Part 4 SUPPLEMENTARY USE REGULATIONS

Building Codes. Every dwelling unit hereafter erected, created or altered shall conform to the applicable requirements of the Pennsylvania Uniform Construction Code, PA Act 45 of 1999, or as may hereafter be amended.

Floodplain Development. Every dwelling unit which is to be located in an identified floodplain area shall comply with all applicable district regulations in Part 3 and the floodplain management provisions contained in Part 6 of this chapter.

Foundation Requirements.

Dwelling Units. Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation. (See Subsection 2 below for foundation requirements for mobile homes.) Such foundation shall consist of no less than masonry construction or footers set well below the frost line, or other technique or methodology of demonstrated capability approved by the Township Zoning Officer and Building Code Official. The foundation shall be designed to support the maximum anticipated loads for the intended structure and/or use, and no unnecessary open space shall be left between the dwelling unit and foundation, except for windows and other openings as might be necessary for floodproofing purposes. In no case shall any dwelling unit be placed or erected on jacks, loose blocks or other similar temporary materials.

§ 27-405 Single-Family Attached Dwelling Structures.

Mobile Homes. All mobile homes shall be placed on and anchored to foundations sufficient to meet the requirements of the Pennsylvania Uniform Construction Code. In addition, all mobile homes shall be installed in accordance with the instructions of the mobile home manufacturer and shall be inspected and approved by the Township Building Code Official.

Gross Floor Area Requirements. In the absence of more restrictive codes, every single-family dwelling unit (whether attached or detached, including townhouse units, mobile homes or manufactured housing) shall contain a minimum of 600 square feet of gross floor area. In the case of multifamily dwelling units (including conversion apartments), each dwelling unit must contain a minimum of 500 square feet of gross floor area, except for efficiency apartments designed for and inhabited by no more than two persons, which shall contain a minimum of 400 square feet of gross floor area.

§ 27-404 Conversion Apartments.

[Ord. No. 11/10/2008, § 403]

The conversion of an existing dwelling or other building to accommodate a greater number of dwelling units or households, may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Further, all such conversions shall meet the requirements outlined below:

The lot upon which the conversion apartment is situated shall meet the minimum area requirement established in the district regulations for the zoning district in which the use is to be located.

Conversions may only be authorized for structures which were erected prior to the adoption of this chapter. Conversions shall be limited to one building or structure per lot.

Conversions shall be limited to the number of dwelling units specified in the "District Regulations," Part 3.

All conversion dwelling units shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Sewage facilities shall be provided which are capable of treating the volume of effluent anticipated from the conversion. Where connection to a public or community sewage system cannot be made, certification, from the Township Sewage Enforcement Officer, verifying the acceptability and/or suitability of an existing sub-surface system or a sewage permit for the installation of a new system shall be submitted as part of an application for such a use.

No structural alterations designed to increase the gross floor area dimensions of the original structure shall be made in order to achieve the conversion, except as may be necessary to assure adequate emergency egress is provided or to improve handicapped accessibility.

The yard, off-street parking, and other applicable requirements of this chapter shall be met.

[Ord. No. 11/10/2008, § 404]

Single-family attached dwelling structures (i.e., townhouse structures) may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township:

Minimum Tract Area and Maximum Density Requirements.

The minimum gross area required for each tract containing a single-family attached dwelling structure shall be as specified in the "District Regulations," Part 3. No single-family attached dwelling structure shall contain more than four dwelling units per structure, nor shall the overall density of the tract exceed five dwelling units per acre.

Where individual dwelling units of a single-family attached dwelling structure and the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, the following dimensional requirements shall be met. In such cases, the applicant shall submit sufficient documentation along with the subdivision plans which demonstrate that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also Subsection 1E(8) below.]

Exterior lots: 10,500 square feet per dwelling unit.

Interior lots: 7,000 square feet per dwelling unit.

Where individual dwelling units of a single-family attached dwelling structure are to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act will be met.

Where title to individual dwelling units of a single-family attached dwelling structure is proposed to be conveyed, all dwelling units contained in the structure shall be part of the proposal.

Minimum Tract Width Requirements. The minimum width required for a tract containing a single-family attached dwelling structure may vary with each application depending upon the number of units being proposed in each structure. In no case however, shall the width of the tract be less than the minimum lot width required for a single-family detached dwelling in the district where such structure is located. [See also Subsection 1E(2) below for individual unit width requirements.]

Minimum Yard Requirements. The minimum yard requirements for each tract containing a single-family attached dwelling structure shall be as specified in the "District Regulations," Part 3.

Gross Floor Area Requirements. Each dwelling unit located in a single-family attached dwelling structure shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. Proposals for single-family attached dwelling structures shall be designed to meet the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township. In addition, the following standards shall apply:

Maximum Structure Length. No single-family attached dwelling structure shall exceed 120 feet in length.

Minimum Dwelling Unit Width. Each dwelling unit of a single-family attached dwelling structure shall comply with the minimum set forth in the district regulations for the district in which it is to be located.

Traffic Access. No dwelling unit of a single-family attached dwelling structure may access directly onto a public street. All such units shall access public roadways via an approved private street, driveway or common parking area. All new streets, access drives, and parking areas shall be designed and constructed in accordance with the applicable street standards outlined in the Subdivision and Land Development Ordinance in effect in North Centre Township.

Off-Street Parking Spaces. A minimum of two off-street parking spaces shall be provided for each dwelling unit contained in the structure. One additional off-street parking space shall also be provided for each dwelling unit in the structure for visitor parking.

Grading and Landscaping. Where excavation or grading is proposed, or where existing trees, shrubs, or other vegetative cover is to be removed, plans shall be prepared by the developer and submitted to the Township which illustrate that all erosion and sedimentation control requirements set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township will be met. And, where adjacent to existing single-family detached dwellings or potentially incompatible land uses, buffer yards and/or screening as required in §§ 27-506 and 27-507 of this chapter shall be provided by the developer.

Drainage Facilities. All drainage and/or stormwater management standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township shall be met.

Solid Waste Collection, Storage and Disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed structure shall be made by the developer and submitted to the Township for approval as a part of the plan submission process.

Sewage and Water Facilities. Sewage and water facilities for single-family attached dwelling structures shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection and as follows:

Sewage Facilities. The applicant shall demonstrate to the satisfaction of the Township that adequate sewage treatment and disposal facilities can be provided, consistent with the Township's Sewage Facilities Plan (Act 537 Plan) and in compliance with the requirements of the Pennsylvania Department of Environmental Protection.

Water Supply. The applicant shall demonstrate to the satisfaction of the Township that adequate water supply can be provided for the intended residential uses, open space uses and fire emergency purposes without impact to existing water supplies in the area. The Township may require the developer to prepare a detailed hydrogeologic study to assess the feasibility of the proposed method of water supply to provide an adequate quantity and quality of water. Such a study shall be prepared by a qualified individual as approved by the Township.

Common Open Space Ownership and Maintenance.

The developer shall submit a plan to the Township indicating the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the single-family attached dwelling structure (including access drives and driveways). Such plans shall be submitted to the Township for approval as part of the plan submission process. Where no conveyance of land area is proposed, the developer shall submit a copy of his plan for the maintenance of all common open space areas associated with the structure for the Township's approval.

Where more than one single-family attached dwelling structure is proposed to be located on a single tract of ground, a minimum of 10% of the gross area of the development shall be reserved by the developer as common open space for the use of all residents of the complex. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures, or service lanes. This area shall also be easily accessible to all units. Applicants for such developments shall submit a proposal indicating the ultimate ownership and maintenance responsibilities for all common open space areas to the Township for review and approval as part of the plan submission process. Copies of all approved arrangements shall be included in each deed or lease for a unit in such a development.

Building Relationships. Where more than one single-family attached dwelling structure is proposed for a single tract of ground, the following minimum standards shall apply:

Minimum Tract Area Requirements. A minimum of two contiguous acres of land shall be provided for each development containing more than one single-family attached dwelling structure.

Arrangement of Buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.

Emergency Access. Building groups must be arranged in order to be accessible by emergency vehicles.

Distance Between Buildings.

The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.

The side of any building shall be no closer to the side, front, or rear of any other building than 30 feet.

Distance Between Buildings and Driveways.

No driveway or parking lot shall be closer than 15 feet to the front of any building, nor 10 feet to the side or rear of any building, except that space may be provided for loading and unloading which is closer to the building it is intended to serve than is herein provided.

§ 27-406 Multifamily Dwelling Structures.

In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.

[Ord. No. 11/10/2008, § 405]

Multifamily dwelling structures (i.e., apartment buildings, excluding single-family attached dwelling structures) may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Every application for such a use shall also meet the requirements outlined below as well as the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township:

Minimum Tract Area and Maximum Density Requirements. The minimum gross area required for each tract containing a multifamily dwelling structure shall be as specified in the "District Regulations," Part 3. No multifamily dwelling structure shall contain more than four dwelling units per structure, nor shall the overall density of the tract exceed six dwelling units per acre.

Minimum Tract Width Requirements. The minimum width required for each tract containing a multifamily dwelling structure shall be as specified in the "District Regulations," Part 3.

Minimum Yard Requirements. The minimum yard requirements for each tract containing a multifamily dwelling structure shall be as specified in the "District Regulations," Part 3.

Gross Floor Area Requirements. Each dwelling unit located in a multifamily dwelling structure shall meet the gross floor area requirements set forth in § 27-403, Subsection 1C, of this chapter.

Design Standards. The design standards set forth in § 27-405, Subsection 1E, of this chapter shall also be met for multifamily dwelling structures.

Building Relationships. Where more than one multifamily dwelling structure is proposed for a single tract of ground, the standards set forth in § 27-405, Subsection 1F, of this chapter shall apply.

§ 27-407 Mobile Home Parks.

[Ord. No. 11/10/2008, § 406]

Mobile home parks may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All proposed mobile home parks and extensions to existing parks shall also meet all requirements established in the Subdivision and Land Development Ordinance in effect in North Centre Township and shall comply with the provisions set forth in Chapter 14 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, relating to the Regulation of Mobile Homes and Mobile Home Parks.

Every mobile home placed in an approved mobile home park in North Centre Township, including replacement units, shall obtain a zoning permit prior to its placement in the mobile home park. In addition, each unit, including replacement units, must obtain a certificate of compliance, as required by this chapter, prior to being used as a dwelling unit. All additions proposed for mobile homes located in mobile home parks shall also require a zoning permit prior to being initiated, zoning permits for replacement units which do not exceed the length or width of the prior unit or which can be placed on the lot to meet all setback requirements may be authorized by the Township Zoning Officer. Where however, the replacement unit will not meet all setback requirements, permit authorization must be obtained from the Township Zoning Hearing Board.

§ 27-408 Open Space Residential Developments.

[Ord. No. 11/10/2008, § 407]

Open space residential developments may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Every application for such use shall also meet the requirements outlined below, as well as the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township.

Open space residential development is not a mandatory form of development, but rather an optional approach available to a landowner or developer.

Purposes and Development Options.

Purposes. The purposes of this section are:

To conserve open land, including those areas containing unique and sensitive natural features such as agricultural land, woodlands, steep slopes, streams, floodplains, wetlands and scenic views by setting them aside from development.

To protect areas of the Township with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving and impervious surface required for residential development.

To reduce erosion and sedimentation through the retention of existing vegetation, the minimization of development on steep slopes and the reduction of earth disturbances.

To provide for the conservation and maintenance of open land within the Township to achieve the above mentioned goals and for active or passive recreational use by residents.

To conserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.

To provide development options for landowners which minimize impacts on sensitive environmental resources, reduce disturbance of natural and cultural features, and conserve scenic views.

Development Options. In order to achieve the above-described purposes, this section provides for flexibility in designing new residential subdivisions by allowing developers to utilize one of the following two optional techniques:

Option One - Neutral Density and Basic Conservation. This approach provides for residential uses at the density permitted by the underlying zoning district, provided that a minimum of 50% of the tract is set aside or preserved as open space.

Option Two - Enhanced Density with Greater Conservation. This option provides for higher density residential uses than the underlying zoning district, provided that at least 60% of the development tract is conserved as open space.

Densities and Required Open Space Percentages. Subsection (C) below sets forth the specific permissible residential densities and open space requirements for each development option.

General Requirements. The design of all new subdivisions using either of the open space development options shall be governed by the following minimum standards:

Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.

Site Suitability. The tract utilizing either of the development options shall be capable of supporting the type of development proposed in terms of its size, configuration and its environmental conditions.

District Applicability and Minimum Tract Area Requirements. Open space residential developments may be located within the RR Rural Residential, SR Suburban Residential and A Agricultural Preservation Zoning Districts and must contain a minimum of 20 contiguous acres of land.

Permitted Dwelling Types. The type of dwelling units permitted in any open space development shall be as set forth in the "District Regulations," Part 3, for the zoning district in which the development is located; that is, in the RR and A zones, only single-family detached dwelling units may be utilized, while in the SR zone, single-family detached and two-family dwellings, as well as single-family attached dwelling structures and multifamily dwelling structures may be used.

Intersections and Access. The number of driveways entering onto existing roads shall be minimized. Instead, the development shall make maximum use of driveways entering onto an internal local street(s). All intersections and access shall be governed by the Subdivision and Land Development Ordinance in effect in the Township and § 27-803 of this chapter. [See also Subsection 2F(8) below for street standards.]

Sewage Treatment and Disposal. The applicant shall demonstrate to the satisfaction of the Township that adequate sewage treatment and disposal facilities can be provided, consistent with the Township's Sewage Facilities Plan (Act 537 Plan), and in compliance with the Pennsylvania Department of Environmental Protection. [See also Subsection 2F(3) below for design standards for sewage treatment facilities.]

Water Supply. The applicant shall demonstrate to the satisfaction of the Township that adequate water supply can be provided for the intended residential uses, open space uses, and fire and emergency purposes without impact to existing water supplies in the area The Township may require the developer to prepare a detailed hydrogeologic study to assess the feasibility of the proposed method of water supply to provide adequate quantity and quality of water. Such a study shall be prepared by a qualified individual as approved by the Township. [See also Subsection 1F(4) below for design standards for water supply facilities.]

Primary Conservation Areas. Open space developments shall minimize the disturbance of the following primary conservation areas:

Wetlands.

Floodplains.

Slopes in excess of 25%.

Class I and II soils as defined in the Columbia County Soil Survey.

Open Space Ownership and Maintenance. The applicant must demonstrate to the satisfaction of the Township that all open space ownership and maintenance responsibilities have been legally established in accordance with the requirements of this section and any other pertinent provisions of this chapter. Acceptance of an application proposing an open space development in no way implies an acceptance of any proposed dedication of the open space or any other elements of the plan by North Centre Township without a specific written agreement issued by the Township. (See also Subsections 1H and I below for ownership and maintenance details for required open space areas.)

Minimum Required Open Space and Density Determinations.

Option One - Neutral Density and Basic Conservation.

Minimum Required Open Space. The development shall include a minimum open space of 50% of the adjusted tract acreage, in addition to adjusted constrained lands.

Maximum Density. The number of permitted dwelling units in this type of open space development shall be determined by dividing the adjusted tract area by the applicable density factor (square feet of adjustable tract acreage per dwelling unit) as shown on the density standards table below.

Option Two - Enhanced Density with Greater Conservation.

Minimum Required Open Space. The development shall include a minimum open space of 60% of the adjusted tract acreage, in addition to adjusted constrained lands.

Maximum Density. The number of permitted dwelling units is determined by dividing the adjusted tract area by the applicable density factor (square feet of adjusted tract acreage per dwelling unit) as shown on the density standards table below. The density factor has been decreased by 15% from that of a standard subdivision. The decreased density factor, when divided into the adjusted tract acreage, yields a bonus number of units.

DENSITY STANDARDS FOR OPTION 1 Single-Family and Two-Family Dwellings*
Zoning Districts →	RR	SR	A
Type of Sewage Disposal/Water Supply	Density Factor (square feet of adjusted tract acreage/dwelling unit)
On-lot Sewage and Water	43,560	43,560	43,560
On-lot Sewage or Water	43,560	32,670	43,560
Public or Community Sewer and Water	43,560	21,780	43,560

Notes:
*	Where permitted, single-family attached dwellings may not exceed a maximum density of 5.0 dwelling units per acre, and multifamily dwellings, 6.0 dwelling units per acre.

DENSITY STANDARDS FOR OPTION 2 Single-Family and Two-Family Dwellings*
Zoning Districts →	RR	SR	A
Type of Sewage Disposal/Water Supply	Density Factor (square feet of adjusted tract acreage/dwelling unit)
On-lot Sewage and Water	37,025	37,025	37,025
On-lot Sewage or Water	37,025	27,770	37,025
Public or Community Sewer and Water	37,025	18,513	37,025

Notes:
*	Where permitted, single-family attached dwellings may not exceed a maximum density of 6.0 dwelling units per acre, and multifamily dwellings, 8.0 dwelling units per acre.

Dimensional Standards.

Option One - Neutral Density and Basic Conservation.

Minimum Lot Area Requirements. The minimum lot area requirement for single-family detached and two-family dwellings may be reduced up to 50% from the minimum established for the district in which the development is to be located. The minimum lot area requirement for single-family attached dwelling unit may be reduced to the area of the dwelling unit, and for multifamily dwelling structures, the minimum gross lot area may be reduced to the area of the dwelling structure.

Minimum Lot Width and Yard Requirements. All proposed lots shall meet the minimum width and yard requirements set forth in the dimensional tables below.

Option Two - Enhanced Density with Greater Conservation.

Minimum Lot Area Requirements. The dimensional standards set forth below shall apply to single-family and two-family dwellings and single-family attached and multifamily dwellings, as indicated.

Minimum Lot Width and Yard Requirements. All proposed lots shall meet the minimum width and yard requirements set forth in the dimensional tables below.

DIMENSIONAL STANDARDS Single-Family Detached and Two-Family Dwellings
Minimum Lot Area*		10,000 square feet
Minimum Lot Width (at Building Line)		65 feet
Minimum Street Frontage		20 feet
Yard Requirements**
	Minimum Front Yard	20 feet from edge of road R/W
	Minimum Rear Yard	30 feet; 20 feet when abutting required open space
	Minimum Side Yards	5 feet; 30 foot separation of principal buildings
Maximum Impervious Surface		40% of individual lots
Maximum Height Requirements		35 feet or 2 1/2 stories, which ever is greater

Notes:
*	Option 2 only. [See Subsection 1D(1) for minimum lot area requirements for Option 1.]
**	In addition to the individual lot setback requirements set forth in this Table, new single-family detached and two-family dwellings shall be set back a minimum of 100 feet from all external road rights-of-way and 50 feet from all other tract boundaries.

DIMENSIONAL STANDARDS Single-Family Attached and Multifamily Dwellings
Minimum Lot Area		None
Minimum Lot Width (at Building Line)		18 feet (24 feet if 2-car garage or side by-side parking is provided in front)
Minimum Street Frontage		20 feet
Yard Requirements*
	Minimum Front Yard	20 feet from edge of road R/W
	Minimum Rear Yard	20 feet
	Minimum Side Yards	35 foot separation of principal buildings
Maximum Impervious Surface		70% of individual lots
Maximum Height Requirements		35 feet or 2 1/2 stories, whichever is greater

Notes:
*	In addition to the individual lot setback requirements set forth in the Tables above, new single-family attached dwellings and other multifamily dwelling structures shall be set back a minimum of 150 feet from external road rights-of-way and 75 feet from all other tract boundaries.

Open Space Determination. Determination of the required open space shall be based upon the adjusted tract acreage of the site and the calculations set forth below:

Adjusted Constrained Lands. The sum of the constrained land shall be determined as follows. Where more than one type of constrained land overlaps, the constrained land with the higher percentage deduction shall apply.

Constraint		% of Constrained Area to be Deducted (multiplier)
1.	Land within rights-of-way of existing public streets, or within rights-of-way of existing or proposed overhead utilities.	100% (1.00)
2.	Land under existing private streets.	100% (1.00)
3.	Wetlands.	95% (0.95)
4.	Floodplain	60% (0.60)
5.	Any required aquatic or natural resource buffers.	100% (1.00)
6.	Prohibitively steep slopes. (>25%)	80% (0.80)
7.	Precautionary steep slopes. (15% to 25%)	30% (0.30)
8.	Extensive rock outcroppings. (>1,000 square feet in area)	90% (0.90)

Adjusted constrained lands = sum of constraints 1-8.

At its discretion, the Township may modify the percentages specified above if it is demonstrated that strict application might hinder or discourage open space development.

Adjusted Tract Area. The adjusted tract area shall equal the gross tract area minus the adjusted constrained lands as determined in Subsection 1E(1) above.

Adjusted tract area = gross tract area - adjusted constrained lands.

Other standards governing the configuration of and uses permitted in required open space areas can be found in Subsection 1F(1) and G below. Details regarding the ownership and maintenance of such areas can be found in Subsection 1H and I below.

Design Standards.

Open Space Configuration. The configuration of proposed open space lands set aside for common use in residential developments shall be consistent with the following standards:

It shall be free of all structures except historic buildings, stone walls, structures related to open space uses, and those structures specifically permitted in this section. The Township may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the open space area provided that such facilities are not detrimental to the open space. The acreage required for such uses shall not be counted towards the required minimum open space, unless the land they occupy is appropriate for passive recreational use. However, in no case shall more than 50% of the open space be occupied by sewage treatment or stormwater management facilities and related infrastructure. At least 25% of the open space shall be free of structures or infrastructure of any type and the constraints outlined in Subsection 1E(1) above. (See also Subsection 1G for uses permitted in required open space areas.)

It shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

It shall be directly accessible to the largest practicable number of lots within the development. Non-adjoining lots shall be provided with safe and convenient pedestrian access to open space lands.

It shall be suitable for active recreational uses to the extent deemed necessary by the Township, without inferring with adjacent dwelling units, parking, driveways or roads.

It shall be interconnected wherever possible to provide a continuous network of open space land within and adjoining the development.

It shall provide buffers to adjoining parks, preserves or other protected lands.

Except in those cases where part of the open space is located within private house lots, open space lands shall provide pedestrian pathways for use by the residents of the development and/or municipality. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the Township. Provisions shall also be made for access to the open space as required for land management and emergency purposes.

(h)

It shall be undivided by public or private streets, except where necessary for proper traffic circulation.

(i)

It shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan prepared by the developer and approved by the Township which is designed to protect open space resources.

(j)

It shall be made subject to the requirements of Subsection 1H and I regarding ownership and maintenance agreements.

(k)

It shall be consistent with the policies of the Columbia County Comprehensive Recreation, Parks, Greenway and Open Space Plan and/or any applicable Township parks and recreation plan.

Stormwater Management Facilities.

At the discretion of the Township, areas devoted to stormwater management facilities may be included within the required open space area where the developer can demonstrate to the satisfaction of the Township that such facilities are designed to: 1) promote recharge of the groundwater system; 2) be available and appropriate for active or passive recreational use or scenic enjoyment; or 3) otherwise conform to the purposes, standards and criteria for open space set forth in this section.

All stormwater management facilities proposed to be located within the required open space shall be landscaped according to the buffer, landscaping and screening requirements of §§ 27-506 and 27-507 of this chapter or in accordance with a landscaping plan prepared by the developer and approved by the Township which is designed to protect open space resources and conform, as closely as possible, with the surrounding natural landscape.

Where stormwater management facilities are located within required open space areas, easements and maintenance agreements must be provided by the developer and approved by the Township to ensure proper maintenance and repair of such facilities.

Sewage Treatment Facilities.

Sewage treatment systems (not including individual off-lot systems) may be located within the required open space area as approved by the PA DEP and local Sewage Enforcement Officer. Preferences shall be given to conventional septic systems and alternatives to traditional sand mound systems and other innovative technologies as approved by the PA DEP. All sand mounds and any other above-ground disposal systems must be graded or landscaped to resemble the natural landscape of the site.

Where sewage treatment facilities are located within required open space areas, easements and maintenance agreements must be provided by the developer and approved by the Township to ensure proper maintenance and repair of such facilities.

Water Supply Facilities.

Water supply systems may be located within the required open space area provided that they comply with all local, state and federal regulations.

Where water supply facilities are located within required open space areas, easements and maintenance agreements must be provided by the developer and approved by the Township to ensure proper maintenance and repair of such facilities.

Prime Agricultural Lands. Prime agricultural soils and large tracts of contiguous land suitable for agricultural use shall be preserved to the greatest extent possible.

Scenic Views.

Views of open space developments from exterior roads shall be minimized. Existing vegetation, additional landscaping, and changes in topography should be utilized to the greatest extent possible in order to achieve and maintain a desirable roadway viewshed.

Where scenic view sight lines exist from external roadways through the open space development and beyond to scenic resources, such sight lines shall remain open.

In circumstances where there is inadequate area within the open space development for development to occur outside of all scenic view sight lines, critical visual areas shall be selected to remain open so scenic resources can be seen from the best available viewpoint.

Examples of scenic resources include, but shall not be limited to, the following: mountain ridge lines, combined ridge and valley views, unique site characteristics such as meadows, open fields, bodies of water, stone fences, known wildlife habitat areas, etc. Critical scenic view sight lines and scenic resources shall be determined by a site visit with members of the Township Planning Commission.

Trails and Paths.

Existing Trails and Paths. When a development is traversed by or abuts an existing public trail or path, customarily used by pedestrians and/or equestrians, the Township may require the applicant to make provisions for the continued recreational use of the trail or path, subject to alterations of the course of the trail or path within the boundaries of the open space development under the following conditions:

The points at which the trail or path enters and exits the tract shall remain unchanged.

The proposed alteration exhibits quality trail or path design according to the generally accepted principles of landscape architecture.

The proposed alteration does not run coincidentally with any paved road intended for use by motorized vehicles.

Trail and path design shall conform with the standards listed in Subsection 1F(7)(b) below.

New Trails and Paths. An applicant may propose to develop a new trail or path in accordance with the following criteria:

Trail or path construction and improvements shall adhere to principles of quality trail or path design.

The trail or path shall conform to the Columbia County Comprehensive Recreation, Parks, Greenway and Open Space Plan and/or any applicable Township parks and recreation plan.

Width of the trail or path surface may vary depending upon the type of use to be accommodated, but in no case shall it be less than four feet or greater than 10 feet in width.

Trails and paths shall have a vertical clearance of not less than 10 feet.

When trails or paths are intended for public or private use, they shall be protected by a permanent easement on the properties on which they are located. The width of the protected area on which the trail or path is located shall be a minimum of 10 feet. The language of the easement shall be subject to approval by the Township.

Each trailhead or pathhead shall be marked with appropriate signage noting that motorized vehicles are prohibited.

Path Use Restrictions. For the purposes of this chapter, a path is a trail that is purposefully designed to strictly limit its use to a specific use or combined uses such as walking and jogging only, equestrian and pedestrian, bike path, "no pets," etc. All paths shall conform to the standards of Subsection 1F(7)(b) above. In addition, the following standards shall apply to paths:

Each pathhead shall be clearly marked with appropriate signage noting its permitted uses and its prohibited uses.

The use restrictions pertaining to the path shall be written into the required easements and deeds pertaining to the properties on which the path is located.

Streets. All streets shall be designed and constructed in accordance with the provisions of the Subdivision and Land Development Ordinance in effect in North Centre Township. At the discretion of the Township, or where the applicant can demonstrate to the satisfaction of the Township that a modification of those standards is warranted, the Township may grant the appropriate waiver.

Parking.

Parking Standards and Surfacing. Parking shall be provided in accordance with the requirements of Part 8 of this chapter. In all circumstances where overflow parking is proposed, alternatives to traditional paving will be encouraged and may be required at the discretion of the Township. Examples of paving alternatives shall include porous pavement, paver blocks, and other innovative solutions that serve to reduce the total impervious surface of the site and allow for the infiltration of stormwater.

Overflow Parking. Where site conditions dictate, or when the applicant otherwise demonstrates the feasibility of providing overflow parking as a means of achieving minimum parking requirements or as an alternative to on-lot parking, the Township may approve such a design.

Buffers, Landscaping and Screening. All open space developments shall conform to the buffer, landscaping and screening requirements of this chapter.

Open Space Use Standards.

Permitted Open Space Uses. The following uses are permitted within the open space areas:

Conservation of open space in its natural state, e.g., woodland, fallow field, managed meadow, wildlife habitat, game preserve, environmental education center, or similar conservation-oriented area.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, excluding commercial livestock operations involving swine, poultry, mink or other animals likely to cause highly offensive odors. Residences needed to support an active, viable agricultural or horticultural use may be located in the open space area, but the footprint of the residence shall not be counted towards the minimum required open space.

Pasture land for horses used solely for recreational purposes. Equestrian related structures; i.e., stables, indoor riding rings, run-in sheds, etc., may be permitted, but the impervious coverage created by such structures shall not exceed 2% of the required open space nor increase the total impervious surface of the development beyond the maximum permitted.

Historic lands, historic buildings and structures of local, regional or national significance.

Forestry, if conducted in compliance with all local, state and/or federal regulations. Such activity shall have no adverse impact on the open space. If required by this chapter or recommended by the County Conservation District, an erosion and sedimentation control plan shall be prepared by the developer and submitted to the Township for all forestry related activities. (Clear cutting shall be prohibited in open space areas.)

Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Township.

Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 50% of the minimum required open space or five acres, whichever is less, and can meet the following standards:

Playing fields, playgrounds and sporting courts shall not be located within 150 feet of abutting residential properties.

Parking facilities for playing fields, playgrounds and courts shall also be permitted, but shall be: gravel-surfaced or surfaced with other pervious material; be unlighted; be properly drained; provide safe ingress and egress; and contain the number of parking spaces required by Table 1 of this chapter. (Lots or facilities containing more than 10 parking spaces shall not be counted towards the minimum required open space.)

(h)

If permitted within the applicable zoning district, golf courses may comprise up to 50% of the minimum required open space, but shall not include driving ranges or miniature golf. Associated parking areas and structures shall not be counted towards the minimum required open space. (All such facilities shall also meet the off-street parking requirements set forth in Table 1 of this chapter.)

(i)

Water supply systems, sewage disposal systems (including individual off-lot systems), and stormwater retention areas designed, landscaped and available for use as an integral feature of the open space and are capable of being used or enjoyed by the residents of the development or municipality. Such features must be specifically approved by the Township.

(j)

Easements for drainage, access, sewer or water lines, or other public uses.

(k)

Underground utility rights-of-way. (Above-ground utility and street rights-of-way may traverse open space areas but shall not count towards the minimum required open space.)

(l)

At the discretion of the Township, other uses consistent with those identified above may be permitted if such a use is demonstrated to the satisfaction of the Township to provide a community benefit without detrimental effects.

Prohibited Open Space Uses. Any use not identified in Subsection 1G(1) above as a permitted open space use, or not otherwise authorized by the terms of this chapter shall be deemed as a prohibited use. Further, with the exception of law enforcement, emergency and farm machinery, the use of motorized vehicles within open space areas shall be prohibited, except within approved streets, access drives, driveways and parking areas.

Ownership and Management of Open Space. Except to provide for permitted open space uses, designated open space shall be restricted from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorder in the office of the Columbia County Recorder of Deeds. Subject to such permanent restrictions, open space land in any open space residential development may be owned by a homeowners' association, the county, the Township, a land trust or other conservation organization recognized by the Township, or may remain in private ownership, as provided below:

Offer of Dedication. The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of open space land provided:

Such land is accessible to residents of the Township.

There is no cost of acquisition other than any costs incidental to the transfer of ownership such as title insurance and recording fees.

The Township agrees to and has access to maintain such lands. Where the Township accepts dedication of such open space lands, the Supervisors may require the developer to post financial security to ensure the structural integrity of said improvements as well as the functioning of all improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed 15% of the actual cost of installation of said improvements.

Homeowners' association. The open space land and associated facilities may be held in common ownership by a homeowners' association through the use of a declaration and other documents approved by the Township. Such documents shall be in conformance with the Uniform Planned Community Act of 1996, as amended. The association shall be formed and operated under the following provisions:

The developer shall provide a description of the association including its bylaws and methods for maintaining the open space.

The association shall be organized by the developer and shall be operating with financial subsidization by the developer before the sale of any lots in the development.

Membership in the association is mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from the developer to the homeowners shall be identified.

The association shall be responsible for maintenance and insurance on common open space land, enforceable by liens placed on the home-owners association. Maintenance obligations also may be enforced by the Township that may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.

The members of the homeowners' association shall share equally the costs of maintaining and developing such common land. Shares shall be defined within the association bylaws. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes.)

In the event of a proposed transfer, within the methods herein permitted, of common open space land by the homeowners' association or the assumption of maintenance of such land by the Township, notice of such action shall be given to all property owners within the development.

The Association shall have or hire adequate staff to administer common facilities and properly and continually maintain the open space land.

(h)

The homeowners' association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide that:

The residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow).

The common open space land to be leased shall be maintained for the purposes set forth in this chapter, and local and county plans.

The operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners' association, as the case may be.

(i)

The lease shall be subject to the approval of the Township and any transfer or assignment of the lease shall be further subject to the approval of the Township Supervisors. Lease agreements so entered upon shall be recorded with Columbia County Recorder of Deeds within 30 days of their execution and a copy of the recorded lease shall be filed with the Township.

(j)

Homeowners' association documents demonstrating compliance with the provisions herein shall be filed with final development plans. At the time of preliminary plan submission, the applicant shall provide draft homeowners' association documentation in sufficient detail to demonstrate feasible compliance with this section.

Condominiums. The open space land and associated facilities may be held in common through the use of a condominium declaration and other documents, approved by the Township. Such documents shall be in conformance with the Uniform Condominium Act of 1980. All common open space land shall be held as "common elements" or "limited common element." To the degree applicable, condominium agreements shall comply with the provisions of Subsection 1H(2) above, set forth for homeowners associations. Condominium agreements shall be filed with final development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium agreements with sufficient detail to demonstrate feasible compliance with this section.

Dedication of Easements. The Township may, but shall not be required to, accept easements for public use of any portion of open space lands. The title of such land shall remain in common ownership by a condominium or homeowners' association, provided that:

Such land is accessible to Township residents.

There is no cost of acquisition other than costs incidental to the transfer of ownership, such as title insurance.

A satisfactory maintenance agreement is reached between the developer, condominium or homeowners' association and the Township.

Transfer of Easements to a Private Conservation Organization. With the approval of the Township, an owner may transfer easements to a private or nonprofit organization recognized by the Township, whose purpose it is to conserve open space and/or natural resources, provided that:

The organization is acceptable to the Township, and is a bona fide conservation organization with perpetual existence.

The conveyance contains appropriate provision for proper reverter or transfer to a receiving entity, which itself has such a clause in the event that the organization becomes unwilling or unable to continue carrying out its functions.

A maintenance agreement acceptable to the Township us entered into by the developer and the organization.

Private Ownership of Open Space.

Open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance will all standards and criteria for open space lands herein.

All or portions of the designated open space may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Township may require that responsibility for maintenance of the open space be conferred upon and/or divided among the owners of one or more individual lots.

Maintenance of Open Space and Common Facilities. Unless an alternate proposal is approved by the Township, the cost and responsibility of maintaining open space and common facilities shall be borne by the property owner, condominium association, homeowners' association, or conservation organization as outlined below:

Open Space Management Plan. The applicant shall provide the Township with an open space management plan for the long term maintenance of the designated open space which is being created as part of the development, including maintenance and management of any wastewater disposal, water supply, stormwater management or any other common facilities which may be located within areas of designated open space.

The open space management plan shall include a narrative discussion of the following items:

The manner in which the designated open space and any facilities included therein will be owned and by whom it will be managed and maintained.

The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the designated open space, including conservation plan (s) approved by the County Conservation District, where applicable.

The professional and personal resources that will be necessary in order to maintain and manage the property.

The nature of public or private access that is planned for the designated open space.

The source of money that will be available for such management, preservation and maintenance on a perpetual basis.

At the time of preliminary development plan submission, the applicant shall provide a draft open space management plan with sufficient detail to demonstrate feasible compliance with the provisions of this section.

The management plan shall be recorded with the final development plans, in the office of the Columbia County Recorder of Deeds.

The Township may require, as a condition of final development approval, that appropriate management contracts be established as evidence of the applicant's ability to adhere to the provisions of the approved management plan.

In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to and approval by the Township. Approval of such application by the Township shall not be unreasonably withheld or delayed, so long as:

The proposed change is feasible, is consistent with the purposes of preservation of open space set forth in this section and with the approved development plan.

The plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township.

Enforcement of Obligation for Maintenance of Open Space.

In the event that a homeowners' association, condominium association, any successor organization, or any owner of the open space shall, at any time after establishment of the open space, fails to maintain such land in reasonable order and condition in accordance with the development plan, the open space management plan and/or association or condominium documents as applicable, the Township shall serve written notice upon the responsible entity and the owner of record, setting forth the manner in which the responsible party has failed to maintain the open space land in reasonable order and condition and directing the responsible party or owner to remedy the condition within 20 days. Such notice shall be delivered by personal service or certified mail.

Upon failure of the responsible entity or owner to commence and complete the specified remedial action in accordance with the above notice, the Township may, but shall not be obligated to, take the following actions:

Enter upon the open space, accessing the same through any other lands of such entity, association or individual as may be necessary, to perform such maintenance and take such action necessary to correct the condition provided in the above notice.

Recover any and all costs incurred by the Township in connection with such notice and maintenance from the responsible entity. Payment shall be due within 10 days after written demand by the Township. Upon failure of the responsible entity to pay such costs by the time required, there shall be added thereto, interest at the rate of 6% per annum, as well as all costs incurred by the Township in collection thereof.

All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the responsible entity or owner. Such lien shall extend to all property of such entity or owner within the development containing the effected open space. In the case of an association, such lien shall apply pro rata, against all lot owners who are members of the association, in addition to applying to the affected open space.

§ 27-410 Group Homes or Institutional Residences.

Open Space Performance Bond. Where intended as common or public amenities, all landscape improvements, plantings, accessways and recreational facilities within designated open space areas shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The performance bond or other security shall in the same form and adhere to the same conditions as otherwise required for proposed improvements by this chapter or the Subdivision and Land Development Ordinance in effect in North Centre Township.

§ 27-409 Rooming or Boarding Homes.

[Ord. No. 11/10/2008, § 408]

Rooming or boarding homes may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below:

The lot upon which the rooming or boarding home is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

For the purposes of this chapter, rooming or boarding homes shall be accessory to a single-family detached dwelling, and the owner of the residence must occupy the unit as its legal resident.

Accommodations may be provided for up to four boarders, with a maximum of two persons per bedroom. Such accommodations shall be for periods of one week or more in duration and may or may not include arrangements for meals.

Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection.

Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such a use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

[Ord. No. 11/10/2008, § 409]

Group homes or institutional residences may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Applications for such uses, whether new construction or a conversion, shall also meet all applicable state regulations, as well as the requirements outlined below:

The lot upon which the group home or institutional residence is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

Residents of a group home shall maintain a single household unit with shared use of rooms, and shall share mealtimes and housekeeping responsibilities. There shall however be a no more than two persons per bedroom.

Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at one time. For the purposes of this chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.

Adult supervision shall be provided at the group home or institutional residence on a twenty-four-hour basis.

Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In the case of group homes, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.

Evidence shall be provided with the application for a group home or institutional residence indicating that all applicable state certification and/or licensing requirements have been met. Revocation or suspension of the state permit shall constitute an automatic revocation of the Township zoning permit.

Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

§ 27-411 Personal Care or Nursing Homes.

[Ord. No. 11/10/2008, § 410]

Personal care or nursing homes may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below:

The lot upon which the personal care or nursing home is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

There shall be no more than two persons per bedroom in a personal care home, and adult supervision shall be provided on a twenty-four-hour a day basis.

Nursing home facilities shall meet all applicable state codes regarding patient space requirements, and medical or nursing personnel shall be available on a twenty-four-hour a day basis.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

§ 27-412 Group Day Care Homes, Day-Care Centers, or Nursery Schools.

[Ord. No. 11/10/2008, § 411]

Group day care homes, day-care centers, or nursery schools may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses, whether new construction or a conversion, shall also meet the requirements outlined below:

The lot upon which the group day care home, day-care center, or nursery school is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

Outdoor recreation area shall be provided in accordance with the applicable state regulations. Such areas shall be completely enclosed with a fence, wall, or natural barrier at least six feet in height which is located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or other accessory building may also be used as part of the required enclosure.

Passenger drop-off and pick-up areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

Evidence shall be provided with the application indicating that all appropriate state licensing requirements have been met.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

§ 27-413 Bed-and-Breakfast Establishments.

[Ord. No. 11/10/2008, § 412]

Bed-and-breakfast establishments may be permitted only in those zoning district and as specified in the "District Regulations," Part 3. Every application for such a use, whether new construction or a conversion, shall also meet the requirements outlined below:

The lot upon which the bed-and-breakfast establishment is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.

The operator of the facility shall reside on the lot.

Overnight lodging accommodations for any guest shall not exceed 14 continuous nights nor more than 60 days in any calendar year.

Lodging accommodations may or may not include arrangements for breakfast or other meals.

Dining facilities and food services shall be available only to lodgers, except as may be permitted otherwise by the Zoning Hearing Board in the V Village District.

Satisfactory evidence shall be provided to the Township by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the Pennsylvania Department of Health and Pennsylvania Department of Labor and Industry).

Arrangements for the collection, storage and disposal of solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

Signs advertising the facility shall meet the requirements of Part 7 of this chapter.

The off-street parking requirements set forth in Part 8 and all other applicable provisions of this chapter shall also be met.

§ 27-414 Retail Establishments.

[Ord. No. 11/10/2008, § 413]

Retail establishments, including all those commercial and business establishments set forth in the district regulations, may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. In addition, every proposed retail establishment shall meet the requirements outlined below as well as the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township. Additional documentation may be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.

Applications for new retail establishments shall include a site plan, drawn to scale, showing the tract of ground on which the use is to be situated and the location of all buildings or structures existing or proposed for the site, and other data and documentation sufficient to determine that the proposed use will meet the following standards:

Retail establishments shall have no detrimental effect on the character of the area or neighborhood where they are proposed to be located. All applications for such uses shall include details regarding the proposed use of externally broadcast music, public address systems, public announcements, paging, and similar activities.

All retail uses shall provide adequate sewage disposal facilities and a safe water supply.

Outdoor lighting associated with the proposed establishment shall be mounted and shielded to effectively eliminate direct or reflective glare on adjacent properties and on public streets.

Buffer yards and/or screening shall be provided as required in §§ 27-506 and 27-507 of this chapter, unless required otherwise by the regulations of this Part.

All signs used to advertise retail activities shall meet the requirements of Part 7 of this chapter.

Off-street parking and loading areas shall be provided in accordance with the requirements of §§ 27-801 and 27-802 of this chapter. Access to all proposed retail uses shall meet the requirements of § 27-803.

Arrangements for the collection, storage and disposal of solid wastes generated by the commercial use shall be made by the applicant and submitted to the Township for approval as part of the application for the retail activity. Such arrangements shall indicate the type of screening to be used to conceal waste storage facilities used by the retail operation.

Applications for retail establishments shall also include an indication of the activity's proposed hours of operation.

§ 27-415 Automotive Service Stations and/or Repair Garages.

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be detected at or beyond the property line of the lot containing the commercial activity.

Applicants proposing to change from one commercial use to another in an existing building shall apply to the Zoning Officer for a zoning permit before changing use. All such applicants shall provide sufficient information to the Zoning Officer showing that the issues set forth in Subsection 1A above will be adequately addressed.

Applicants proposing to expand an existing commercial use by 25% or more shall apply to the Zoning Officer for a zoning permit before initiating the expansion. All such applicants shall provide sufficient information to the Zoning Officer showing that the issues set forth in Subsection 1A above will be adequately addressed.

No perpetual outside displays, including sale items, shall be permitted for commercial uses, except where such display is a necessary part of the use, i.e., vehicle sales and similar activities. (See also § 27-435 for requirements pertaining to outdoor, unenclosed storage.)

[Ord. No. 11/10/2008, § 414]

Automotive service stations and/or repair garages may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall also meet the criteria established in § 27-414 of this chapter for retail uses, as well as the standards outlined below, and all applicable state or federal laws:

No automotive service station or repair shop shall be located within 300 feet of any school, playground, nursing home, church or other place of public assembly.

Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line, nor shall any fuel oil, propane gas, or other similar substance be stored within 50 feet of a street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)

All associated repair work (excluding preventive maintenance and minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.

Vehicles being stored on-site for more than 48 hours shall be kept within a building or shall be screened from view as set forth in § 27-507 of this chapter. No such storage area shall exceed three times the size of the garage area in which repairs are being conducted.

Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the Pennsylvania Department of Labor and Industry and Pennsylvania Department of Environmental Protection regulations and is designed to contain all noise, vibrations, dust, and odor generated by the operation.

Arrangements for the collection, storage and disposal of all waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application for such use.

§ 27-416 Personal Storage Warehouses.

[Ord. No. 11/10/2008, § 415]

Personal storage warehouses may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall meet the criteria established in § 27-414 of this chapter for retail uses, as well as the standards outlined below:

There shall be no commercial or residential use conducted from or occurring within such facilities.

Access to such facilities shall be sufficient to accommodate the size and type of items likely to be stored in the warehouse units.

All external storage of boats, RV's, or other vehicles shall be protected by security fencing and shall be shielded or screened from public view as per the requirements of § 27-507 of this chapter.

§ 27-417 Adult Entertainment Establishments.

[Ord. No. 11/10/2008, § 416]

Adult entertainment establishments or facilities may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall meet the criteria established in § 27-414 of this chapter for retail uses, as well as the standards outlined below, and all applicable state or local requirements:

No adult entertainment establishment may be situated or located within:

Five hundred feet of the boundary of any residential district or residential property line.

Five hundred feet of the property line of any church, school, day-care center, theater, park, playground, or other areas where minors congregate.

Five hundred feet of the property line of any other adult entertainment establishment.

Advertisements, displays, or other promotional materials for adult entertainment establishments shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.

All building openings, entries, exits or windows for adult entertainment establishments shall be located, covered or screened in such a manner so as to prevent a view into the interior from any street, sidewalk or other public place. In the case of any adult drive-in theater, viewing screens shall be situated so as to prevent observation from any street, sidewalk or other public area.

Screening shall be provided on both sides and to the rear of the establishment in accordance with the requirements of § 27-507 of this chapter.

Business identification signs shall include no promotional advertisement or displays.

§ 27-418 Agricultural Uses.

[Ord. No. 11/10/2008, § 417]

Irrespective of the specific uses listed or permitted in any of the Township's zoning districts, existing agricultural programs shall be permitted and encouraged as an interim use until such time as the property owner sells or transfers his property interests to persons, agents or others interested in developing a use in conformance with the district regulations set forth in Part 3. All agricultural uses initiated after the effective date of this chapter shall however be subject to the following safeguards and regulations:

General Agricultural Use Regulations. The following general regulations shall apply to all agricultural uses regardless of the zoning district in which they may be located:

Private gardens shall be permitted in all zoning districts.

The raising of livestock or poultry for personal use may be permitted as a principal and/or accessory use in the A Agricultural Preservation and W/C Woodland/Conservation Districts and as a special exception in the RR Rural Residential District. All such activities shall however be subject to the following lot size and animal density requirements:

A Agricultural Preservation and W/C Woodland/Conservation Districts.

Lot Size	Maximum Permitted Animal Density
2 acres	1 AEU per lot*
2+ acres	1/2 AEU per acre

Notes:
*	Animal equivalent unit (See also Pennsylvania Nutrient Management Act for a listing of standard animal weights).

RR Rural Residential District. Animal densities permitted in the RR District shall be 1/2 the amount permitted in the A Agricultural Preservation and W/C Woodland/Conservation Districts for the lot sizes shown.

Household pets are exempt from these regulations. (See also North Centre Township Animal Control Ordinance [Chapter 2], enacted 3/10/2008, or as may hereafter be amended, regarding the regulation and control of animals in the Township.)

Commercial animal husbandry may be permitted as a principal and/or accessory use only in the A Agricultural Preservation and W/C Woodland/Conservation Districts. (See also Subsection 1B below regarding concentrated animal operations.)

Buildings in which livestock or poultry are to be housed (temporarily or permanently) shall be set back at least 100 feet from all property lines and dwellings (other than the owner's residence). All other agricultural buildings shall be set back in accordance with the standards established in the "District Regulations," Part 3. (See also Subsection 1B and C below for additional standards governing concentrated animal operations and stables, respectively.)

No outdoor feedlot, agricultural compost, manure or other similar unenclosed storage shall be located closer than 100 feet to any property line, well, stream, water body, or designated wetland area.

Nothing contained in this chapter shall prohibit a farmer from carrying out normal farming activities, including the spreading of manure in compliance with the requirements of the Pennsylvania Nutrient Management Act.

Concentrated Animal Operations (CAO) (Including the Raising of Livestock and Poultry). The following regulations shall apply for a use with a new or expanded building used to house animals that is placed or constructed after the effective date of this amendment. All new or expanded CAOs shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit and demonstrate compliance with all applicable procedures and requirements of the State Nutrient Management Act, Act 38,[1] and accompanying state regulations, including, but not limited to, an odor management plan.

[Amended by Ord. No. 2017-03, 5/4/2017]

All applications to the Township for new or expanded concentrated animal operations shall include the following information:

A detailed, written description of the type and size of operation being proposed.

A site plan illustrating the proposed location of all outdoor feedlots, animal confinement buildings, manure storage facilities, and manure application areas, and their relation to existing occupied dwellings (other than the owner's residence).

A copy of the applicant's nutrient management plan as approved by the agency having jurisdiction over such plans.

A copy of the applicant's odor management plan as approved by the agency having jurisdiction over such plans.

A new or expanded building used for concentrated animal operations shall not be located within the following, whichever is more restrictive:

Two hundred feet of any district boundary of an RR District (Rural Residential), SR District (Suburban Residential) and/or a V District (Village).

One hundred feet from a dwelling unit on an adjacent property that is not in common ownership and that existed prior to the enactment of this amendment.

A manure storage facility as part of a CAO operation shall require a two-hundred-foot setback from any property line. The setback for these facilities shall be increased to 300 feet if the manure storage facility is located on a slope exceeding 8% or if the facility has a capacity of 1.5 million gallons or more.

Minimum Lot Area. A minimum lot area of 10 acres shall apply, except a minimum lot area of 40 acres if the use will have more than five animal equivalent units per acre on the average.

The applicant should describe, in writing or on site plans, methods that will be used to address water pollution and insect and odor nuisances. The applicant should provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the United States Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may provide a cross-reference to certain sections of such manuals or other written industry standards to describe the methods that will be used.

Manure storage facility setback regulations shall be governed by the State Nutrient Management Regulations.

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

Private or Public Stables.

Private Stables. Private stables may be permitted as an accessory use in the RR Rural Residential, SR Suburban Residential, A Agricultural Preservation and W/C Woodland/Conservation Districts subject to the following lot size and animal density requirements:

A Agricultural Preservation and W/C Woodland/Conservation Districts.

Lot Size	Maximum Permitted Animal Density
2 acres	1 AEU per lot*
2+ acres	1/2 AEU per acre

Notes:
*	Animal equivalent unit (See also Pennsylvania Nutrient Management Act for a listing of Standard Animal Weights).

RR Rural Residential and SR Suburban Residential Districts. Animal densities permitted in the RR Rural Residential and SR Suburban Residential Districts shall be 1/2 the amount permitted in the A Agricultural Preservation and W/C Woodland/Conservation Districts for the lot sizes shown.

Stables and corrals shall be set back at least 100 feet from all property lines and dwellings (except the owner's residence); and may not be situated within a front yard. Manure shall be set back at least 100 feet from all property lines and may not be stored within a front yard in either of the residential zones.

In the RR Rural Residential and SR Suburban Residential Districts, pasture fencing shall be set back a minimum of five feet from all property lines and public or private rights-of-way. In the A Agricultural Preservation and W/C Woodland/Conservation Districts there shall be no specific setback for pasture fencing.

Public Stables or Riding Academies. Public stables or riding academies may be permitted as a principal use in the RR Rural Residential, A Agricultural Preservation and W/C Woodland/Conservation Districts subject to the following requirements:

The lot upon which the stable or riding academy is located shall contain at least five acres of land.

Stables and corrals shall be set back at least 100 feet from all property lines and dwellings (except the owner's residence); and may not be situated within a front yard in the RR Rural Residential District. Manure shall be set back at least 100 feet from all property lines and may not be stored within a front yard in the RR Rural Residential District.

In the RR Rural Residential District, pasture fencing shall be set back a minimum of five feet from all property lines and public or private rights-of-way. In the A Agricultural Preservation and W/C Woodland/Conservation Districts there shall be no specific setback for pasture fencing.

Residential, Nonagricultural, and Agricultural Subdivision Regulations. Consistent with the Governor's Agricultural Land Preservation Policy and the state's subsequent "Growing Greener" initiative, the overall intent of these provisions is to preserve and protect the Township's valuable agricultural lands from irreversible conversion to uses that will result in their loss as an environmental and essential food and fiber resource, and to prevent the loss of precious open space. All nonagricultural and agricultural subdivisions proposed in the A Agricultural Preservation District after January 1, 2009, the effective date of this chapter, shall therefore be subject to the following regulations:

[Amended by Ord. No. 2018-03, 10/30/2018]

In the A Agricultural Preservation District, a tract of land containing 20 acres or less at the effective date of this chapter may be subdivided for residential or nonagricultural purposes in accordance with the following criteria:

The maximum number of residential or nonagricultural lots created shall depend on the size of the parent tract.

All residential lots subdivided from the parent tract shall contain a minimum of one acre of land. All other nonagricultural lots shall meet the use regulations and dimensional requirements set forth in § 27-306 of the district regulations.

In the A Agricultural Preservation District, a tract of land containing in excess of 20 acres as of January 1, 2009, the effective date of this chapter, may only be subdivided for residential or nonagricultural purposes in accordance with the following criteria:

The total amount of land subdivided for residential or nonagricultural purposes shall not exceed 20 acres or 20% (whichever is less) of the parent tract as it existed on January 1, 2009, the effective date of this chapter, unless one of the open space residential development options set forth in § 27-408 of this chapter is utilized by the property owner.

This residential or nonagricultural land must be identified on the subdivision plan at the time of the first subdivision of the parent tract.

Unless part of an open space development, all residential lots subdivided from the parent tract shall contain a minimum of one acre of land and shall meet the use regulations and dimensional requirements set forth in § 27-306 of the district regulations.

Where feasible, all residential and nonagricultural lots created from a single parent tract should be contiguous, use a common access, and be located so as to afford the least disruption to any farm operation as possible.

After January 1, 2009, the effective date of this chapter, tracts of ground located in the A Agricultural Preservation District being subdivided for agricultural purposes must contain a minimum of 20 acres. Any such subdivided parcels shall not thereafter be further subdivided unless the acreage involved is to be added to existing, adjacent lots of record being used for agricultural purposes. A single dwelling unit intended as living quarters for persons working on the site may be permitted on such parcels.

§ 27-421 Forestry or Forest Management Activities.

After January 1, 2009, the effective date of this chapter, tracts of ground located in the A Agricultural Preservation District, previously identified in § 27-418D(2), being subdivided for residential or nonagricultural purposes may be subdivided according to the use regulations and dimensional requirements set forth in § 27-306 of the district regulations as well as Chapter 22, Subdivision and Land Development.

§ 27-419 Roadside Stands.

[Ord. No. 11/10/2008, § 418]

Temporary or permanent roadside stands or shelters may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall also meet the standards outlined below:

Temporary stands shall not exceed 400 square feet in size and shall be removed from the site during the season(s) when they are not in use for the sale or display of products.

Where a temporary roadside stand is established, a minimum of five off-street parking spaces, located outside of the adjoining street right-of-way, shall be provided. The standards set forth in § 27-801, Table 1, of this chapter shall apply to all permanent facilities.

Temporary stands shall be set back at least 20 feet from the edge of the adjoining street right-of-way and at least 50 feet from any intersection. Permanent stands shall meet the setback requirements set forth in the district regulations for structures in the district where they are to be located.

Seasonal zoning permits shall be required for temporary roadside stands.

All signs used to advertise such facilities shall meet the requirements set forth in Part 7 of this chapter.

Roadside stands that are a permitted accessory use shall be limited to the sale of products grown or raised on the premises.

§ 27-420 Kennels.

[Ord. No. 11/10/2008, § 419]

Kennels may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall also meet the standards outlined below: (See also North Centre Township Animal Control Ordinance [Chapter 2], enacted 3/10/2008, or as may hereafter be amended, for additional provisions regarding the regulation and control of animals in the Township.)

All kennels shall be effectively screened from adjacent residential properties and shall not be detrimental to any abutting commercial uses.

Any and all outdoor lighting shall be mounted and shielded in such a way to avoid causing glare on adjacent lots or properties.

All outdoor kennel areas shall be completely enclosed with a chain link fence or other suitable fence or wall meeting the requirements of § 27-505, Subsection 3.

All kennel areas shall be located at least 100 feet from any property line or public right-of-way and 200 feet from any residence, other than the owner's dwelling.

Adequate arrangements shall be made for the disposal of excrement, waste or animal parts and other refuse to the satisfaction of the Township and the Pennsylvania Department of Environmental Protection. Such arrangements shall assure that the wastes will not create odor, dust or other potentially noxious effects that could be considered public nuisances.

[Ord. No. 11/10/2008, § 420]

Forestry or forest management activities may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All such operations shall comply with Pennsylvania Department of Environmental Protection regulations governing timbering harvesting operations, and shall be subject to the following requirements: (It is not the intent of these provisions to prohibit or otherwise regulate the harvesting of timber for personal use or the maintenance of private property, but rather to assure that commercial timbering operations or large scale- forestry activities have been properly planned in advance of their initiation to avoid creating erosion or other problems for the Township or other property owners.)

A Township zoning permit shall be required for forest management operations where:

Such operations involve trucks exceeding 26,000 pounds gross vehicle weight.

Such operations will disturb in excess of 5,000 square feet of earth.

Such operations will necessitate the development of a soil erosion and sedimentation plan.

Applications for a zoning permit shall include the following information:

A sketch plan or drawing showing the outline of the tract from which the timber is to be removed and identifying that portion of the tract where the harvesting is to occur.

An indication on the site plan where access to public roads will be made, and where staging and loading areas will be located.

Where required by state regulations, a copy of the soil erosion and sedimentation plan prepared for and approved by the County Conservation District.

An indication of the length of time anticipated to complete the harvesting activity and the time of year when the activity is to be scheduled.

A site restoration plan, where applicable.

All street and bridge weight limits established in Part 3 of Chapter 15 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, shall be observed for forest management operations. The applicant shall demonstrate to the Township that it has appropriate financial security to ensure the proper maintenance of any and all Township roads being used as part of the timbering operation.

§ 27-422 Limited Industrial Uses.

[Ord. No. 11/10/2008, § 421]

Limited industrial uses, including, but not limited to, (A) enclosed, low-impact manufacturing, assembly and processing activities, (B) enclosed warehousing and storage facilities, (C) wholesale businesses, and (D) contractor or carpentry shops, machine shops, or similar operations, may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall meet the requirements outlined below as well as the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township. Additional documentation may also be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents.

Industrial uses or operations shall abut on or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of manufacturing and employee traffic. Where access is proposed onto a state highway, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as part of the industrial plan submission.

Every industrial use or operation shall be contained within a building, except as may be authorized otherwise by the Township for a specific type of activity.

Adequate sewage and water facilities shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection. The developer shall provide sufficient documentation along with development plans to indicate that such service will be provided.

Arrangements for the collection, storage and disposal of all solid wastes generated by the operation shall be made by the developer and submitted to the Township for approval as a part of his application for such a use. Where determined appropriate, the Township may request review of the proposed arrangements by the Pennsylvania Department of Environmental Protection prior to granting approval.

All storage associated with such industrial uses shall be contained within an enclosed building or shall be shielded from view by a fence and/or screen plantings. No storage shall be located within any setback or required yard area and all such materials shall meet the requirements for outdoor, unenclosed storage set forth in § 27-435 of this chapter.

Buffer yards and/or screening shall be provided as required by §§ 27-506 and 27-507 of this chapter.

All signs proposed for industrial uses shall meet the standards set forth in Part 7 of this chapter.

Off-street parking and loading areas shall be provided in accordance with Part 8 of this chapter.

Accessory sales or retail outlets selling items produced in the manufacturing operation may be permitted in conjunction with an approved principal uses. Where such retail facilities are to be established, additional off-street parking spaces shall be provided to satisfactorily accommodate the commercial activity.

Compliance with the following minimum performance standards, in addition to all applicable local, state or federal codes or regulations (including DEP's air, water and noise pollution control standards) shall be required. The developer shall present sufficient documentation with his application for the industrial use to indicate that each of the applicable performance standards will be met.

Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to cause a nuisance to adjacent uses.

Vibration. No vibrations shall be discernible beyond the property lines of the industry.

Odor. No emission of odorous gas or other odorous matter shall be permitted in such quantity as would be readily detectable along or beyond the lot lines of the industrial operation without the use of instruments.

Toxic or Noxious Matter. No discharge of any toxic or noxious matter in such quantity as would be detrimental or dangerous to public health, safety, comfort or welfare, or would cause injury or damage to property, businesses, or the surrounding natural environment shall be permitted.

Glare. No direct or reflected glare shall be detectable at any point along or beyond the property lines of the industry.

Heat. No direct or reflected heat shall be detectable at any point along or beyond the property lines of the industry.

Dust and Fly Ash. No solid or liquid particles shall be emitted in such quantities as would be readily detectable at any point along or beyond the property lines of the industry or as would produce a public nuisance or hazard.

Smoke. No smoke shall be emitted in such quantity as would become a nuisance.

Fire, Explosion, and Chemical Hazards. In all activities involving, and in all storage of flammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire, explosion, leaks or spills, and appropriate fire fighting and fire suppression equipment and devices standard in the industry, or as may be required by the Occupational Safety and Hazards Administration (OSHA). All such facilities shall be set back a minimum of 250 feet from residential structures. Burning of industrial waste materials in open fires shall be prohibited at all times.

§ 27-424 Mineral Extraction Operations.

Radio Waves or Electrical Disturbances. No activities shall be permitted which emit radio waves or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

§ 27-423 Contractor's Shops and Yards.

[Ord. No. 11/10/2008, § 422]

Contractor's shops and yards may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3, and shall be subject to the following requirements:

All construction, fabricating and fitting activities shall be conducted within an enclosed building or structure.

Buffer yards and/or screening shall be provided around the perimeter of all such activities, including storage yards, meeting the requirements of §§ 27-506 and 27-507 of this chapter. Further, storage yards may not be located within any setback or required yard area, and shall meet the requirements for outdoor, unenclosed storage set forth in § 27-435 of this chapter.

All precautions shall be taken to minimize potentially noxious, hazardous or nuisance occurrences from the facility. Applicants for such uses shall show that their proposed activity will meet the minimum performance standards set forth in § 27-422, Subsection 1J, above.

Any and all outdoor lighting shall be mounted and shielded in such a way to avoid causing glare on adjacent lots or properties.

All signs proposed for such activities uses shall meet the standards set forth in Part 7 of this chapter.

Off-street parking and loading areas shall be provided in accordance with Part 8 of this chapter.

[Ord. No. 11/10/2008, § 423]

Mineral extraction operations, including the commercial excavation of sand, gravel, clay, shale, rock or other natural mineral deposit as may be defined by state or federal regulations, may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All such operations shall comply with Pennsylvania Department of Environmental Protection's and applicable federal permit requirements. A copy of all applicable federal and state permits shall be submitted with any application for a zoning permit for a mineral extraction operation. In addition, the following standards shall be met: (Where however, the requirements of this chapter conflict with any state or federal law or regulation, such state or federal regulation shall prevail.)

Mineral extraction operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties. Where access to a state highway is proposed, a copy of the applicant's PennDOT-issued highway occupancy permit shall be provided to the Township as a part of the extraction plan submission.

A copy of the applicant's soil erosion and sedimentation control plan, reviewed and approved by the County Conservation District, or other designated agency, shall be submitted to the Township to indicate what precautions are to be taken to avoid erosion and sedimentation problems where excavation is proposed. All exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent erosion, unless other erosion control techniques are approved as part of the above-referenced plan.

Screen plantings, buffering, and/or fencing shall be provided along the perimeter of the excavation site as may be required by state or federal regulations. Where not specifically regulated by state or federal standards, a buffer yard of 50 feet and screening in accordance with § 27-507 of this chapter shall be provided. In addition, in the case of open excavation, a fence, at least eight feet in height, shall completely surround the excavated area, except at approved points of ingress and egress. Points of ingress and egress shall have a gate(s) which shall be locked to prevent unauthorized access when the facility is not in operation.

Where not specifically regulated by state or federal standards, no extraction activities, stockpiling or storage of extracted material shall be located within the required buffer (see Subsection 1C above), nor less than 150 feet from a property line, a street right-of-way or residential dwelling, nor less than 250 feet from any stream, body of water or designated wetland area. Further, no stockpiles may exceed 50 feet in height above the original ground surface. All reasonable precautions shall be taken to prevent any materials deposited on stockpiles from being washed, blown, or otherwise transported off the site by natural forces.

Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be setback a minimum of 150 feet from all property lines and public rights-of-way. Such facilities shall not exceed 65 feet in height and shall be subject to such additional conditions and safeguards deemed necessary by the Township Supervisors to protect the public health, safety and welfare.

Any blasting required for extraction operations shall be conducted only by persons having a current license issued by the Pennsylvania Department of Labor and Industry. Blasting, handling and storage of explosives shall be carried out in accordance with the most current rules and regulations of the Department of Labor and Industry. The applicant and/or operator of any excavation involving blasting shall carry insurance to cover such operations in an amount satisfactory to the Township Supervisors.

The applicant shall submit a copy of the state or federally mandated post- closure site restoration plans to the Township as a part of the application for a mineral extraction operation.

The applicant shall provide evidence that all required governmental approvals have been granted prior to the issuance of a zoning permit. In the event the mining operation is found to be in violation of any governmental regulations which require the operation of the facility to cease, such action shall cause the zoning permit to be forfeited. In this case, no resumption of facility operations shall take place unless and until the applicant obtains approval of a new zoning permit application.

All street and bridge weight limits established in Part 3 of Chapter 15 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, shall be observed for mineral extraction operations. The applicant shall demonstrate to the Township that it has appropriate financial security to ensure the proper maintenance of any and all Township roads being used as part of the mining operation.

§ 27-425 Junkyards or Auto Salvage Operations.

[Ord. No. 11/10/2008, § 424]

Junkyards or auto salvage operations may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. In addition, all junkyards or auto salvage operations created after the effective date of this chapter shall comply with the provisions set forth in Part 2 of Chapter 13 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, relating to junk dealers and junkyards.

§ 27-426 Seasonal Dwellings or Hunting Camps.

[Ord. No. 11/10/2008, § 425]

Seasonal dwellings or hunting camps may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. All applications for such uses shall also meet the requirements outlined below:

Every lot to be utilized for a seasonal dwelling or hunting camp shall meet the minimum area and yard requirements set forth in the "District Regulations," Part 3.

Every seasonal dwelling or hunting camp shall be provided with adequate sewage disposal and water supply systems subject to the applicable rules and regulations of the Pennsylvania Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been issued shall be submitted to the Township as part of an application for such a use.

No seasonal dwelling or hunting camp shall be converted to a permanent, full-time dwelling unit unless the same conforms to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all foundation and gross floor area requirements contained in § 27-403 of this chapter shall be met and adequate sewage and water supply systems must be provided.

Where such uses are proposed to be located within an identified floodplain area, all requirements regarding floodproofing contained in Part 6 of this chapter shall be met.

No more than one permanent seasonal dwelling or hunting camp shall be erected or placed on one lot, unless such structures are part of an approved land development.

Recreational vehicles, campers, travel trailers, motor homes, or other similar units may be used as seasonal dwellings or hunting camps subject to the following standards: (No buses, trucks, truck trailers, or similar vehicles or parts of vehicles may however be permitted as seasonal dwellings or hunting camps.)

A seasonal zoning permit shall be required for all such units to be placed on any lot in the Township for more than 30 days in any calendar year. Such permits may be issued for up to 180 days, but must be renewed annually.

All such units must be removed from the site during the off-season.

Each application for a seasonal zoning permit shall include: (a) an indication of the sewage facilities to be used by the unit or (b) an executed arrangement for dumping at a state-approved dump station.

§ 27-427 Outdoor Commercial Recreation Uses.

One additional camping unit may be permitted to visit the site of the original unit periodically during the life of the seasonal permit so long as adequate lot space is available to accommodate both units and all required parking, and adequate arrangements can be made for sewage disposal.

[Ord. No. 11/10/2008, § 426]

Outdoor commercial recreation uses, including campgrounds, RV parks, golf courses, golf driving ranges, and similar activities, may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Applications for such uses shall also meet the requirements outlined below:

A plan showing the proposed facilities and/or design of the recreational facility shall be provided by the applicant with his zoning permit application.

All buildings, structures, and/or active recreation facilities shall be located at least 50 feet from all property lines and shall be screened in accordance with the standards set forth in § 27-507 of this chapter.

Sewage disposal facilities, when proposed, shall be provided by the applicant in accordance with the standards of the Pennsylvania Department of Environmental Protection and applicable local sewage regulations.

Arrangements for the collection, storage and disposal of all solid wastes generated by the facility shall be made by the applicant and submitted to the Township for approval as part of the application process.

Off-street parking facilities shall be provided in accordance with the requirements of Part 8 of this chapter.

Outdoor security lighting provided for the facility shall be installed and shielded to eliminate direct glare on adjacent properties or upon public streets.

No public address system shall be permitted, except where such system will be inaudible at all property lines.

The proposed hours, rules, and security arrangements for the facility shall be included with the application for the use. Consideration shall be given not only to the convenience of the users, but the convenience, safety and welfare of the neighborhood or area in which the facility is to be located.

Where the proposed activity involves a use which presents a potentially hazardous situation, additional safeguards or precautions shall be taken by the applicant to ensure the safety of the public. In all such instances, the Township Supervisors shall review the precautions being proposed and shall determine their adequacy before granting approval to the proposed use.

In addition to meeting the standards set forth above, applications for campgrounds or RV parks shall also meet the requirements contained in the Subdivision and Land Development Ordinance in effect in North Centre Township. Furthermore, a campground or RV park proposed to be situated in any identified floodplain area, must meet the floodplain management requirements established in Part 6 of this chapter.

§ 27-428 Utility Supply Facilities.

[Ord. No. 11/10/2008, § 427]

Utility supply facilities may be permitted only in those zoning districts and as specified in the "District Regulations," Part 3. Applications for such uses shall also meet the requirements outlined below:

There shall be no specific minimum lot size or lot width requirements applied to these uses. Each application shall be evaluated on a case-by-case basis by the Township Supervisors as they review the conditional use application. Appropriate setback and building coverage requirements, designed to protect the public health, safety, and welfare, will be determined at that time.

Utility supply facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.

Structures may be permitted for the housing of transformers, pumps and similar equipment, but shall house only that equipment that is necessary to provide normal maintenance and repair for the systems. Office space may only be provided in the V Village District.

Where, in the opinion of the Township Supervisors, potential safety hazards exist with such facilities, additional precautions (such as buffering, screening, or fencing) may be required.

Outdoor or unenclosed storage areas associated with utility supply facilities shall be secured with a fence and shall be shielded from view by the use of screen planting. In addition, where adjacent land use dictates, in the opinion of the Supervisors, buffer yards of 25 feet or more may also be required to provide sufficient separation between uses. (See also §§ 27-435, 27-506 and 27-507 of this chapter.)

§ 27-429 Commercial Communications Antennas, Towers, and/or Equipment Buildings.

[Ord. No. 11/10/2008, § 428; amended by Ord. No. 2018-01, 6/11/2018]

General and Specific Requirements for Nontower Wireless Communications Facilities.

The following regulations shall apply to all nontower WCF:

Permitted in All Zones Subject to Regulations. Nontower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Township.

Nonconforming Wireless Support Structures. Nontower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming wireless support structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of Care. Any nontower 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.

Wind and Ice. All nontower WCF structures 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).

Aviation Safety. Nontower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Public Safety Communications. Nontower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio Frequency Emissions. A nontower 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.

Removal. In the event that use of a nontower 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 WCF, or portions of WCF, shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF or accessory facility is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.

Insurance. Each person that owns or operates a nontower WCF shall 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 nontower WCF.

Indemnification. Each person that owns or operates a nontower 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 the nontower WCF. Each person that owns or operates a nontower 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 a nontower 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.

(11)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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.

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

The following regulations shall apply to all co-located nontower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:[1]

Zoning Permit Required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a zoning permit from the Township-authorized agency or person. In order to be considered for such permit, the WCF applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures.

Timing of Approval for Applications That Fall Under the WBCA. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Township's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

Accessory Equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Permit Fees. The Township may assess appropriate and reasonable zoning permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.

Editor's Note: See 53 P.S. § 11702.1 et seq.

The following regulations shall apply to all nontower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

Noncommercial Usage Exemption. Township residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

Prohibited on Certain Structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

Conditional Use Authorization Required. Any WCF applicant proposing the construction of a new nontower WCF, or the modification of an existing nontower WCF, shall first obtain a conditional use authorization from the Township. New constructions, modifications, and replacements that do fall under the WBCA shall not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the North Centre Township Zoning Ordinance.

Historic Buildings. No nontower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

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 these WCF provisions. The WCF 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.

Development Regulations. Nontower WCF shall be located or co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

In accordance with industry standards, all nontower WCF applicants must submit documentation to the Township justifying the total height of the nontower WCF. Such documentation shall be analyzed on an individual basis.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence of not less than six feet and not more than eight 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.

Design Regulations. Nontower WCF shall employ stealth technology and be treated to match the wireless support 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.

Removal, Replacement and Modification.

The removal and replacement of nontower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

Any material modification to a WCF shall require notice to be provided to the Township and possible supplemental permit approval to the original permit or authorization.

Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance 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.

Regulations Applicable to All nontower WCF Located in the Public Rights-of-Way. In addition to the applicable nontower WCF provisions listed in § 27-429A(1), the following regulations shall apply to nontower WCF located in the public rights-of-way:

Location. Nontower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or traffic lights. If co-location is not technologically feasible, the WCF applicant shall locate its nontower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Township's approval.

Design Requirements:

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, Place and Manner. The Township shall approve the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment Location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on any wireless support structures or any accessory equipment shall be removed at the sole expense of the owner.

Any proposed underground vault related to nontower WCF shall be reviewed and approved by the Township.

Accessory equipment attached to the wireless support structure shall have 12 feet of vertical clearance above finished grade.

Relocation or Removal of Facilities. Within 60 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 WCF in the ROW 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 have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

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

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Township.

General and Specific Requirements for All Tower-Based Wireless Communications Facilities.

The following regulations shall apply to all tower-based wireless communications facilities.

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, 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.

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1/4 of a mile of the proposed facility. The WCF applicant shall provide proof of the notification to the Township.

Conditional Use Authorization Required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

Prior to the Board's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Board that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

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

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

Engineer Inspection. Prior to the Township's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any Zoning permits.

Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Board, or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

Co-location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Township. The Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a radius of 1/4 of a mile of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF which increases the overall height of such WCF shall first obtain a permit from the Township. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

Gap in Coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists 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. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Township's decision on an application for approval of tower-based WCF.

Additional Antennas. As a condition of approval for all tower-based WCF, 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 WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

Wind and Ice. Any tower-based WCF structures 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).

(11)

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 180 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations.

(12)

Accessory Equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(s) space on the tower-based wireless communications facility greater than 40 feet.

(13)

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.

(14)

Maintenance. The following maintenance requirements shall apply:

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

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Township's residents, and utilize the best available technology for preventing failures and accidents.

(15)

Radio Frequency Emissions. A tower-based 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.

(16)

Historic Buildings or Districts. A tower-based WCF shall not be located upon a property and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township to be of historical significance.

(17)

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 only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(18)

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Township Secretary.

(19)

Noise. Tower-based WCF 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.

(20)

Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(21)

Retention of Experts. The Township may hire any consultant and/or expert 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 these provisions. The WCF 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 regarding these activities.

(22)

Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the WCF applicant, in writing, of any information that may be required to complete such application. 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, and the Township shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Township to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

(23)

Nonconforming Uses. Nonconforming tower-based WCF 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. The co-location of antennas is permitted on nonconforming structures.

(24)

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 WCF or portions of WCF shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Township.

If the WCF and/or accessory facility is not removed within 90 days 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 unused portions of tower-based WCF, including antennas, shall be removed within 90 days of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

(25)

(26)

FCC License. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(27)

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height 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. Each person that owns or operates a tower-based WCF 40 feet or less in height shall 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 each tower-based WCF.

(28)

Indemnification. Each person that owns or operates a tower-based 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 the tower-based WCF. Each person that owns or operates a tower-based 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 tower-based 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.

(29)

Engineer Signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(30)

Financial Security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed and shall be in an amount that is no less than 20% of the value of the tower-based WCF.

Tower-Based Wireless Communications Facilities Outside the Public Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

Development Regulations.

Tower-based WCF shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground.

Tower-based WCF are permitted outside the public rights-of-way in the W/C Woodland/Conservation District by conditional use, subject to the above prohibition.

Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of one acre. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height.

Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.

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 if the proposed WCF is greater than 40 feet in height.

Minimum Setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure height or the minimum setback of the underlying zoning district, whichever is greater, unless it is demonstrated to the reasonable satisfaction of the Board that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design Regulations.

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

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Township.

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

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

Surrounding Environs.

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

The 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.

Fence/Screen.

A security fence having a minimum height of six feet and a maximum height of eight feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

The landscaping shall consist of a screen of evergreen trees planted eight feet on center, each at least four feet in height, and staggered in two rows, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

Accessory Equipment.

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

All accessory equipment, 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.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. 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.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance 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.

Tower-Based Wireless Communications Facilities in the Public Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.

Location and Development Standards.

Tower-based WCF in the public ROW shall not exceed 40 feet in height.

Tower-based WCF are prohibited in areas in which utilities are located underground.

Tower-based WCF shall not be located in the front yard area of any structure.

Tower-based WCF shall be permitted along certain collector roads and arterial roads throughout the Township, regardless of the underlying zoning district. A map of such permitted roads is kept on file at the Township Zoning Office.

The 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.

To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Township, and shall not increase the overall height of the tower-based WCF to more than 40 feet.

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

Time, Place and Manner. The Township shall approve the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

Equipment Location. Tower-based WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Township.

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

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 tower-based WCF in the ROW 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:

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

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

Vacation of a street or road or the release of a utility easement; or

§ 27-430 Commercial Wind Energy Facilities.

An emergency as determined by the Township.

Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above.

[Ord. No. 11/10/2008, § 429; as amended by Ord. No. 2019-04, 8/15/2019]

Commercial wind energy facilities may be permitted only in those zoning districts and as specified in the District Regulations, Part 3. Applications for such uses shall also be subject to the requirements set forth below, as well as all other applicable state or federal regulations.

Purpose and Applicability. The purpose of these regulations is to provide for the construction and operation, and decommissioning of commercial wind energy facilities in North Centre Township, subject to reasonable conditions that will protect the public health, safety and welfare. The regulations are intended to apply to all new wind energy facilities to be constructed after the effective date of this chapter. Wind energy facilities constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided, however, that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall comply with the stated provisions of this section.

Application and Plan Requirements. Applications for wind energy facilities shall at a minimum include the following information:

A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the facility.

Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to the site of the facility.

A site plan, sealed by a professional land surveyor, at a scale not greater than one inch equals 100 feet showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations, electrical cabling from the facility to the substations, ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of all applicable setbacks.

A survey drawing at an appropriate and legible scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.

As applicable, copies of all proposed leases required to be secured by the applicant shall be provided, if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan.

Documents related to decommissioning, including a schedule for such process and financial security.

Other relevant studies, reports, certifications and approvals as may be reasonably required by North Centre Township to ensure compliance with this section.

Design and Installation.

Safety Certifications. The design of the facility shall conform to all applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Dot Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended,[1] and the regulations adopted by the Pennsylvania Department of Labor and Industry.

Editor's Note: 35 P.S. § 7210.101 et seq.

The owner of a wind energy facility shall have all components of the facility inspected in compliance with the established standards of the manufacturer, with each inspection not to exceed a twelve-month period, for structural and operational integrity by a licensed professional engineer, and shall submit a copy of the inspection report to the Township.

Standard scaled drawings of proposed wind turbine structures, including maximum height, the tower, base and footings.

Control and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Visual Appearance and Power Lines.

Wind energy facilities shall be a nonobtrusive color, such as white, off-white or gray.

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind energy facilities shall be designed and located to minimize adverse visual impacts from neighboring areas to the greatest extent feasible. The applicant shall provide three-dimensional graphic information that accurately portrays the visual impact of proposed wind energy facilities from various vantage points selected by the Board of Supervisors. This graphic information shall provide wind energy facilities superimposed upon selected vantage points The Board of Supervisors shall also require the applicant to conduct a balloon test to confirm the visual impact.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

Wind energy facilities shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company.

Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Climb Protection/Locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

Lot Size Requirements. In order for a tract(s) of land to be eligible for a wind energy facility, it shall have a minimum lot size derived as follows: (6 acres X number of Wind Turbines) + 18 acres = minimum lot size.

Maximum Height Requirements. The maximum wind turbine height, as so defined in this chapter, shall not exceed 400 feet.

Setback Requirements.

A wind turbine shall be set back from the nearest occupied building or nonoccupied building on the participating landowner's property a distance not less than 1.5 times the wind turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building or nonoccupied building.

A wind turbine shall be set back from the nearest occupied building or nonoccupied building located on a nonparticipating landowner's property a distance of not less than five times the wind turbine height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied or nonoccupied building.

A wind turbine shall be set back from the nearest property line a distance of not less than two times the wind turbine height. The setback distance shall be measured to the center of the Wind Turbine base.

A wind turbine shall be set back from the nearest public road a distance not less two times the wind turbine height as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

A wind turbine shall be set back from aboveground power lines, public telephone lines and television cable lines a distance no less than two times the wind turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on such lines.

A wind turbine shall be set back at least 2,000 feet from important bird areas as identified by Pennsylvania Audubon and at least 2,000 feet from identified wetlands.

Nuisance Issues.

All wind turbines shall be located so that the level of noise produced by wind turbine operation shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

The applicant shall document that the radio, television, telephone or reception of similar signals from nearby properties will not be disturbed or diminished by the installation of any wind turbine.

No vibration associated with the operation of a wind turbine shall be permitted which is detectable without instruments at or beyond the property line; and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment, or structural soundness.

A wind turbine shall not cause shadow flicker on any occupied building on a nonparticipating landowner's property. The facility owner and operator shall conduct, at the applicant's expense, a modeling study demonstrating that shadow flicker shall not occur on any occupied building on a nonparticipating property.

The facility owner and operator shall provide current contact information to the Township which includes at minimum a phone number and identifies a responsible person for the Township or public to contact regarding emergencies, inquiries and complaints throughout the life of the project. The applicant shall provide the Board of Supervisors a written plan outlining procedures on how complaints about noise, communications interference and vibration and/or other issues will be addressed. For the life of the project, the current contact information shall be conspicuously posted upon locations throughout the property and upon the bases of all wind turbines.

Use of Public Roads.

The applicant shall identify all local public roads to be used within North Centre Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

The applicant shall hire a licensed professional engineer to document the condition of Township roads prior to the start of construction or development activities upon the property. Said documentation shall include photographs and video recordings of all approved travel routes to substantiate the report. The applicant shall ensure that the Township Road Master is present when photographs and video tapes are taken. Copies of the inspection report, photographs, and video tapes shall be submitted to the Township. The applicant's engineer shall document the road conditions again within 30 days from the completion of construction or as weather permits, as determined by the Board of Supervisors. Completion of construction shall be deemed to be the date on which final land development approval is granted by the Board of Supervisors.

A bond shall be posted by the applicant to compensate the Township for any damage to Township roads in compliance with state regulations. (All street and bridge weight limits set forth in Part 3 of Chapter 15 of Ord. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, shall be observed for wind energy facilities.)

The applicant is responsible for all for repairs and remediation of any damaged roads resulting from the installation or subsequent maintenance of a wind energy facility. Such repairs and remediation shall be completed with 30 days from the time of damage unless a greater amount of time is approved by the Board of Supervisors.

Local Emergency Services. The applicant shall provide a copy of the project summary and site plan to local emergency services providers, including paid and volunteer fire departments. At the request of such emergency services providers, the applicant shall cooperate in the development and implementation of an emergency response plan for the wind energy facility.

Liability Insurance. A current general liability policy (adjusted annually to the rate of inflation) covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and not less than $3,000,000 in the aggregate shall be maintained by the facility owner or operator. Certificates of insurance shall be provided to the Township as a part of the applicant's application.

Decommissioning.

The facility owner or operator of a commercial wind energy facility and/or the owner or operator of a noncommercial windmill shall, at his expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or wind turbines. Such facility or wind turbines shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and re-seeded, unless the landowner leasing land for a wind energy facility requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the cost of decommissioning without regard to salvage value of the equipment. Said estimates shall be submitted to North Centre Township after the first year of operation and every fifth year thereafter.

The facility owner or operator of a commercial wind energy facility shall post and maintain decommissioning funds in an amount equal to the identified decommissioning cost. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator of a commercial wind energy facility posting the financial security, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth and is approved by North Centre Township.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to North Centre Township.

If the facility owner or operator of a commercial wind energy facility fails to complete decommissioning within the periods described by Subsection K(1), then North Centre Township shall take such measures as necessary to complete decommissioning.

The escrow agent shall release the decommissioning funds when the facility owner or operator of a commercial wind energy facility has demonstrated and the Township concurs that decommissioning has been satisfactorily completed, or upon written approval of the Township in order to implement the decommissioning plan.

§ 27-431 Home Occupations.

[Ord. No. 11/10/2008, § 430; as amended by Ord. No. 2015-01, 1/12/2015]

No impact home-based businesses and other home occupations may be permitted subject to the following requirements: (Where deed restrictions or other covenants or agreements limit or prohibit home occupations, it shall be the responsibility of those individuals whose property is governed by such restrictions to enforce the limitations. The Township shall have no responsibility for said enforcement.)

No-Impact Home-Based Businesses. No-impact home-based businesses may be permitted in all zoning districts subject to the following standards:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business activity shall be conducted entirely within the owner's dwelling and may occupy no more than 25% of the gross floor area of the residence, not to exceed a total of 400 square feet in the RR Rural Residential and SR Suburban Residential Districts.

The business shall employ no employees other than family members.

There shall be no outside appearance of a business use including, but not limited to, parking area, signs, lights or displays.

The business activity shall 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.

The business activity shall not generate any solid waste or sewage discharge in volume or type which in not normally associated with residential use in the neighborhood.

The business shall not involve any customer, client, or patient traffic, whether vehicular or pedestrian, pick-up, delivery, or removal functions to or from the premises in excess of that normally associated with a residential use.

The business shall not involve any illegal activity.

Home Occupations. Home occupations meeting the following standards may be located within any zoning district in the Township:

The home occupations shall be clearly secondary to the use of the principal residential nature of use of the dwelling where it is to be located.

The area devoted to the permitted home occupation shall be located within the owner's dwelling or a single building accessory thereto.

The home occupation shall occupy an area no more than 25% of the gross floor area of the principal dwelling, and in the RR Rural Residential and SR Suburban Residential Districts, it shall not exceed 400 square feet in size. (No maximum gross floor area standards shall apply to family day care homes.)

The home occupation shall be owned and operated by the individual who is the resident of the dwelling at which the occupation is located. There shall be no more than one nonresident employee engaged in the home occupation.

The home occupation shall in no way alter the residential character of the neighborhood where it is to be located.

The home occupation shall not create any adverse impact on existing vehicular traffic or pedestrian circulation patterns in the neighborhood.

No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.

There shall be no exterior display or sign advertising the home occupation, except as may be permitted in Part 7 of this chapter, and no outdoor storage of materials associated with the occupation on the site.

Off-street parking spaces shall be provided for home occupations as set forth in Part 8 of this chapter.

The home occupation shall comply with all federal, state and local regulations.

(11)

The majority of all goods or products sold on the premises must be produced on the site, or must be related to a service offered on the site.

(12)

Permitted home occupations shall include, but need not be limited to, the following "low-intensity," service-oriented activities which do not meet the criteria for a no-impact, home-based business as set forth above:

Professional offices for physicians, dentists, architects, engineers, real estate or insurance agents, lawyers, accountants and other professional services.

Home offices for seamstresses, fine artists, tutors, and musicians giving lessons.

Barber and beauty shops.

Family day care homes.

Custom baking, and catering operations.

Small appliance or non-automotive electronic equipment repair facilities.

(13)

Requests for other home occupations not addressed above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

(14)

All requests for any home occupation to be located in the SR Suburban or RR Rural Residential Districts, including those listed above, shall be submitted to the Zoning Hearing Board for consideration.

§ 27-432 Farm-Related Businesses.

[Ord. No. 11/10/2008, § 431]

Farm-related businesses may be permitted as accessory uses in the A Agricultural Preservation and W/C Woodland/Conservation Districts, subject to the following requirements. In addition, every proposed farm-related business shall meet the standards set forth in the Subdivision and Land Development Ordinance in effect in North Centre Township.

For the purposes of this chapter, a farm-related business shall be defined as an accessory commercial enterprise conducted on a farm parcel which is related to and/or supportive of an ongoing agricultural operation located on the same tract of ground. All such operations shall remain secondary to the principal agricultural use of the property.

Farm-related businesses shall be conducted entirely within an enclosed building(s) typical of farm buildings, but may not be located within the farm residence. All buildings used for farm-related businesses shall be located in proximity to other farmstead buildings and must remain compatible with the character of the farm and the rural setting in which they are located.

The farm-related business must be owned and operated by the individual who is the resident of the farm on which it is located. There shall be no more than two nonresident employees engaged in the business.

The area devoted to production, storage and sales associated with the farm-related business shall be limited to a total of 2,500 square feet of gross floor area.

No outdoor, unenclosed storage associated with a farm-related business shall become a nuisance or create a safety hazard.

All signs used to advertise such facilities shall meet the requirements of Part 7 of this chapter.

Off-street parking spaces shall be provided for each farm-related business as set forth in Part 8 of this chapter.

Farm-related businesses may include, but need not be limited to, any of the following activities:

Processing, storage, and/or sale of products raised or produced on the premises.

Dairy stores.

Custom butcher shops.

Horticultural nurseries and greenhouses.

Feed or seed sales.

Tack shops or blacksmithing operations.

ABOVE GROUND/ON GROUND POOL

Livestock or animal grooming services.

Requests for other farm-related businesses not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances in effect in the Township, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.

§ 27-433 Swimming Pools and Hot Tubs.

[Ord. No. 11/10/2008, § 432; as amended by Ord. No. 6/10/2013B]

Purpose. The rules presented in this section are intended to provide a means of protection against potential drowning and near-drowning by restricting access to residential swimming pools, spas, and hot tubs.

Definitions.

See definition of "swimming pool."

BARRIER

A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.

HOT TUB

See definition of "swimming pool."

INGROUND POOL

See definition of "swimming pool."

RESIDENTIAL

That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.

SPA

See definition of "swimming pool."

SWIMMING POOL

Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.

Residential Allowance. Residential swimming pools, hot tubs and spas (pools used by the occupant and his/her guests) may be allowed as accessory uses in all zoning districts of the Township after a permit has been obtained. No pool shall be located within any front yard, and shall be situated so as to meet the applicable side and rear yard setback requirements for the district in which it is to be located and shall be subject to the requirements in the following sections.

Barriers. The pool shall be protected by a barrier to prevent inadvertent entry.

The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be four inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches.

Openings in the barrier shall not allow passage of a four-inch diameter sphere.

Solid barriers, which do not have openings, such as a masonry or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches in width. Where there are decorative cutouts, spacing within the cutouts shall not exceed 1 3/4 inches in width.

Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed four inches. Where there are decorative cutouts, spacing within the cutouts shall not exceed 1 3/4 inches in width.

Maximum mesh size for chain link fences shall not exceed 1 3/4 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 1 3/4 inches.

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.

Access gates to the pool shall be equipped to accommodate a locking device. All gates shall open outward, away from the pool, and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate and (2) the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.

Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder to the pool or steps shall be capable of being secured, locked or removed to prevent access, or (2) the ladder or steps shall be surrounded by a barrier which meets this Subsection 4. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a four-inch diameter sphere.

Barrier Locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

Exemptions. Hot tubs and/or spas with a safety cover which is kept properly fastened when not in use and complies with ASTM F1346-91, the Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming

§ 27-434 (Reserved) [1]

Editor's Note: Former § 27-434, Personal Wind Energy Facilities, adopted by Ord. No. 11/10/2008, § 433, was repealed 8/15/2019 by Ord. No. 2019-04.

§ 27-435 Outdoor, Unenclosed Storage.

[Ord. No. 11/10/2008, § 434]

The outdoor or unenclosed storage of materials, equipment, or items of personal property may be permitted as an accessory use on any lot, in all zoning districts in the Township, but shall be subject to the following standards. In addition, all such storage shall comply with the health and safety provisions set forth in Chapter 10 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended. Where there is a conflict between the provisions of this section and the requirements of Ord. No. 1999-01 or any subsequently enacted amendments thereto, the more restrictive provisions shall apply.

Such storage shall be located on a lot occupied by the owner of the materials or items of personal property.

Such storage shall not constitute a nuisance, shall not create of safety hazard, nor shall it occupy more than. 400 square feet of the area of any lot, except for products or equipment used in the performance of agricultural activities.

No storage shall be permitted in a front yard and shall be situated so as to meet the applicable side and rear yard setback requirements for the district in which it is to be located.

No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area shall be used for such storage.

No flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except those directly connected to heating devices, appliances located on the same premises, or facilities authorized to sell or distribute such products.

All materials or wastes which might cause fumes or dust or which constitute a potential fire hazard or which may be attractive to rodents or insects shall be stored only in properly closed and sealed containers.

All outdoor, unenclosed storage associated with commercial or industrial uses shall be screened or shielded from view from adjacent properties and/or public streets or rights-of-way by a fence, wall, or screen plantings as provided in § 27-507 of this chapter.

No outdoor, unenclosed storage shall be permitted within an identified floodplain area.

§ 27-436 Temporary Uses.

[Ord. No. 11/10/2008, § 435]

Outdoor Cultural, Religious, Amusement, or Sporting Events. Temporary uses such as carnivals, circuses, fairs, festivals, or other outdoor cultural, religious, amusement or sporting events exceeding one day in duration may be permitted in the A Agricultural Preservation or W/C Woodland/Conservation Districts in the Township, but shall require the issuance of a temporary zoning permit. Such temporary permit shall be valid for no more than 14 days, unless an extension is approved by the Zoning Hearing Board. All such uses shall be subject to the following standards:

If the temporary use is to take place on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.

The applicant shall provide sufficient insurance coverage to adequately protect the Township against any damage, accident or other claim resulting from the event. Evidence of such insurance shall be submitted as a part of the permit application.

The site of such temporary use shall not be left unattended by the applicant or agents of the applicant at any time during which the use is located on the site. The applicant shall be responsible for all crowd control and for maintaining the event on the approved site.

The application shall include a pedestrian and vehicular circulation plan assuring the safe movement of people and materials into, around and away from the proposed site.

The applicant shall address all potential noise that may be generated by the proposed activity. His application shall include an indication of the maximum amplification to be used to broadcast all aspects of the event.

The application shall include an indication of the hours of operation of all aspects of the event. No part of any event shall be permitted to operate after midnight, or at any other time which the Township may deem inappropriate.

Information concerning water supply and sewage disposal facilities to be used shall be presented to the Township by the applicant with assurance from the Pennsylvania Department of Environmental Protection that these arrangements are adequate.

Any solid waste generated by the temporary use, including trash, litter, and garbage, shall be collected and disposed of in an acceptable fashion by the applicant. The applicant shall submit a proposed plan for such collection and disposal to the Township as a part of his application for such use.

The applicant shall assure the Township that all vendors intending to dispense food or beverages to the public will be properly licensed or approved by the Pennsylvania Department of Health to do so.

Assurance shall be given to the Township by the applicant guaranteeing that there is adequate space to satisfy the parking demands that will be generated by the use and that adequate traffic control precautions will be taken.

All wagons, tents, temporary structures, animals and any other materials brought to the site, as well as all debris or refuse generated by the event, shall be removed by the applicant within the time limit stated on the temporary permit and prior to vacating the site.

The Zoning Officer shall note on the temporary permit, or attach to the permit application, information that demonstrates that the applicant has agreed to or complies with all requirements of this section. The Zoning Officer shall inspect the site as often as necessary to ensure that the provisions of the permit are adhered to.

Mobile Homes or Construction Site Trailers. Mobile homes providing temporary quarters, either for residential, commercial, or industrial uses, or construction site trailers may be authorized by the Zoning Officer, but only for limited periods of time. When so authorized, such units shall be subject to the following standards:

A temporary zoning permit shall be required, and when issued, shall indicate the specific period of time for which the authorization is granted. No temporary permit for such uses shall be issued for a period of time exceeding six months, except as provided in Subsection 2B below.

The Zoning Officer may authorize an extension to or renew the temporary permit for as many as two additional six-month periods, if, in the Zoning Officer's opinion, the applicant encountered unforeseen circumstances in carrying out the operation for which the original temporary permit was issued; or if the permit covered residential use, the refusal of an extension would cause an undue hardship to the applicant.

Information concerning water supply and sewage disposal facilities to be used shall be presented by the applicant as part of his zoning permit application, along with assurance from the Pennsylvania Department of Environmental Protection or Township Sewage Enforcement Officer that these arrangements are adequate.

All such mobile homes shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.

Mobile homes shall not be placed in any identified floodway area. Every such unit to be placed in an identified flood fringe or general floodplain area must comply with all applicable provisions contained in Part 6 of this chapter.

Oil and Gas Operations. Oil and gas operations may be permitted as a temporary use in all zoning districts, but shall be subject to the following standards, in addition to all other applicable federal and state requirements:

A temporary zoning permit shall be required prior to commencement of all such operations.

As part of the application for a temporary zoning permit, the property owner/applicant shall provide a copy of all applicable federal and state permits and/or approvals issued for the proposed operation.

The applicant shall identify all local public roads to be used within North Centre Township to transport equipment, and parts for construction, operation, maintenance and disassembly of the operation as part of the temporary zoning permit application process. The Township Engineer, or other qualified third party engineer, hired by the Township and paid for by the applicant, shall document the condition of all affected Township roads prior to the initiation of the operation and again 30 days after it is complete.

The Township may post and bond such local roads in compliance with state regulations. (All street and bridge weight limits set forth in Part 3 of Chapter 15 of Ord. No. 1999-01, the Code of Ordinances of North Centre Township, adopted January 21, 1999, or as may hereafter be amended, shall be observed for oil and gas operations.)

Any road damage caused by the applicant or his contractors shall be promptly repaired at the applicant's expense. The applicant shall demonstrate to the Township that he has appropriate financial security to ensure the prompt repair of damaged roads to their pre-damage condition.

Upon receipt of the completed temporary permit application, including the required compliance documentation, roadway information and the appropriate filing fee, the Zoning Officer shall review the submission, and when satisfied that the requirements of this section have been met, shall issue the temporary permit for the operation. A copy of the permit shall be conspicuously posted by the applicant at the nearest point of public access to the proposed operation.

Revocation of any required federal, state or municipal approvals shall constitute an automatic revocation of the temporary zoning permit.

Temporary zoning permits for operations shall be valid for a period of one year, but may be extended for additional periods by the Zoning Officer until the operation is completed.

Other Temporary Uses. Other low-impact or no-impact temporary uses deemed beneficial to the public health or general welfare of the Township residents or necessary to promote proper development of the municipality, including yard, garage or porch sales; flea markets; auctions; or periodic parking lot sales, may be permitted to be located in any zoning district in the Township. No zoning permit shall be required for these uses or activities. Temporary uses shall however be subject to the following standards: (See also § 27-419 for requirements for temporary roadside stands.)

All such temporary uses shall be limited to three continuous days no more than five times in any calendar year.

Temporary uses shall meet the minimum setback requirements for the zoning district in which they are to be located.

If the temporary use is to take place on a lot or land not owned by the applicant, the applicant shall obtain written permission from the owner of the property to conduct the proposed activity.

Adequate off-street parking shall be provided to accommodate the proposed temporary activity.

All temporary uses located within an identified floodplain area shall be completely removed from the floodplain by the user if there is a threat of flooding or a flood warning is issued.

§ 27-437 Agritainment Enterprise.

[Added by Ord. No. 2017-02, 1/12/2017]

The following supplemental regulations shall be applicable for the proposed use of an agricultural property for an agritainment enterprise:

Minimum Lot Size and Width.

Lot size: 15 acres.

Lot width: 200 feet.

Setback Distances.

Activities (including parking areas) or structures included for use as an agritainment enterprise shall comply with the following minimum setback distances:

Front yard: 50 feet.

Side yard: 100 feet.

Rear yard: 100 feet.

The above setback distances shall not apply to any existing structures upon the property utilized as a component of any activities offered within the context of an agritainment enterprise.

Ancillary Features. Ancillary features of a property used as an agritainment enterprise may include:

The use of a portion of the property for the temporary placement of campers. horse trailers and recreational vehicles as related to planned events upon the property.

The sale of both prepared food products and fresh farm produce and accessory products that support the specific agritainment enterprise, such as leather tack products, saddles, boots and western wear.

Vendor services offered in compliance with Chapter 13, Part 1.

Maximum Lot Coverage.

Maximum building coverage: 20%.

§ 27-438 Poultry and Domestic Waterfowl.

Maximum impervious surface: 30%.

Off-Street Parking. The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all uses and activities proposed to be operated as part of the agritainment enterprise. If at any time after opening the facility, North Centre Township determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to the lack of sufficient on-site facilities on the subject property, the Board of Supervisors can require the applicant to revise and provide additional on-site parking and/or loading spaces to meet the off-street parking or off-street loading needs within 90 days from said notification. Such language shall be included within any conditional use permit issued for an agritainment enterprise. The Board of Supervisors shall have sole discretion in rendering a decision on the need to provide additional parking for an agritainment enterprise based upon its operation.

Access Drive Requirements. Access drives to an agritainment enterprise shall comply with § 27-803, Driveway and Access Drive Requirements, as set forth in Part 8, Off-Street Parking, Loading and Access Drive Requirements.

Buffer Yards/Landscaping. A yard buffer shall be provided along all side and rear property lines of a property which operates an agritainment enterprise, which complies § 27-506, Buffer Yards/Landscaping, as set forth in Part 5, Supplementary Lot Regulations. The retention of existing vegetation, if applicable, may be included as part of the required buffer.

Land Development Plan. If approved locally at the Township level, review and/or approval by the Columbia County Planning Commission under the County Subdivision and Land Development Ordinance may be required.

[Added by Ord. No. 2017-03, 5/4/2017]

The keeping of poultry and domestic waterfowl for personal use shall be a use permitted by right in all zoning districts, subject to the following requirements:

The use shall not represent or otherwise be classified as a concentrated animal operation.

A minimum lot size, either owned, leased, or rented, of 1/2 acre shall be required.

The lot must have an existing single-family residence or be a contiguous lot owned by the same owner as the single-family residence.

Maximum Permitted Number of Poultry and Domestic Waterfowl:

Lot sizes of 1/2 acre to one acre: the maximum number permitted is six poultry or waterfowl.

Lot sizes more than one acre: the maximum number permitted is 12 poultry or domestic waterfowl per acre.

Roosters may be kept in any district on a property of more than three acres and will be subject to the noise disturbance section (§ 2-106) of the Animal Ordinance (Chapter 2, Part 1, of the North Center Township Code of Ordinances).

The keeping poultry and domestic waterfowl for personal use shall also comply with Ordinance No. 2015-03 of North Centre Township for items/issues not addressed under this § 27-438.[1]

Editor's Note: See Ch. 2, Animals, Part 2.

Coops.

A zoning permit shall be required for the construction of any coop.

The minimum coop size shall be two square feet per bird for chickens.

The outside run shall be enclosed in such a manner as to securely contain the poultry or domestic waterfowl.

Slaughtering or butchering of poultry and domestic waterfowl for personal consumption or religious practices shall be permitted, provided it is done on the property where the poultry and domestic waterfowl are kept and conducted within an enclosed building. Any waste shall be disposed of in a proper and sanitary manner.

Slaughtering or butchering of poultry and domestic waterfowl as a farm-related business shall comply with the regulations of § 27-432, Farm-Related Businesses.

All feed, water, and other items associated with the keeping of poultry and domestic waterfowl shall be protected in a way that prevents infestation by rats, mice, other rodents or other vermin.

§ 27-439 Noncommercial Windmill.

[Added by Ord. No. 2019-04, 8/15/2019]

A noncommercial windmill shall be deemed to be an accessory structure permitted in all zoning districts subject to compliance with regulations contained within this section.

Design and Installation.

Design safety certification. The design of a noncommercial windmill shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

All components of a noncommercial windmill shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code.

Controls and Brakes. A noncommercial windmill shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Rotor Blades. The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

Electrical Components.

All components of a noncommercial windmill shall conform to all the applicable requirements of the Pennsylvania Uniform Construction Code and shall conform to and be maintained in compliance with all federal, state and local requirements.

The applicant shall demonstrate a noncommercial windmill shall not cause disruption or loss of radio, telephone, television or similar signals, and shall be required to mitigate any harm caused by the operation of the system.

At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, or generator where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

Visual Appearance.

Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

A noncommercial windmill's tower and blades shall be painted in a nonreflective, light gray or light blue hue, which blends with sky and clouds.

A noncommercial windmill shall be designed and located in such a manner as to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system:

Shall not project above the top of ridgelines.

Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.

Lot Size, Setback and Height Requirements.

A noncommercial windmill shall not exceed a maximum height of 80 feet and shall be located on a lot with a minimum size of not less than two acres.

Setback Requirements. A noncommercial windmill shall not be located closer to a property line than 2.5 times the wind turbine height as measured from the center point of the base of the tower.

The number of noncommercial windmills permissible per lot shall be as follows:

Lot Size	Number
Less than 2 acres to 5 acres	1
5+ acres to 10 acres	2
More than 10 acres	3

Climb Prevention/Locks.

Towers shall be constructed to provide one of the following means of controlled access or other appropriate method of controlled access:

Tower-climbing apparatus located no closer than 15 feet from the ground.

A locked anti-climb device installed on the tower.

A locked, protective fence at least six feet in height shall enclose the tower and electrical equipment to prevent entry by nonauthorized persons.

Noise and Shadow Flicker.

Audible sound from a noncommercial windmill shall not exceed 50 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume 1: First Tier."

Reasonable efforts shall be made to preclude shadow flicker to any off-site building not owned by the applicant. The applicant shall provide an assessment of potential buildings that could be affected.

Abandonment. A noncommercial windmill which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

§ 27-440 Winery.

[Added by Ord. No. 2020-01, 1/2/2020]

A winery shall be classified as a principal use.

The maximum size of a facility shall not exceed 5,000 square feet of building area, including space allocated to bottling/crushing activities, lab and office space, tasting room, storage, an indoor events room, and a small outdoor event or picnic area.

A detailed narrative shall be provided which fully describes all operations and activities to be undertaken at the facility.

Required Off-Street Parking. A minimum of 15 parking spaces shall be provided to accommodate employees of the facility and visitors. The above spaces shall be separate and distinct from parking spaces required for any other uses which may be located upon the property. In addition, parking shall comply with § 27-801J(14) of this chapter.

Off-Street Loading. A minimum of one off-street loading space shall be required for any deliveries or supplies related to the operation of the facility.

A site plan shall be provided that clearly illustrates the location of the proposed facility, and land dedicated to its operations.

§ 27-441 Regulations for Accessory Solar Energy Systems (ASES). [1]

[Added by Ord. No. 2019-05, 8/15/2019]

Permitted as an Accessory Structure. ASES shall be permitted as a use by right as an accessory structure in all zoning districts.

Compliance with Industry Standards. 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, regulations adopted by the Pennsylvania Department of Labor and Industry, 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 permit application.

Installers. ASES installers must demonstrate that they are listed as a certified installer on the Pennsylvania Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:

Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for PV installation.

Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.

For residential applications, a registered home improvement contractor with the Attorney General's Office.

Maintain in Good Working Order. Upon completion of installation, the ASES shall be maintained in good working order in accordance with manufacturer's standards of and any other 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 actions by North Centre Township in accordance with all applicable ordinances.

Underground Requirements. All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.

Signage. The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.

Glare.

All ASES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Solar Easements. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for an ASES, such matter shall be carried out as a civil agreement between or among all applicable parties. North Centre Township shall not be a party to any agreement designed to provide a solar easement, nor shall North Centre Township be responsible for ensuring the maintenance of any solar easement.

Decommissioning.

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 the system owner and/or operator, or upon termination of the useful life of same.

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.

The ASES owner shall, at the request of North Centre Township, provide information concerning the amount of energy generated by the ASES in the last 12 months.

10.

Zoning Permit Requirements.

A zoning permit application shall document compliance with this chapter and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. The applicant shall be required to secure all applicable building permits required under the Pennsylvania Uniform Construction Code. All permits shall be kept on the premises where the ASES is constructed.

A new zoning permit shall be required if an ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.

The ASES must be properly maintained and be 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.

Prior to the issuance of a zoning permit, applicants must acknowledge in writing that 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:

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

The right to prohibit the development on or growth of any trees or vegetation on such property.

Routine maintenance or like kind replacements do not require a permit.

11.

Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems.

Location. A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.

Setbacks.

Wall-mounted ASES shall comply with the setbacks for principal and accessory structures of the underlying zoning districts.

Solar panels shall not extend beyond any portion of the roof edge.

Height. ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

Code Compliance. For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Pennsylvania Uniform Construction Code and that the roof or wall is capable of holding the load imposed on the structure. Applications for roof-mounted ASES shall be accompanied by engineer stamped plans that demonstrate the structural sufficiency of the roof to hold the weight of the ASES.

12.

Ground-Mounted Accessory Solar Energy Systems.

Setbacks.

The minimum yard setbacks from side and rear property lines shall comply with the required setbacks for a principal structure setback of the underlying zoning district.

Ground-mounted ASES are prohibited in front yards, between the principal building and the public street, excluding front yard locations which are located not less than 200 feet from the front property line.

Height. Freestanding ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.

Coverage.

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. ASES shall not exceed the maximum lot coverage requirements of the underlying zoning district.

If applicable, the applicant shall submit a stormwater management plan that demonstrates compliance with the North Centre Township stormwater management regulations.

Screening. Ground-mounted ASES when located less than 50 feet from a property line 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 using two staggered rows of evergreen trees planted in along the nearest side or rear yard boundary of ASES with the spacing distance between trees not less than eight feet or greater than 10 feet. Said trees shall be not less than six feet in height at the time of planting. In lieu of a planting screen, a decorative fence meeting requirements of the Zoning Ordinance may be used if along such a boundary.

Safety/Warning Signage. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.

Location Restrictions. Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be 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.

Editor's Note: This section was originally adopted as § 27-437, but was renumbered as § 27-441 as the Code already contained a § 27-437.

§ 27-442 Principal Solar Energy Systems (PSES). [1]

[Added by Ord. No. 2019-05, 8/15/2019]

Permitted as a Conditional Use. A PSES shall be permitted as a conditional use in the W/C Woodland/Conservation District.

Compliance with Industry Standards. The PSES layout, design and installation 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, regulations adopted by the Pennsylvania Department of Labor and Industry, 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 permit application.

Installers. PSES installers must demonstrate they are listed as a certified installer on the Pennsylvania Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

Is certified by the North American Board of Certified Energy Practitioners (NABCEP), for solar thermal installation.

Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited solar thermal training program or a solar collector's manufacturer's training program and successfully installed a minimum of three solar thermal systems.

Maintain in Good Working Order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with manufacturer's standards of and any other codes under which the PSES was constructed. Failure of the owner to maintain the PSES in good working order is grounds for appropriate enforcement actions by North Centre Township in accordance with applicable ordinances.

Underground Requirements. All on-site transmission and plumbing lines shall be placed underground to the extent feasible.

Utility Notification. The owner of a PSES shall provide North Centre Township with written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system and approved of such connection.

Signage. No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES, provided that they comply with the prevailing sign regulations.

Glare.

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

Noise Study. A noise study shall be performed and included in the zoning/building permit application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 50 dBA, as measured at the property line.

10.

Tree and Landscaping Removal. No trees or other landscaping otherwise required by the Township ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.

11.

Contact Information. The PSES owner and/or operator shall provide current contact information to the Township which includes at minimum a phone number and identifies a responsible person for the Township or public to contact regarding emergencies, inquiries and complaints throughout the life of the project. The PSES owner and/or operator shall provide the Board of Supervisors a written plan outlining procedures on how complaints will be addressed. For the life of the project, the current contact information shall be conspicuously posted upon locations throughout the property

12.

Solar Easements. Where a subdivision or land development proposes a PSES, solar easements may be provided. If a solar easement, intended to guarantee unobstructed solar access, is desired by the applicant and/or property owner for a PSES, such matter shall be carried out as a civil agreement between or among all applicable parties. North Centre Township shall not be a party to any agreement designed to provide a solar easement, nor shall North Centre Township be responsible for ensuring the maintenance of any solar easement. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements. Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance.

13.

Decommissioning.

The PSES owner is required to notify North Centre Township immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

The PSES owner shall then have 12 months in which to dismantle and remove the PSES, including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. The owner shall also restore the land to its original condition, including forestry plantings of the same type/variety and density as the original. If the owner fails to dismantle and/or remove the PSES and restore the land within the established time frames, North Centre Township may complete the decommissioning and land restoration at the owner's expense.

At the time of issuance of the permit for the construction of the PSES, the owner shall provide financial security in the form and amount acceptable to North Centre Township to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original.

14.

Permit Requirements.

A zoning permit application shall document compliance with this chapter and shall be accompanied by drawings showing the location of the PSES on the property, including property lines. Permits shall be kept on the premises where the PSES is constructed.

PSES shall comply with North Centre Township zoning and subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

Prior to the issuance of a zoning permit, PSES applicants must acknowledge in writing that the issuing of said permit 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:

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

The right to prohibit the development on or growth of any trees or vegetation on such property.

Routine maintenance or like-kind replacements do not require a permit.

15.

Ground-Mounted Principal Solar Systems.

Lot Size. A PSES shall require a lot size of not less than 10 acres.

Setbacks. A PSES shall be set back a distance of not less than 100 feet to any property line.

Height. Ground-mounted PSES shall not exceed 20 feet in height.

Lot Coverage. The surface area of the arrays of a ground-mounted PSES, 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. The PSES shall not exceed the maximum lot coverage requirements of the underlying zoning district.

The applicant shall submit a stormwater management plan that demonstrates compliance with the North Center Township stormwater management regulations.

PSES owners are encouraged to use low-maintenance and low-growing vegetative surfaces under the system as a best management practice for stormwater management.