Township of Nockamixon, PA Use Regulations

Agriculture and horticulture shall include the growing, storage and/or sale of field, truck, nursery and tree crops. Such use may include single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. The keeping of livestock, horses or poultry shall be limited to lots of at least two acres. On lots of less than 10 acres, there shall be no more than two head of livestock per acre and no more than 100 fowl per acre.

Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream, swale or body of water.

A-2 Riding Academy/Boarding Stable: riding academy, livery or boarding stable, subject to the following provisions:

A lot area of not less than 10 acres shall be required.

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1.

A-3 Noncommercial Kennel. The keeping of more than four but fewer than 10 dogs and/or domesticated animals that are more than four months old for breeding and training is permitted, provided that the following conditions are met:

Minimum lot size shall be four acres.

No animal shelter or runway shall be located closer than 200 feet to any property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

A-4 Accessory Agricultural Sales/Farm Stands. Sales of agricultural products may be conducted from a permanent or portable structure as an accessory use to the use A-1 and A-7, under the following conditions:

Farm produce shall be limited to plant material and crops harvested from plants.

At least 25% of the produce must be grown or raised on the property or in the immediate region.

Temporary sales buildings or stands may be located within the required yard areas as set by the zoning district so long as the stand or building is a minimum of 25 feet from the edge of the roadway. Permanent establishments shall be constructed in accordance with the zoning district requirements.

A-5 Agricultural Support Services and Retail: establishments for the sale and service of farm equipment and the sale and supply of farm supplies, such as feed, grain, fertilizer and related accessory products.

A-6 Forestry. Forestry includes commercial logging operations, harvesting of trees and other operations involving the clearing or destruction of wooded areas. Not included under this use is the authorized clearing of woodlands in accordance with approved subdivision/land development plans and/or construction of dwelling unit and driveway on a single lot pursuant to the performance standards included within § 234-36 of this chapter, the removal of diseased or dead trees and normal domestic property maintenance. Forestry operations involving the cutting down of 20 or more merchantable trees on any contiguous wood lot per year shall be undertaken only in accordance with the following (Note: operations not requiring a use permit as indicated above may require other permits such as Bucks County Conservation District approval.):

[Amended 6-9-1992 by Ord. No. 70; 10-8-1996 by Ord. No. 88]

A use permit shall be issued by the Township prior to the commencement of forestry operations, as required above. The Township shall have the right to have the permit application reviewed by a forester and it must be accompanied by the following information:

A forestry plan shall be prepared by a forester, forest technician or forest plan preparer for each forestry operation, as defined above, within Nockamixon Township.

The forestry plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act).[1]

Editor's Note: See 35 P.S. § 691.901 et seq. and 32 P.S. § 693.1 et seq., respectively.

The forestry plan shall address, at a minimum, the following:

Design of the temporary road system.

Water control structures.

Stream crossings.

Log landings.

Haul roads, skid roads and skid trails.

Maintenance.

Road use.

[8]

Road and log landing restoration.

[9]

General location of the anticipated operation in relation to municipal and state highways.

[10]

Property boundary for the tract on which the logging will take place and boundary of the proposed harvest area.

[11]

A stand prescription for each stand located in the proposed harvest area.

[12]

Copies of all required permits shall be submitted as an appendix to the forestry plan.

[13]

When the harvest is completed, both the dirt road used by the trucks and the skid roads used to drag the logs from the woods to the leading area must be seeded and mulched.

Proof of current general liability and worker's compensation insurance.

Proof of PennDOT Highway Occupancy Permit or Township driveway permit for temporary access as applicable.

Where forestry activity will access a Township road, adequate financial security in an amount determined by the Township Engineer shall be posted by the applicant to secure the repair of damaged improvements within the Township right-of-way attributable to the forestry activity.

[Added 2-13-2001 by Ord. No. 103[2]]

Editor's Note: This ordinance also redesignated former Subsection F(1)(f) as Subsection F(1)(g).

Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.

The following requirements shall apply to all forestry operations:

The Township shall be notified three working days prior to the commencement of operations and upon completion of all work prescribed under the forestry plan.

The forestry plan and all related permits shall be available at the forestry operation site.

General operational requirements. The following requirements shall govern all forestry operations:

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare.

No tops or slash shall be left within 25 feet of any public cartway.

All tops and slash between a distance of 25 feet and 50 feet from a public thoroughfare shall be lopped to a maximum height of six feet above the surface of the ground.

No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.

Litter resulting from any forestry operation shall be cleaned up and removed from the site before it is vacated by the operator.

Any soil, stones and/or debris carried onto public cartways must be removed immediately.

All forestry operations and forestry plans shall comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:

Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).

Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).

A-7 Nursery and Greenhouse: the outdoor or indoor raising of plants, shrubs and trees for sale and transplantation. This use does not include a garden center or other such facility whose main activity is the retail sale of plants and shrubs.

Retail sales shall be permitted in association with the nursery or greenhouse, provided that the sales facilities meet the requirements of use A-4 Accessory Agricultural Retail. Any nursery or greenhouse which has associated with it accessory agricultural retail sales shall have a lot area not less than 15 acres.

Any building or structure associated with the nursery or greenhouse shall meet the yard, lot width and setback requirements for single-family detached dwellings for the district in which the use is located. One single-family detached dwelling shall be permitted on the property.

§ 234-18 Residential use regulations.

B-1 Single-Family Detached Dwelling: a building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof.

B-2 Village House. A village house is a single-family detached dwelling on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments. Each unit shall require a minimum of one of the following characteristics:

An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width.

A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches.

A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height.

Hedge yard. A hedge enclosing the front yard using bushes at least 24 inches in height, planted adjacent to each other so as to form a continuous hedge.

B-3 Twin Dwelling: a building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof.

B-4 Duplex Dwelling: a building designed for and occupied exclusively as a residence for two families living independently of each other with one family wholly or partly over the other and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such building, it shall be considered a part thereof.

B-5 Townhouse Dwelling: a dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access and attached to but separated from adjoining dwellings by not more than two party walls.

Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such dwellings may be so attached in any one group.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be required. A minimum of two feet variation in setback shall occur at least every third dwelling.

B-6 Multifamily.

A building, not a townhouse, on a lot designed for and occupied exclusively as a residence for three or more families living independently of one another; an apartment house or apartment complex.

The maximum length of such a building shall be 120 feet.

Multifamily residences shall be arranged in groups or clusters and not in long rows parallel to street lines.

To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used.

The distance between any two buildings either of which faces or backs upon the other in whole or in part shall not be less than 75 feet.

The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet.

The distance between any building face and a parking area shall not be less than 20 feet.

B-7 Single-Family Detached Cluster. A single-family detached cluster use shall be limited to single-family detached dwellings on individual lots. Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features, park land, recreational facilities, community facilities, historic sites or other public uses.

All single-family detached dwelling units within a cluster development shall include front, rear and side yards.

The tract of land to be developed shall be a minimum of 12 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan.

Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the Township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.

Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible.

Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction or agreement acceptable to the Board of Supervisors and duly recorded in the Bucks County Recorder of Deeds Office which restricts further subdivision or development.

Ownerships, methods of conveyance and maintenance regulations as set forth herein shall apply.

B-8 Residential Conversion: the conversion of an existing structure into more than one dwelling; or the conversion of an accessory building into no more than one dwelling; or the conversion of a nonresidential building into one or more dwelling units. In no case shall more than eight dwelling units be created through the residential conversion process.

B-9 Senior Citizen Housing.

Senior citizen housing shall be in the form of a planned community for senior citizens of 55 years of age or older, which provides proper care, supervision, living accommodations and recreation for said senior citizens. Such use may include life care and continuing care facilities and personal care facilities.

The site design, area and dimensional requirements for multifamily developments as specified in Use B-6, Multifamily Dwellings, shall apply to the development of senior citizen housing.

The establishment may include support facilities in accordance with the following standards:

Retail facilities for the use of residents and their guests only. No outside advertising shall be permitted. The retail facilities are limited to the following types: barber or beauty shop, pharmacy, commissary, newsstand, gift shop, snack bar/coffee shop, thrift shop, handicraft shop.

Nursing home designed for temporary or long-term care. The nursing home shall meet the requirements of Use C-10, Nursing Home.

Open space and recreation areas shall be included in the senior citizen housing development. A minimum of 20% of the site shall be developed as passive recreation areas designed for sitting and walking.

(Reserved)[1]

Editor's Note: Former Subsection J, B-10 Community/Group Home, was repealed 11-20-2012 by Ord. No. 145.

B-11 Guest Houses/Bed-and-Breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions:

No more than six guest rooms may be provided.

The minimum lot size for the guest house use shall be three acres for the first guest room and one additional acre for each additional guest room. In no case shall the lot area be less than that required for single-family detached dwellings in the zoning district in which the proposed guest house is located.

One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material of equal height. Such plant material shall be permanently maintained and any plant material which does not live shall be replaced within one year.

At least one bathroom shall be provided for each two guest rooms.

External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons.

The use shall be carried on primarily by members of the immediate family which must reside on the premises.

There shall be no separate kitchen or cooking facilities in any guest room.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed 10 square feet.

If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.

A buffer yard of 50 feet in width shall be provided from adjacent property and street lines. No structure may be located within the buffer yard. The buffer yard may be included within the required front, side or rear yards.

The use may not be established until the applicant has submitted a site plan to the Township which demonstrates compliance with this chapter. The guest house may be periodically inspected by Township or county officials for compliance with all Township requirements and safety standards.

B-12 Mobile Home Park. A mobile home park is a parcel of land or contiguous parcels of land which has been so designated and improved so that it contains two or more mobile home lots for the placement thereon of mobile homes.

The minimum lot size for a mobile home park shall be 10 acres.

Mobile home parks shall be buffered in accordance with the buffering requirements of this chapter.

No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad, which shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.

Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line.

All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be:

Compatible in design with the mobile home to which it is attached.

Sufficiently tight to prevent access by small animals but also to allow ventilation to inhibit interior decay and deterioration.

Totally opaque so that no part of the space between the floor of the mobile home and the mobile home stand is externally visible.

Constructed of materials designed and commonly used for weather surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself.

There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures associated therewith and other mobile homes, adjoining pavement of a park street or common parking area or other common areas or structures.

No mobile home, parking, loading or service area shall be located less than 75 feet from a street ultimate right-of-way or other property line.

All utilities shall be placed underground within the mobile home park.

Not more than 10% of the total number of mobile home spaces shall be rented for residential use of a mobile home for periods of less than 180 days.

All interior parking, service, accessways and streets shall be constructed in accordance with Chapter 196, Subdivision and Land Development.

Park areas for nonresidential use.

No part of any park shall be used for nonresidential purposes except such uses that are required for direct servicing, management or maintenance of the park and its residents.

Nothing contained in this article shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.

All mobile home parks shall be served by centralized sewage disposal systems and centralized water supply systems.

B-13 Private Camp or Cottage Development: a development planned as a whole for seasonal recreational use, comprising two or more cottages and other related buildings, including camps for boys and/or girls using two or more cottages for shelter or sleeping purposes. Camps may include a dining hall, swimming pool, tennis courts or other accessory facilities reserved for use by the camp residents.

The main use of the proposed development shall be seasonal, summer or winter and no occupant shall be permitted to remain for a total period exceeding 180 days during any one calendar year except for an owner-occupant of the facility.

The minimum lot area shall be 25 acres.

The maximum overall density shall not exceed one cottage for every two acres of site area.

No mobile home or recreational vehicle, as defined herein, shall be permitted as part of a cottage development or private camp.

Cottages shall be clustered within one portion of the site so that a minimum of 75% of the site shall be left as undisturbed open space.

§ 234-19 Religious, educational, recreational and institutional use regulations.

C-1 Place of Worship: any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity. Where said use abuts a residential use, the minimum side yard shall be doubled. Minimum lot size shall be five acres.

C-2 School: a private school, religious or nonreligious or a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority:

The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the lot area recommendations of the Pennsylvania State Board of Education.

Minimum yards shall be as follows:

Front yard: 200 feet.

Side yard: 100 feet each.

Rear yard: 200 feet.

C-3 Commercial School: a trade, professional, music, gymnastics, art, dancing or other similar school.

C-4 Library or Museum: a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

C-5A Public and Nonprofit Recreational Facility: a recreational facility, open space or park, owned or operated by the municipality, other governmental agency, nonprofit or quasi-public association.

[Amended 11-9-1994 by Ord. No. 79]

The use shall not be conducted as a private gainful business. The principal activity shall not be one which is customarily carried on as a business.

Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[1] this chapter and/or any other applicable regulations.

Editor's Note: See Ch. 140, Nuisances, Art. I.

C-5B Public and Nonprofit Recreational Facility/Shooting Range and Quasi-Military Games.

[Amended 11-9-1994 by Ord. No. 79]

Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply:

A shooting range shall be permitted by conditional use only in the C, I and LI districts.

For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, the minimum lot area shall be as required by the applicable zoning district.

The range shall be designated and constructed in accordance with then-existing National Rifle Association's standards for the particular type of range and shall comply with future NRA standards as enacted.

The range shall be operated in strict accordance with the existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted.

The range shall be used only for the type of firearms for which it is designed to accommodate.

An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made.

The safety of adjoining properties shall be a primary consideration in the location of the rifle range.

No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[2] this chapter or any other applicable standards.

Editor's Note: See Ch. 140, Nuisances, Art. I.

Buffer plantings shall be provided along property lines of the range in accordance with § 234-30 of this chapter and § 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers may be required at the direction of the Board of Supervisors.

The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property.

Where the recreation facility includes quasi-military operations, games or training, including but not limited to paintball or war game games, the following additional requirements shall be met:

Such use shall be permitted by conditional use only in the C, I and LI Districts.

A minimum lot area of 20 acres shall be required.

A buffer or out-of-bounds area shall be established within which no games under this use shall take place any closer than 150 feet to a street line or a property boundary. The buffer area shall be clearly delineated by placing material approved by the Board of Supervisors in a continuous band around the area where games would be conducted. The marking of the buffer area shall be continuously maintained. The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property.

The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made.

No tournament shall take place except upon approval of a further conditional use by the Board of Supervisors wherein it is established, among other considerations, that no violations of conditions of this chapter have occurred.

No retail sales shall be conducted from the premises including, but not limited to the sale of clothing, weapons, ammunition other than paintballs and the like.

Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site.

No alcoholic beverages shall be permitted or consumed on the site.

Rules of conduct shall be posted and enforced.

No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[3] this chapter and any other applicable regulations.

Editor's Note: See Ch. 140, Nuisances, Art. I.

(k)

Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games.

(l)

At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site.

Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

C-6 Private Recreational Facility: a private recreational facility or park.

[Amended 11-9-1994 by Ord. No. 79]

This use may be conducted as a private gainful business. This use shall only be permitted in the C Commercial, I Industrial and LI Limited Industrial Zoning Districts by conditional use.

Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, a minimum lot area shall be required as per the applicable zoning district.

The range shall be operated in strict accordance with then-existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted.

The range shall be used only for the type of firearms for which it is designed to accommodate.

An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made.

The safety of adjoining properties shall be a primary consideration in the location of the rifle range.

No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[4] this chapter and any other applicable regulations.

Editor's Note: See Ch. 140, Nuisances, Art. I.

The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property.

Where the recreational facility includes quasi-military operations, games or training, including but not limited to, paintball or war game games, the following additional requirements shall be met:

A minimum lot area of 20 acres shall be required.

The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made.

Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site.

No alcoholic beverages shall be permitted or consumed on the site.

Rules of conduct shall be posted and enforced.

No such activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended,[5] this chapter and any other applicable regulations.

Editor's Note: See Ch. 140, Nuisances, Art. I.

Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games.

At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site.

C-7 Golf Course: an area designed for the play of the game of golf containing greens, tees, fairways, bunkers and related areas. This use shall not include a miniature golf course.

[Amended 11-9-1994 by Ord. No. 79]

Minimum lot area: 80 acres.

The golf course may include the following accessory uses: practice driving ranges and putting greens; rest rooms and rain shelters; maintenance facilities; golf cart storage; golf club and general storage facilities; caddy shack; golf club repairs facilities; and pro shops.

No building shall be closer than 100 feet to any lot line or street line.

No golf hole shall be closer than 150 feet to a lot line or street line, measured from the center line of the hole.

Clubhouse facilities. Clubhouse facilities, including locker rooms, restrooms and shower facilities; administrative, management and club membership offices; private dining facilities; including formal dining, grillroom, bar and lounge and snack bar; and indoor and outdoor recreational facilities. Such uses shall be permitted only if they are clearly accessory to the golf course.

Parking. Three off-street parking spaces for each hole. In addition, where a clubhouse is proposed in conjunction with a golf course, one off-street parking space for every five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces.

Any pedestrian and/or golf cart crossing of a public roadway shall be grade separated from the public roadway and subject to approval of the Township.

C-8 Community Center. A community center is an educational, social or recreational center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions:

The use shall not be conducted as a private, gainful business.

No outdoor recreational area shall be located nearer to any lot line than 100 feet.

The minimum lot size shall be three acres.

C-9 Day Care Service: day-care service for more than six children, providing out-of-home care for part of a twenty-four-hour-day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services.

The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division.

Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use or residential district.

C-10 Nursing Home.

A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include senior citizen housing, life care or continuing care facilities, but it can be part of such an establishment in accordance with the standards set herein.

Minimum lot size shall be five acres.

C-11 Hospital: a state-licensed facility subject to the following provisions:

The minimum lot area shall be 10 acres.

The minimum lot width shall be 500 feet.

A hospital shall have direct access from a major collector or arterial highway.

C-12 Cemetery. A cemetery shall be limited to a burial place or graveyard, including a mausoleum.

The minimum lot size shall be 10 acres.

No more than 10% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses or repair shops. This restriction includes parking facilities.

A buffer strip of at least 20 feet shall be provided between a building or burial site and the cemetery property line.

One dwelling, to be used for custodial personnel, may be permitted.

The maximum height of permitted buildings shall be no more than 35 feet.

There shall be no more than one identification sign at each entrance.

The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located.

No such entrance features shall exceed 12 feet in height.

Such use may be an accessory use to a place of worship.

C-13 Municipal Building: a municipal administration building, municipal police station, courthouse, district justice office, road maintenance facility or similar facility.

C-14 Private Club: a private club or lodge established for the fraternal, social, educational, civic or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues.

[Amended 11-9-1994 by Ord. No. 79]

The use shall not be conducted as a private gainful business. The principal activity shall not be one customarily carried on as a business.

The use shall be for members and their authorized guests only.

Dining services and/or the service of alcoholic beverages may be provided for members. These services shall not be provided to the general public.

No outdoor active recreation area shall be located closer than 100 feet to any lot line.

Buffer plantings shall be provided along property lines of the range in accordance with § 234-30 of this chapter and § 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers shall be required at the direction of the Board of Supervisors.

This use does not include a shooting range or quasi-military games.

Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee.

§ 234-20 Office use regulations.

D-1 Office: a building(s) for business, professional or governmental offices.

Such use shall be carried on wholly indoors and within the principal building.

No office building shall have as its principal tenant a store, beauty shop or other personal service shop, and a maximum of 20% of an office building may be devoted to such nonoffice uses.

D-2 Medical Office: a building or buildings with multiple offices for one or more physicians or dentists for examination or treatment of persons as outpatients and laboratories incidental thereto.

D-3 Veterinary Office or Clinic: the office of veterinarian. If a kennel is part of the office or clinic, the use shall meet the regulations of Use A-3, Noncommercial Kennel, or E-21, Commercial Kennel, if the capacity of the kennel facility exceeds 10 dogs or domesticated animals.

§ 234-21 Retail and consumer services use regulations.

[Amended 6-9-1992 by Ord. No. 70; 6-10-1997 by Ord. No. 90; 2-3-2001 by Ord. No. 103; 2-18-2004 by Ord. No. 112; 11-15-2005 by Ord. No. 124]

E-1 Retail Trade and Retail Service: establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her apparel. This use shall include garden center: a retail store selling plants, pottery, potting soil, fertilizers, mulch, garden tools, hardware and the like or any combination thereof as a primary use of the premises. Garden centers are only permitted as E-1 uses. Such use does not include an eating place or other use specifically designated in this chapter as a separate use.

All products produced on the premises shall be sold on the premises.

Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

Stores or groups of stores with a gross floor area in excess of 10,000 square feet are not included.

E-2 Large Retail Store. A large retail store is a store with greater than 10,000 square feet of floor area; and any variety store, supermarket, department store, home improvement center or discount store, regardless of size.

E-3 Financial Establishment.

A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment.

If a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.

E-4 Eating Place: any place for the sale and consumption of food and beverages without drive-through window service, which is prohibited.

E-5 Eating Place, Drive-Through and Fast-Food: cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises.

The use must have direct access to a collector or arterial street.

There shall be only one point of ingress and only one point of egress per collector or arterial street.

Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of nine cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking.

A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.

All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area.

Trash receptacles shall be provided outside the restaurant for patron use.

E-6 Repair Shop: any business for the repair of consumer goods, but not including repair of automobiles, motor vehicles or motorcycles and not including the repair of other items which, as part of the repair process, causes noise, fumes or other disturbances to emanate to the property line of the establishment.

E-7 Motel or Hotel: a building or group of buildings containing rooms for rent for the accommodation of transient guests and may include an eating place.

The use must have direct access to a collector or arterial street.

Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush toilet, a lavatory basin and a bathtub or shower.

E-8 Entertainment.

An entertainment facility shall include a bowling alley, skating rink, billiard hall, indoor movie theater, theater or other similar uses. This use shall not include any activity which meets the definition of Use E-18, Adult Entertainment.

No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate beyond the property boundaries.

E-9 Service Station: a facility whose principle function is the sale of gasoline and fuels for motor vehicles and/or routine automobile service and inspection, which may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs or vehicular sales. Minor automobile accessories and food or beverage items may also be sold, subject to the limitations of this chapter. Any use which provides for gasoline and fuel sales directly to retail customers shall be considered to be a service station and shall meet the requirements of this use.

Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

The minimum lot area shall be one acre.

Access to roads shall be at least 50 feet from the intersection of any streets.

Such use may only be located on an arterial road.

(Reserved)

All pumps, lifts and other service facilities shall be located not closer than 35 feet to any property or street line.

No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties.

All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the Township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways.

All automobile parts and similar articles shall be stored within a building.

Junk vehicles shall not be stored in the open at any time.

The sale or rental of automobiles, trucks or other motor vehicles shall be prohibited.

(14)

A service station may contain the following four types of activities: fuel pumps; convenience commercial, which is the sale of convenience food and beverage items; service bays; and/or car wash. Convenience commercial shall be limited to 4,000 square feet of floor area and meet the requirements of the use convenience store (E-17) of this chapter, except that the minimum lot area required for a convenience store operated as part of a service station shall be one acre total.

(15)

No drive-through windows are permitted for sale of convenience items.

(16)

All requirements of § 234-24J (Accessory Use H-10) relating to regulated storage tanks shall be met.

[Amended 11-20-2012 by Ord. No. 146]

E-10 Motor Vehicle Sales: the sale and lease of new and/or used automobiles, boats, motorcycles; or car, motorcycle and/or boat rentals; or the sale and/or rental of travel campers and recreational, vehicles. This use may include trucks with a maximum gross vehicle weight not exceeding 10 tons.

Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.

An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of use E-11 Automotive Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use.

All refuse shall be stored within a building or enclosed area.

E-11 Automotive Body Repair and Paint Shop: establishments doing paint spraying, body and fender work and custom body work.

All such work shall be performed within a building.

All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.

No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days, unless screened from all adjacent roads and properties by a fence or compact hedge at least eight feet in height.

All facilities and operations must comply with all applicable state and federal regulations.

E-12 Car Wash.

A car wash shall include a water recycling facility.

Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

The facility shall have a drainage system which ensures that water will not collect on driveways, sidewalks or streets.

E-13 Shopping Center: a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:

Such centers shall have a lot area of not less than 10 acres and a lot width of not less than 500 feet at the street right-of-way line.

Such centers may only be located on an arterial or higher order road.

The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style, approved by the Board of Supervisors.

Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without interference from vehicular traffic. No freestanding buildings without such connections shall be permitted as part of a shopping center.

E-14 Specialty/Neighborhood Shopping Facility: small stores dealing in handicrafts, art, flowers, boutiques, antiques, small specialty household items or other household goods or other similar items; major chain stores, supermarkets, department stores, discount stores, service stations, home centers or variety stores shall not be permitted.

Minimum lot area is three acres.

The maximum size of any one shop shall be 3,000 square feet.

The facility shall be planned and designed as a single complex centering around a pedestrian or common area.

The facility shall be designed with a single architectural theme and with signs and lighting compatible with a small-scale shopping facility.

The distance, at the closest point, between any two buildings or groups of units of attached buildings shall not be less than 20 feet.

E-15 Funeral Home: a mortuary or funeral home; but not including a cemetery, columbarium, mausoleum or other permanent storage facility.

E-16 Recreational Campsites: a lot on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation or vacation purposes. A campsite shall be a plot of ground intended for the accommodation of either a recreational vehicle, tent or other individual camping unit. Such campsites shall be rented by the day, week or month only and occupants of such sites shall not use the campsite as a permanent residence. Campsite facilities may include an accessory retail facility which sells food and consumer items to the residents of the campsite. Such retail facility shall be accessory to the campsite and shall not have more than 1,200 square feet of sales area.

The minimum site area shall be 10 acres.

The maximum density permitted is 10 campsites per acre.

Sewage disposal facilities shall be satisfactory to the Bucks County Department of Health.

A minimum of 40% of the site shall be kept as open space, exclusive of buffer yards. Buffer yards shall be 200 feet from all property lines.

The maximum stay in the facility by any individual or family shall not exceed six months in any one calendar year.

E-17 Convenience Store: a retail store offering primarily groceries, prepared food items and other small consumer items intended for quick carry-out trade. Where sale of gasoline or fuel is proposed, the use shall be located only in the district where the use service station (E-9) is permitted and only where the requirements for service station use are met.

Minimum lot area shall be one acre.

Access to the street shall be physically controlled by concrete curbing at least eight inches in height and a ten-foot-wide landscaped strip along all streets frontages and broken only for accessways.

There shall be no more than one access point into the facility from each street on which the facility has frontage, unless specifically permitted by the Board of Supervisors.

Such use may only be located on an arterial road.

No drive-through windows are permitted.

Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located in the rear of the structure and shall be screened from view and landscaped.

Establishments which offer food items for sale, other than prepackaged food items, must meet current Bucks County Department of Health regulations, including a food establishment license and public water supply permit.

E-18 Adult Entertainment: establishments devoted to the display and selling of materials which are pictures, drawings, photographs, videos or other depictions or printed material and paraphernalia or explicit sexual materials which, if knowingly sold to or viewed by a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof. The following provisions shall also apply:

A building or structure for such use shall be located no less than 500 feet from any residential use or residential district, public or private school, church, recreation facility or park or any other religious, educational or institutional use.

No materials sold within shall be visible from any window, door or exterior of the building.

No persons under the age of 18 years of age shall be permitted within an adult entertainment establishment.

E-19 Mini-Warehouse. Such use shall be limited to the storage of personal property within a mini-warehouse structure.

Such use shall be surrounded by a physical barrier, such as a fence, measuring at least six feet in height, and by a buffer strip at least 10 feet in width. The buffer strip shall be planted outside of the fence or other barrier and shall consist of plants which will hide the fence from view from the street and other properties.

The minimum driveway width between buildings shall be 25 feet.

No business activity other than leasing of storage units shall be permitted.

All storage shall be within enclosed buildings, except that no more than 10% of the total storage area may be devoted to outdoor parking spaces for boats, cars, recreational vehicles or other noncommercial vehicles.

Storage of explosive, radioactive or highly flammable materials and chemicals is prohibited.

E-20 Flea Market: the outdoor sale of handicraft items, art, flowers, household goods and antiques.

The maximum site area shall be 10 acres.

The minimum site area shall be five acres.

The minimum setback from all property lines and the street right-of-way line shall be 50 feet.

A planted buffer 25 feet in width shall be provided wherever the use abuts a noncommercial district or use.

Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building are prohibited.

Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation.

E-21 Commercial Kennel: the keeping of more than 10 dogs and/or domesticated animals that are more than four months old for breeding, boarding, grooming and training is permitted, provided that the following conditions are met:

Minimum lot size shall be 10 acres.

No animal shelter or runway shall be located closer than 300 feet to any property line.

The kennel shall be constructed so that the animals cannot stray therefrom.

The property shall have a buffer yard 20 feet in width containing a dense screen of plantings, planted in accordance with § 234-30 of this chapter, along all property and street lines.

The number of dogs and/or other domesticated animals shall not exceed 10 per acre.

E-22 Medical Marijuana Dispensary Facility: an activity or operation owned and operated by a "dispensary," as that term is defined in Act 16 of 2016, known as the "Medical Marijuana Act" ("Act").[1] As used in this § 234-21V, "dispensary company" shall have the same meaning as the term "dispensary" defined in the Act. Medical marijuana dispensary facilities shall be subject to the following regulations:

[Added 1-19-2017 by Ord. No. 163]

A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

No medical marijuana dispensary facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

A medical marijuana dispensary facility shall be clearly identified as such in its signage.

A medical marijuana dispensary facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

Permit application requirements:

A copy of the permit issued to the dispensary company by the Pennsylvania Department of Health under the Act.

Documentation of procedures and measures used or to be used by the medical marijuana dispensary facility and its owner and/or operator to ensure compliance with or to abide by:

The Medical Marijuana Act;

Federal memoranda regarding medical marijuana, including inter alia, the August 29, 2013, United States Department of Justice memorandum (known as the "Cole memorandum"); and

All other applicable laws and regulations governing the dispensary company or the medical marijuana dispensary facility, including the Township's Code of Ordinances.

Documentation that the dispensary company has provided the following information to the Pennsylvania State Police:

Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana dispensary facility and two individuals of the dispensary company who the Pennsylvania State Police may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana dispensary facility.

All information required under § 234-21V(5)(b) above.

Effect on federal law. Nothing in this § 234-21V shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

Editor's Note: See 35 P.S. § 10231.101 et seq.

§ 234-22 Common carriers, public utilities and public service organizations use regulations.

F-1 Utility Operating Facility: a transformer station, pumping station, electrical substation, community alternative energy system, sewage treatment plant, and public utilities not including a public incinerator, public or private landfill or telecommunications facility.

[Amended 5-11-1999 by Ord. No. 97; 12-21-2011 by Ord. No. 144]

For broadcasting towers and water storage facilities, the maximum height shall be determined by the Board of Supervisors in accordance with the needs of the facility as well as the need to protect community safety and appearance. A broadcast tower is a tower to be used for broadcasting on public airwaves and licensed by the Federal Communications Commission, not a private broadcast facility for use by ham radio operators or other individual broadcasters.

The following minimum setbacks from all property lines shall be provided:

Water tower: setback not less than the height of the tower, plus 100 feet.

Electrical substation: 50 feet.

Well facility: 100 feet.

Sewer pumping station: 50 feet.

Water treatment facility: 100 feet.

Water pump station: 20 feet.

Sewage treatment plant: 200 feet.

Broadcasting tower: setback not less than the height of the tower, plus 200 feet.

All other uses: 50 feet.

Community alternative energy system: 100 feet.

[Added 12-21-2011 by Ord. No. 144]

The area required for each facility shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

No parking shall be permitted within the required setbacks.

No zoning permit shall be required for utilities to be located in public streets or rights-of-way.

These standards shall apply to utility operating facilities which are principal uses as well as to utility operating facilities which are accessory uses.

F-2 Emergency Services: emergency services such as fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

For facilities without a community room, there shall be a minimum lot size of one acre.

For facilities with a community room, there shall be a minimum lot size of two acres.

F-3 Telecommunications Facility: equipment and structures involved in receiving, transmitting or relaying telecommunications or radio signals including cellular telecommunications facilities (which consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone line). Such use includes telecommunications equipment, buildings and towers. Such use shall be considered a principal use of the property and is permitted as an additional use on the property, by conditional use approval subject to the requirements set forth herein and in §§ 234-48 and 234-49 of this chapter.

[Added 5-11-1999 by Ord. No. 97]

Before granting conditional use approval for telecommunications facilities, the applicant shall demonstrate to the satisfaction of the Board of Supervisors of Nockamixon Township that the following requirements have been met:

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building.

The following buffer plantings shall be located around the perimeter of the security fence:

An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum.

Existing vegetation (greens and shrubs) shall be preserved to the maximum extent possible.

An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district.

Single use or use combined with another use. A telecommunications facility is permitted on a property either as a single use or a use together with an existing use subject to the following conditions:

The existing use on the property may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the telecommunications provider.

The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

The minimum lot area shall be the area for a telecommunications facility and shall be such area as is determined by the Board of Supervisors to be needed to accommodate the tower, the equipment building, security fence and buffer planting. If the telecommunications facility is to be established on a property with an existing use, the remaining land associated with the primary use after deduction of the lot area required for the telecommunications facility must meet the minimum lot area for the zoning district in which the property is located.

Minimum setbacks. A tower must be located not less than 100 feet from the property line, and the telecommunications building shall comply with the minimum setback requirements for the zoning district in which it is located.

Access. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

Maximum height of tower. The tower must be the minimum height necessary to meet the service needs of the applicant unless the Board of Supervisors shall approve a specific plan for the location on the tower by other telecommunications users at usual and customary rates. However, in no event shall a tower or antenna exceed 200 feet in height from ground level.

Telecommunications facility combined with an existing structure. Telecommunications equipment, including antenna, may be attached to an existing structure or building subject to the following conditions: The telecommunications tower or facility, when combined with an existing structure, shall not exceed the maximum height provided in Subsection C(5) hereof.

Additional requirements for conditional use.

The applicant shall demonstrate, using technical evidence, that the telecommunications facility must be located where it is proposed in order to provide safe and reliable service within the service area of the applicant.

The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers.

The applicant shall present a site plan showing the following items:

Locations of all existing uses and proposed telecommunications facilities.

Elevations of any existing uses and proposed telecommunications facilities.

Vehicular access, fencing and any easements for access and utilities.

The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area unless the Township approves a plan for collocation by other telecommunications users in accordance with Subsection C(5) hereof.

The telecommunications facility shall comply with all state and federal laws and regulations concerning aviation safety.

The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure, falling ice or other debris; and electromagnetic fields or radio frequency interference are within the limitations of the latest editions of standards set by the following oversight organizations:

The American National Standards Institute (ANSI-C95.1, as amended).

The Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended).

The National Council on Radiation Protection and Measurements (NCRP).

The International Radiation Protection Association (IRPA). In addition, all towers and support structures shall be fitted with anti-climbing devices, as approved by industry standards.

In order to reduce the number of towers and/or antenna support structures required in the Township, the following standards shall be met:

All towers and support structures shall be designed to permit accommodation of future users in a manner approved by the Township.

Applicant shall document that existing telecommunications facilities are not available for collocation at usual and customary rates.

The applicant shall document that owners of all tall structures within a one-mile radius of the site proposed have been contacted for permission to install telecommunications facilities thereon and that such structures will not meet the service needs of the applicant or that use of said structures cannot be obtained at a fair and reasonable cost consistent with charges made for similar facilities.

The applicant shall demonstrate that other telecommunication licensees have been contacted, with the objective of encouraging collocation of licensed antennas on the proposed tower.

The applicant shall demonstrate that it has investigated utilizing municipally owned properties and that such properties are either unavailable or cannot meet the service requirements of the applicant.

Applicants erecting a new tower shall agree to permit collocations on the towers at usual and customary rates for collocations.

All other requirements of Nockamixon Township Ordinances and state and federal regulations shall apply to telecommunications uses.

Construction standards. In addition to the above, the following construction standards shall be met:

The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E Manual, as amended.

A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.

Towers and antennas shall be designed to withstand the effects of the wind according to the standards designated 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-E Code, as amended).

Removal. A tower which ceases to use to receive, transmit or relay telecommunication or radio signals for a continuous period of six months shall be disassembled, removed and the area on which it was constructed shall be restored to substantially the condition which existed prior to the construction of the tower. At the time a building permit is issued for the construction of the tower, a bond or other financial security, in an amount approved by the Board of Supervisors, shall be deposited to assure the removal of the tower when it ceases to be used as a telecommunications tower as provided for herein.

§ 234-23 Industrial use regulations.

[Amended 6-9-1992 by Ord. No. 70; 2-13-2001 by Ord. No. 103; 12-17-2003 by Ord. No. 111; 5-18-2006 by Ord. No. 126; 4-17-2007 by Ord. No. 129; 5-20-2009 by Ord. No. 137]

G-1 Manufacturing: establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors.

G-2 Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

No research facility shall be a commercial production facility.

No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical or radioactive materials.

G-3 Wholesale: establishments engaged primarily in the selling of merchandise to retailers; to industrial, commercial, institutional users or to other wholesalers.

G-4 Contractor Services: offices and shops for contractors such as builders, electricians, plumbers, masons, painters, landscapers, roofers or similar contractors.

G-5 Fuel Storage and Distribution: establishments primarily engaged in fuel storage and distribution.

Minimum lot area shall be five acres.

The facility and accessory storage areas shall be set back a minimum of 100 feet from the ultimate street right-of-way and from all other property lines.

G-6 Building Materials Sales: establishments such as lumber yards and those offering for sale finished products used in building and construction. This use shall not include home centers which shall be classified as Use E-2, Large Retail Store.

Millworking is permitted as an accessory use.

Storage yards shall be fully enclosed by fencing and landscaping.

The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

G-7 Truck Terminal: establishments used for the storage of trucks and/or the transfer of freight, other than solid waste, from one truck to another. Short-term warehousing may be permitted.

G-8 Food Processing: establishments engaged in food processing, packing, canning of meat, fish, dairy and other food products as well as the manufacture and packaging of nonalcoholic beverages.

G-9 Solid Waste Facility. Such use shall be limited to those uses meeting the definition of "solid waste facility" as set forth in Article II. In addition, the following regulations shall apply:

Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line to a line of evergreen trees which shall be planted around the perimeter of the site in accordance with the buffer standards of Article V herein.

The facility shall be screened by fencing, walls, berming and other site improvement features to complement the proposed landscaping buffer and shall be surrounded by adequate fencing to prevent unauthorized entry.

The facility shall provide adequate signs which shall be in accordance with Article IX and which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.

The facility shall provide adequate exterior lighting for the safe and efficient operation and security of the facility but as minimal and subdued as possible using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood.

The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions and water effluents, as required under appropriate and relevant federal and state environmental laws.

The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this Article VII.

The facility shall not include any building with a height in excess of 35 feet; provided, however, that for every foot that any building might necessarily be constructed in excess of 35 feet (exclusive of any exhaust stacks) in order to operate properly and safely, five additional feet of front, side and rear yard setback shall be provided, but in no case shall the overall height exceed 55 feet.

The facility shall not include any exhaust or other stack with a height in excess of 100 feet, except as required under the United States Environmental Protection Agency (EPA) or other federal or state regulations and shall provide safeguards and meet Federal Aviation Administration (FAA) regulations regarding limitations relative to airport safety and sound engineering practices.

The facility shall provide adequate storage, loading and unloading facilities and sufficient paved turning areas to permit unobstructed maneuvering room for trash, transfer and ash trucks and shall provide adequate automobile parking as required by Article V herein.

The facility shall have a contract with a pest and rodent control company for the regular elimination and control of rats, flies, vermin and other rodents, insects and pests that might become vectors for carrying disease.

No use shall emit odorous gasses or other odorous matter in such quantities as to be humanly perceptible at or beyond any point at its lot lines.

Dimensional requirements for landfill (municipal or sanitary).

Minimum lot size: 50 acres.

Maximum building coverage: 10%.

Minimum lot width: 900 feet.

Maximum height: 35 feet.

Minimum front Yard: 200 feet (400 feet if adjacent to residences or a residential district).

Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district).

Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district).

Dimensional requirements for other solid waste facilities, as defined in Article II.

Minimum lot size: 20 acres.

Maximum building coverage: 10%.

Minimum lot width: 450 feet.

Maximum height: 35 feet.

Minimum front yard: 200 feet (400 feet if adjacent to residences or a residential district).

Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district).

Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district).

G-10 Junkyard: an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof.

There shall be a minimum lot size of 10 acres and a maximum lot area to be utilized as a junkyard of 20 acres.

Such use shall be a minimum of 200 feet from any public road as measured from the street line and shall be set back from all other properties lines a minimum of 100 feet.

Such uses shall be entirely enclosed by a solid fence or wall, at least eight feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly maintained.

A dense evergreen buffer planted on an earthen berm (minimum four feet in height) shall be provided on the outside perimeter of the fenced area. Evergreens shall be four feet to five feet in height and planted on ten-foot staggered centers.

The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

The storage of paper shall be within a building.

The storage of toxic chemicals shall be prohibited.

Dumping of trash or landfill operations and burning of any materials is specifically prohibited.

All such uses shall be sealed from groundwater contamination.

All fluids must be drained from any machinery, vehicles or parts thereof prior to storage in the junkyard in the manner required by Subsection (11) hereof.

Zoning permit required.

Use G-10 is permitted only after issuance of a zoning permit, under Article XII, following the junkyard operator's submission to the Zoning Officer of:

Written documentation of the means of disposal of anti-freeze, gasoline, oil and other fluids from any machinery, vehicles or parts thereof to be stored in the junkyard; and

Evidence of a contract between the junkyard operator and a facility approved by the Pennsylvania Department of Environmental Protection, providing for the disposal of such fluids or evidence that the Pennsylvania Department of Environmental Protection has approved of some other means of disposal.

The term of said zoning permit is one year and may be renewed annually upon reauthorization by the Zoning Officer following an annual inspection of the junkyard and following the junkyard operator's submission to the Zoning Officer of written documentation establishing that:

All fluids have been disposed of in the manner required by the zoning permit;

The fence or wall enclosing the junkyard is in good repair and neatly maintained;

All other requirements for the G-10 use are being met;

There are no violations of any of the codified ordinances of the Township or of any state or federal laws or regulations; and

No enforcement notices from any local, state or federal agency are outstanding against the junkyard.

G-11 Quarry Extraction Operations: extraction operations conducted in accordance with Article VI of this chapter. Such use shall include extraction operations for sand, clay, shale, gravel, topsoil, stone and similar operations including borrow pits.

G-12 Warehouse: a building or buildings primarily used for the storage of goods and materials.

G-13 Light Equipment Sales and Storage: a facility for the sale, service and/or rental of light equipment for home or farm use, such as lawn and garden tractors, lawn mowers and the like.

Storage area shall be fully enclosed by minimum four-foot high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

All refuse shall be stored within a building or enclosed area.

G-14 Asphalt Plant. Such use shall be a plant or operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building and construction purposes. The requirements for this use set forth in Article VI herein shall apply.

G-15 Ready Mix Concrete Plant. Such use is a plant or operation which has as its primary function the mixing of materials to make concrete. The requirements for this use set forth in Article VI herein shall apply.

G-16 Heavy Equipment Sales and Storage.

Storage areas shall be fully enclosed by minimum four-foot-high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

All refuse shall be stored within a building or enclosed area.

G-17 Truck Sales: the sale and lease of new and/or used trucks and trailers; truck rentals; or farm machinery. This use may include trucks within a maximum gross vehicle weight less than 10 tons but shall not include cars, boats, travel campers, recreation vehicles, motorcycles or snowmobiles.

All facilities shall be located and all services be conducted within the confines of the lot.

All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building.

Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways.

All vehicle parts and similar articles shall be stored within a building.

Storage or display or vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

A body shop may be included as an accessory use, incidental and subordinate to the truck sales, provided that it meets the regulations of use E-11 Automobile Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use.

All refuse shall be stored within a building or enclosed area.

G-18 Radioactive Materials Facility. A radioactive materials facility shall mean any building, structure, land or other place or establishment where any radioactive material is used, manufactured, produced, processed, stored, buried, transported, transferred, received, acquired, owned or possessed except those facilities directly involved in the use of radiation machines or radioactive materials for medical diagnosis and treatment. It shall be unlawful for any person to use, manufacture, produce, process, store, bury, transport, transfer, receive, acquire, own or possess radioactive material in Nockamixon Township except in compliance with the provisions hereof. Any expansion of an existing radioactive materials facility or increase in the amount or intensity of radioactive materials stored, used or otherwise present in an existing radioactive materials facility beyond the amount previously approved by the Township or the amount present on the property on the effective date of this chapter shall comply with the provisions hereof, including, but not limited to, the requirement to obtain conditional use approval for any expansion or increase.

A radioactive materials facility shall be permitted only in the Q Zoning District as a conditional use.

No radioactive materials facility shall contain more than 400,000 curies of radioactive material at any given time. In addition to compliance with the general provisions of § 234-48 of this chapter, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions hereafter stated.

Dimensional requirements.

The minimum lot area shall be 10 acres.

The minimum setback for this use shall be 200 feet from any lot line or street line, whichever results in the larger setback.

A radioactive materials facility shall not be located closer than 1,000 feet to a school, church or residential dwelling unit.

Parking. One off-street parking space for each employee on the largest shift plus one off-street parking space for each employee vehicle normally stored on the premises plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must demonstrate that there is sufficient area on site to accommodate parking based on one space for every 500 square feet of gross floor area to ensure that a sufficient amount of parking can be provided if the use or tenancy changes.

Compliance with other zoning ordinance standards. In addition to the requirements set forth herein, an applicant for conditional use approval for a radioactive materials facility shall demonstrate compliance with the provisions of Article V hereof as well as all other relevant provisions of this chapter. In the event any other provision of this chapter conflicts with any provision hereof, that provision containing the strictest regulation shall apply.

Annual zoning permit. To assure that the operator of a radioactive materials facility continues to comply with the provisions hereof and the conditions of conditional use approval, the operator of such a facility shall obtain a zoning permit on an annual basis with application made by January 15 of each year The permit shall be issued only after inspection by the code enforcement officer, or such other person as is designated by the Township, to determine that the use continues to meet all the provisions hereof and the conditions of any conditional use approval. The code enforcement officer shall require certifications from third parties as to the adequacy of and proper operation of the radiation monitoring and security systems required hereby and that the requirements, concerning personnel and training herein have been met.

Conditional use approval. An applicant for conditional use approval to establish a radioactive materials facility shall demonstrate compliance with all of the following:

Compliance with other regulations. In addition to the regulations hereof, the applicant, prior to conditional use approval, shall demonstrate that permits have been obtained from the Nuclear Regulatory Commission ("NRC") and/or Pennsylvania Department of Environmental Protection ("DEP") to the extent permits are required by either of such agencies. The applicant shall provide Township with notice that it is applying for such a permit and afford the Township an opportunity to participate in the permit application process. The notice shall include a copy of the permit application and all supporting materials. In the event of a conflict between the regulations of the Nuclear Regulatory Commission and/or Pennsylvania Department of Environmental Protection, the strictest regulations shall apply except to the extent any specific regulation hereof is preempted by such other regulatory agencies.

Security of facility. Applicant shall submit plans and materials to demonstrate that the facility shall be secure from unauthorized access, which plans shall include fencing, an adequate alarm system, security guards and/or such other provisions to protect the radioactive materials from access by unauthorized persons.

Financial security. An applicant shall post adequate financial security in the form of cash or an irrevocable letter of credit as determined by the Township in its sole discretion. Any other form of financial security shall be subject to approval by the Township. The financial security posted shall be adequate to assure that the facility will be properly remediated in the event of a release of radioactive materials and will be properly closed when out of service in accordance with the provisions hereof. Additionally, the applicant shall maintain liability insurance in an amount reasonably required by the Township to assure that persons or property damaged as the result of a release of radioactive materials are adequately compensated.

Containment standards. Applicant shall demonstrate that radioactive materials facilities are adequately designed and will be constructed such as to contain the radioactive materials within the area where they are proposed to be stored, processed or used (the "containment area"). The applicant shall submit appropriate plans and other information demonstrating that the design and construction of the facility will be adequate to contain the materials safely within the containment area without release. The plans as well as the installation, construction, repair or modification, closure and removal of such containment facilities shall be subject to approval by the Township.

The containment area shall be constructed of materials sufficient thickness, density and composition so as not to leak or be structurally weakened as the result of contact with the radioactive material or vessels and equipment used in any process involving the radioactive material. The containment area shall be sufficient to contain radioactive releases for a period of time equal to or longer than the maximum anticipated tune sufficient to prevent a release of radiation outside the building in which the containment area is located, but in no case less than 72 hours.

Drainage system. Drainage systems shall be in accordance with the Township Plumbing Code as amended and the following:

The shape of floors in indoor locations or similar areas in outdoor locations shall be not less than 1%.

Drains from indoor storage areas shall be sized to carry the volume of the fire protection water as determined by the design density discharged from the automatic fire extinguishing system over the minimum required system design area or area of the room or area in which the storage is located, whichever is smaller.

Drains shall terminate in an approved location away from buildings, valves, means of egress, fire access roadways, adjoining property and storm drains. Drains for water which may come into contact with radioactive materials shall be contained within the building.

Drains shall be constructed in such a way that there is no possibility that radioactive material can be discharged into the drainage system.

Facility closure.

Temporarily out-of-service facilities. Facilities which are temporarily out of service shall continue to maintain a permit and be monitored and inspected.

Permanently out-of-service facilities. Facilities for which a permit is not kept current or is not monitored and inspected on a regular basis shall be deemed to be permanently out of service and shall be closed in accordance with the provisions hereof.

Plan. The permit holder or applicant shall submit a plan to the Township to terminate storage, dispensing, handling or use of radioactive materials at least 30 days prior to facility closure. The plan shall demonstrate that radioactive materials which were stored, dispensed, handled, or used in the facility have been transported, disposed of or reused in a manner that eliminates the need for further maintenance and any threat to public health, safety and welfare. In addition, closure shall be in accordance with any other state or federal requirements concerning radioactive materials.

All radiation detectors shall be designed to automatically read radiation levels at the times specified in the conditional use approval and to automatically record the readings, the record of which shall be maintained by the permittee or applicant in accordance with the provisions of subsections (g), (m) and (n) hereof.

Monitoring. The applicant shall provide a monitoring plan and construct a monitoring system meeting the following conditions:

Monitoring methods. Monitoring methods shall include the following:

Where water is utilized to shield the area surrounding the radiation source, radiation detectors shall measure any increase in the ambient radiation level of the water above the design levels approved in the conditional use application. Where other containment methods are used, radiation detectors shall be installed outside the shield and shall measure any increase in the amount of radiation beyond the level approved as part of the conditional use application.

Where water is utilized to shield the area surrounding the radiation source, radiation detectors shall be installed above the water and shall measure any increase in the amount of radiation above the design levels approved as part of the conditional use.

Radiation detectors shall also be mounted at an approved location on the building adjacent to the containment area which shall measure any increase in the amount of radiation above the design level approved as part of the conditional use.

Radiation detectors shall be designed such that they provide automatic readings at the times specified in the conditional use approval and automatically record such readings. A record of the recorded readings shall be maintained in accordance with the provisions of subsection (m) hereof.

Radiation monitoring devices. The radiation detectors shall be designed and constructed in such a way as to be readable, outside the containment area and shall also provide automatic notification to a central monitoring service when the level measured by any radiation detection device exceeds the ambient standards approved in the conditional use decision. When the monitoring service receives notification of such a reading, persons identified on a list as part of the conditional use approval shall be immediately notified including the following persons:

911.

Persons designated by the permittee.

Township Code Official or Manager.

Designated emergency management personnel.

[e]

Such other persons as the Township may direct in the conditional use approval.

Monitoring devices shall also be connected to attention getting visual and audible alarms within the building housing the radioactive materials.

Monitoring, testing and inspection. The applicant shall demonstrate annually, that the monitoring, testing and inspections are in compliance with the radioactive materials business plan required herein and shall maintain records adequate to demonstrate compliance therewith. The applicant or permittee shall provide certifications from third parties as to the proper operation of the monitoring devices and the central monitoring service as to the performance of the monitoring system during the previous 12 months and any recommended maintenance or upgrade of the monitoring system. If the monitoring system failed to function according to its design during the previous twelve-month period, a report shall be provided stating the nature of the failure and the steps taken to prevent such an occurrence in the future.

Maintenance, repair or replacement.

It shall be a condition of conditional use approval that the operator of a radioactive materials facility shall carry out maintenance, ordinary upkeep and minor repairs in a careful and safe manner as approved by the NRC.

Any substantial modification or repair of a radioactive materials storage facility other than minor repairs or emergency repairs shall be in accordance with plans submitted to the Township and approved by the NRC.

A permittee may make emergency repairs to a radioactive materials storage facility in advance of seeking an additional permit approval whenever an immediate repair is required to prevent or contain an unauthorized release or to protect the integrity of the containment. However, within five working days after such emergency repairs have been started, permittee shall seek approval by submitting drawings or other information adequate to describe the repairs to the Township and the NRC.

Replacement of any radioactive materials storage components must be in accordance with the provisions hereof and any state or federal requirements concerning same.

Handling radioactive materials. An applicant for conditional use approval shall demonstrate that the handling of radioactive materials shall not be done in such a manner as to substantially increase the risk of release. When radioactive materials are moved into or out of a facility they shall remain in the travel path only for time reasonably necessary to transport the radioactive material and such movement shall be in a manner which will not result in an unauthorized release.

Emergency planning. The applicant shall submit a written Emergency Management Plan. The applicant shall demonstrate that emergency equipment shall be provided which is reasonable and appropriate for potential emergencies presented by the radioactive materials facility. Such equipment shall be regularly tested and adequately maintained. Simplified emergency procedures shall be posted conspicuously in locations where radioactive materials are kept.

(k)

Radioactive Materials Business Plan. An applicant for conditional use approval for a radioactive materials facility shall submit a Radioactive Materials Business Plan ("RMBP") addressing the following:

Each applicant shall file a written plan with the Township, to be known as the RMBP which shall demonstrate the safe use, storage and handling of the radioactive materials. The RMBP may be amended from time to time with the approval of the Township. The RMBP shall be a public record except as otherwise specified. Approval of the RMBP shall mean that the RMBP has provided adequate information for purposes of evaluating the permit approval. Such approval shall not be understood to mean that the Township has made an independent determination of the adequacy of that which is described in the RMBP.

Standards for RMBP. The applicant shall submit the RMBP with the application for conditional use approval. The RMBP shall contain the following:

General requirements. The RMBP shall contain the name and address of the facility and the business phone number of the applicant, the names and titles and emergency phone numbers of the primary and secondary emergency coordinators who will be present on site. The RMBP shall contain a map drawn at a legible scale and a format and detailed determined by the Township. It shall show the location of all buildings and structures, radioactive materials loading area, parking lots, internal roads, storm and sewer drainage, and shall specify the uses of adjacent properties. Information shall also be provided as to location of wells, floodplains, earthquake faults, surface water bodies and/or general land uses including the location of schools, hospitals, institutions and residential areas within one mile of the facility boundaries.

All radioactive materials stored at the facility shall be listed on a radioactive materials inventory sheet.

A site plan and storage map must be included with the RMBP. The drawings are intended for use in emergency response situations. Due to the threat to the safety of the facility posed by the disclosure of the information on the facility storage map, the Township shall take reasonable steps not to disclose this information to the public without the, consent of the operator unless ordered to do so by a court of competent jurisdiction. The permittee or permit applicant shall be deemed a real party in interest in any such action. Prompt notice of a lawsuit to compel disclosure shall be given by the Township to the permittee or applicant. However, the Township shall not be required to take reasonable steps to prevent disclosure where there has been any unauthorized, release of radioactive materials stored in the radioactive materials facility or where such disclosure arises out of any official emergency response related to the radioactive storage facility. The radioactive facility storage map shall be updated whenever there is any change proposed for the location of radioactive materials.

Emergency response/contingency plans. The RMBP shall include an emergency response/contingency plan which shall be subject to approval by the Township.

(l)

Employee training and background checks. A background check, including prior employment history, a criminal record check and the checking of references shall be utilized to assure no employee at a radioactive materials facility has committed a crime or is affiliated with any terrorist organization. The permittee shall provide certification to the Township that no employee with a criminal record or affiliated with a terrorist organization is in its employ. This certification shall be made when the annual zoning permit is issued as well. The employee shall have training appropriate to his or her involvement with radioactive materials.

(m)

Maintenance of records. The following records shall be maintained at the facility:

Current employee records including the background check and training records.

Former employees training records (to be retained at least three years after termination of employment).

Training program.

In addition, the applicant shall maintain a current work copy of the emergency response/contingency plan, a record of recordable/radioactive releases, a record of all inspections and monitoring performed at the facility and a description and documentation of facility emergency response drills. Applicant or permittee shall also maintain a record of all recordings of radiation levels required by this chapter and any conditional use approval. All records required by the provisions hereof shall be maintained by the permittee, owner, operator or other person who obtains approval for the operation of a radioactive materials facility for a period of not less than three years. Said records shall be made available to the Township at all reasonable hours and upon reasonable notice.

(n)

Reports to Township. Reports shall be submitted to the Township of any unauthorized release as soon as any person in charge of the radioactive materials facility or person responsible for emergency response for such a facility has knowledge of any confirmed or unconfirmed release of radiation. Such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the Township of the occurrence within one hour of same occurring.

(o)

Cleanup responsibility. Any person, firm, corporation or other entity responsible for the keeping, storage and use of radioactive materials at a radioactive materials facility shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual. The Township or Nockamixon Township Fire Department, or emergency response agency, shall undertake to remedy the effects of such unauthorized release itself or themselves only if it is determined that it is reasonably necessary under the circumstances to do so. The responsible party shall be liable to the Township, Nockamixon Township Fire Company or other emergency response agency for all costs incurred in remedying the effects of such unauthorized release including the cost of fighting fires, emergency response, traffic direction and the like. This responsibility is not conditioned upon evidence of willful conduct or negligence of the person who owns, leases, operates or is otherwise responsible for the radiation materials facility in causing or allowing such release. Any responsible party who undertakes action to remedy the effects of unauthorized releases shall be entitled to recover appropriate costs and expenditures from the responsible parties.

(p)

Indemnification. The applicant, owner and operator of any radioactive materials facility shall indemnify, hold harmless and, defend the Township against any claim, cause of action, disability, loss, liability, damage, cost or expense howsoever arising which occurs by reason of an unauthorized release of radiation or radioactive materials in connection with the operation of a radioactive materials facility.

(q)

Inspections and records. The Township may conduct inspections, at its direction, for the purpose of ascertaining compliance with the provisions hereof, any provision of any governmental approval, and causing to be corrected any conditions which would constitute any violation of the provisions hereof or of any other law affecting the storage, handling and keeping of radioactive materials. Permittee shall not be required to disclose the identity of radioactive materials protected as, trade secrets pursuant to federal or state law to anyone other than the official designated by the Township to receive said information, except in the case of an emergency response or an unauthorized release related to the storage facility in which the trade secret material is contained. Therefore, permittee may put temporary coverings over the labels of trade secret materials during the course of the Township's inspections conducted by other than the Township official so designated. The designated Township official shall report his or her findings to the Township's Board of Supervisors.

(r)

Right of entry. Whenever necessary for the purpose of investigating and enforcing the provisions hereof or whenever any enforcement officer has reasonable cause to believe that there exists in any structure or upon any premises, any condition which constitutes the violation of the provisions hereof, said officers may enter such structure or premises at all reasonable times to inspect the same, or to perform any duty imposed upon any of said respective officers by law; provided, that if such structure or premises be occupied, the officer shall first present proper credentials and request entry; and, further provided, that if such structure or premises is unoccupied, the officer shall first make a reasonable attempt to contact a responsible person from such firm or corporation and request entry, except in emergency circumstances. If such entry is refused, the officer seeking entry shall have recourse to every remedy provided by law to secure entry.

(s)

Inspections by the Township-Discretionary. All inspections specified herein shall be at the discretion of the Township and nothing in the provisions herein shall be construed as requiring the Township to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, nothing in the provisions herein shall be construed to hold the Township or any officer, employee or representative of the Township responsible for any damage to persons or property by reason of making an inadequate or negligent inspection or by reason of any failure to make an inspection or re-inspection.

(t)

Inspection by permittee. The permittee shall conduct regular inspections of its own facilities to assure compliance with the provisions hereof and shall maintain logs or file reports in accordance with its RMBP. The inspector conducting such inspections shall be qualified to conduct such inspections.

G-19 Recovery of Subsurface Gas and Oil Deposits.[1] These are activities limited to the recovery and removal of subsurface gas and oil deposits through direct on-site drilling as defined and set forth in the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.) and the regulations enacted thereto. This use does not include the recovery and removal of any other subsurface minerals, such as coal, gravel, sand, clay, topsoil, stone or any other mineral other than oil and gas, such use being covered by use G-11, Quarry Extraction Operations. Use G-18 is permitted subject to all of the following requirements:

Statement of purpose. The purpose of this subsection is to provide for the health, safety, welfare and environment of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits to enable oil and gas deposits to extracted through direct, on-site wells; and to permit wells to be drilled and placed in production in a safe manner with the utmost regard for protection of existing Nockamixon Township water supply wells, sewage disposal facilities, structures, natural resources, farmland and other environmental features.

Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I Industrial, and Q Quarry Zoning Districts. This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

[Amended 2-19-2015 by Ord. No. 157]

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued, until the applicable procedures and standards in this Subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania and United States Government have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction including, without limitation, the operator's license and copies of all state and federal permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§ 196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended; as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.

For all wells, if drilling has not been initiated within one year after the conditional use approval of the application, the conditional use approval is automatically rescinded. An extension may be granted by the Nockamixon Township Board of Supervisors for a maximum of one year upon written request by the applicant, prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all standards.

Standards.

General.

Offensive or noxious odors, fluids, gases (toxic or otherwise), dust or glare shall be confined to the subject parcel or the leasehold premises and shall not substantially or significantly impact any occupied structures or dwellings, crops, and domestic livestock or pets, or adjoining property. There shall be no physical vibrations or heat perceptible at or beyond the boundaries of the property on which the use is located.

[Amended 2-19-2015 by Ord. No. 157]

Junk, refuse, trash or abandoned material shall not be disposed of on-site. All refuse stored on site for final off-site disposal shall be indoors, in a dumpster or other permitted enclosure.

Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited.

All operations shall be in accordance with all applicable federal laws and regulations; the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.), as amended; and pursuant to all rules, regulations and procedures adopted thereto.

All aspects of the recovery of subsurface gas and oil deposits, including, without limitation, all drilling, production operations, buildings, pipelines, etc., shall be located at least 2,000 feet from any existing nonindustrial building, and at least 1,000 feet from all other existing buildings where the owners of such structures are not a party to the oil and gas instrument. "Nonindustrial," for the purposes of this clause, includes all uses except: uses listed as "industrial" uses (G-1 to G-22) under this chapter, Use F-1 (Utility Operating Facility), Use H-3 (Outside Storage), and Use H-10 (Regulated Storage Tank). Pipelines shall be permitted to traverse the required setbacks only where absolutely necessary to transport extracted product from a wellsite off-site. The foregoing provision on pipelines does not apply to watercourse and wetland setbacks.

[Amended 2-19-2015 by Ord. No. 157]

Setbacks.

[Amended 2-19-2015 by Ord. No. 157]

All aspects of the recovery of subsurface gas and oil deposits, including, without limitation, all drilling, production operations, buildings, pipelines, etc., shall be located:

At least 100 feet from the ultimate right-of-way of any public or private street; and

[ii]

At least 600 feet from any property line; and

[iii]

At least 1,000 feet from the property line of any open space property or property under a conservation easement or similar restriction for which public funds were used to purchase or acquire the property and/or the easement or other restriction.

Pipelines shall be permitted to traverse the required setbacks only where absolutely necessary to transport extracted product from a wellsite off-site. This provision does not apply to watercourse and wetland setbacks.

The owners(s) and operator(s) shall be responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.

[8]

A copy of a valid insurance policy, issued by a corporate insurer licensed in the Commonwealth of Pennsylvania, shall be provided to Nockamixon Township. Such insurance shall be of sufficient amount to:

Provide for payment for all damages or injury to persons or property resulting from the drilling, operation or maintenance of the proposed well and other structures, machinery or appurtenances used in conjunction with it.

Provide for payment to control and/or eliminate any hazardous or dangerous event or condition, including a blowout; and provide for payment for injury or damages to persons, equipment or agencies responding to same event or condition.

Contain no exclusion from coverage whatsoever, including without limitation from contamination or pollution to surface or subterranean streams, watercourses, lakes, wetlands or public or private water supplies.

All required policies shall provide for a minimum of 30 days' written notice by carrier to the additional insured by regular mail before cancellation by carrier. Each policy shall clearly set forth the date when the insurance will expire. All carrier(s) shall be licensed to do business in Pennsylvania and shall have a rating not less than a B++ as rated in the most recent edition of Best's Insurance Reports and shall be in business for at least the past five years.

[9]

Minimum lot size shall be 12.5 acres.

[10]

Well pads. Multiple well pad sites on any one property shall be prohibited, unless the underlying geology makes using a single well pad impossible.

[11]

Expansion of surface use area. Any expansion of the ground surface area used and/or devoted towards drilling operations requires further conditional use approval pursuant to the terms and conditions of this Subsection.

[12]

No recovery of subsurface gas and oil deposits use shall be conducted within 1,000 feet of any properties known to be a landfill or to be designated as a site containing hazardous substances under state or federal environmental cleanup laws.

[13]

Hours of operation. Except for emergency activities, hours of operation are limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m.

[14]

All trucks transporting dirt, gravel, silica, drill cuttings, and other waste or construction materials to and from the wellsite or other oil or gas development site must be covered to minimize fugitive dust and spills. Transport of any hazardous material shall be done in accordance with state and federal regulations.

[Added 2-19-2015 by Ord. No. 157]

Visual.

The drilling site, production site, access roads/driveways and all structures shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance. All natural resource protection provisions of this chapter shall be met.

Excavation, structures and/or equipment in sensitive areas such as ridges, hilltops, scenic or other areas of special visual quality shall be avoided.

The location and design of structures and site improvements shall be integrated with the natural color, form and texture of the surrounding area.

All structures, equipment and operation shall be fully screened from off-site view. Methods may include, but are not limited to:

Existing and/or replanted vegetation.

Existing and/or artificially created land forms.

Glare from site lighting or gas flaring shall not impact on nearby residences, excepting those whose owners are a party to the oil/gas instrument.

Viewshed mitigation. All viewsheds to the property shall be identified. Where viewsheds are determined by the Township to be scenic and such viewsheds will be adversely impacted by the use, viewshed mitigation measures, including without limitation perimeter or other appropriate location buffers and other plantings per the standards in the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended, shall be installed along all property lines and the extraction area perimeter.

Air and water quality; noise. Operators shall conform to all following in connection with air and water quality and noise:

Air contaminant emissions shall be in compliance with all county, state and federal regulations, including without limitation the control provisions of the Clean Air Act, as amended; and all fugitive dust regulations for smoke, ash, dust, fumes, gases, odors and vapors.

Noise. The operator shall take all possible precautions and measures to minimize the level and duration of noise created by the drilling operation, including without limitation maximum muffling of generators, construction of earthen berms, etc. All equipment used in drilling, completion or production of a well must comply with the noise limits in this subsection.

The noise (sound) pressure levels at any point beyond the property boundary containing the well shall be no more than 55 decibels (dB) during the day (7:00 a.m. to 7:00 p.m.); and no more than 45 decibels (dB) during the night (7:00 p.m. to 7:00 a.m.), and on Sundays and federal holidays. These noise standards shall also apply to any gas compressors and to all equipment used for well drilling and operations.

Based upon special site characteristics, additional noise measures may be required upon inspection and determination by the Township.

When taking noise measurements to determine whether additional noise mitigation measures are necessary, sound pressure levels shall be measured under conditions that are representative of the most demanding assumptions related to the specific site. Consideration shall be given to (including, but not limited to,) the nature and proximity of adjoining properties; time of day; prevailing weather patterns; amount of vegetative cover on or adjacent to the property; and topography of the site.

If, based upon special site conditions and analysis, additional noise measurements are necessary, one or more of the following additional noise abatement measures, listed below in ascending order, of mitigation, shall be required:

Acoustically insulated housing or covers enclosing any motor or engine.

[ii]

Screening the site or noise emitting equipment by fence or landscaping.

[iii]

Solid wall or fence of acoustically insulating material surrounding all or part of the facility.

[iv]

A noise management plan specifying the hours of maximum noise and the type, frequency and level of noise emitted.

[v]

Construction of buildings or other enclosures where facilities create noise and such adverse impacts cannot be mitigated because of proximity, density and/or intensity of adjacent land use.

All wastewater, including recycled water, and other waste material must be collected, handled, stored, transported, and disposed of in accordance with federal and state law. No impoundments or other pits may be used to hold wastewater, including recycled water, and other waste material, including drill cuttings and drill mud. Enclosed storage tanks must comply with state and federal regulations, including the Department of Environmental Protection's proposed (at the time of this amendment) revisions to the oil and gas regulations, which include regulations on secondary containment. Enclosed storage tanks shall be located at least 300 feet from watercourses and wetlands and shall not be located in floodplains.

[Added 2-19-2015 by Ord. No. 157]

Air emissions dispersion modeling.

[Added 2-19-2015 by Ord. No. 157]

All applicants shall present air emissions dispersion data and models that demonstrate the dispersion patterns and distance of all air emissions from the applicant's proposed use when the use is operated or carried out under normal conditions, and during a catastrophic event due to the use.

The applicant's data and models for normal conditions and catastrophic events shall account for, and demonstrate the impact of changes in, the following:

Local topography;

[ii]

Climate and weather, including cloud cover, humidity, wind speed and direction, temperature, and precipitation, among other factors;

[iii]

Different operational conditions, including stages of operation;

[iv]

Variations in the composition of emissions from the proposed use; and

[v]

Short-term and long-term cumulative impact of emissions from the proposed use when considered together with likely emissions sources in the area, and when accounting for the factors in Subsection S(6)(c)[4][b][i] through [iv].

Wildlife and cultural resources.

No habitat disturbance is to occur where threatened or endangered species or critical habitats exist, as defined by the Pennsylvania Department of Conservation and Natural Resources. A Pennsylvania Natural Heritage Program study shall be completed and provided to Nockamixon Township.

All activity in an archaeologic or historic resource area, as identified in the this chapter, Nockamixon Township Comprehensive Plan, Bucks County Comprehensive Plan, or by the Pennsylvania Department of Conservation and Natural Resources (DCNR) or the Pennsylvania Historical and Museum Commission (PHMC), shall provide for the preservation of the resource or provide for the completion of necessary study and work as specified by DCNR and/or PHMC before any aspect of use begins. Should a resource be uncovered during operations, those operations shall be suspended pending recommendation of DCNR and/or PHMC, as applicable.

Hazards.

For areas of potential wildfire hazard, fireline intensities shall be abated to less than 100 BTU/foot/second through fuelbreaks or other equally effective means around structures or areas of activity. Required practices for grass/shrub lands include the following:

Fuelbreaks of a width three to four times the height of adjacent vegetation.

Re-vegetation to short grasses.

Drilling or production operations shall not cause the acceleration of geologic processes such as erosion, sedimentation or gravitational movement of earth and/or rock material to the point that such processes become a hazard or nuisance to life or property.

Activities or structures proposed within a floodplain shall independently meet the floodplain provisions of this chapter; and shall be carried out in a manner that does not increase flood hazards upstream or downstream, nor reduces the efficiency with which flood waters are carried through the site.

All operations shall be included within a fire district; or, be under contract with a fire district for protection services; or, be provided with private fire protection. If private fire protection is used, the following conditions shall be met:

A fire protection plan shall be provided, specifying types of equipment, response time, number and capabilities of personnel available, planned actions for probable emergency events, and any other pertinent information.

The fire protection plan shall be submitted for review to the public fire protection district in closest proximity to the proposed drilling site, or that district providing service to the general area. Such submittal shall take place prior to application to Nockamixon Township.

The plan shall provide for a level of protection at least equal to that provided by the reviewing public fire protection district.

Prior to making application, the proposal shall be reviewed by the public fire protection district of jurisdiction or as provided in subsection [4] above, indicating degree of conformance to applicable sections of the Nockamixon Township fire codes and other rules, ordinances or regulations as applicable.

The applicant shall maintain at the property and on file with the Township, a current list and the Material Safety Data Sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, polymers, salts, surfactants and solvents) and in any hydraulic fracturing operations.

Emergency preparedness and public safety plan. As part of the conditional use application and zoning permit, the applicant shall provide an emergency preparedness and public safety plan. The plan shall demonstrate the following:

Name, address and phone number, including twenty-four-hour emergency number of at least two persons responsible for drilling operations.

As-built facilities plan.

First responders plan for potential emergencies including, but not limited to, explosions, fires, geological activity, flooding or pipe rupture.

Specific emergency preparedness plan for all potential hazardous scenarios.

Access.

Ingress and egress points shall be located and improved in order to:

Ensure adequate capacity for existing and projected traffic volumes.

Provide efficient movement of traffic.

Minimize hazards to highway users and adjacent property and human activity.

All applicable permits or approvals must be obtained, including without limitation:

Access or driveway permits to state or county or Township roads.

Construction within state or county or Township highways.

Overweight or oversize loads.

Use of streets serving exclusively residential neighborhoods is prohibited.

All weather access roads, suitable to handle emergency equipment, shall be provided to within 50 feet of any structure, improvement, or activity area.

The operator shall be responsible to keep all public and private rights-of-way which are used to enter or exit the well site substantially free from mud, dirt and other debris. In any substantial amount of mud, dirt or other debris is carried on to public or private rights-of-way from the well site, the operator shall clean the roads at regular intervals.

Reclamation.

Reclamation shall be carried out on all disturbed areas and achieve the following objectives:

Final soil profiles designed to equal or reduce soil erosion potentials over stable pre-operation conditions.

Restoration or enhancement of pre-existing visual character through planting of local or adaptive vegetation.

Final land forms shall be stable.

Disturbance of soil cover shall be minimized.

An abandoned site shall be securely and safely maintained until reclamation has been completed and revegetation permanently established.

Reclamation shall be initiated as soon as weather and growing conditions permit after the abandonment of the well or installation of production equipment and shall be completed no more than one year later.

Financial security. At the time a building permit or zoning permit, whichever is later, is issued for construction and/or operation of the use, a letter of credit or other financial security, in a form and amount approved by the Board of Supervisors during review of the conditional use, but not to exceed $50,000, shall be deposited with the Township to ensure compliance with the terms of this chapter and removal of all equipment when all drilling operations cease.

The operator of any well site shall notify the servicing fire department, emergency management coordinator, Township Zoning Officer and Township Engineer no less than 90 days prior to the abandonment or shutdown of any well site, to allow the Township to inspect the site and ensure that the well site has been properly secured.

Drainage and infiltration.

All watercourses and wetlands shall be preserved in a natural, undisturbed state. The edge of the disturbed area associated with any wellsite shall be a minimum of 300 feet from the edge of any watercourse or wetland. A wetland report, validated by the United States Army Corps of Engineers, shall be provided. No activity may occur in a floodplain.

[Amended 2-19-2015 by Ord. No. 157]

Roads or other improvements obstructing drainages shall provide for culverts or other stormwater management facilities sized for storm flows as determined by the Township Engineer.

Geophysical exploration.

Explosives prohibited. No geophysical work employing underground explosives shall be authorized or permitted within Nockamixon Township boundaries in connection with this use. Other geophysical exploration systems employing thumper, vibroseis, or other techniques not employing explosives, shall be permitted upon a separate application described in subsection [2] below and payment of the applicable fee. Nothing herein shall prohibit the use of shaped charges in the well hole for perforation of casing, as part of the completion of the well.

The application for a permit to conduct geophysical exploration shall include the following:

Date of the application.

Name of proposed permittee.

Address of proposed permittee.

Statement of the proposed commencement and completion date.

[e]

Map or plan (three copies) outlining the areas to be covered by the geophysical survey.

[f]

Compliance with all other applicable provisions of this chapter.

Additional safety regulations.

Fences. Prior to the commencement of and during all operations, all operation and/or drilling sites shall be completely enclosed by a chain link fence, masonry wall or other fencing material according to one of the following requirements:

The fence fabric shall be at least six feet in height.

Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence.

The chain link fabric shall be galvanized steel wire with a minimum plating of 1.2 ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material, approved by the chief of the servicing fire department.

The chain link fence fabric shall have a minimum thickness of 11 gauge.

[e]

The chain link fabric shall be two-inch mesh; provided, however, three and one-half-inch mesh may be used on any fence where the fabric is interwoven with artificial screening material approved by the Chief of the fire department.

[f]

Post and rails shall be standard galvanized, welded pipe. Schedule 40 or thicker; provided, however, that nongalvanized drill pipe may be used if it exceeds Schedule 40 in thickness.

[g]

All pipe and other ferrous parts, except chain link fabric and drill pipe, shall be galvanized inside and outside with a plating which contains a minimum of one and two-tenths ounces of zinc per square foot of surface area.

[h]

Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of one-fourth by three-fourths inch.

All fences shall have security extension arms at the top of such fences and such security extension arms shall be strung with galvanized barbed wire.

Masonry wall specifications. All masonry walls used to enclose in whole or in part any well site or operation site shall be constructed in accordance with standard engineering practices and shall meet the following minimum specifications:

The wall shall be of a design compatible with the facilities buildings and structures on and adjacent to the site.

The wall shall be at least six feet in height.

The wall shall be constructed in accordance with the provisions of the Nockamixon Township Building Code, as amended.

Gate specifications. For all operations and drill sites, all chain link fences and masonry walls shall be equipped with at least one gated area. The gated areas shall meet the following specifications:

Each gated area shall be not less than 12 feet wide and be composed of two gates, each of which is not less than six feet wide, or one sliding gate not less than 12 feet wide. If two gates are used, gates shall latch and lock in the center of the span.

The gates shall be of chain link construction which meets the applicable specifications or of other approved material which, for safety reasons, shall be at least as secure as chain link fence.

They shall be provided with a combination catch and locking attachment device for a padlock and shall be kept locked except when being used for access to the site.

Hinges shall be heavy duty malleable iron or steel industrial service type with a 180° swing.

Storage of equipment.

No drilling, redrilling, reworking or other portable equipment shall be stored on the operation site which is not essential to the everyday operation of the well located thereon. This includes the removal of idle equipment unnecessary for the operation of such wells.

Lumber, pipes, tubing and casing shall not be left on the operation site except when drilling or well servicing operations are being conducted on the site.

It shall be illegal for any person, owner or operator to park or store any vehicle or item of machinery on any street, right-of-way or in any driveway, alley or upon any operation or drilling site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires except that equipment which is necessary for the maintenance of the well site or for gathering or transportation of hydrocarbon substances from the site.

(k)

Screening; landscaping.

Screening developed areas. All wells, tanks and other drilling related equipment shall be screened by a fence enclosure constructed of one of the following materials:

A solid masonry wall.

A chain link fabric with three and one-half-inch mesh interwoven with opaque slats.

Any other material, compatible with surrounding uses, which effectively screen the operation and drilling site and are approved by the Board of Supervisors.

All fencing, masonry walls, opaque slatting, or other compatible materials for use with chain link fabric, shall be of a solid neutral color, compatible with surrounding uses, and maintained in a neat, orderly, and secure condition. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown, or other colors approved by the Board of Supervisors.

Screening drilling, redrilling, reworking, converting and activation. Within 60 days of completion of drilling, redrilling, reworking or converting, or within 60 days of activation of any idle well as defined in this chapter, such well shall be screened by a fence enclosure which conforms to the requirements of this subsection, and all applicable state regulations.

Landscaping. Within 60 days after completion of drilling or redrilling or within 60 days after activation of any idle well, any oil operation site shall be landscaped in accordance with a plan submitted to and approved by the Board of Supervisors.

To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more restrictive provision shall apply.

The provisions of this section are declared to be severable. If any provision of this section is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this section.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

[Amended 2-19-2015 by Ord. No. 157]

Editor's Note: Ordinance No. 137, adopted 5-20-2009, provided that:

In the event that any court of competent jurisdiction declares Ord. No. 126 and/or Ord. No. 129 to be invalid or unconstitutional, and refuses to sever any of the provisions of such ordinances, § 234-23, Industrial Use Regulation of the Code shall be amended so that it contains a Subsection S, which shall read in full as follows:

S. G-19 Recovery of Subsurface Gas and Oil Deposits, These are activities limited to the recovery and removal of subsurface gas and oil deposits through direct on-site drilling as defined and set forth in the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.) and the regulations enacted thereto. This does not include the recovery and removal of any other subsurface minerals, such as coal, gravel, sand, clay, topsoil, stone or any other mineral other than oil and gas, such use being covered by use G-11, Quarry Extraction Operations. Use G-19 is permitted subject to all of the following requirements:

(1) Statement of Purpose. The purpose of this subsection is to provide for the health, safety, welfare of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits to enable oil and gas deposits to be extracted through direct, on-site wells; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Township's interest in the orderly development and use of land in a manner consistent with local demographic and environmental concerns.

(2) Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I, Industrial, and Q, Quarry, zoning districts.

(3) This use is prohibited as a principal use on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

(4) This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued, until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of other governmental agencies have been satisfied, as evidenced by copies of all applicable permits.

(5) An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection.

(6) Upon approval of the application, all subsequent activities in connection with the use shall be carried out in conformance with the site plan, the conditional use decision and all conditions, zoning permit, and all standards contained in this subsection.

(7) To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more restrictive provision shall apply.

G-20 Oil or Natural Gas Compressor Station:

[Added 2-19-2015 by Ord. No. 157]

All compressor stations must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether, public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of the Commonwealth of Pennsylvania and United States Governments have been satisfied, as evidenced by the prior written approval of the agency having jurisdiction, including, without limitation, the operator's license and copies of all state and federal permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection. An impact statement/report shall be provided that is in conformance with and provides all applicable information required by §§ 196-406 (relating to traffic), 196-408 (relating to water resources), and 196-411 (relating to environmental and cultural assessment) of the Nockamixon Township Subdivision and Land Development Ordinance [Chapter 196], as amended, as well as all other applicable information required in this chapter (including this subsection). Upon approval of the application, all subsequent operations shall be in conformance with the site plan, the conditional use decision and all conditions, zoning permit, all state and federal permits (as applicable) and all standards contained in this subsection.

Setbacks.

Compressor stations shall be located:

At least 150 feet from the ultimate right-of-way of any public or private street;

At least 800 feet from any property line, except that the setback shall be 400 feet from the property line of any property zoned I Industrial or Q Quarry;

At least 2,000 feet from any existing nonindustrial building;

At least 1,000 feet from all other existing buildings; and

Pipelines shall be permitted to traverse the required setbacks only where absolutely necessary for the compressor station to receive or transport oil or natural gas. This provision does not apply to watercourse and wetland setbacks.

"Nonindustrial," for the purposes of this subsection, includes all uses except: uses listed as "industrial" uses (G-1 to G-22) under this chapter, Use F-1 (Utility Operating Facility), Use H-3 (Outside Storage), and Use H-10 (Regulated Storage Tank).

The provisions of this subsection are declared to be severable. If any provision of this subsection is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this section.

In the event that any court of competent jurisdiction declares all of Subsection T(1) through (5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-20, as defined under this chapter, shall be permitted subject to all of the following requirements:

Statement of purpose. The purpose of this subsection is to provide for the health, safety, and welfare of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits for compressor stations; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Township's interest in the orderly development and use of land in a manner consistent with local demographic and environmental concerns.

Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I Industrial and Q Quarry Zoning Districts.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of other governmental agencies have been satisfied, as evidenced by copies of all applicable permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection.

Upon approval of the application, all subsequent activities in connection with the use shall be carried out in conformance with the site plan, the conditional use decision and all conditions, zoning permit, and all standards contained in this subsection.

To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more-restrictive provision shall apply.

G-21 Oil or Natural Gas Processing Facility:

[Added 2-19-2015 by Ord. No. 157]

All processing facilities must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

Setbacks.

Processing facilities shall be located:

At least 200 feet from the ultimate right-of-way of any public or private street;

At least 1,000 feet from any property line, except that the setback shall be 500 feet from the property line of any property zoned I Industrial or Q Quarry;

At least 2,000 feet from any existing nonindustrial building;

At least 1,000 feet from all other existing buildings; and

Pipelines shall be permitted to traverse the required setbacks only where absolutely necessary for the processing facility to receive or transport oil or natural gas. This provision does not apply to watercourse and wetland setbacks.

All watercourses and wetlands shall be preserved in a natural undisturbed state. The edge of the disturbed area associated with any wellsite shall be a minimum of 300 feet from the edge of any watercourse or wetland. A wetland report, validated by the United States Army Corps of Engineers, shall be provided. No activity may occur in a floodplain.

In the event that any court of competent jurisdiction declares all of Subsection U(1) through (5) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-21, as defined under this chapter, shall be permitted subject to all of the following requirements:

Statement of purpose. The purpose of this subsection is to provide for the health, safety, and welfare of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits for processing facilities; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Township's interest in the orderly development and use of land in a manner consistent with local demographic and environmental concerns.

Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I Industrial and Q Quarry Zoning Districts.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of other governmental agencies have been satisfied, as evidenced by copies of all applicable permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection.

To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more-restrictive provision shall apply.

G-22 Nonregulated Pipeline: The following location rules shall apply to all nonregulated pipelines. The rules set forth below establish a tiered system of location rules in order to strike a balance between safety and minimization of disturbance to the existing patterns of development and conservation in the Township.

[Added 2-19-2015 by Ord. No. 157]

Priority preference. Nonregulated pipelines may be located only in existing rights-of-way for roads and pipeline rights-of-way, in order to minimize habitat fragmentation, pollution of groundwater and surface water resources, and disturbance to existing development.

Nonregulated pipelines proposed to be located near existing electrical transmission lines must present evidence of precautions taken to minimize the risk of inducing voltage in the pipeline.

Nonregulated pipelines must calculate the potential impact radius ("PIR") (also called the "hazard area radius" or "blast radius") and demonstrate that the existing right-of-way's PIR does not intersect existing development or sensitive natural resources. The method for calculating the PIR shall be the same as the method set forth in Title 49 of the Code of Federal Regulations.

If the potential impact radius intersects existing development and/or sensitive natural resources, the applicant must identify the type of existing development (e.g., residential, industrial, agricultural, institutional) and/or sensitive natural resources; the degree to which the potential impact radius intersects the existing development or sensitive natural resources; the likelihood of pipeline failure; and the degree to which such failure would impact the existing development and/or sensitive natural resources.

The applicant shall minimize disturbance to existing natural resources and wildlife corridors, including, but not limited to, minimizing tree removal to provide additional buffer if an explosion occurs; minimizing land disturbance; and using the best available technology to protect surface water and groundwater resources during pipeline construction.

Alternative. If the applicant demonstrates that locating a nonregulated pipeline in accordance with § 234-23V(1) poses a significant risk to public health, safety, and welfare, the following location rules shall apply:

An applicant for a nonregulated pipeline must calculate the potential impact radius (also called the "hazard area radius" or "blast radius") and locate the proposed nonregulated pipeline such that the potential impact radius does not intersect existing development and/or sensitive natural resources.

The applicant shall minimize disturbance to existing natural resources and wildlife corridors, including minimizing tree removal to provide additional buffer if an explosion occurs; minimizing land disturbance, and using the best available technology to protect surface water and groundwater resources during pipeline construction.

Other standards. All nonregulated pipelines must comply with the standards set forth in § 234-23S(6), unless clearly only applicable to the recovery of subsurface oil and gas deposits, or a stricter standard is set forth in this subsection.

In the event that any court of competent jurisdiction declares all of Subsection V(1) through (4) above to be invalid or unconstitutional, and/or refuses to sever any of the above set forth provisions of this section, Use G-22, as defined under this chapter, shall be permitted subject to all of the following requirements:

Statement of purpose. The purpose of this subsection is to provide for the health, safety, and welfare of the residents and their property in Nockamixon Township; to provide the procedure for the issuance of zoning permits for nonregulated pipelines; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Township's interest in the orderly development and use of land in a manner consistent with local demographic and environmental concerns.

Subject to the provisions of this subsection, this use shall be permitted as a principal use upon conditional use approval in only the I Industrial, Q Quarry, and C Commercial Zoning Districts.

This use is prohibited on any property subject to a conservation easement or open space conditions, or any similar restrictions, whether public or private.

This use shall not occur, no conditional use approval shall be granted, and no building or zoning permit shall be issued until the applicable procedures and standards in this subsection have been satisfied, the applicable provisions of this chapter and the Code of Ordinances of Nockamixon Township have been satisfied, and all applicable requirements of other governmental agencies have been satisfied, as evidenced by copies of all applicable permits.

An applicant shall submit an application, a site plan, and all documentation necessary to satisfy the requirements of this subsection.

To the extent any provision of this subsection conflicts with any provision of any other applicable ordinance, law, rule or regulation, the more-restrictive provision shall apply.

G-23 Medical Marijuana Growing/Processing Facility: an activity or operation owned and operated by a "grower/processor," as that term is defined in Act 16 of 2016, known as the Medical Marijuana Act ("the Act").[2] As used in this § 234-23W, "grower/processor" shall have the same meaning as the term defined in the Act. Medical marijuana growing/processing facilities shall be subject to the following regulations:

[Added 1-19-2017 by Ord. No. 163]

A medical marijuana growing/processing facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.

No medical marijuana growing/processing facility shall be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

A medical marijuana growing/processing facility shall be clearly identified as such in its signage.

A medical marijuana growing/processing facility shall be subject to quarterly inspection by the Township Zoning Officer or other Township designee.

Permit application requirements:

A copy of the permit issued to the grower/processor by the Pennsylvania Department of Health under the Medical Marijuana Act.

Documentation of procedures and measures used or to be used by the medical marijuana growing/processing facility and its owner and/or operator to ensure compliance with or to abide by:

The Medical Marijuana Act;

Federal memoranda regarding medical marijuana, including, inter alia, the August 29, 2013, United States Department of Justice memorandum (known as the "Cole memorandum");

All other applicable laws and regulations governing the grower/processor or the marijuana growing/processing facility, including the Township's Code of Ordinances.

Documentation that the grower/processor has provided the following information to the Pennsylvania State Police:

Contact information [name, phone number(s), e-mail, mailing address] for two individuals at the medical marijuana growing/processing facility and two individuals of the grower/processor who the Pennsylvania State Police may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana growing/processing facility.

All information required under § 234-23W(5)(b) above.

Effect on federal law. Nothing in this § 234-23W shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

Editor's Note: See 35 P.S. § 10231.101 et seq.

§ 234-24 Accessory use regulations.

[Amended 6-9-1992 by Ord. No. 70; 11-9-1994 by Ord. No. 79; 5-11-1999 by Ord. No. 97; 2-13-2001 by Ord. No. 103; 2-18-2004 by Ord. No. 112; 5-18-2004 by Ord. No. 115; 11-15-2005 by Ord. No. 124; 12-16-2009 by Ord. No. 139]

H-1 Accessory Home Occupation: a customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards and the specific standards related to the use as set forth below.

General standards. The following shall apply to all home occupations:

A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors.

The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the gross floor area of the principal residential structure or 600 square feet, whichever is less. At least 850 square feet of the total floor area must remain in residential use.

In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.

Only one sign for home occupations is permitted per property, provided that it is no larger than four square feet per side bearing only the name, occupation and office hours of the practitioner. Such sign shall not be illuminated or placed in a window.

All commercial vehicles shall be parked on the lot and must be parked in a garage or an enclosed structure.

Off-street parking spaces are not permitted in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences using a hedge or a fence not exceeding five feet in height.

There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or televisions receivers off the premises.

Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, antique shops, tourist homes, restaurants and rooming houses or boardinghouses.

A zoning permit shall be required for all accessory home occupations.

Specific use standards. The following shall apply to specific accessory home occupations:

H-1a Professional Offices.

A professional office is a service business use conducted within an enclosed area specifically designed for the functional needs of the use wherein the professional services of the practitioner is the salable commodity offered to the client. Professional offices include, but are not limited to, the following: office facilities for salesman, sales representative, manufacturer's representative, architect, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, musician, real estate agent, accountant or clergyman.

A professional home office is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained:

No more than two persons other than the resident members of the immediate family may be employed.

The minimum site area shall be two acres except in the VC and VC-1 Districts where it shall be permitted in any detached structure on lots of 10,000 square feet or larger.

In addition to the off-street parking spaces required in this chapter for the residential use, a professional office shall provide one off-street parking space for each employee plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

H-1b Personal Services: a service business including, but not limited to, barbers, beauticians or photographers.

Beauty parlors and barbershops are permitted, provided that no more than two beauty parlor or barber chairs are provided.

No more than one person other than the resident members of the immediate family may be employed.

The minimum site area shall be two acres except in the VC and VC-1 Districts where it shall be permitted in any detached structure on lots of 10,000 square feet or larger.

In addition to the off-street parking spaces required in this chapter for the residential use, a beauty parlor or barber shall provide one off-street parking space for each employee plus one additional space for each 200 square feet of service space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

H-1c Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation does not require a room or series of rooms specifically designed for that purpose.

Instructional services involving a maximum of four students at a time are permitted.

Instructional services involving musical instruments are permitted only in single-family detached dwellings.

No person shall be employed other than resident members of the immediate family.

In addition to the off-street parking spaces required for the residential use, an instructional service shall provide one off-street parking space per every two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of residential parking.

H-1d Home Crafts.

Home crafts are business activities whereby the commodity is completely manufactured and may be sold on the site by the resident craftsman.

Home crafts may include, but are not limited to, the following: dressmakers, seamstresses and tailors; model making; rug weaving; lapidary work; and furniture making.

Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot.

No more than one person other than resident members of the immediate family may be employed.

In addition to the off-street parking spaces required in this chapter for the residential use, a home craft shall provide one off-street space per 300 square feet of total floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking.

H-1e Family Day Care. A family day-care use is a facility in which care is provided for one or more but fewer than seven children at any one time where the child-care areas are being used as a family business.

The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

The use shall comply with any applicable state regulations dealing with day care for fewer than seven children.

A minimum play area of 2,000 square feet of contiguous area shall be provided as a recreational area for the children. This area shall not include any paved areas or parking areas.

Family day-care uses are permitted as an accessory to a single-family detached dwelling only.

If a family day-care use is located adjacent to a nonresidential use, a parking lot or a collector or arterial street, the outdoor play area must be enclosed by a four-foot-high fence.

No more than one person other than resident members of the immediate family may be employed.

In addition to the off-street parking required for the residential use, at least one additional off-street parking space is required for each employee.

H-1f Trades, Businesses. The use of a residence as a base of operations for the business is permitted, but not the conduct of any phase of the trade on the property. Trades included in this home occupation include, but are not limited to, electrician, plumber, carpenter, mason, painter, roofer and similar occupations.

No more than one business vehicle may be parked on the property including noncommercial trucks and vans with loading capacities exceeding 3/4 ton. The business vehicle shall be parked in an enclosed structure.

The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitation of Subsection A(1), General Standards, above.

No assembling, manufacturing, processing or sales shall be conducted on the property.

In addition to the off-street parking spaces required in this chapter for the residential use, a trades business shall provide one off-street parking space for each employee plus one off-street parking space for each business vehicle. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking.

The minimum lot area on which this home occupation shall be permitted shall be two acres.

H-1g Repair Services. A repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, smaller business machines and other goods, but not including automobile, truck and motorcycle repairs.

No more than one person other than resident members of the immediate family may be employed.

In addition to the off-street parking spaces required in this chapter for the residential use, this accessory use shall provide one off-street parking space for each 300 square feet of total floor area used for the home occupation.

H-1h Other Home Occupations. All other home occupations not specified in uses H-1a through H-1g, including, but not limited to, product assembly/manufacture and/or distribution of products manufactured off-site. These uses shall meet all general requirements of Section H-1 above and the following:

No more than one person other than resident members of the immediate family may be employed.

In addition to the off-street parking spaces required by this chapter for the residential use, this accessory use shall provide one off-street parking space for each 300 square feet of total floor area used for the home occupation.

H-1i No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular on pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. Where the provisions of this subsection conflict with the general standards pertaining to home occupations [§ 234-24A(1)] of this chapter, the provisions of this subsection shall control.

The no-impact home-based business activity shall be compatible with the residential use of the property and the surrounding uses, residential and nonresidential.

A no-impact home-based business is only permitted on the same lot with and must be clearly incidental and accessory to a permitted residential dwelling that is the bona fide residence of the principal practitioner of the business activity.

A no-impact home-based business must be carried on wholly indoors and within the dwelling that is the bona fide residence of the principal practitioner of the business activity.

The maximum amount of floor area devoted to a no-impact home-based business shall not exceed 25% of the habitable floor area of the principal residential dwelling structure.

The no-impact home-based business shall employ no employees, contractors, agents, or representatives other than family members of the principal practitioner, who also must reside in the dwelling unit.

Any display or sale of retail goods or stockpiling of inventory of a substantial nature is prohibited.

There shall be no outside appearance of a business use or activity including, but not limited to, signs, parking, lights, and waste disposal.

[8]

The no-impact home-based business activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

[9]

The no-impact home based business may not involve any illegal activity.

[10]

The no-impact home-based business may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use.

[11]

A no-impact home-based business use is not permitted where prohibited by a deed restriction, covenant or agreement restricting the use of land, master deed, bylaw or other document applicable to a common interest ownership community.

[12]

A zoning permit shall be required for all no-impact home-based business uses.

H-2 Residential Accessory Structure. A residential accessory structure or use, including but not limited to:

Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity; or the parking of one school bus.

Structures such as fences and walls with a maximum height of seven feet.

No accessory structure or use, other than a garage, shall be permitted within required front yards except as follows: on lots of 10 acres or more an accessory structure may be located on any side of the dwelling, provided that the accessory structure is set back from all property lines the distance required by the front, side and rear yard requirements for the district and use. A completely detached accessory building may occupy a required rear or side yard but shall not be located closer than seven feet to any rear or side property line, except that swimming pools and other accessory construction surrounding swimming pools shall be no closer than 15 feet to any rear or side property line; and structures with a building area of more than 120 square feet shall meet the building setback requirements for principal structures. All accessory structures shall be located behind the principal building setback line closest to the street on which it fronts. In the case of corner lots where two front yards are required, all accessory structures shall be located behind the principal building line as established by the location of the principal building for both required front yards. No accessory structures shall be located closer to either street than the principal building.

The following residential accessory structures shall be permitted in conjunction with single-family detached dwellings only:

Buildings such as storage sheds and private greenhouses.

Detached garages for personal vehicles.

Swimming pools.

H-3 Outside Storage. Outside storage necessary but incidental to the normal operation of a primary nonresidential use, subject to the following additional provisions:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.

Outside storage areas shall occupy an area of less than 0.5 of the existing building coverage.

Uses requiring more substantial amounts of land area for storage, such as any nursery, automotive sales, truck terminal and lumber yards may be exempt from the provisions of Subsection C(2) above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash.

The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business.

H-4 Temporary Structures and Vehicles. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods.

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer.

Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

No retail sales shall be permitted from a temporary structure or vehicle.

H-5 Swimming Pool. A swimming pool shall be permitted as an accessory to a single-family detached residential use.

No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 24 inches at the deepest or lowest point unless a permit is first obtained from the Zoning Officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 24 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invites or guests. In the case of public swimming pools, this use need not be accessory to a residential use.

Each pool area and the paving or coping surrounding it or associated with it shall be located not less than 15 feet back from the front building line (the line at which the principal building is located) and not closer than 15 feet to property lines. No pool shall be permitted to be located within the front yard.

Safety. Any pool or water area shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section.

Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into adjacent residential properties.

All electrical work connected with the pool and all equipment incidental thereto shall comply with all Underwriter Laboratory regulations and must be inspected and certified by an electrical underwriter's inspection agency. Owner or his agent shall submit satisfactory documentation that the inspection and certification has occurred prior to the initial filling of the pool with water.

A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

All pool installations shall conform to all applicable building codes.

In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land.

No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

Fencing of pools. All outdoor private swimming pools, including in-ground, above-ground or on-ground pools, shall be provided with a barrier which shall comply with the following:

The top of the bather shall be at least 48 inches (1,219 mm) above finished ground level, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be two inches (51 mm), measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top of surface of the pool frame and the bottom of the barrier shall not allow passage of a four-inch (102 mm) diameter sphere.

Openings in the barrier shall not allow passage of a four-inch (102 mm) diameter sphere.

Solid barriers 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 45 inches (1,143 mm), 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 (44 mm) in width. Decorative cutouts shall not exceed 1 3/4 inches (44 mm) 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 (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Decorative cutouts shall not exceed 1 3/4 inches (44 mm) in width.

Maximum mesh size for chain link fences shall be a 1 1/4 inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44 mm).

Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44 mm).

Access gates shall comply with the requirements of subsections (a) through (g) above and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate:

The release mechanism shall be located on the pool side of the gate at least three inches (76 mm) below the top of the gate.

The gate and barrier shall not have an opening greater than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism.

Where a wall of a dwelling unit serves as part of the barrier and contains a door that provides direct access to the pool, one of the following shall apply:

All doors within direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of 30 seconds. The alarm shall have a minimum sound pressure rating of 85 dBA at 10 feet (3,048 mm), and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephones and door bells. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches (1,372 mm) above the threshold of the door.

All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of 54 inches (1,372 mm) above the floor. Swinging doors shall open away from the pool area.

The pool shall be equipped with a power safety cover. Where in a closed position, the cover shall be capable of holding a weight of 485 pounds (2,175 N), shall not have any openings that allow passage of a 4 1/2 inches (114 mm) sphere and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in Chapter 35, and be key-operated and of a spring-loaded or momentary-contact type. Where the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of sight of the complete pool cover.

Where an aboveground 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 fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of subsections (a) through (i) above. A removable ladder shall not constitute an acceptable alternative to enclosure requirements.

H-6 Recreational Vehicles. Campers, recreational vehicles and boats shall be stored on the premises by the occupant of the premises only. Storage of such vehicles when not in use must be behind the building setback line. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such a use for longer than 30 days.

H-7 Spa/Hot Tub. Such pools are permitted as accessory uses to residential structures.

Fencing of a spa/hot tub shall be required and shall meet the provisions of Subsection E(13) above.

A spa or hot tub with a manufacturer's approved safety cover shall be exempt from fencing provisions of Subsection E(13).

H-8 Residential Accessory Dwelling. One residential accessory dwelling accessory to a single-family detached dwelling shall be permitted, provided that the following conditions are met. The intent of these provisions is to allow for domestic servants, caretakers employed on the premises, occasional nonpaying guests and related family members to reside on the premises but to prohibit the creation of for-profit apartments in districts where multi-family housing is not otherwise permitted.

The residential accessory dwelling shall occupy no more than 1,200 square feet of total floor area.

The residential accessory dwelling may contain separate cooking, sleeping, living and bathroom facilities.

The residential accessory dwelling shall be part of the principal residence or may be contained in an existing accessory structure such as a garage. Except as hereafter provided, no new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use.

On lots of three acres or more, no more than one new structure may be constructed to house a residential accessory dwelling. Such structure shall meet all of the dimensional requirements of a principal residence.

Written verification from the Bucks County Department of Health certifying to the adequacy of the sewage facilities proposed to service a residential accessory dwelling is required.

The required off-street parking for the principal dwelling plus one additional off-street parking space for the residential accessory dwelling shall be provided.

The residential accessory dwelling shall be occupied only by domestic servants or caretakers employed on the premises, occasional nonpaying guests and/or related family members such as elderly parents or dependent adult children who need to reside in close proximity to family members.

There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.

No more than one residential accessory dwelling shall be permitted per single-family detached dwelling.

Each residential accessory dwelling shall be registered with the Township Zoning Officer who shall keep a record of its occupants to ensure compliance with the provisions hereof. An annual permit shall be required for a residential accessory dwelling.

H-9 Temporary Community Event:

[Amended 11-20-2012 by Ord. No. 146; 6-20-2013 by Ord. No. 148]

COMMERCIAL TEMPORARY COMMUNITY EVENT

Definitions. As used within this section only, the following definitions apply:

A temporary community event at which an admission fee is charged, money is collected, or articles are offered for sale.

LARGE NONCOMMERCIAL TEMPORARY COMMUNITY EVENT

A temporary community event with greater than 200 attendees at which no admission fee is charged, no money is collected, and no articles are offered for sale. Such events shall not exceed two days per occurrence, and there shall be no more than two occurrences per year per property.

LARGE TEMPORARY COMMUNITY EVENT

A temporary community event with greater than 200 attendees.

LOCAL NONPROFIT ENTITY

A registered nonprofit organization having its principal location in Nockamixon Township or an adjacent municipality. Examples include: fire companies; rescue squads; EMS organizations; churches and other religious entities; veterans' groups; civic associations; and community sports leagues.

TEMPORARY COMMUNITY EVENT

A temporary activity with greater than 50 attendees that is not otherwise permitted as part of the principal use of the property where the event would be located.

General requirement for all temporary community events. No temporary community event shall be conducted unless the event sponsor or organizer provides adequate security, parking, emergency access, road access, traffic control, sanitary facilities, trash disposal, noise control and cleanup. All other provisions of the Township's Code of Ordinances, including noise control, continue to apply. The Township reserves the right to enjoin any event that poses a nuisance.

Permit requirement for commercial temporary community events. Except as otherwise set forth in Subsection I(4) below, no commercial temporary community event shall take place unless a permit has been granted in accordance with the Table of Use Regulations set forth in § 234-25 and the following requirements:

Each commercial temporary community event shall be limited to no more than seven days per occurrence. For each sponsoring organization or property, there shall be no more than four events in a calendar year, and there shall be at least a thirty-day period between each event.

Each commercial temporary community event shall end by 12:00 midnight. Event cleanup and tear-down may occur until 1:00 a.m., provided these activities are carried out in a manner that respects the occupants of surrounding properties and their right to the peaceful and quiet enjoyment of their properties.

Signs advertising a commercial temporary community event shall not exceed 12 square feet per sign, and no more than four signs shall be permitted.

If a commercial temporary community event includes the sale or provision of alcohol to attendees, the applicant shall provide the Township with proof of compliance with all applicable laws and licensing requirements.

An applicant for a commercial temporary community event permit shall maintain adequate property damage and liability insurance naming Nockamixon Township as an additional insured. Said insurance shall be no less than $1,000,000. Additional insurance shall be required, in amounts set forth in the Township's permit application, for all events posing additional risks, including, but not limited to, events involving alcohol, pyrotechnics, and mechanical or livestock amusements.

An applicant for a commercial temporary community event permit shall submit an emergency response plan and shall demonstrate compliance with the requirements of the ordinance; including, but not limited to, the following: proof of insurance, adequate provisions for security, parking, emergency access, road access, traffic control, sanitary facilities, trash disposal, noise control and cleanup.

The Township, at its discretion, may require additional information to process an application for a commercial temporary community event.

The Township may, at its discretion, impose additional event-specific requirements as needed to protect the public health, safety, and welfare.

Local nonprofit entity permit exception. A commercial temporary community event conducted by a local nonprofit entity does not require a temporary community event permit.

Requirements for large temporary community events that are noncommercial or conducted by local nonprofit entities.

Each such event shall end by 12:00 midnight. Event cleanup and tear-down may occur until 1:00 a.m., provided these activities are carried out in a manner that respects the occupants of surrounding properties and their right to the peaceful and quiet enjoyment of their properties.

The event sponsor shall submit to the Township an emergency response plan demonstrating adequate provisions for security, parking, emergency access, road access, traffic control, sanitary facilities, trash disposal, noise control and cleanup. The Township shall supply a standardized form that event sponsors may use.

The Township may, at its discretion, impose additional event-specific requirements as needed to protect the public health, safety, and welfare.

H-10 Regulated Storage Tank: A tank, above or below the surface of the ground, used or designed to hold any hazardous substance, with a capacity of 1,100 gallons or more, along with any connected piping, ancillary equipment and/or containment system, other than a private storage tank that stores petroleum oil within a residence or other multidwelling structure for personal use.

[Amended 11-20-2012 by Ord. No. 146]

A regulated storage tank containing or designed to contain any hazardous substance shall not be located within 100 feet of any on-site or off-site water facility, watercourse, quarry and/or mineral extraction use or any other use conducting regular or intermittent blasting activities.

Any regulated storage tank containing or designed to contain any hazardous substance shall be an aboveground storage tank and shall be installed in a fully enclosed vault. The exterior of the storage tank must be visually inspectable from within the vault. The entire vault shall be placed above the surface of the ground, unless a state or federal regulation specifically requires the vault be located beneath the surface of the ground. Each regulated storage tank shall be entirely within the vault and shall be surrounded by an emergency holding area capable of effectively holding 110% of the total volume of the storage tank(s). The construction, composition and maintenance of this emergency holding area shall prevent the movement or discharge of the regulated storage tank's contents to the surrounding land surface.

Regulated storage tanks classified and/or defined as an underground storage tank are expressly prohibited. Regulated storage tanks may not be located beneath the surface of the ground unless:

Required by state or federal regulation; and

Installed in a vault.

For every regulated storage tank, the applicant shall furnish a report from a hydrogeologist stating the nature of the underlying soil geologic structure and aquifer; the likelihood of contamination of nearby water facilities and watercourses in the event the contents of the storage tank are discharged; the impact upon the surrounding uses of the storage tank; and an estimate of the groundwater travel time which might be expected from the location of the regulated storage tank to all water facilities and watercourses.

A surveyed drawing complying with the provisions of this chapter is required, indicating the specific distance from each regulated storage tank and vault to the nearest on-site and off-site water facility, nearest watercourse, nearest quarry extraction use and/or other use conducting regular or intermittent blasting activities.

Any regulated storage tank shall meet all current county, state and federal requirements.

Notwithstanding any other provision of this section to the contrary, regulated storage tanks, including all appurtenances thereto, are prohibited in any floodplain area.

Regulated storage tanks are permitted only as provided in this section and only as accessory uses to the following principal uses: E-9, Service Station; and the G category uses as set forth in Article VI of this chapter.

All distances under this section shall be measured as follows:

For watercourses, from the nearest location of the edge of the regulated storage tank and any appurtenance thereto to the nearest defined feature of the watercourse.

For water facilities, from the nearest location of the edge of the regulated storage tank and any appurtenance thereto to the water facility or any part thereof.

For quarry, mineral extraction or uses conducting regular or intermittent blasting activities, from the nearest location of the edge of the regulated storage tank and any appurtenance thereto to the nearest property line of the property conducting the use and/or activity.

BENEATH THE SURFACE OF THE GROUND

For purposes of this Subsection J, the following words, phrases and definitions shall apply:

ABOVEGROUND STORAGE TANK

One or a combination of stationary tanks, including underground pipes and dispensing systems connected thereto within the emergency containment area, which is or was used to contain an accumulation of hazardous substances; and the volume of which, including the volume of piping within the storage tank facility, is greater than 90% above the surface of the ground. The term includes tanks which can be visually inspected, from the exterior, in an underground area.

Beneath the ground surface or otherwise covered with earthen materials.

UNDERGROUND STORAGE TANK

One or a combination of tanks (including underground pipes connected thereto) which are used to contain an accumulation of hazardous substances, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground.

VAULT

A fully enclosed structure compliant with state regulations for vaults which is designed specifically to contain an aboveground storage tank.

H-11 Wind Energy System: A device, which includes a structure and associated mechanism(s) and supporting components, which is installed aboveground for the purpose of generating electrical energy, and may include, but not be limited to, wind-driven turbines, and windmills.

[Amended 12-21-2011 by Ord. No. 144; 11-20-2012 by Ord. No. 146]

Such use must be accessory to a principal use.

Minimum lot area for erecting a wind energy system: two acres.

The wind energy system shall be located no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from any property line, no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from overhead utility, radio, television or telecommunication lines, if any, and no less than 100 feet (or 1.1 times the height of the device, whichever is greater) from a street line (or other public right-of-way). A device may be located within the front yard, provided that it is located to the side of the dwelling, subject to receipt of prior approval of the Zoning Officer. The setback distance shall be measured from the center of the wind energy system base to the nearest point of such property line, overhead line or street line.

There shall be a maximum of one device on a single parcel, or multiple (contiguous) parcels in same ownership.

The maximum height of the wind energy system, including all moving and rotating parts, shall be 100 feet, measured from the undisturbed ground elevation at the base of the device to the highest point of the arc of the blade, or to the top of the tower, whichever is greater. If a wind energy system is attached to an existing structure, then the maximum height of the attached wind energy system shall not exceed 100 feet, including the height of the existing structure.

The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of arc of the blades.

Guy wires associated with any wind energy system shall be located not less than 10 feet from a front, side or rear property line and shall be located not less than 10 feet from the dwelling located on the lot on which the wind energy system is to be located and shall be located not less than 10 feet from any street or other public right-of-way. 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.

All ground-mounted electrical and control equipment shall be labeled and secured, and equipped with an appropriate anti-climbing device or other similar protective device, to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible to the public for a minimum height of eight feet above the ground surface.

Operation of a wind energy system shall comply with performance standards of § 234-35 of this chapter. The owner of a wind energy system shall make reasonable efforts to minimize shadow flicker to any occupied building on another landowner's property.

No artificial lighting, unless required by the Federal Aviation Administration or other applicable authority that regulates air safety, signage, or any forms of advertising shall be utilized by or attached to the wind energy system.

Design and location of a wind energy system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. In no case shall a wind energy system be attached to a structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Places.

A permit must be first obtained from the Zoning Officer to erect a wind energy system, and such permit application must be filed along with the required permit fees. As part of the permit application, a plot plan of the parcel on which the wind energy system will be located shall be submitted to the Township, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed wind energy system, ownership information for adjoining properties, and setback measurements from property, street and public right-of-way lines. The Township may require submission of illustrations and photos depicting the color, size, shape, and architectural features of the proposed device, and submission of color photographs of the proposed tower location taken from view of all adjoining properties and roads.

Wind energy systems shall be a neutral, nonobtrusive color, such as white, off-white, gray, brown or other earth-tone shade, or such other color as permitted by the Township, unless required by the Federal Aviation Administration or other applicable authority to be otherwise.

(14)

All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.

(15)

Any wind energy system that is defective, has been abandoned, or that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner, at the owner's expense, to meet federal, state, and local safety standards, or be removed by the property owner within six months of written notification from the Township. If the owner fails to remove or repair the defective or abandoned wind energy system, the Township may pursue a legal action to have the wind energy system removed at the owner's expense.

(16)

A wind energy system, including tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures; and electrical design. Design information must be certified by a licensed professional engineer in the Commonwealth of Pennsylvania.

H-12 Solar Energy System: Solar energy systems include any solar collector or other solar energy device, or any structural design feature whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity generation primarily for the structure(s) located on the property wherein the solar energy system is located. Solar energy systems shall not be the primary use of the property. Solar energy systems may be mounted on a building as a roof array or on the ground. Solar energy systems may include solar panels which, for purposes of this section, are structures containing one or more receptive cells, the purpose of which is to convert solar energy into usable energy by way of a solar energy system.

[Added 12-21-2011 by Ord. No. 144]

No person shall install, construct, place and/or replace a solar energy system within Nockamixon Township without first applying for and receiving the appropriate permit from the Township and paying the requisite permit fee in full. No permit for such a solar energy system shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this chapter and all other requisite approvals needed under the Township Code of Ordinances have been secured.

The solar energy system shall conform to all applicable regulations of the zoning district (including dimensional and impervious surface), as set forth in applicable sections of the Township Code of Ordinances, in which the solar energy system is installed if not otherwise specifically set forth herein.

No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree, nor shall any solar energy system be located so that any reflection is directed toward an adjoining property.

Ground arrays. Solar panels shall be permitted as ground arrays in accordance with the following:

Ground array solar panels not exceeding 20 feet in height shall be set back a minimum of 50 feet from any property line or street right-of-way line.

Ground array solar panels exceeding 20 feet but not more than 30 feet shall be set back a minimum of 75 feet from any property line or street right-of-way line.

Ground array solar panels exceeding 30 feet in height are not permitted.

Ground arrays shall be located and angled so that any reflection is directed away or is properly buffered from an adjoining property or street.

A site plan must be submitted to the Township in conjunction with a permit application for a ground array system to verify that dimensional requirements of this chapter are met. The plan shall include the property boundary, all existing and proposed structures, the location and size of the proposed ground array with proposed setback distances indicated, screening/buffer plantings (if required), and any additional information deemed necessary by the Township.

Roof mounts. Roof-mounted solar panels, subject to the provisions of this section, are permitted in accordance with the following:

Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface.

Any roof-mounted solar panels that are not integrated and/or separate flush-mounted shall comply with the following additional requirements and restrictions:

Such other roof-mounted solar panels shall be located on a rear- or side-facing roof, as viewed from any adjacent street. If panels are proposed to be mounted on a front-facing roof, the applicant shall demonstrate to the satisfaction of the Township that the proposed use of roof-mounted solar panels is the only effective or possible means for utilizing solar energy on the property. Such information shall be certified by a professional deemed qualified by the Board of Supervisors and may be reviewed by any other Township professional that the Board of Supervisors deems necessary.

Such other roof-mounted solar panels shall not exceed a height of three feet from the rooftop at any point. Solar panels installed on a building or structure with a sloped roof shall not project vertically above the peak of the roof to which they are attached or project vertically more than three feet above a flat roof installation.

No roof-mounted array shall exceed 35 feet in height, or the maximum height requirement of the zoning district wherein it is located, whichever is more restrictive.

All roof installations shall require a structural analysis of the roof to certify the structural integrity of the roof for the proposed installation, if deemed necessary by the Township Code Official.

The installation of a solar energy system shall conform to the Pennsylvania Uniform Construction Code, as amended, and to all other applicable regulations and industry standards, including those of the American National Standards Institute. Manufacturer's data and certificates of design compliance shall be submitted with the permit application and plan.

All wiring shall comply with the applicable version of the National Electrical Code (NEC), as amended. The local utility provider shall be contacted by the owner of the subject property to determine grid interconnection and net metering policies.

Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line, and there shall be no auxiliary illumination of the system.

The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment.

Mechanical equipment associated with and necessary for the operation of the solar energy system shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other plant materials acceptable to the Township.

All solar energy system operators and owners must comply with any and all federal, state, and local regulations pertaining to solar energy and its collection for personal use.

If any of the requirements herein conflict with federal and/or state requirements, then the federal and/or state requirements shall govern, unless the requirements of this chapter are more stringent, in which case this chapter shall govern.

All solar energy system contractors applying for permits must submit proof of appropriate insurance in a manner, form and amount acceptable to the Township and be a certified installer for the type of system proposed.

H-13 Ground Source Heat Pump: Ground source heat pump systems (GSHP) are grouped into two types: closed-loop and open-loop systems. The closed-loop systems circulate a fluid through a subsurface loop of pipe and then to the heat pump. Open-loop systems circulate groundwater to the heat pump and then discharge it. Closed-loop systems are permitted within Nockamixon Township with the appropriate permit. Open-loop systems are not permitted in Nockamixon Township. GSHP shall be utilized for heating and cooling needs of structures located on the property wherein the system is located. GSHP shall not be the primary use of the property.

[Added 12-21-2011 by Ord. No. 144]

No person shall: construct or install a GSHP; dig, bore, drill, replace, modify, repair and/or destroy a well that is, is intended to be, or was part of a GSHP; or make any other excavation that may intersect groundwater without first applying for and obtaining the appropriate permit from the Township and Bucks County Health Department and paying the requisite permit fee in full. A permit is required for any GSHP within Nockamixon Township. Only closed-loop systems are permitted within Nockamixon Township. No open-loop system shall be permitted within Nockamixon Township. Application for a permit for the drilling of a well and/or the installation and/or construction of a GSHP shall be made to the Township Code Enforcement Officer. No permit for such a well and/or GSHP shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this chapter and all other requisite approvals needed under the Township Code of Ordinances have been secured. A site plan shall be submitted with the application for a GSHP and shall include the following:

Type of GSHP being proposed.

Type of piping and fluid proposed for the GSHP.

Type of grouting used for the GSHP.

Location of all existing and proposed water supply wells and septic systems within 200 feet of the proposed GSHP.

Location of all other existing and proposed GSHPs and distances to the buildings being served.

Statement of the method to protect curb, sidewalk, and driveway during construction of the GSHP, as applicable.

Statement of the proposed method of entry and exit from the site for drilling equipment and a plan to prevent soil/dirt from getting onto Township roads and/or a plan to remove such soil/dirt.

Location of any surface water body, including wetland, watercourse, or pond, within 100 feet of the proposed GSHP.

Location of all natural resources and other protected land within 25 feet of the proposed GSHP, including, but not limited to, required open space, steep slopes, floodplains, woodlands and wetlands.

GSHP systems shall be designed and constructed in accordance with the International Ground Source Heat Pump Association (IGSHPA) Installation Standards, as amended, and found at Section 6.3, References, of the Ground Source Heat Pump Manual of the Pennsylvania Department of Environmental Protection, as amended.

The perimeter of the GSHP subsurface loops shall meet the following minimum isolation requirements (unless more-restrictive isolation distances are required by the Bucks County Health Department):

Fifty feet from any existing or proposed drinking water wells.

Fifty feet from any existing or proposed individual or community on-lot sewage disposal system, including any primary or alternate drainfield sites.

Twenty-five feet from property lines and rights-of-way.

The subsurface loop of the GSHP system must comply with the following:

The subsurface loop piping must be made of polyethylene or a similar substitute material consistent with IGSHPA standards. All joints shall be sealed by heat fusion or IGSHPA certified process.

Only nontoxic fluid approved by the manufacturer, and consistent with IGSHPA, shall be used within the GSHP.

The installation specifications and drawings for the GSHP system shall be submitted to and reviewed by the Code Enforcement Officer and/or Township Engineer.

GSHP well drilling shall only be undertaken by a Pennsylvania-licensed well driller.

Wells shall be grouted to protect against degradation or contamination of the groundwater or intermingling of separate aquifers in accordance with the procedures recommended by the IGSHPA and Bucks County Health Department.

Prior to activation of a GSHP system, the Pennsylvania-licensed well driller and/or system installer shall provide to the Township:

An accurate written drilling record and a written geologic log.

An accurate record of the grouting used for each well.

As-built plans and related documentation for each system and well location.

Written documentation of the GSHP system testing and certification.

The depth of the tubing or heat transfer element must be at least 30 inches below the surface of the ground.

Ground source heat pump systems shall not encroach on public drainage and/or stormwater, utility, roadway or trail easements.

The GSHP shall be properly maintained in accordance with manufacturer's specifications, the installer's specifications, and any applicable federal, state and local laws. The owner of the GSHP shall keep maintenance records and provide copies to the Township, if requested. Additionally, the Township shall be provided access to inspect the system for proper operation and maintenance upon written notification to the property owner.

H-14 Outdoor Solid-Fuel-Burning Appliance: Any person desiring to install an outdoor solid-fuel-burning appliance within Nockamixon Township shall be required to obtain the requisite permit from the Township and shall pay the requisite fee. The permit application shall be signed by all owners of the property on which the outdoor solid-fuel-burning appliance will be located and the contractor installing the appliance. No permit for such an outdoor solid-fuel-burning appliance shall be issued until the plans and specifications have been approved by the Code Enforcement Officer and/or Township Engineer in accordance with this chapter and all other requisite approvals needed under the Township Code of Ordinances have been secured as follows:

[Added 12-21-2011 by Ord. No. 144]

The requirements set forth in this section do not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances; and/or

Burning in a stove, furnace, fireplace or other heating device located within a building or structure used for human habitation.

Fuel burned in any new or existing outdoor solid-fuel-burning appliance shall only be clean wood, natural untreated wood, wood pellets from clean wood, approved corn products, approved biomass pellets or other fuels specifically permitted by the manufacturer's instructions.

No person shall install an outdoor solid-fuel-burning appliance that is not UL listed and an EPA OWHH Phase 2 or current program qualified appliance.

No outdoor solid-fuel-burning appliance shall be located less than 75 feet from any property line.

No outdoor solid-fuel-burning appliance shall be located less than 200 feet from any occupied structure not located on the lot on which the appliance will be located.

The applicant shall provide documentation confirming that the manufacturer certifies that the proposed chimney height is safe and appropriate for the proposed use and location. The maximum height of the outdoor solid-fuel-burning appliance stack or chimney shall not exceed the maximum height requirement in the specific zoning district wherein the appliance is located. For new outdoor solid-fuel-burning appliances, no person shall install such an appliance unless it has a permanently attached chimney with a minimum chimney height of 10 feet above the ground.

No person shall use or operate a new or existing appliance unless it complies with all existing federal, state and local regulations, as applicable, including, but not limited to, the following:

25 Pa. Code, Section 121.7, as amended — Prohibition of Air Pollution.

25 Pa. Code, Section 123.1, as amended — Fugitive Emissions.

25 Pa. Code, Section 123.31, as amended — Odor Emissions.

25 Pa. Code, Section 123.41, as amended — Visible Emissions.

Section 8 of the APCA, 35 P.S. § 4008, as amended — Unlawful Conduct.

Section 13 of the APCA, 35 P.S. § 4013, as amended — Public Nuisances.

All appliances shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and guidelines for the appliance. In the event that a conflict arises between the manufacturer's instructions and regulations, and the regulations contained in this chapter the stricter instructions and/or regulations shall apply.

All ashes or waste may be disbursed on the property where the appliance is located unless otherwise prohibited by law.

All appliances shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure, including residential swimming pools, located on the property wherein the appliance is located.

All outdoor solid-fuel-burning appliances shall be equipped with properly functioning spark arrestors.

All outdoor solid-fuel-burning appliances must be equipped with a properly functioning catalytic converter.

Installation of any electrical or plumbing apparatus or device used in connection with the operation of an appliance shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications.

(14)

Standards for installation of an appliance shall also require the outdoor solid-fuel-burning appliance to be installed upon a nominal six-inch-thick, permanent, reinforced concrete pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad, or in accordance with the manufacturer's specifications, whichever is greater.

(15)

All stacks or chimneys must be constructed to withstand high winds or other related elements, pursuant to applicable building codes.

(16)

Any outdoor solid-fuel-burning appliance in existence on the effective date of this amendment shall be permitted to remain, provided that the owner complies with the regulations provided for in this chapter with respect to permitted fuel, emissions, safe operation, and/or modifications.

(17)

The outdoor solid-fuel-burning appliance shall be properly maintained in accordance with the manufacturer's specifications, the installer's specifications, and any applicable federal, state and local laws. The owner of the outdoor solid-fuel-burning appliance shall keep maintenance records and provide copies to the Township, if requested. Additionally, the Township shall be provided access to inspect the system for proper operation and maintenance upon written notification to the property owner.

(18)

If an outdoor solid-fuel-burning appliance is replaced or upgraded, a permit shall be required pursuant to this chapter and shall comply with all sections of this chapter.

(19)

If an outdoor solid-fuel-burning appliance remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and constitute a public nuisance and shall thereafter be removed by the property owner. This section shall not apply to unoccupied properties (such as those for sale) where the system is properly maintained. The alternative energy system owner, at his/her sole expense, shall complete decommissioning of the system within six months after the end of the useful life of the system, or within six months of damage which prevents the system from operating in a safe manner at full capacity or according to industry standards. The owner shall remove the abandoned and/or decommissioned system after a demolition or other requisite permit has been obtained from the Township. Removal includes the entire structure, including foundations to below natural grade, external mechanical equipment and transmission equipment.

(20)

A site plan shall be submitted with the application for an outdoor solid-wood-burning appliance, including the following: the location of the lot, building(s), and proposed alternative energy system in relation to each public right-of-way, building, property line, neighboring properties and buildings, and driveways. It shall also identify the lot area, location of existing natural and man-made features, ownership information for adjoining properties, setback measurements from property and street lines, and any additional information deemed necessary by the Township.

H-15 Wellhead Compressor:

[Added 2-19-2015 by Ord. No. 157]

Conditional use approval for wellhead compressors may be considered at the same time as conditional use approval for G-19 Recovery of Subsurface Oil and Gas Deposits.

A wellhead compressor may not service more than one wellpad but may service multiple wells on one wellpad.

As an accessory use to recovery of subsurface oil and gas deposits (Use G-19), wellhead compressors are subject to § 234-23S.

§ 234-25 Table of Use Regulations.

[Amended 11-9-1994 by Ord. No. 79; 5-11-1999 by Ord. No. 97; 12-16-2009 by Ord. No. 139]

A Table of Use Regulations is attached hereto and incorporated herein as Attachment A to the Zoning Ordinance.[1]