Township of Springfield, PA Article V Supplementary Regulations

§ 425-55 Nonconforming uses and structures.

The following provisions shall apply to all nonconforming uses and structures. It is the intention of the Township that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as in compliance in this article.

A. Any nonconforming use may be changed to a use of the same or a more restrictive classification (such as a conversion from industrial use to commercial use). The conversion of a nonconforming use to another nonconforming use shall be regarded as a conditional use. In considering this conditional use, the Supervisors may add reasonable additional conditions and safeguards.

B. Any nonconforming structure or use which has been damaged or destroyed by fire or any other means may be reconstructed and used as before, if intent to rebuild is expressed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Supervisors, a reconstructed structure may exceed its original lot coverage and cubic content, but must meet the minimum yard requirements of the district in which the structure is located. The process for reviewing such a reconstruction shall be consistent with that for land developments under Article IV of the Pennsylvania Municipalities Planning Code[1] and the regulations of Chapter 370, Subdivision and Land Development.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

C. In the event that any nonconforming use voluntarily ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter. A nonconforming use that is converted to a conforming one may not revert to the previous nonconformity.

D. With approval of the Zoning Officer, the nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter.

E. A nonconforming use may, with the approval of the Board of Supervisors, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located. The expansion of a nonconforming use under this section shall be regarded as a land development pan under Article IV of the Pennsylvania Municipalities Planning Code[2] and Chapter 370, Subdivision and Land Development.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

F. Standards for change, conversion, or expansion of nonconforming uses, whether by a land development plan or conditional use:

(1) If the nonconforming use is a residential nonconformity, no expansion will result in a greater number of dwelling units.

(2) The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located.

(3) The Township may limit the hours of operation as a reasonable condition and safeguard.

(4) The expansion will not increase any unscreened outdoor storage area.

(5) The Township may require screening to mitigate any effect upon surrounding properties.

G. A single-family dwelling unit that is a nonconforming structure because a portion of it encroaches upon a required yard area may expand in a manner that only continues that degree of encroachment, and it does not further encroach into the required yard.

H. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter.

I. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification or the allowed uses of any district change, this article shall also apply to any uses that thereby become nonconforming.

§ 425-56 Existing lots of record.

Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter; however, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this chapter, the request for a permit shall be referred to the Township Supervisors. The Supervisors may require replatting to fewer lots, which would comply with the minimum requirements of this chapter.

§ 425-57 Application of yard regulations and accessory structures and uses.

A. Special yard regulations for the VR Village Residential District.

(1) Front yard averaging. In the VR Village Residential District, where a structure exists on an adjacent lot and is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lots, and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures.

(2) Alternative side and rear yards. In the VR Village Residential District, where the applicant does not own sufficient land on the lot or a separate abutting lot to expand and remain within the standards for the District as expressed in Table 425-18, the alternative side standard may be equal to the distance that the principle structure on the abutting lot is from the applicant's property line. However, the alternative standard shall not result in any improvement that places an accessory building closer than five feet from the side property line, or a dwelling closer than 10 feet from the property line. In such cases, rear yards may be reduced to 15 feet for a dwelling and 10 feet for an accessory structure of any size.

B. Accessory buildings. All accessory buildings or structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards, except as noted in Subsections C through F below.

C. Walls and fences. A wall or fence under eight feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard. Retaining walls and fences required for screening under this chapter are not subject to the eight-foot high limitation. Fences may be permitted in front yard areas, provided they are no higher than four feet and do not impinge on the required free sight triangle at intersections. Fences for safety purposes or containment of livestock that do not block public road or driveway lines of site are exempt from these provisions.

D. Swimming pools. Swimming pools shall be permitted in yard areas, provided that the pool is located not less than 10 feet from lot line. All swimming pools shall be enclosed by a permanent fence at least four feet in height. Above-ground pools may use a combination of sides and screen to reach the required height.

E. Garden/storage sheds. Small garden sheds, storage sheds and similar structures may be permitted in yard areas, provided such structure does not exceed 1,000 square feet and lies no closer than 15 feet to an abutting lot line.

F. Unattached accessory structures for single-family residential dwellings. A single-story accessory structure of 1,000 square feet or less, which is not attached to the principal structure on the lot by means of common wall or connecting permanent roof, may be erected within one of the side yards or within the rear yard in accordance with the following requirements:

(1) Front yard: 40 feet.

(2) Side yard [interior lot]: 15 feet.

(3) Side yard [lot abutting two public streets]: same as for principal structure.

(4) Rear yard: 15 feet.

(5) Not closer to a principal structure than 10 feet.

G. Attached accessory structures. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

H. Special regulations for special event barn/venue, accessory use. All such structures shall conform to § 425-54.4, Special event barn/venue.

[Added 3-2-2021 by Ord. No. 1-2021]

§ 425-58 Temporary structures and uses.

A. Temporary trailers.

(1) Temporary construction trailers placed in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for such temporary structures shall be issued for a six-month period and may be renewed while construction is in progress. Temporary structures are subject to all use and setback requirements.

(2) Additional regulations for temporary housing. If mobile homes are proposed as temporary worker housing during any construction or development project, the following standards shall be met:

(a) The number of mobile homes proposed shall be clearly identified and their location approved by the Township.

(b) Water supply and waste disposal shall meet all applicable standards.

(c) Mobile homes for temporary housing shall be emplaced on a site for a period of no greater than six months.

(d) All mobile homes shall be removed within 30 days of completion of initial construction or development.

(e) No temporary mobile home shall be placed within 200 feet of a property line.

(3) Portable storage units, portable carports, and similar portable structures are permitted on all lots provided they meet the setbacks for the zoning district, based upon the size of the structure, as detailed in § 425-57. Such setbacks are not applicable to a portable storage unit parked for a period of less than 15 days for the purposes of moving household goods.

B. Parking, major recreational equipment. The outdoor storage of major recreational equipment, including, but not limited to, travel trailers, motor homes, tent trailers, pickup campers (designed to be mounted on automobile vehicles), boats and boat trailers as an accessory activity to a dwelling activity shall be permitted subject to the following requirements: Equipment must be registered to the owner or resident of the dwelling unless kept for a period of 30 days or less. Such equipment shall be stored in compliance with the following yard or setback requirements:

(1) Front yard: 25 feet.

(2) Side yard: six feet.

(3) Rear yard: five feet.

(4) On a corner lot (reverse frontage lot), the front yard requirement of 25 feet shall be applicable on two lot faces.

(5) No permit is required for keeping major recreational equipment on lot when accessory to a dwelling and compliant with setbacks.

C. Tent, truck and temporary retail sales.

(1) Tents erected for community or family events, auctions or residential yard and garage sales are exempt from this section, provided that temporary structures are removed within five days of erection. However, no such exempt tent or truck shall block any vehicular line of site on a public street. Where the proposed tent or truck used for retail sales or other temporary sales event will remain in place for more than five days, a zoning certificate for a temporary use must be obtained.

(2) The applicant shall show the location of all temporary signs emplaced in conjunction with the sale, and pay a deposit in an amount established by the Township fee resolution to ensure all signs are removed upon conclusion of the sale.

(3) If the property owner is not the sponsor of the sales event, the applicant shall have written permission of the property owner.

(4) No part of any operation shall be located within any required yard or setback.

(5) Mud and dust free parking shall be provided, adequate to the proposed size and use of the tent, truck, or other temporary sales structure.

(6) The event shall not impede or adversely affect vehicular or pedestrian traffic sight distance, flow or parking maneuver. The driveway shall be clearly delineated and, if necessary, show any PennDot approval and/or adequate site distance.

(7) Unless clearly accessory to another retail operation, the maximum duration of any tent or other temporary retail sale shall be 14 calendar days. No tent sale shall be held upon the same property for 30 days after said event, unless conditional use approval as a flea market is obtained.

(8) The applicant shall have sufficient secure trash receptacles on site for all waste generated by the retailer or anticipated customer use.

(9) All signs, merchandise, equipment used in such sales, and all debris and waste resulting from a temporary sale shall be removed from the premises within three days of the termination date of the permit.

§ 425-59 Height limitations.

A. When the following conditions are met, height limits may be increased:

(1) Structure height in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than 10 additional feet.

(2) The following structures are exempt from height regulations, provided they do not constitute a hazard: church spires, chimneys, elevator bulkheads, smokestacks, conveyors, flagpoles, agricultural barns, silos and similar farm structures, standpipes, elevated water tanks, derricks and similar structures.

B. However, for the above structures, all yard and setback requirements must be met; in addition, any structure with a height in excess of 50 feet will be first referred to the Springfield Township Volunteer Fire Department for review and comments relative to public safety considerations. Such comments shall be considered by the Board of Supervisors as part of a land development application pursuant to Chapter 370, Subdivision and Land Development.

§ 425-60 Performance standards.

No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious, or noxious to any other property or person in the Township. Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements:

A. Fire protection. Fire protection and fighting equipment acceptable to the NFPA shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

B. Electric disturbance. No activity shall cause electrical disturbances adversely affecting radio, television or other communications equipment in the neighboring area.

C. Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes.

D. Odors. In any district, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

E. Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted, which is harmful to health, or to animals, vegetation or other property.

F. Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

G. Erosion. No erosion by wind or water shall be permitted, which carries objectionable substances onto neighboring properties.

H. Water pollution. No permit shall be issued until all applicable wastewater, stormwater or erosion/sedimentation control permits have been obtained.

I. Burning. To further protect property from noxious and malodorous nuisances and provide for protection, outdoor open burning of any paper, brush, refuse, or similar material is prohibited in the C-1 Commercial District.

§ 425-61 Off-street loading and parking.

Off-street loading and parking space shall be provided in accordance with the specifications in this section in all districts, whenever any new use is established or an existing one is enlarged.

A. Off-street loading. Every use listed in the following table shall provide off-street loading berths in accordance with its size. Berths may be within access lanes, provided that they will not block parked cars.

Use	First Berth	Additional Berth(s) Per Each Additional Increment
Institutional Uses
Schools	10,000	50,000
Hospitals, nursing homes, personal care homes, auditoriums and arenas	50,000	100,000
Commercial Uses
Convenience store/service station	5,000	40,000
Eating and drinking place	40,000	50,000
Retail sales/shopping centers	40,000	50,000
Hotels	50,000	100,000
Industrial Uses
Light manufacturing	10,000	50,000
Heavy manufacturing, wholesale, warehouses, truck terminals	5,000	10,000

Note: All figures are given in gross square feet of floor area for each listed use

B. Size and access. Each off-street loading space shall be not less than 10 feet in uniform width and 65 feet in length. It shall be so designed so the vehicles using loading spaces are not required to back onto a public street or alley. Such spaces shall abut a public street or alley or have an easement of access thereto.

C. Off-street parking.

(1) Size and access. Off-street parking spaces shall have an area determined by their use. Each space shall have a uniform area of 162 square feet, being at least nine feet wide and 18 feet long. These uniform sizes shall be exclusive of access drives or aisles, and shall be in usable shape and condition. Except in the case of single-family dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets. Where an existing lot does not abut on a public or private street, alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be consistent with requirements for private streets in Chapter 370, Subdivision and Land Development. Access to off-street parking areas shall be limited to well-defined locations, and in no case shall there be unrestricted access along a street.

(2) Off-street parking lot design. All off-street parking lots shall be designed in accordance with standards within Chapter 370, Subdivision and Land Development.

(3) Number of parking spaces required. The number of off-street parking spaces required is set forth in Table 425-61C. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply. If no similar uses are mentioned, the parking requirements shall be one space for each two proposed patrons and/or occupants of that structure. Where more than one use exists on a lot, parking regulations for each use must be met, unless it can be shown that peak times will differ.

(4) Location and parking. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and the Board finds that it is impractical to provide parking on the same lot with the principal use.

(5) Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on any side which adjoins a residential district (see definition of "screening") or use. In addition, there shall be a planting strip of at least five feet between the front lot line and the parking lot. Such planting strip shall be suitably landscaped and maintained.

(6) Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property line containing a dwelling, residential district, school, hospital, or similar institution.

(7) Surfacing. With the exception of single-family and two-family dwellings, all parking and loading areas and access drives shall have a dust-free surface, graded with positive drainage to prevent the flow of surface water onto neighboring properties. Parking areas larger than 10,000 square feet shall submit a plan, including drainage provisions, to the Township for approval. Lots shall be designed to provide for orderly and safe loading and parking.

(8) Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district or use and away from roads or highways.

[Amended 3-2-2021 by Ord. No. 1-2021]

Table 425-61C
Parking Spaces Required
Use	Parking Spaces Required
Residential Uses
Single-family dwellings	2 per dwelling unit
Family and group day care	2 spaces for the dwelling and at least 1 additional space
Multifamily dwellings	2.5 per dwelling unit, unless limited to persons over the age of 55, or 1 bedroom units, then 1.5 spaces per dwelling unit
Mobile home parks	2 per dwelling unit
Institutional Uses
Churches, auditoriums, indoor assembly	1 per each 3 seats or 1 per each 4 persons permitted in maximum occupancy
Stadiums, sports arenas and places of outdoor assembly	1 per each 6 seats or 1 per each 4 persons permitted in maximum occupancy
Schools	1 per each teacher and staff, 1 for each 4 classrooms plus 1 for each 2 students age 16 and over
Nursing homes and personal care homes	1 per each staff on the largest shift, plus 1 per each 4 beds
Hospitals	1 per each staff on the largest shift, plus 1 per each bed
Commercial Uses
Auto sales and service, trailer sales, and similar outdoor sales	1 per 5,000 square feet developed lot area for vehicle display and 1 per 300 square feet customer service area; to a required maximum of 30 designated customer parking spaces
Day-care centers	1 space for every 8 children under care and 1 space for each employee on shift
Convenience store/service stations	1 per 200 square feet gross floor area
Hotels/motels	1 per guest room plus 1 per each employee on the largest shift
Funeral homes and mortuaries	25 for the first parlor or viewing room, plus 10 per each additional viewing room
Indoor commercial recreation	1 per each 3 persons in maximum occupancy
Outdoor commercial recreation	1 per each 2,500 square feet of lot area developed and used for the recreational activity
Medical and dental offices	8 spaces per doctor plus 1 per each employee
Professional offices and banks	1 per each 250 square feet of gross floor area
Furniture stores, building material and supply yards	1 per each 800 square feet of gross floor area
Eating and drinking places	1 per each 2.5 patron seats
Retail stores/shopping centers	1 per each 400 square feet of gross floor area
Fast food, drive-through eating and drinking	1 per each 2 patron seats
Recreation campgrounds	2 per campsite
Banquet/conference center	1 per each 3.5 seats in areas with fixed seating plus 1 per each 100 square feet of assembly or display space without fixed seats plus 1 per each 2 employees on peak shift
Medical marijuana dispensary	1 for each 200 square feet of gross floor area
Special event barn/venue	1 per 250 square feet of gross floor area
Solar energy facility	1 space per employee
Industrial Uses
Business parks, light manufacturing, heavy manufacturing, truck terminals and warehouses	1 per each employee on largest shift, plus 1 visitor space per each 10,000 square feet gross floor area
Agricultural Uses
Medical marijuana grower/processor	1 space per employee, plus 2 spaces

§ 425-62 Signs.

The following sign regulations shall be observed in all districts: It is not the purpose of this section to abridge commercial or noncommercial free speech. The purpose of these regulations is to ensure that the time, place, and manner of sign placement within the Township is conducted with regard to the safety of motorists and pedestrians (especially in avoiding distractions or confusion in high traffic areas), access to light and air by neighboring properties, and avoidance of negative impact upon neighboring properties, including unnecessary glare.

A. Exempt signs. The following types of signs are permitted in all zoning districts, and are exempt from permitting requirements, but not from performance standards relative to traffic safety or overall sign limitations of any specific sign type or district.

(1) Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided such sign shall not exceed 32 square feet in area and shall be removed within 10 days upon the completion of the campaign, drive or event.

(2) Temporary signs erected in connection with announcing the development or proposed development of the premises or property, provided that the area of any such sign shall not exceed 32 square feet. Not more than one such sign shall be placed on property held in single and separate ownership unless the property fronts on more than one street, in which case one such sign shall be permitted on each separate street frontage. Such signs shall be removed within 10 days after the development has been completed and/or the last structure occupied. No such sign may be erected until all subdivision and land development approvals have been obtained.

(3) Political signs announcing candidates seeking public office, a referendum, or similar political speech.

(4) Religious symbols or displays or messages, and holiday displays or messages with no commercial content.

(5) The flag of the United States, Commonwealth of Pennsylvania, Mercer County, or any state or nation.

(6) Signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed 10 square feet and not more than one such sign shall be placed on the property unless the property offered is of greater than 10 acres. In such cases, such signs may be of up to 32 square feet in size, and one may be placed for each 600 feet of road frontage.

(7) Signs directing or advertising patrons to auctions, or garage or yard sale signs, provided that they do not exceed four square feet, are placed on site no more than seven days before the event, and are removed as soon as the event or activity has occurred.

(8) Directory signs which list all the occupants of a multi-tenant or multiple-family building, or buildings in a multi-building development; provided, that the area of such signs does not exceed 1/2 square foot per tenant or two square feet per individual building.

(9) Temporary signs of contractors, developers, architects, engineers, builders, and artisans, erected and maintained on the premises where the work is being performed, provided that the area of such sign shall not exceed 16 square feet in any residential district and 32 square feet in all other districts. Such signs shall be removed upon completion of the work.

(10) Any signs not visible from outside a lot or building.

(11) Displays of time and temperature, including electronic displays with no other content.

(12) Restroom, exit, public telephone, handicapped parking or access, and similar directional or informational signs emplaced for the benefit of the public or building tenants.

(13) "No trespassing" signs, signs indicating the private nature of a road, driveway or premises, signs controlling hunting or fishing on the premises, limiting access or prohibiting solicitation, provided that the area of each such sign shall not exceed six square feet.

(14) Signs advertising the sale of agricultural products by farms and roadside produce stands. Such signs shall be removed within 10 days of the cessation of sales.

(15) House and address numbers, home occupation or nameplate signs displaying the name and address of the occupant or the profession or activity of the occupant of a dwelling unit, provided that not more than one such sign shall be erected for each permitted use, and provided that the area of each such sign shall not exceed four square feet and may not be illuminated.

(16) Memorial signs or tablets denoting the date of erection of a building.

(17) Temporary signs announcing the birth of a child, birthday commemoration, marriage, graduation, or similar event in the life of a householder shall be permitted, provided such signs do not exceed 32 square feet and are removed as soon as the event or activity has occurred.

(18) Any sign warning of a hazard that contains no other information or commercial content.

(19) Signs erected by the Township or an authorized entity that serve to provide directions and explanations for public recreational purposes and facilities, for dedication/memorial purposes, and to mark and explain historical events, persons or structures. Such signs shall not exceed 16 square feet in area. Such signs may include the names or logos of businesses or individuals who have sponsored a public improvement or general support of such facility.

(20) Traffic signs and similar regulatory notices placed by a duly constituted governmental body.

(21) Signs erected for the purpose of scoring or sponsoring an athletic event taking place upon the site, which may include electronic scoring devices and names and or logos of sponsors of the sign, provided there is no illumination of the sign at times when the activity is not taking place.

B. Performance standards. Except where specifically noted, all signs shall adhere to all performance standards.

(1) Unless specifically exempted by Subsection A of this section, a permit must be obtained from the Township for the erection or alteration of all signs. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accord with all the other provisions of this chapter and other applicable codes.

(2) No signs shall be permitted within public rights-of-way, except PennDOT-approved traffic signs and devices; signs and banners specially approved by the Township for decoration or promotion of community events and activities; signs not exceeding nine square feet, placed temporarily to advertise the sale of real estate or a yard sale; political signs not exceeding nine square feet, placed temporarily; signs not exceeding nine square feet, placed temporarily to provide notice of or direction to a civic philanthropic, political, educational, or religious event or activity, or other signs specifically permitted under Subsection D of this section (projecting business signs). The Township may require proof of insurance for any sign within a Township right-of-way.

(3) No person shall construct, erect, place, use or permit the use of any permanent or temporary sign or sign structure on private or public property except for the property owner or tenant, or a person with the express written consent of the property owner.

(4) Construction and maintenance. All signs shall be constructed in a workmanlike fashion using durable materials. Signs shall be designed and constructed to withstand wind forces and in accordance with appropriate mechanical or electrical standards. The owners of signs shall keep them in safe and good repair. Signs which become deteriorated or otherwise present a public hazard shall be removed or repaired by the sign's owner. If the owner of a sign cannot be found or identified, the owner of the property whereon the sign is located shall be responsible for its repair or removal.

(5) No sign structure may block a vehicular line of sight for a driveway, access lane, or public street, or be placed at any location where, by its position, shape, or color, it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device. Sign structures erected directly upon the ground within 15 feet of any vehicular driveway or street intersection shall have at least three feet six inches of clear space between such sign and the ground; however, necessary supports may extend through such open space.

(6) No signs shall be permitted which are posted, stapled, or otherwise attached to public utility poles or trees.

(7) Nonconforming signs, once removed, shall be replaced only with conforming signs. Nonconforming signs may be repainted or repaired, providing such repainting or repairing does not exceed the dimensions of the existing sign.

(8) Illumination. Except as specifically provided for electronic signs granted by conditional use, no sign shall employ intermittent light, electronic or movable text, strobes, or other animations that may serve to distract motorists or abutting homeowners.

(a) Lighting for signs shall not create a hazardous glare for pedestrians or vehicles, either in a public street or on any private premises.

(b) Except as specifically provided for electronic signs granted by conditional use or the use of diffused neon, the light source, whether internal to the sign or external, shall be shielded from view.

(c) Sign illumination for externally illuminated signs shall utilize focused light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto any public right-of-way or adjoining property.

(d) All electrical connections shall be shielded by underground or overhead electrical wires which meet all relevant codes. No temporary signs shall be illuminated by direct means.

C. Sign permit application.

(1) All application for signs as required under this section shall be on a form obtained from the Zoning Officer and shall include at a minimum:

(a) Type, area, and number of signs proposed.

(b) Type of illumination proposed (if permitted), including the luminance proposed and direction of lighting. This shall also be depicted upon a map that illustrates the distance to any occupied dwelling or another zoning district.

(c) For freestanding signs, a sketch showing the placement of the sign in relation to all driveways, vehicular rights-of-way, and cartways. The developer shall submit current sight distances before and after erection of the sign, with sufficient information to show that sight distances shall not be reduced.

(d) An elevation sketch showing the relationship of the sign to the building, grade, all driveways, vehicular rights-of-way, and cartways.

(e) The vehicular speed limit of traffic on all streets from which the sign would be visible, and estimated motorist reaction time (unless the previous sketches clearly indicate that the sign is oriented towards pedestrian traffic). This should be based upon The United States Sign Council On-Premise Signs Guideline Standards, 2003 edition (or most current edition).

(f) A photograph or graphic rendition of the proposed sign copy, including all symbols, letters, and graphic elements shown to scale and all structural elements intended to anchor the sign.

(2) The Township must specifically approve signs within public rights-of-way. In the case of temporary signs, the Zoning Officer or his designee shall review the application and grant approval if all applicable standards of this chapter are met. In the case of permanent signs, the Zoning Officer shall refer the application to Township Supervisors, who may refer the application for advice to the Planning Commission or any similar advisory committee.

D. Sign regulations for each zoning district. Unless limited by conditional use, special exception or any other specific design standards, the number, aggregate area, individual dimensions, and height limitations of signs permitted shall be consistent with the Table 425-62D – Sign Regulations.[1] Buildings or properties with multiple businesses may have one additional sign per each additional business located within the building or property; however, all individual signs must remain within both the limit of the number of individual signs, aggregate signage as permitted, and dimensional limits of Table 425-62D – Sign Regulations.

(1) For the A - Agricultural and VR Village Residential Districts, aggregates shall be calculated based upon per-lot basis, but there is only one freestanding sign permitted per lot.

(2) Aggregates for the C-1 Commercial and CR-2 Commercial and Residential Districts shall also be based upon a per-lot basis, except that each additional business tenant on a lot may have additional wall, facade, or projecting signs of up to 150 square feet per tenant.

(3) Retail sales or services within buildings of greater than 35,000 square feet GFA with multiple entrances may have one additional wall or facade sign per each public entrance. These signs are permitted for the express purpose of directing patrons to the proper entrance, and messages shall be limited to a description of product lines or services available within said entrance. The maximum size of each such sign shall be 24 square feet.

(4) All signs shall be located upon the property upon which the good or service advertised is offered, unless approved as a billboard, or directional sign. Directional signs of no greater than six square feet for one business, or nine square feet if shared by two businesses, which direct patrons to location or activity in the Township or an abutting municipality shall not be regarded as billboards, but as a permitted use in all districts except VR-1, provided that such signs are placed with the explicit written permission of the property owner.

[1] Editor's Note: Table 425-62D – Sign Regulations, is included as an attachment to this chapter.

E. Temporary and window signs.

(1) Temporary signs shall be permitted in building windows and shall not require a permit.

(2) Temporary business signs, such as vinyl banner signs, are also permitted as accessory to all business uses, and do not require a permit. However, such signs remain subject to all setback requirements for business signs, and may not exceed 32 square feet in size. No banner shall remain in place for more than 30 continuous days or 120 total days per calendar year.

(3) In the C-1, CR-2 and VR Districts, temporary sandwich board signs of up to four square feet in area are permitted during the hours the business is open.

(4) Permanent window signs. Permanent window signs are permitted in the C-1, CR-2, and VR Districts by right without a permit, provided no more than 50% of each window surface and 25% of all building windows include such signs. Such permanent window signs do not count towards the aggregate square footage of signs per district.

(5) Institutional uses (including churches, schools and nursing homes) may have one changeable copy sign of no greater than 32 square feet, either permanently attached to a building or as a freestanding sign.

F. Electronic signs.

(1) The inherent characteristic of electronic signs is their flexibility. The frequently changing messages coupled with their characteristic brightness can create an undue distraction to motorists. Signs with video, LED displays, or similar electronic changeable copy messages are permitted as a conditional use only in the C-1 Zoning District. No electronic sign may function as billboards, as defined by this chapter, and messages are limited to services, goods, or products available on site.

(2) The subtype of electronic signs shall be identified in accordance with definitions provided for in this chapter. The developer shall submit a programming plan that shows any proposed use of animations, length of exposure for any message, and transition time or proposed effects between individual messages. This shall include estimated motorist reaction time to proposed messages and symbols, based upon the United States Sign Council's On-Premise Signs Guideline Standards, 2003 edition or later. For planning purposes, the developer should assume all driving environments in the C-1 Districts within the Township are "complex" as defined in the guideline standards, except for multilane roads (such as Route 208), which should be considered as such. The Township may establish limits upon use of any special effects, transitions, or length of message exposure as a reasonable additional condition and safeguard to the conditional use.

(3) Electronic signs may be freestanding, facade, or wall sign. Such signs shall meet all size, area, and setback limitations for the district for which it is proposed. The size of an electronic sign shall be calculated based upon the surface dimensions that have the ability to display a symbol or message. An electronic sign shall be considered and included for the purposes of calculating the total number of signs permitted upon premises.

(4) Setback from other electronic changeable copy, electronic graphic display or video display signs. Electronic signs must be separated from other electronic signs by at least 600 feet. No more than one electronic sign is permitted per each road frontage, regardless of how many tenants occupy that lot.

(5) Orientation. When located within 150 feet of an occupied residential dwelling or the VR Village Residential District, all parts of the electronic changeable copy sign must be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot.

(6) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with an electronic sign.

(7) The developer shall show compliance with all applicable regulations of the Pennsylvania Department of Transportation for any proposed sign abutting a state highway.

(8) All multivision signs shall have a transition time between sign faces of no more than two seconds.

(9) The developer shall show the ability to meet illumination standards under § 425-62B(8) of this chapter. Developer shall present material detailing any differences in proposed LED light as compared to standard light measurement.

G. Billboards. Billboards are limited to the A - Agricultural and IS Industrial Special Districts. They shall be permitted only as a conditional use, provided the following standards are met:

(1) No more than one billboard may be emplaced upon any single parcel. A billboard may be placed upon a property containing another business use, but the number of any other signs upon the property will not be used in calculating the total size of the billboard permitted.

(2) No billboard, as defined by this chapter, may be placed within 1,200 feet of another billboard.

(3) Billboards shall not be placed within 250 feet of any residence, church, public or accredited private school, or any area zoned VR Village Residential.

(4) Billboards shall not be placed within 250 feet of any road intersection, or at a curve or at any place where vehicular line of sight could be partially or completely obstructed.

(5) No billboard may be placed within 25 feet of any public road or street right-of-way.

(6) The applicant shall show evidence of compliance with all applicable regulations of the Pennsylvania Department of Transportation.

(7) Each billboard may have up to two distinct areas for placement of advertising, but the total area of sign messages upon any billboard shall not exceed 672 square feet. The area of sign shall not include structural elements below the sign, unless they are obviously designed to be part of the sign message. The maximum silhouette of any billboard shall also not exceed 672 square feet.

Billboard Example Sketches (For Reference Only)

§ 425-63 Flood hazard areas.

The Township of Springfield has adopted an ordinance regulating development within floodplains. All development within designated areas is required to follow the regulations contained in said ordinance.[1]

[1] Editor's Note: See Ch. 194, Floodplain Management.

§ 425-64 Steep slope areas.

Any building or construction of a dwelling upon slopes of more than 25% must be submitted on a plan prepared by a registered engineer or architect showing how the development will treat the slope problem. The Zoning Officer shall refer the plan to the Township Engineer or a consulting engineer for review and advice before issuing any permit.

§ 425-65 Oil and gas operations.

Introduction. In order to implement Section 603(i) of the Pennsylvania Municipalities Code,[1] which requires provision for the reasonable development of minerals in each municipality, and recognizing that minerals are defined by the same code as including crude oil and natural gas, Springfield Township has established the following as reasonable regulations upon oil and gas operations. The Township recognizes that while oil and gas operations have industrial or quasi-industrial characteristics, this activity can only occur in reasonable proximity to where such mineral resources are located.

A. Definitions. As used in this section, the following terms shall be interpreted or defined as follows. Where there is a conflict between a definition in this section and definition contained in Article VIII, the more specific definition of this section shall apply:

APPLICANT

Any person, operator, partnership, company or corporation, including their subcontractors and agents, who has an interest in oil and gas development in the Township.

CENTRALIZED IMPOUNDMENT

A facility designed to hold fluids or semifluids associated with oil and gas activities, including wastewater, flowback and mine influenced water, the escape of which may result in air, water or land pollution or endanger persons or property, constructed solely for the purpose of servicing multiple well sites.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

EXISTING BUILDING

An occupied structure with walls and a roof, within which individuals live or customarily work. This definition includes only structures which are occupied at the time of an application for oil and gas operations, but "occupied" shall include temporarily vacant structures that are for sale or lease.

IMPOUNDMENT AREA

An earthen depression, excavation, pit or facility situated in or upon the ground, used to store water or other fluids related to oil and gas operations.

NATURAL GAS COMPRESSOR STATION

A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells, operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.

NATURAL GAS PROCESSING PLANT

A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.

OIL AND GAS

Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane, natural gas liquids and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through and below the surface of the earth.

OIL AND GAS DEVELOPMENT

The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. This definition does not include natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions.

OIL OR GAS WELL SITE

A site that consists of the area occupied by the facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling, production or operation of an oil or gas well.

STRIPPER WELL

An unconventional gas well incapable of producing more than 90,000 cubic feet of gas per day during any calendar month, including production from all zones and multilateral well bores at a single well, without regard to whether the production is separately metered.

TOWNSHIP

The Township of Springfield, Mercer County, Pennsylvania.

UNCONVENTIONAL FORMATION

A geological shale formation, existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval, where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.

UNCONVENTIONAL GAS WELL

A bore hole drilled or being drilled for the purpose of, or to be used for, the production of natural gas from an unconventional formation. The term shall also include wells that utilize hydraulic fracture treatment through a single vertical well bore and produce natural gas in quantities greater than that of a stripper well.

B. Oil and gas operations are permitted in the Township only as consistent with the requirements of Table 425-65B.

Table 425-65B
Use Requirements
Use	A - Agricultural District	IS Industrial Special District
Conventional gas well	Permitted use	Permitted use
Unconventional gas or oil well	Conditional use	Conditional use
Natural gas compressor station	Conditional use	Conditional use
Natural gas processing plant	Conditional use	Conditional use
Centralized impoundment	Not permitted	Conditional use shall meet all applicable standards of § 425-47

C. Dimensional requirements. No oil or gas development shall be permitted on a parcel of less than 15 acres. All the additional dimensional requirements of Table 425-65C are also required where applicable.

Table 425-65C Dimensional Requirements
Use	A - Agricultural District	IS Industrial Special
Conventional gas well	Must be set back from all public rights-of-way and property lines by at least 100 feet	Must be set back from all public rights-of-way and property lines by at least 50 feet
Unconventional gas or oil well	Must be set back from all public rights-of-way and property lines by at least 300 feet Shall not encroach to within 750 feet of any C-1, CR-2 or VR District Well pad must be placed at least 500 feet from any existing building	Must be set back from all public rights-of-way and property lines by at least 300 feet Shall not encroach to within 500 feet of any C-1, CR-2 or VR District Well pad must be placed at least 500 feet from any existing building
Natural gas processing station	Must be set back from all public rights-of-way and property lines by at least 500 feet No natural gas processing plant shall be located within 2,000 feet of the boundary of a C-1, CR-2 or VR Zoning District, or 1,000 feet of an occupied building on an adjoining parcel
Natural gas compressor station	Must be set back from all public rights-of-way and property lines by at least 500 feet No natural gas compressor station shall be located within 1,000 feet of the boundary of a C-1, CR-2 or VR Zoning District, or 500 feet of an occupied building on an adjoining parcel
Centralized impoundment	Must be set back from all public rights-of-way and property lines by at least 500 feet

D. Permit requirement and application.

(1) No oil and gas development shall be undertaken in the Township unless the use has been approved as a conditional use. The application shall be submitted together with a fee established by resolution, and shall contain the following information:

(a) A narrative describing an overview of the project, including the number of acres to be involved, the number of wells to be drilled, the location of all structures and a description of equipment to be used, to the extent known.

(b) A narrative describing the project as it relates to existing or anticipated natural gas compressor stations or natural gas processing plants.

(c) The address of the oil or gas well site, natural gas compressor station or natural gas processing plant to be provided to emergency responders.

(d) Contact information of the individual or individuals responsible for the operation and activities at the oil and gas development shall be provided to the Township and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Township and all emergency responders.

(e) A location map of the oil and gas development showing the approximate location of drilling rigs, equipment and structures and all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the development and use of the site. Such location shall be configured to allow the normal flow of traffic on public streets to be undisturbed.

(f) A location map of the natural gas compressor station or natural gas processing plant, including any equipment and structures and all permanent improvements to the site.

(g) A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the oil and gas development.

(h) Certification satisfactory to the Township that, prior to the commencement of oil and gas development, the applicant shall have accepted and complied with any applicable bonding and permitting requirements, and shall have entered into a Township roadway maintenance and repair agreement, in a form acceptable to the Township solicitor, regarding the maintenance and repair of affected Township streets.

(i) A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities, and the applicant's assurance that such streets will be promptly swept or cleaned of dirt, mud and debris occurring as a result of applicant's usage.

(j) Certification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Township and all emergency responders. The applicant shall maintain at the well site and on file with the Township a current list and safety data sheets (SDS) for all chemicals used in the applicant's operations.

(k) Certification that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Township and all emergency responders the dated revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.

(l) Assurance that, at least 30 days prior to drilling, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all emergency responders. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.

(m) Copies of the documents submitted to the Department regarding environmental impacts of the project, or, if no documents have been submitted to the Department, a narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts, as well as copies of all permits issued by appropriate regulatory agencies or authorities relating thereto.

(n) Copies of all permits and plans from the appropriate regulatory agencies or authorities issued in accordance with applicable laws and regulations for the proposed use.

(2) Within 15 business days after receipt of an application and the required fee, the Township will determine whether the application is complete and shall advise the applicant accordingly.

E. Design and installation requirements. An oil and gas development, where allowed as a use by conditional use, shall comply with this chapter and all pertinent provisions of this Code and ordinances, including, but not limited to, Chapter 370, Subdivision and Land Development, Chapter 358, Stormwater Management, as applicable, except as preempted by federal or state law. In addition, the following design and installation requirements must be adhered to:

(1) No oil or gas well site shall have access solely through a local street, whenever possible. Whenever possible, access to the oil or gas well site should be from an arterial or collector street, as defined by the Township Comprehensive Plan, PennDot classification, or local road ordinance.

(2) Permanent structures associated with oil and gas development, both principal and accessory, shall comply with the height regulations for the zoning district in which the development is located.

(3) Height restrictions for a zoning district are not applicable for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well and in no case may it exceed six months.

(4) The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the zoning district in which the oil or gas well site is located.

(5) Twenty-four-hour on-site supervision and security shall be provided by the applicant during the oil and gas drilling and redrilling operations.

(6) Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence at least six feet in height, equipped with lockable gates at every access point and having openings no less than 12 feet wide, shall be promptly installed at the oil or gas well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.

(7) Warning signs shall be placed on the fencing surrounding the oil or gas well site, providing notice of the potential dangers and the contact information in case of an emergency.

(8) Emergency responders shall be given means to access oil or gas well sites in case of emergency.

(9) In the development of oil or gas well sites, the natural surroundings should be considered and attempts made to preserve existing trees and other native vegetation.

(10) Lighting at the oil and gas well development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings.

[1] Editor's Note: See 53 P.S. § 10603(i).

§ 425-66 Nonresidential performance standards in the CR-2 District and VR District.

Because the CR-2 is established specifically to provide for both commercial and residential development in a semirural, high-quality setting, the following development standards must be observed by all commercial or retail uses.

A. All property lines which abut a VR Village Residential District or preexisting residential uses within 300 feet of the property line shall maintain one of the following buffer yard types:

(1) A fifty-foot wide buffer yard of vegetation sufficient to provide opaque screening during six months of the year. This buffer yard shall maintain the existing natural vegetation unless insufficient for screening or of species generally recognized as inferior for shade, erosion control, or screening. If deemed so, the developer shall maintain a planting standard of eight deciduous trees and 16 coniferous trees per each 5,000 square feet of buffer yard. This buffer yard shall be in addition to any other yard requirements listed in district regulations for lot size and yard areas.

(2) A screening yard of spruce or similar coniferous trees, planted to the following standards: An initial row of trees to follow a linear center line with additional rows planted at oblique angles on each side of the center line row, sufficient to provide complete and constant opaque screening from the time of planting. This screen of plantings shall be situated at the interior edge of the natural vegetation buffer yard and may be included in calculations of required yard areas. Other species and screening techniques may be accepted upon review of the Township.

B. Planting standards. At the time of planting, all coniferous trees shall be a minimum of six feet in height, as measured from the ground. Hardwood trees shall be a minimum of 12 feet in height, as measured from the ground. The Zoning Officer may inspect plantings as necessary. Trees which have died shall be replaced as needed, as determined by the Township.

C. Lighting. Any lighting used to illuminate buildings, parking or loading areas shall be arranged to reflect the light away from the adjoining premises of any residential district or use.

D. In CR-2, all conditional use retail businesses of 20,000 square feet or greater, shopping centers and eating and drinking places within this district shall submit a plan for future traffic access. This plan shall include reserve areas for connecting parking lots to abutting properties, maintaining sufficient setback for future collector streets or other standard arterial access limitations. As a part of conditional use approval, the developer shall agree to permit the interconnection of future abutting parking lots to his property and make such necessary improvements.

§ 425-67 Screening.

The following screening shall be employed where required by conditional use, special exception or any supplementary regulation of this chapter.

A. Type I screening. To consist of a triple row of Norway spruces planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet at the time of planting. Trees which die shall be replaced within six months. As an alternative to the triple row of Norway spruces, the developer shall maintain a fifty-foot-wide buffer yard of natural vegetation sufficient for screening. This buffer area shall not be used for parking or other uses. This buffer yard should maintain natural vegetation unless such vegetation is considered insufficient for shade screening, stormwater management or erosion control. In such case, the planting standards shall be 28 conifer and eight deciduous trees per each 5,000 square feet of yard area. Trees shall be a minimum of six feet at planting and replaced within six months of death.

B. Type II screening.

(1) Type II screen shall consist of either:

(a) An opaque fence at least eight feet in height.

(b) A barrier fence at least 10 feet in height.

(2) On the outside perimeter of the fence a landscaped area shall be maintained. Where a single-family dwelling is within 50 feet, a single row of evergreens sufficient for opaque screening may be required.

C. Type III screening. Type III screening shall consist of both Type I and Type II, for a total width of no less than 65 feet.

D. Type IV screening. Type IV screening shall consist of a single row of any species of coniferous tree, shrub, or plant that will block a line of sight form the level of existing grade to at least four feet in height at time of planting, and grow to at least six feet in height.

E. Alternate landscaping plans. The Township Board of Supervisors or Zoning Hearing Board, as applicable, may consider alternative forms of screening subsequent to review by the Planning Commission when subject to any application under this chapter, or Chapter 370, Subdivision and Land Development.

§ 425-68 Agriculture and keeping of livestock for personal use or keeping horses in the VR Village Residential District.

A. Gardening and horticulture is permitted by right as accessory to any use or as a principle use in all zoning districts, including the VR Village Residential District.

B. The keeping of horses or other livestock for personal recreation, consumption, or sales of products such as eggs, is permitted as an accessory use to a dwelling only in conformity to the following standards:

(1) A lot of any size in the VR Village Residential District may keep up to six hens (gallus domesticus) provided that:

(a) No male chickens (roosters) shall be kept.

(b) Poultry shall be kept within a pen or fence sufficient to confine all birds.

(c) No coop, pen or enclosure for the keeping of poultry shall be permitted within 75 feet of a dwelling on an adjoining lot.

(d) Manure from coops shall be managed through composting, deep litter bedding, or other means to prevent malodorous nuisance.

(2) Other livestock, including horses, cattle, or goats may be kept if the following performance standards are met:

(a) No member of a swine species may be kept in the VR Village Residential District, except for a single miniature pig (commonly known as potbellied pigs) kept within a dwelling as a household pet.

(b) No male uncastrated goat may be kept in the VR Village Residential District.

(c) No coop, pen or enclosure for the keeping of livestock shall be permitted within 100 feet of a dwelling on an adjoining lot.

(d) All fenced areas or enclosures shall be at least four feet in height, and of sufficient design to contain livestock.

(e) No area for the storage of manure shall be permitted within 150 feet of a dwelling on an adjoining lot. Manure shall be managed through composting to prevent a malodorous nuisance.

(f) The lot shall have a minimum of 10,000 square feet of pasture or fenced yard for each goat or sheep and 40,000 square feet of pasture or fenced yard for each horse or cow.

C. Domestic rabbits are exempt from this subsection, except that manure from rabbits shall be managed to prevent malodorous nuisance.

§ 425-69 Forestry and timbering.

The harvesting of trees shall be a permitted use in all districts, unless harvesting is being done as an adjunct to land development activities. However, any timber harvester (with the exception of a landowner harvesting his own trees) shall provide the Zoning Officer a sketch of the area to be harvested (a clear photocopy of a USGS quadrangle will be adequate.) Also, the applicant must:

A. Provide a transportation plan which shows which roads in the Township will be used to haul logs from the logging site.

B. Provide any necessary bond to protect Township roads.

C. No mechanized forestry operations shall commence before 7:00 a.m. nor proceed past 9:00 p.m.

§ 425-70 Public utilities; communication towers; wireless telecommunication facilities.

A. Purpose and exclusions.

(1) It has been determined that wireless telecommunications facilities benefit all area residents and travelers by providing a means of mobile communication and data transmission. Conversely, structures with height larger than normally permitted within zoning districts require special levels of scrutiny to prevent air hazards and land use conflict. The goals of these regulations are to:

(a) Encourage beneficial economic development by permitting evolving wireless telecommunications facilities in various zones as appropriate.

(b) Encouraging adequate access to wireless telecommunications facilities for education, public safety, and commerce.

(c) Establish a uniform permitting process to ensure that the telecommunications facilities are installed in a safe manner.

(d) Prevent land use conflict between telecommunications facilities and other uses of land, including highway access, and integrity of residential neighborhoods.

(e) Prevent conflicts between telecommunications facilities and air navigation at the Grove City Airport.

(f) Establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal and replacement of wireless communications facilities in recognition of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the Federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq.

(2) Exclusions. Pursuant to the definition of "antenna", this section does not apply to private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device.. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

ARTERIAL STREET

Shall be deemed to include Pa. Route 258, Pa. Route 208 and Pa. Route 19, and Interstate 79.

FORT WORTH ATTACHMENT

A nonfreestanding pole which is attached to an existing electrical transmission tower, which is used to support antennas and accessory equipment, and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

STEALTH TECHNOLOGY

Design techniques used to blend a building-mounted telecommunications antenna into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble architectural features.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure. Types of WFC include:

WCF MOUNTED ON EXISTING NONBUILDING STRUCTURE — Wireless communications antennas located on existing (further defined as complete and lawful at the time this chapter was pending) nonbuilding structures, such as, but not limited to, water towers, electrical transmission towers (when not also located in a public right-of-way or a utility easement adjacent to said right-of-way), and WCF towers constructed before the date of this chapter, and other similar structures that do not require the installation of a new WCF tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF, provided that the replacement structure is of no greater height or coverage.

WCF - BUILDING MOUNTED — Wireless communications antennas located on existing buildings.

WCF POLE MOUNT — An existing or proposed freestanding structure of 45 feet or less in height (or 50 feet in height or less, if antennas are included) from existing grade, including but not limited to electric and other utility transmission poles or light poles. To be considered as a pole mount, the structure proposed for a WCF antenna must be located within a public right-of-way or utility easement which is adjacent to a public right-of-way.

WCF TOWER — Any freestanding, nonbuilding structure that exceeds 50 feet in height from existing grade, including antennas, and is proposed to be constructed after the adoption date of this chapter (or which was approved as a "communications tower" and would be hereinafter regarded as an existing WCF tower).

C. General standards for all WCF.

(1) No WCFs shall encroach into airport hazard zones as authorized by local zoning overlay districts.

(2) WCFs shall comply with other local permitting, including subdivision or land development ordinances (as applicable) and the Uniform Construction Code.

(3) Unless mounted upon a new or existing WCF tower, omnidirectional/whip antennas shall not exceed 15 feet in height and six inches in diameter and panel antennas shall not exceed six feet in height or three feet in width. All installations remain subject to specific limits for WCF type. Building-mounted WCF satellite or microwave dish antennas shall not exceed eight feet in diameter. Pole-mounted WCF satellite and microwave dish antennas shall not exceed two feet in diameter.

(4) The applicant proposing a WCF shall submit evidence from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure proposed for mounting, considering wind and other loads associated with the proposed location.

(5) All WCF installation shall provide evidence of lease agreements and easements necessary to provide access to the building or structure, signed by the owner of said building or structure.

(6) Accessory equipment shall be fully screened or within an existing structure. Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain-link security fence with self-locking gate or similar means to prevent access. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.

(7) If vehicular access to the equipment cabinet or equipment building is not provided from a public street, paved driveway or paved parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free all-weather surface for its entire length.

(8) At least one off-street parking space shall be provided on the site within reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

(9) All antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(10) All WCF equipment shall contain a permanent label with emergency contact information for the owner/operator.

(11) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the municipality, 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 the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. 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.

(12) Maintenance.

(a) WCFs 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 residents.

(c) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notification by the municipality.

(13) Within 60 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in an ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the municipality, 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 municipal or other public improvement in the right-of-way;

(b) The operations of the municipality 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 municipality.

D. Use regulations. No WCF shall be located, erected, demolished, constructed, moved, externally altered, converted or enlarged, nor shall any structure or land use be used or designed to be used except in full compliance with this chapter and after the lawful issuance of all permits and certifications required by this chapter. WFCs shall be permitted only in conformity to Table 425-70D.

Table 425-70D
Type of WCF/District Type	A - Agricultural District	C-1 Commercial District	IS Industrial Special District	CR-2 Commercial and Residential District and VR Village Residential District
WCF-building mounted	Permitted use, subject to § 425-70E	Permitted use, subject to § 425-70E	Permitted use, subject to § 425-70E	Conditional use, subject to § 425-70E
WCF mounted on existing nonbuilding structure (when outside ROW)	Permitted use, subject to § 425-70F	Permitted use, subject to § 425-70F	Permitted use, subject to § 425-70F	Permitted use, subject to § 425-70F
WCF pole mount	Permitted use, subject to § 425-70G	Permitted use, subject to § 425-70G	Permitted use, subject to § 425-70G	Conditional use, subject to § 425-70G
WCF tower	Conditional use, subject to § 425-40H	Not permitted	Conditional use, subject to § 425-40H	Not permitted

E. WCF - building mounted.

(1) Building-mounted WCF antennas shall not be permitted on any single-family or two-family dwelling.

(2) Building-mounted WCF antennas shall not exceed a height of 12 feet from the existing roofline of any building.

(3) Any building-mounted antenna shall be set back from the edge of any vertical wall or edge of a roof by at least the height of the antenna, or utilize stealth technology for installation.

(4) No protuberances or new structure will result in a violation of any side, front or rear yard setback requirement for the district.

(5) Unless located in an IS Industrial Special District, there shall be a maximum of three omnidirectional/whip antennas or four panel antennas on any one building.

F. WCF mounted on existing nonbuilding structure.

(1) No WCF proposed or mounted in an existing nonbuilding structure shall exceed 25 feet in height above the level of the existing structure.

(2) A Fort Worth attachment is permitted under this subsection, but not if the electric transmission tower, support structure, or any part of the attachment is also within a public road or street right-of-way.

G. WCF pole mount.

(1) Pole-mounted WCFs must be located upon an arterial street, as defined herein.

(2) No pole-mounted WCF is permitted in any development or right-of-way within a subdivision where electrical utilities are buried.

(3) The developer shall avoid location of WCF antennas upon any existing or proposed pole which lies in a space between two lines, measured from the corners of an occupied principal residential structure perpendicular to any public right-of-way on the same side of the street.

(4) If the structure proposed for mounting is to be located within a public right-of-way, the applicant shall demonstrate to the satisfaction of the municipality that all relevant standards of the Pennsylvania Department of Transportation Highway Occupancy Permit (HOP) Manual (Publication 282, or as may be amended), or any local right-of-way encroachment ordinance, as applicable, have been met.

(5) No installation results in a height of communications antenna of greater than 50 feet in height from existing grade.

(6) The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

H. WCF tower.

(1) An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage or capacity. The municipality may seek evidence of a good faith effort. If known applicable structures were not contacted, or evidence is not furnished, the application may be regarded as incomplete.

(2) The minimum lot size for a WCF tower shall be one acre in the IS Industrial Special District and five acres in the A - Agricultural District. A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel.

(3) In the A - Agricultural District, WCF towers shall be set back at least 500 feet from the lot line of any abutting or adjoining lot which contains a preexisting single-family dwelling, unless the dwelling is owned by a party leasing the lot for the WCF tower.

(4) The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a WCF tower, if applicable, and antennas.

(5) The applicant shall demonstrate that the tower construction is compliant with TR-14 Structural Standards for Communication and Small Wind Turbine Support Structures (published by the Telecommunications Industry Association), ANSI/TIA-322 Loading Criteria, Analysis, and Design Related to the Installation, Alteration and Maintenance of Communications Structures or similar accepted structural engineering standards, as applicable.

(6) The applicant shall conduct a geotechnical analysis to show that soil types at the proposed location can support the type and weight of the proposed tower.

(7) The applicant shall agree that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission in "Human Exposure to Radio Frequency Fields: Guidelines for Cellular and PCS Sites," or such publications as may be updated by said commission.

(8) Communications towers shall comply with all applicable regulations of the Federal Aviation Administration (FAA Part 77) and Commonwealth Bureau of Aviation (BOA), and shall not encroach into any airport hazard overlay area.

(9) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

(10) The maximum height of any communications tower shall be no more than 250 feet.

(11) The foundation and base of any communications tower shall be set back from all adjacent property lines or public rights-of-way by not less than the total height of the communications tower.

(12) The base of a communication tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting or adjoining properties.

(13) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of ensurance 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 communications tower and communications antennas.

(14) All guy wires associated with guyed communication towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

(15) The site of a communications tower shall be secured by a fence with a minimum height of 10 feet to limit accessibility by the general public.

(16) No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.

(17) If a communications tower remains unused and unleased for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.

(18) Unless there is a manifold air safety hazard, the tower shall be painted a neutral or natural color scheme so as to reduce visual obtrusiveness; proposed colors shall be furnished to the municipality.

(19) The municipality shall be notified of any change in ownership and any additional agreement to install antennas.

(20) The communications tower must be inspected at the time of its construction and not less frequently than every three years for guyed towers and every five years for self-supporting structures two years thereafter by a registered engineer or comparable expert who is regularly involved in the maintenance, inspection and/or erection of such structures. Inspection report shall show compliance with ANSI/TIA-222-G, published by the Telecommunications Industry Association (TIA). An alternative inspection schedule may be required or agreed to at the time of approval. Inspection may also be required at a more frequent interval if the Township Engineer observes potential damage from a wind storm or catastrophic weather event.

§ 425-70.1 Mobile food vendor.

[Added 3-2-2021 by Ord. No. 1-2021]

A. General rule. Mobile food vendors shall be limited solely to the Commercial (C-1), Commercial Residential (CR-2), and Industrial Special (IS) Districts. Mobile food vendors are hereby prohibited from operating and maintaining any physical presence in the Agricultural (A) and Village-Residential (VR) Districts.

B. Location. No mobile food vendor shall be allowed to conduct food sales in the public road right-of-way.

C. Exemptions.

(1) Mobile food vendors operating or participating in any Township-sanctioned event taking place on Township property are exempt from the requirements of this section, with the exception of those requirements as may be imposed by the Board of Supervisors related to the specific event. The mobile food vendor shall provide a certificate of insurance with the Township named as an additional insured for participation in any such event.

(2) Private, not-for-profit mobile food vending is exempt from the requirements of this section.

D. The developer/property owner/agent shall also meet all applicable standards and requirements for banquet/conference centers enumerated in the SALDO (Subdivision and Land Development Ordinance[1]), and all other duly adopted Township ordinances, as amended.

[1] Editor's Note: See Ch. 370, Subdivision and Land Development.