department of Environmental Protection implementing such statutes.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

D. Operation of the facility shall at all times comply with all applicable regulations of the Cumberland County Solid Waste Authority or any successor agency. Any permits or approvals required by such agency shall be obtained by the applicant, and evidence of the grant of such permits or approvals shall be submitted to the Township.

E. The minimum lot area shall be 50 acres for solid waste disposal facilities and 10 acres for solid waste processing facilities.

F. A fence measuring eight feet high shall enclose the facility. The fence used shall have openings less than three inches in any dimension, if any. A vegetative screen must be provided along the outside of the fence, facing away from the facility, with plantings at least 36 inches high and placed in a double-staggered row with not less than five feet on center between plants. The vegetation shall be of a variety to obtain a height of at least eight feet at maturity. All screening shall be in accordance with the Upper Allen Township Subdivision and Land Development Ordinance, and buffers yards required shall be in accordance with § 245-16.5 herein. The use shall be screened completely from normal view.

G. The applicant shall demonstrate that the water supplies for neighboring properties shall not be adversely affected by the proposed use. In order to fulfill this requirement, the applicant shall submit to the Board of Commissioners a hydrogeologic study performed by a qualified hydrogeologist or other similar professional. Such study shall be prepared in accordance with the accepted hydrogeological standards and practices; shall contain the sources of all test data, including, but not limited to, wells evaluated as a part of the study; and shall clearly set forth the conclusions and recommendations of the professional.

H. The operator shall limit access to the site to those posted times when an attendant is on duty. In order to protect the public health, safety and welfare, access drives shall be secured by fences, gates, locks or other means to deny access at unauthorized times.

I. Vehicular access shall be designed as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.

J. Sufficiently long vehicle-stacking lanes (inspected and approved by the Township Engineer or his/her designee) into the facility shall be provided so that vehicles waiting to be weighed will not back onto public roads.

K. All driveways onto the site shall be paved to a cartway width of 35 feet for a distance of at least 200 feet from the street right-of-way line. In addition, a one-hundred-foot-long crushed-stone section of access drive shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may be attached to a vehicle's wheels.

L. The facility shall front upon and gain access from a minor arterial roadway, as defined in the Upper Allen Township Comprehensive Plan, as amended.

M. The applicant shall provide an analysis, prepared by a professional engineer experienced in the field of traffic analysis, of the physical conditions of the primary road system serving the site.

N. If the traffic study in accordance with the Upper Allen Township Subdivision and Land Development Ordinance[2] demonstrates that improvements to Township or state roads shall be required in order to serve the proposed use or to alleviate the direct impacts of the proposed use upon the traffic network, the applicant shall make such improvements and/or provide or guarantee financial security in an amount sufficient to cover the cost of such improvement.

[2] Editor's Note: See Ch. 220.

O. The operator shall maintain and make available to the public at its office all permits and approved plans required by all governmental regulatory agencies having jurisdiction over the permitting, operation, maintenance and/or reclamation of such a facility.

P. The operator shall provide the Township with copies of any notices of violation received from the Department of Environmental Protection or United States Environmental Protection Agency within two weeks from the date such notice of violation was received by the operator.

Q. The applicant shall submit an operating schedule to the Township for review by the Zoning Officer.

R. Litter control measures shall be implemented to prevent scattering of materials and a plan for the cleanup of litter shall be submitted to the Township's Zoning Officer or other authorized Township official.

S. All municipal waste awaiting recycling or resource recovery shall be stored within an enclosed area bounded by solid walls or fences.

T. A three-hundred-foot setback shall be maintained from all property lines during the operation of the recycling or resource recovery facility within which recycling or resource recovery activities shall be permitted.

U. No structures or parking areas shall be located closer than 300 feet to any property line.

V. Where screening, plantings or fencing has been installed, such screening, plantings and fencing shall be permanently maintained. All required plant materials which die shall be promptly replaced in accordance with recognized nursery standards. All fencing shall be maintained in good repair.

W. The unloading, transfer and deposition of materials shall be continuously supervised by a qualified facility operator. Vibrations and emissions into the air shall not be permitted outside the property. All regulations relating to the control of noise shall be observed.

§ 245-14.63.5 Special occasion facilities.

[Added 2-7-2018 by Ord. No. 776]

A. One of the structures intended to accommodate guests must have been in existence for at least 50 years.

B. There shall be a minimum lot area of 15 acres.

C. The property shall front on and gain direct access to a minor arterial or collector road, as designated in the Upper Allen Township Comprehensive Plan, as amended.

D. The combined floor area of all buildings intended to accommodate guests shall not exceed 25,000 square feet.

E. Accommodations for overnight lodging at a special occasion facility shall be limited to no more than 10 guest rooms and to no more than 20 guests at a given time. The guest rooms shall be rented to overnight guests on a daily basis for periods not exceeding one week.

F. Catered food service from a licensed facility is permitted without additional licensing requirements.

G. Outdoor music shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.[1]

[1] Editor's Note: Former Subsection H, regarding wall signs and monument signs, which immediately followed, was repealed 8-21-2024 by Ord. No. 836.

§ 245-14.64 Special occasion homes.

A. Special occasion functions may be conducted on the grounds surrounding the home and in buildings accessory to a residential home.

B. Catered food service from a licensed facility is permitted without additional licensing requirements.

C. The use of a residential dwelling for a special occasion home must be approved by the Township's Sewage Enforcement Officer and the system upgraded if necessary.

D. The source of water to be used by the special occasion home or inn shall be a potable water source as certified by a test laboratory and a certified provider.

E. All special occasion homes shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry, and all other applicable building, safety and fire codes of the federal, state or local government.

§ 245-14.65 Student housing.

A. Owners of student housing shall annually register and obtain a student housing permit from the Township, providing the permitted number of students. Inspection shall be performed prior to issuance of permits to landlords to ensure compliance with the Zoning Ordinance and shall be reviewed on an annual basis.

B. One off-street parking space per occupant shall be provided for each student housing property. Location of parking shall be in accordance with Article XVII; stormwater management of the parking area shall be in accordance with the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

C. Student housing may not be located within 500 feet of another student housing, group home or family care center, group quarters, or long-term nursing center or personal care center.

D. The Zoning Officer or other duly authorized Township official shall keep record of noise and other disorderly conduct complaints and report the same to the Township police for follow-up and documentation. Landlords' permits shall be revoked for repeated violations/citations of four times within a twelve-month period.

§ 245-14.66 Taverns.

A. The site shall be located a minimum of 150 feet from any school, child or adult day-care facility, community activity center, cultural facility or church or house of worship.

B. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties, owing to hours of operation, light, and/or litter.

C. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside of the building. Noise levels shall not exceed 45 dBA or 5 dBA above ambient noise levels as measured at the side and rear property lines.

D. Taverns shall only operate between the hours of 7:00 a.m. and 2:30 a.m. the following day.

E. All taverns shall comply with all state and local codes regulating such establishments.

F. No tavern shall contain less than 300 square feet of usable floor area.

§ 245-14.67 Transportation and trucking terminals.

A. The facility shall front on and gain direct access to a minor arterial or collector road, as designated in the Upper Allen Township Comprehensive Plan, as amended.

B. Under no circumstances shall access to the terminal be through a residential neighborhood.

C. The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

(2) Specific documentation of anticipated truck volume, including data collected at locally comparable sites.

§ 245-14.68 Vehicle body shops; repair garages.

A. All vehicle body service and/or repair activities shall be conducted within a wholly enclosed building.

B. No outdoor storage of discarded parts, equipment, lubricants, fuel or other materials shall be permitted.

C. All exterior storage areas of vehicles, parts, equipment, lubricants, fuel or other materials shall be screened from adjoining residentially zoned or residentially used properties and roads in accordance with § 245-16.5 herein and the Upper Allen Township Subdivision and Land Development Ordinance.

D. The storage of unlicensed vehicles for more than 90 days is prohibited.

E. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed towards any adjoining residentially zoned or used property and conform to all outside agency requirements.

F. Any use involving the generation of waste grease and/or oil shall be required to collect these waste products. Such uses shall also demonstrate a regular and proper means of disposal of such greases and/or oils, as required by the applicable state and/or federal regulations.

G. All vehicles shall be repaired and removed from the premises within 90 days.

H. The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.

§ 245-14.69 Vehicle, mobile/manufactured homes or trailer sales lot.

A. No vehicle, mobile/manufactured home or trailer or display shall occupy any part of the existing or future street right-of-way, required parking area, or required buffer area.

B. All vehicle, manufactured/mobile home sales lot shall be screened from adjoining residentially zoned properties as provided by § 245-16.5 of this chapter and the Upper Allen Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 220.

§ 245-14.70 Vehicle washes.

A. All structures housing washing apparatus shall be set back at least 50 feet from the front street right-of-way line and 25 feet from any side property line.

B. Trash receptacles must be provided and routinely emptied to prevent the scattering of litter.

C. Each washing bay shall provide a forty-foot-long on-site stacking lane.

D. Direct access shall be provided from a minor arterial or collector road.

E. Public water and sewer shall be provided.

§ 245-14.71 Wholesaling, storage and warehousing.

A. The facility shall front on and gain direct access to a minor arterial or collector road, as designated in the Upper Allen Township Comprehensive Plan, as amended.

B. Under no circumstances shall access to the terminal be through a residential neighborhood.

C. The applicant shall furnish a traffic study prepared by a professional traffic engineer in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. A traffic study shall be submitted by the applicant in accordance with the Upper Allen Township Subdivision and Land Development Ordinance. The traffic study shall include at a minimum the following study elements:

(1) A study of the internal traffic patterns in the off-street parking area to ensure the safe movement of traffic for pedestrians and vehicles and convenient access to the development.

(2) Specific documentation of anticipated truck volume, including data collected at locally comparable sites.