Township of East Earl, PA Article XXI Criteria for Specific Land Uses, Including Special Exceptions and Conditional Uses

§ 450-160 General description.

A. The specific uses set forth herein are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article, in addition to all other requirements of this Zoning Ordinance. The specific uses in this article are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Some of the uses specified in this article are permitted pursuant to special exception approval and some may be permitted subject to conditional use approval.

B. The Zoning Hearing Board may grant approval of a special exception, provided that the applicant complies with the standards for special exceptions set forth in this article and demonstrates that the proposed special exception use contained herein shall not be detrimental to the health, safety, and welfare of the neighborhood. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards in addition to those expressed in the Zoning Ordinance as it may deem necessary to implement the purposes of this Zoning Ordinance. Similarly, in the case of conditional uses, the Board of Supervisors may grant approval subject to compliance with the standards set forth herein and pursuant to the procedures set forth in § 450-176.

C. The Zoning Officer may also approve a permit application for a specific use listed herein when permitted as of right provided that the applicant complies with the standards set forth herein.

D. In all instances, the burden of proof shall rest with the applicant.

§ 450-161 Procedure.

The procedures for consideration of special exceptions shall follow the procedure for hearings as stated in § 450-194 and the procedures for consideration of conditional uses as set forth in § 450-176.

§ 450-162 Plan requirements.

Any application for any use set forth in § 450-164 and any other special exception or conditional use as may be designated by the Township shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Zoning Ordinance and shall include the below information and any additional information as may be required by the appropriate application form or the applicable subsection in § 450-164:

A. The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information.

B. The names and addresses of adjoining property owners, including properties directly across a street right-of-way.

C. Ground floor plans and elevations of proposed structures.

D. A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.

§ 450-163 General standards for all special exception or conditional use applications.

In order to receive special exception or conditional use approval, the applicant shall establish by credible evidence that:

A. The proposed use is consistent with the purpose and intent of the Zoning Ordinance.

B. The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.

C. The application complies with all criteria established for the respective land use proposal addressed in § 450-164.

D. The proposed use does not substantially impair the integrity of the Township's Comprehensive Plan.

E. The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.

F. The off-street parking provisions are in conformance with those specified in Article XIX of this Zoning Ordinance.

G. Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement traffic.

H. The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted is not out of character with the normal traffic using said public road.

I. The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.

J. The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.

K. Facilities are available to adequately service the proposed use (e.g., schools, fire, police, and ambulance protection, sewer, water, and other utilities, etc.).

L. Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.

M. The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.

N. Operations in connection with a special exception use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.

§ 450-164 Specific use standards.

A. Each of the following land uses contains criteria which shall be addressed by the applicant and, as the case may apply, reviewed by either by: (1) the Zoning Hearing Board in its consideration of a special exception; (2) by the Board of Supervisors in its consideration of a conditional use; or (3) by the Zoning Officer when an applicant seeks a permit for any of the below listed land uses that are permitted by right in a particular zoning district.

(1) Adaptive reuse of agriculture buildings for off-site storage purposes.

(a) The original function and purpose of the building was used for agricultural purposes.

(b) No more than two storage uses shall be allowed on the farm parcel.

(c) No mini storage units shall be permitted.

(d) The building facade shall give no outward appearance of being utilized for purposes other than a dwelling or accessory farm building.

(e) Building improvements shall comply with all applicable building code requirements.

(2) Adult-related business.

(a) Any such business shall be set back at least 250 feet from any school, day-care center, park or church. For purposes of this subsection, such setback shall be measured from the closed point on the lot where the adult-related business is located to the closest point on the lot where the school, day-care center, park or church is located.

(b) The proposal shall comply with all and violate none of the requirements of the East Earl Township Adult Related Activities Ordinance No. 43.[1]

[1] Editor's Note: See Ch. 95, Adult Uses.

(3) Adult day-care facilities including family-care facilities.

(a) Off-street parking shall be provided in accordance with Article XIX herein. In addition, at least two parking spaces, or 5% of all parking spaces shall be designated as handicapped parking.

(b) The facility shall be conducted and operated in accordance with applicable commonwealth laws and regulations in addition to other applicable provisions herein.

(4) Age-restricted residential community and continuing care retirement community (CCRC).

(a) Standards for all age-restricted residential communities and CCRCs in addition to otherwise applicable provisions herein:

[1] Minimum lot area: 10 acres.

[2] A minimum of 30% of the lot area shall comprise permanent open space. Design, ownership and maintenance of open space shall comply with the provisions of § 450-164A(38).

[3] Net density shall be as follows:

[a] Maximum net density for age-restricted residential communities in the RL Zoning District: three dwelling units per net acre (defined pursuant to the definition of "net density"). Assisted living and nursing beds shall be counted as 0.5 dwelling units each. Independent residences shall be limited to single-family dwellings with a minimum individual lot size of 6,000 square feet shall be established for all residential development, regardless of the mix of dwelling unit types.

[b] Net density for age-restricted residential communities and continuing care retirement communities in the RM Zoning District: see § 450-49, noting that assisted living and nursing beds shall be counted as 0.5 dwelling unit each.

[c] Net density for age-restricted residential communities and continuing care retirement communities in the CN Zoning District: a net density of between four and eight dwelling units per net acre (defined pursuant to the definition of "net density") shall be established for the development, regardless of the mix of dwelling unit types. Assisted living and nursing beds shall be counted as 0.5 dwelling units each.

[4] Minimum tract perimeter setback: 50 feet.

[5] Building setbacks from internal access drives may be reduced to 25 feet, and from parking lots 15 feet, measured from the cartway edge or curbline.

[6] Maximum length of individual residential structure, excluding enclosed breezeways no more than one and a 1 1/2 stories in height: 150 feet. The maximum building length may be increased where an offset in the facade visually breaks the building into component less than 150 feet to the satisfaction of the Board of Supervisors.

[7] The community may include customary accessory uses intended principally to serve residents and staff or to facilitate the operation and management of the community, including administrative offices and operational facilities, child or adult day care, personal service shops such as barber shop, beauty salon or commissary, branch bank and/or automated teller machine, dining facilities, community center, library, cultural, educational, social, religious and recreational facilities, wellness center, or other similar uses.

[8] A coordinated system of nonmotorized access means shall be provided throughout the community, including sidewalks bicycle routes, and trails as necessary to connect all buildings and parking areas and to interconnect with pedestrian and bicycle circulation means outside the development, where recommended by the Township.

[9] The architectural design of any buildings larger than conventional single-family detached dwellings shall mitigate the visual impact(s) of larger buildings as viewed from any public road. The applicant shall demonstrate that the overall design, in terms of the locations, form, massing, height, and architecture of all structures and facilities, as applicable, taken as a whole, shall minimize impacts to surrounding residences, neighborhoods and public roads. The applicant shall submit typical architectural elevations and landscaping cross-sections as necessary to demonstrate compliance with this provision.

(b) Special provisions for CCRC (in such zones where CCRCs are allowed under this chapter):

[1] A CCRC may include Independent living residences, assisted-living residences and skilled nursing beds.

[2] The total number of skilled nursing beds shall equal no more than 35% of the total number of independent living residences and assisted living residences; provided, except where applicant demonstrates actuarial information satisfactory to the adjudicating Board justifying a higher number.

[3] In addition to customary accessory uses set forth in Subsection A(4)(a)[7] above, a CCRC may include customary accessory uses intended principally to serve residents physical and mental health needs, including therapy facilities, physicians' offices, patient hostel, rehabilitative services center, specialized facilities for "memory care," or Alzheimer's and/or dementia care and other medical facilities, or other similar uses.

[4] If at any time, the number of nursing beds or assisted-living residences exceeds actual demand from within the CCRC, persons from outside the CCRC may be permitted to occupy such nursing beds or residences on a temporary basis.

(4.1) Agricultural support businesses.

[Added 7-13-2021 by Ord. No. 212]

(a) Where permitted, an agricultural support business may include any uses that are not incompatible with the agricultural use of the farm. Examples of incompatible uses include, without limitation, convenience stores, restaurants and taverns.

(b) All agricultural support businesses shall comply with the following requirements:

[1] The minimum lot size for an agricultural support business shall be 10 acres. Any agricultural support business must be located on a farm.

[2] All uses on any farm, including an agricultural support business, shall not exceed 25% impervious coverage.

[3] At least one owner of the agricultural support business shall reside on the farm or shall be a family member of the owner of the farm upon which it is located. Not more than three full-time or full-time equivalent employees not residing on the subject farm or not Family members of residents of the farm shall be employed in the total of all agricultural support businesses on the farm. The above number may be increased at the sole discretion of the governing body as part of the conditional use proceeding for the agricultural support business; provided, however, that in no event shall there be more than six nonresident, non-family-member employees working at the agricultural support business.

[4] Outdoor storage of materials, vehicles and goods related to the agricultural support business is permitted, provided that such storage is screened from adjacent properties by landscaping consisting of evergreen trees and/or shrubs with a minimum height of six feet, or fencing with a minimum height of six feet, or a combination thereof, and is located at least 25 feet from any property line. Storage areas shall not exceed the total maximum impervious coverage for the farm or 5,000 square feet, whichever is less, and shall be depicted and described on the conditional use plan that is submitted in connection with the application for the agricultural support business.

[5] A two-foot-by-four-foot or smaller business sign advertising the agricultural support business shall be permitted along the farm's frontage. At a minimum, the business sign shall depict the street number of the farm. No building signage shall be permitted except for directional signage.

[6] All operations, exclusive of permitted outdoor storage, shall be conducted within a building on the farm.

[7] No more than two agricultural support businesses, rural accessory business uses, farm-related occupations or nonconforming uses per lot shall be permitted per farm.

[8] Agricultural support businesses may be conducted within either an existing building on the farm or a new structure to be constructed.

[9] Off-street parking and loading shall be provided in accordance with Article XVIII.

[10] Agricultural support businesses shall meet the performance standards in accordance with § 450-111.

(5) Agritourism uses.

(a) Agritourism activities shall avoid undue impact to any prime agricultural soils.

(b) No new buildings shall be permitted.

(c) Proposed activities shall be located so that the amount of land capable of being used for agricultural production that is proposed to be converted is minimized.

(d) The development of an agritourism use must be principally oriented around a farm (dwelling, barns, other buildings, and land) that existed as of the effective date of this chapter.

(e) Any areas used for farming and/or the keeping of farm animals shall be subject to all the applicable regulations of the Agricultural (AG) District and the Conservation/Open Space (CO) District.

(f) The subject property shall front along and provide vehicular access to a collector or arterial road as identified in § 450-121. In the alternative to the foregoing, an applicant may present evidence to otherwise demonstrate that vehicular access to and from the agritourism use shall be efficient, safe and effective with no material impacts on the Township road system, and/or with any negative impacts minimized by employment of specific steps and actions.

(g) All buildings, structures, off-street parking and loading areas shall be set back at least 100 feet from any adjoining property lines and 300 feet from any adjoining residences or residentially zoned property.

(h) The applicant shall furnish evidence of an approved means of potable water supply and sewage disposal to serve all proposed uses.

(i) The applicant must provide for sufficient off-street parking spaces and off-street loading spaces for all of those uses proposed according to the off-street parking and loading provisions of this chapter. All off-street parking and/or loading areas shall be screened from adjoining residences and from adjoining roads. If, at any time after the opening of the facility, the Board of Supervisors determines that parking, loading or traffic backups are occurring on adjoining roads, and such are directly related to inadequate on-site facilities on the subject property, the Board of Supervisors can require the agritourism operator to revise and/or provide additional on-site parking and/or loading space. In addition, the Board of Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

(j) Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the agritourism use, the Board of Supervisors determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Board of Supervisors can require the agritourism operator to revise the means of access to relieve traffic backups.

(k) The applicant shall furnish evidence of the provision of adequate public safety services including trained volunteers and paid professionals, whether public or private.

(l) Any outside pedestrian waiting lines shall be provided with a means of shade.

(m) The total retail display and sales area shall not exceed 2,000 square feet.

(n) The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris.

(o) The Zoning Hearing Board will approve the proposed use(s) only upon finding that the site and buildings provide for a logical location for such use(s).

(p) The use shall be approved only if the applicant demonstrates that it can be effectively accommodated without adverse impact to adjoining uses due to hours of operation, noise, light, litter, dust, and pollution.

(q) For any such activities planned or anticipated to have attendance of more than 200 persons at any one time during a day, and event plan addressing parking, proposed days of operation, ingress and egress, sanitation, and other public safety issues shall be filed annually with the Zoning Officer, servicing fire company, emergency medical service provider, and any local law enforcement agency at least 30 days prior to the start of any agritourism activity in the calendar year.

(6) Amusement arcades. See "indoor recreational facilities."

(7) Apartment, accessory.

(a) The apartment will be a complete and separate housekeeping unit to include separate cooking and bathroom facilities that can be isolated from the original unit.

(b) Only one apartment will be created within a single-family detached dwelling unit.

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

(d) The accessory apartment shall be designed so that, to the degree feasible, the appearance of the building remains that of a single-family detached building. In general, any new entrances shall be located on the side or in the rear of the building, and any additions shall not increase the square footage of the original structure by more than 20%.

(e) The design and size of the apartment conforms to all applicable state and Township standards/codes including, but not limited to, the Township's building code.[2]

[2] Editor's Note: See Ch. 175, Construction Codes, Uniform.

(f) Additions and alterations carried out in the last three years prior to application, which add more than the permissible 10% to the previous floor area of the existing single-family detached dwelling, shall not be considered in determining adequate space.

(g) Under no circumstances shall the apartment be greater than 30% of the structure's total floor area nor greater than 800 square feet.

(h) A minimum of 500 square feet of floor area shall be required.

(i) Off-street parking shall be provided in accordance with Article XIX herein.

(j) All accessory apartments shall be provided with a street number for emergency management purposes.

(8) Apartment, conversion.

(a) The proposed conversion shall conform to the regulations for the district in which it is located.

(b) There shall be no exterior evidence of change in the building except as required by state or Township building or housing codes or regulations.

(c) Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.

(d) Off-street parking shall be provided in accordance with the provisions of Article XIX.

(e) The plans for the conversion of said building shall be submitted to the Zoning Officer/Planning Commission for review as a permitted use, if considered a land development plan and shall be acted upon in accordance with the applicable Subdivision and Land Development Ordinance;[3] otherwise, it shall be considered a special exception and the plans forwarded to the Zoning Hearing Board for review.

[3] Editor's Note: See Ch. 380, Subdivision and Land Development.

(9) Bed-and-breakfast establishments. The following provisions shall apply to all bed-and-breakfast establishments:

(a) No external modifications which would alter the residential character of the neighborhood, with the exception of fire escapes, are permitted.

(b) All floors utilized by guests of the bed-and-breakfast establishment shall have an emergency escape access to ground level.

(c) One off-street parking space shall be provided for each proposed rental unit or room, in addition to the required spaces for the existing dwelling.

(d) One sign may be erected which shall be no larger than 12 square feet in size and which shall be no less than 10 feet from any property lines.

(e) A bed-and-breakfast establishment shall not include more than five rooms for rent; and breakfast, if offered, shall be available only for registered overnight guests. No meals other than breakfast shall be served.

(f) Not more than 10 adult guests may be accommodated at any one time. The length of stay per guest shall be limited to 15 days.

(g) In the absence of public sewer facilities, the applicant shall provide written notice from the Township Sewage Enforcement Officer that the existing sanitary sewage facilities are adequate to treat the anticipated sewage or that a permit for a new or modified subsurface sewage disposal system has been issued.

(h) The bed-and-breakfast establishment shall demonstrate adequate potable water supply for the intended use.

(i) Where there is a bed-and-breakfast establishment on a lot, no boarding home shall be permitted.

(10) Boarding home (including rooming/lodging houses).

(a) Accommodations shall be limited to no more than 10 guest rooms for rent.

(b) Not more than 20 guests may be accommodated at any one time.

(c) Meals for compensation shall be provided only to boarding home guests. No cooking facilities shall be provided or permitted in the individual guest rooms.

(d) Guest rooms shall contain a minimum of 200 square feet of habitable floor area per unit.

(e) The minimum front, side, and rear yard setbacks shall be no less than 25 feet.

(f) Off-street parking shall be provided in accordance with Article XIX herein, and shall be at least 25 feet from all property lines.

(g) The applicant shall furnish evidence that systems for sanitary sewage disposal and water supply have been approved by the appropriate authorities.

(h) No external modifications which would alter the residential character of the dwelling, with the exception of fire escapes or other building code requirements, are permitted.

(i) Where there is a boarding home on a lot, no bed-and-breakfast establishment shall be permitted.

(11) Cemeteries and monument sales.

(a) No monuments or other merchandise shall be placed in the front yard of a monument sales use.

(b) Sufficient off-street parking shall be provided to prevent the blockage of traffic on adjacent streets.

(c) The internal access drives within a cemetery shall provide for the safe movement of vehicles and shall provide safe points of ingress and egress.

(d) All burial plots and facilities shall be located no closer than 10 feet from any abutting property. Burial plots shall not be located within the required front yard setback of the underlying zoning district.

(12) Churches and related uses.

(a) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines and shall be placed in accordance with § 450-114 herein.

(b) Off-street parking shall be provided in accordance with the provisions of Article XIX herein and shall be at least 25 feet from all property lines and the street right-of-way line.

(c) The maximum lot area for any church in the Agricultural (AG) District shall be 10 acres. All activities of the church shall be limited to the subject parcel.

(d) A side yard setback of 50 feet shall be maintained on each side.

(e) Church-related residences which are located on the same parcel as the church shall be subject to the same standards for detached single-family dwellings in the underlying district.

(f) Church-related educational or day-care facilities shall conform to the following:

[1] If educational facilities are offered below the college level, the applicant shall provide an outdoor plan for recreation which shall be acceptable to the Zoning Hearing Board, or when permitted by right, the Zoning Officer. Appropriate screening and buffering from adjacent residential properties shall be provided.

[2] The application shall be accompanied by a plan which demonstrates that adequate outdoor recreational facilities are being provided.

[3] Student and child dropoff areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.

[4] The applicant shall provide a parking plan which justifies that the proposed parking facilities are sufficient for the intended use.

(g) Any other use not specified above shall be considered and reviewed as a principal use subject to all applicable related requirements.

(13) Clubs and lodges.

(a) The chief activity of such use shall not be one which is customarily carried on as a business, and the building and services shall be primarily for the use of members and their guests only. A dining room may be operated for the benefit of club members provided that no permanent sign advertising the sale of food or beverages will be permitted.

(b) A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use or district.

(c) Off-street parking shall be provided at least 25 feet from all street rights-of-way and adjoining residential properties.

(d) Any outdoor recreational facilities shall be located at least 50 feet from any property line.

(14) Commercial antennas, towers, and equipment for commercial operation.

(a) Satellite dish antennas. Satellite dish antennas shall be permitted by special exception as accessory structures, provided that:

[1] No such antenna shall be located in any front yard.

[2] No more than one antenna shall be located on any one unit in the Commercial Neighborhood District.

[3] The absolute minimum diameter satellite dish antenna shall be employed. In no case shall any antenna be larger than eight feet in diameter.

[4] The maximum height of any freestanding antenna shall be 15 feet.

[5] No part of any freestanding antenna shall be located any closer than 10 feet to any property line.

[6] No such antenna shall be located on the roof of any accessory building such as detached garages or sheds.

[7] Roof-mounted antennas shall not be permitted in the Commercial Neighborhood District, nor located on the front roof line, unless a variance is granted by the Zoning Hearing Board upon presentation of evidence that a roof-mounted antenna is the only feasible method of obtaining reception due to physical characteristics of the property and the location of existing structures. Roof-mounted antennas shall be constructed of a wire mesh material or its equivalent and shall not exceed 12 feet in height.

(b) Communication antennas. Other radio and television antennas, subject to licensing and/or regulation by the Federal Communications Commission, shall be permitted by special exception as accessory structures, provided that:

[1] Any freestanding antenna shall be located at least 15 feet from any dwelling unit or principal structure on the lot.

[2] Antennas and associated structures which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance for every one foot of height in excess of 30 feet.

[3] Antennas shall not be permitted in any front yard.

[4] The antenna and associated structures shall be securely anchored in a fixed position on the ground and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other forces.

[5] The antenna and its associated supports, such as guy wires, or the yard area containing the structure, shall be protected and secured to guarantee the safety of the general public. Associated supports and guy wires shall not be located any closer than five feet to any property line.

[6] In granting the use, the Zoning Hearing Board may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, fencing, screening and increased setbacks.

[7] All antennas are subject to the following provisions:

[a] The applicant must demonstrate that the proposed location is necessary for the efficient operation of the system by identifying that the system cannot operate with equal effectiveness if it were to co-locate with similar existing facilities and if located elsewhere in the zoning district where permitted by special exception.

[b] The applicant shall provide engineering drawings of the proposed facility sealed by a registered professional engineer. Said drawings and accompanying material shall demonstrate that the structure is so designed to withstand excessive winds and to fall in on itself if a structural collapse should occur.

[c] The applicant shall provide evidence of the required approval from the Federal Aviation Administration and the Federal Communications Commission.

[d] All structures shall contain a setback from all property lines a distance equal to the height of the facility. Additionally, the setback from any street right-of-way shall be equal to the height of the facility unless the existing building setback line is greater than the structure height.

[e] All facilities shall be completely enclosed by an eight-foot-high chain-link fence with self-locking gate.

[f] When lighting is provided for towers, such light feet shall shielded so as not to produce light on abutting properties.

[g] The antenna guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas shall be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. Screening material shall be of a height necessary to conceal the antenna without reception being obstructed. Screening shall not exceed six feet in height. The materials used in construction of the antenna shall not be unnecessarily bright, shiny, garish or reflective.

[h] All antennas shall conform to the requirements of the applicable building construction code.

[i] A zoning permit and building permit shall be required for the installation of an antenna in excess of 12 feet in height and in accordance with the applicable building construction code, as amended.

[j] All antennas shall be maintained in good condition and in accordance with all requirements of this section.

[k] All antennas shall be subject to periodic reinspection. No addition, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with Township codes and the zoning permit.

(15) Day-care centers (including day-care centers as an accessory use to a principal use).

(a) Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.

(b) An outdoor play area shall be located in the rear yard and be surrounded by a safety fence or natural barrier.

(c) Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(d) A buffer yard of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 450-114 herein. Said buffer yard shall be provided, in addition to required side and rear yards, and shall not be included in determining usable outdoor play area.

(e) Off-street parking/loading and unloading areas shall be provided in accordance with Article XIX herein.

(16) Drive-through establishments: see "vehicular sales/vehicular service establishments and other drive-through type uses."

(17) ECHO housing.

(a) The total building coverage for the principal dwelling, the accessory structures, and the proposed dwelling together shall not exceed the maximum requirement of the prevailing zoning district.

(b) The proposed dwelling shall be occupied by either an elderly, handicapped, or disabled individual related to the occupants of the principal dwelling by blood, marriage, or adoption, or by the caregiver for any of the above-mentioned individuals.

(c) The proposed dwelling shall not be occupied by more than two people.

(d) The applicant shall provide evidence that the proposed method of sewage disposal and water supply comply with Department of Environmental Protection requirements.

(e) One off-street parking space shall be required for the proposed dwelling unit.

(f) The proposed dwelling shall be located to the side or rear of the principal dwelling and shall be subject to all side and rear yard requirements of the prevailing zoning district.

(g) If the proposed dwelling is a manufactured home, it shall be placed on the lot in accordance with the foundation and anchoring requirements of the Township Building Code.[4]

[4] Editor's Note: See Ch. 175, Construction Codes, Uniform.

(h) The proposed dwelling unit shall be provided with properly designed utility connections.

(i) The applicant shall furnish proof of the filing of either a land development plan or an agreement with the East Earl Township Board of Supervisors for the proposed dwelling unit.

(j) The proposed dwelling unit shall be removed within 90 days after it is no longer occupied by the individual who qualifies for the use.

(k) Upon the proper installation of the proposed dwelling, the Zoning Officer shall issue a temporary zoning permit. This permit shall be reviewed during the month of January of each year until such time that the dwelling is to be removed. A fee, in an amount established by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary building permit.

(18) Event facilities.

(a) Where permitted, event facilities are encouraged, but not limited, to adaptively reuse existing structures.

(b) When conducted as a principal use, event facilities may include such accessory uses and temporary structures as are required for the conducting of events. In such cases, accessory uses may include a single-family residence on the property, which is occupied by the owner/operator of the event facility or a caretaker employed by the facility owner/operator.

(c) The event facility shall be provided with safe and efficient vehicular ingress and egress. A traffic management plan shall be prepared, submitted to the Zoning Hearing Board, and implemented as required by the Zoning Hearing Board. The Board may also require that parking and traffic attendants be provided by which to implement the traffic management plan.

(d) At a minimum, parking shall be provided in accordance with § 450-138A(23). However, the Zoning Hearing Board may require additional parking above this standard; if so, the Zoning Hearing Board may, at its discretion, allow the additional parking to be provided as overflow, grass-surfaced parking.

(e) The event facility shall be operated in conformance with all of the provisions of § 450-111 as they relate to the conduct of events. In particular, the Zoning Hearing Board shall consider and, at its discretion, may limit the impact of noise on surrounding properties (pursuant to § 450-111G).

(f) Evidence must be provided to the Zoning Hearing Board that the event facility is or will be served by adequate water and sewer facilities as well as trash collection.

(g) All event facilities must comply with applicable building codes and requirements.

(h) The serving of food and beverages (including alcoholic beverages) is permitted, subject to the permitting and licensing requirements of governmental agencies having jurisdiction.

(i) All event facilities shall comply with the lot area, lot width, setback, impervious coverage, and building height requirements as set forth in the underlying zoning district.

(j) In considering an application for an event facility, the Board may consider and place limitations on:

[1] The hours of operation.

[2] Maximum number of attendees.

[3] Lighting.

[4] Signage.

[5] Screening.

(19) Family care facilities: see "adult day-care facilities."

(20) Family day-care homes/group day-care homes.

(a) A minimum of 100 square feet of usable outdoor play space and 40 square feet of usable indoor space must be provided for each child present at the facility, including resident children.

(b) Outside play shall be limited to the rear yard of such facility during the hours of 8:00 a.m. and 7:00 p.m.

(c) A buffer yard of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with § 450-114 herein. Said buffer yard shall be provided, in addition to required side and rear yards, and shall not be including in determining usable outdoor play area.

(d) Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, state or federal regulations.

(e) Off-street parking/loading and unloading areas shall be provided in accordance with Article XIX herein.

(21) Farm-related occupations.

(a) Where permitted, farm-related occupations may include the following accessory uses when operated on a farm and where the farm uses continue to operate:

[1] Facilities for the processing, storage and wholesale distribution of goods produced on the farm.

[2] Facilities for the service and repair of agricultural equipment and incidental sales of parts and services.

[3] Blacksmith and tool-sharpening service.

[4] Custom carriage, buggy, wagon and related appurtenances, construction, sales and service.

[5] Carpentry.

[6] Woodworking, furniture, upholstery and cabinetmaking.

[7] Butchering.

[8] Clothesmaking.

[9] Baking.

[10] See also the definition of "farm-related occupation" in § 450-9, Definitions.

(b) All farm-related occupations shall comply with the following requirements:

[1] Not more than two farm-related occupations, rural accessory business uses, or nonconforming uses per lot shall be permitted.

[2] Not more than a total of 4,000 square feet of structure floor area shall be utilized for all farm-related occupations, rural accessory business uses, and nonconforming uses. Such space shall be physically partitioned from the principal use or other accessory uses.

[3] Not more than 600 square feet of total outdoor display space for all farm-related businesses shall be permitted. Outdoor display shall be limited to daylight hours and must be removed after dusk.

[4] The owner of the farm-related occupation shall be a full-time resident of the principal farm dwelling on the property. Not more than two full-time or full-time equivalent employees not residing on the subject property or not family members of residents of the property shall be employed in the total of all farm-related occupations, rural accessory business uses, and nonconforming uses on the lot.

[5] Signs shall be placed in accordance with Article XVIII herein.

[6] Off-street parking, off-street loading, and on-site access drives shall comply with the following:

[a] Off-street parking and loading shall be provided in accordance with Article XIX.

[b] Deliveries shall not restrict traffic circulation.

[c] The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of a least 50 feet from the street right-of-way. In addition, another 50 feet of gravel section shall be located just beyond the paved apron.

[7] When necessary, outside storage shall be provided in accordance with § 450-117. In any event, outside storage shall not exceed the permitted impervious coverage or 10,000 square feet, whichever is less.

[8] Farm-related occupations shall be conducted within the designated farmstead area of the farm parcel and within the dwelling and/or accessory building on the same lot as the dwelling.

[9] The building face, whether new or existing, shall give no outward appearance of being utilized for purposes other than a dwelling or accessory farm building.

[10] Farm-related occupations shall meet the performance standards in accordance with § 450-111.

[11] Buffer yards and screening shall be provided in accordance with § 450-114, if the structure which houses the proposed farm-related occupation abuts a property line of a nonfarm residential lot.

[12] Accessory storage and warehousing of goods produced by the farm-related occupation shall be subject to the provisions below.

[a] All storage and warehousing of goods shall be within enclosed buildings or when not in a building, shall be screened from view at the property line or from the roadway in accordance with § 450-114.

[b] The reuse of vacant buildings on the farmstead or nonfarm lot shall be given first priority. The applicant shall provide evidence that the use of existing vacant buildings is not feasible for storage or warehousing before storage or warehousing is permitted in new building or screened areas.

[c] Additional inside storage and warehousing shall be permitted in the amount of 50% of the area devoted to the business. More than 50% of the area devoted to the business may be used for storage by special exception. The maximum storage area shall be 2,000 square feet.

[d] Outside storage shall not exceed the permitted impervious coverage or 10,000 square feet, whichever is less.

[13] Spacing between new and existing structures within the farmstead shall be in accordance with the below requirements:

[a] When front to front, rear to rear, or front to rear, parallel structures shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where service drives or bank grade changes or collector walks are introduced in this space, the distance between structures shall be at least 50 feet.

[b] End to end, a distance of 25 feet between structures for a one story structure plus five additional feet for each story in excess of one.

[c] End to front, or end to rear, a distance of 30 feet between structures for each one story structure plus five feet additional for each story in excess of one.

[d] When adjacent structures differ in the number of stories, the required distance between structures shall be calculated on the taller of the structures.

[14] The proposed use shall comply with the following Township environmental requirements.

[a] An approved Pennsylvania Department of Environmental Protection (PADEP) sewage facilities planning module and/or permit, as required, for on-lot sewage disposal for the expansion of an existing, or development of a new on-lot system, shall be provided by the owner.

[b] The proposed activity and/or required building and site improvements shall conform with Chapter 358, Stormwater Management.

[c] No new construction or site improvements shall be permitted on soils on the property classified as having severe limitations on building site development as defined in the United States Department of Agriculture's (USDA) Soil Survey of Lancaster County, most recent addition.

[d] No new construction or site improvements shall be located within areas of slope greater than 25%.

[e] No new construction shall be located within 100 feet of surface waters (pond, stream, etc.).

[f] No new construction shall be located within an area of wetlands.

[g] Uses that will use more water than a single family housing unit in areas with limited groundwater quantity supplies (as identified and mapped by the county) shall not be approved until aquifer testing has been completed in accordance and compliance with Chapter 380, Subdivision and Land Development.

(22) Floodplain uses. All uses within the floodplain shall conform to the requirements of East Earl Township Ordinance No. 197-2016, the provisions of which are incorporated herein as if fully set forth at length.[5]

[5] Editor's Note: See Ch. 222, Floodplain Management.

(23) Forestry activities/woodland preservation.

(a) Forestry activities. In accordance with the requirements of Section 603(f) of the MPC,[6] forestry activities including the harvesting of timber, are hereby declared to be permitted as of right in all zoning districts within the Township subject to:

[1] The provisions generally applicable to all uses in the district in which such land is located;

[2] The provisions of this section; and

[3] The provisions of East Earl Township Timber Harvesting Ordinance, Ordinance No. 170 of 2011.[7]

[7] Editor's Note: See Ch. 397, Timber Harvesting.

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

(b) The cutting down and removal of five or more trees from a single lot or tract of land within the Township shall be subject to the requirements and procedures of the East Earl Township Timber Harvesting Ordinance, Ordinance No. 170 of 2011.[8]

[8] Editor's Note: See Ch. 397, Timber Harvesting.

(c) Forestry activities shall be conducted in accordance with an erosion and sedimentation pollution control plan that is consistent with current acceptable practices to control runoff, erosion, stream siltation and soil stabilization.

(d) The erosion and sedimentation pollution control plan shall be submitted to the Lancaster County Conservation District for their review and approval prior to initiating any earthmoving or timber-harvesting activities.

(e) The erosion and sedimentation control plan, along with evidence of the review and approval of same by the Lancaster County Conservation District, shall be submitted to the Township prior to initiating any earthmoving or timber-harvesting activities.

(f) All roads and trails developed as part of a timbering activity shall be dust stabilized when within 100 feet of any lot or street line.

(g) Woodland preservation. The following provisions shall apply to woodlands, which for purposes of this section and this chapter shall be defined as a lot that is 1/2 acre or more in size containing five or more trees with trunk diameter three inches or more at the height of three feet above the ground on level:

[1] No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include floodplains, hydric soils, slopes in excess of 15%, and wetlands.

[2] No more than 50% of woodlands not located within environmentally sensitive areas (as defined in a above) shall be altered, regraded, cleared or built upon.

[3] Construction, development, grading, or clearing operations shall not increase the amount of stormwater which runs off of the lot to levels which exceed the stormwater runoff which flowed from the lot prior to such activities.

[4] Stormwater management facilities and sedimentation and erosion control facilities shall be provided on lots where construction, development, grading, or clearing has increased the rate of the stormwater runoff above the rate that flowed from the lots prior to such activities.

[5] If a subdivision or land development plan is not required to be approved by the Board of Supervisors, a plan showing all proposed development, construction, or alteration of the land shall be required to be submitted by the landowner to the Board of Supervisors, to be processed and reviewed as a stormwater management plan, prior to the issuance of a building permit for such activities which affect more than three acres, which shall be calculated cumulatively from the effective date of this section of the chapter. The Township may also require stormwater calculations, performed by an individual registered in the Commonwealth of Pennsylvania to perform such calculations, to be submitted with the plan. The Zoning Officer may request the Township Engineer to review the plan and stormwater calculations and to make recommendations within 30 days on the content and accuracy of said plan and calculations. Any landowner whose property is so studied shall pay all costs for the review of these studies by the Township Engineer.

[6] The clearing of trees should only be conducted in those areas necessary for the construction of structures for which a building permit has been issued or as a method of forestry, when conducted in accordance with accepted silvicultural principles and as set forth herein.

(24) Funeral homes. Where permitted or permitted as a special exception, funeral homes may be established, subject to the following conditions:

(a) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along rear and side lot lines abutting a residential use.

(b) Off-street parking shall be provided in accordance with Article XIX herein.

(25) Game refuges.

(a) Where permitted, game refuges shall provide for the protection, care, and feeding of animals while safeguarding the welfare of the Township and surrounding properties.

(b) The entire refuge shall be surrounded by a fence of sufficient height by which to limit the movement of animals and prevent trespassing.

(c) The owner/operator of the game refuge must demonstrate to the Zoning Hearing Board that he/she has the training, experience, and knowledge necessary to safely conduct the operations of the refuge and handle the animals therein.

(d) The owner/operator shall also provide evidence that he/she has obtained all required federal, state, and local permits and licenses pertinent to the refuge and to the keeping of the animals therein.

(26) Golf courses and driving ranges. Golf courses (not including miniature golf courses) and driving ranges and their accessory uses shall comply with the following:

(a) Minimum lot areas:

[1] Golf course: 25 acres.

[2] Driving range: 15 acres

(b) No building shall be closer than 100 feet to any lot line.

(c) Adequate off-street parking shall be provided.

(d) The course shall not be designed to require a golf ball to be driven across any building, road, or parking lot.

(e) All lighting facilities for night play shall be designed and located so as to not produce a glare or direct illumination onto abutting properties.

(f) There shall be a minimum setback of 100 feet from the field of play to any adjacent residential structure.

(g) Any points where the golf course crosses a road shall be signed warning motorists and pedestrians.

(h) No outdoor storage of maintenance equipment or golf carts shall be permitted.

(27) Group care facility (including halfway homes).

(a) The minimum front, side, and rear yard setbacks shall be no less than 25 feet.

(b) Off-street parking shall be provided in accordance with Article XIX herein.

(28) Group day-care homes: see "family day-care homes."

(29) Home occupations. Where permitted, home occupations may be established subject to the following conditions:

(a) The home occupation shall be carried on completely within the dwelling unit. Attached structures, including but not limited to garages, outbuildings, sheds, carports and enclosed or unenclosed walkways; or detached accessory structures, shall not be used for the home occupation.

(b) No more than two home occupations shall be permitted per lot, or one home occupation where any farm-related occupation(s) or rural accessory business use(s) is also being undertaken.

(c) Not more than person other than the occupants of the dwelling unit shall be employed.

(d) Not more than 25% of the floor area of the principal dwelling unit shall be utilized for all home occupations. Additional space available in existing accessory structures may be utilized subject to approval in the applicable special exception approval.

(e) Articles sold or offered for sale shall be limited to those produced on the premises, sold as part of a home party sales operation, bed-and-breakfast establishment or for a licensed distributorship conducted by the resident.

(f) No more than one article offered for sale in accordance with Subsection A(29)(e) immediately above, shall be permitted to be displayed outside of the structure. Outdoor display shall be restricted to daylight hours and must be removed after dusk.

(g) No traffic level shall be generated by any home occupation in greater volumes than would normally be expected in a residential neighborhood.

(h) Deliveries from commercial suppliers may not be made more than once each week and the deliveries shall not restrict traffic circulation.

(i) There shall be no other exterior indications of the home occupation or variation of the residential character of the main building.

(j) The home occupation shall not cause any external effect associated with the home occupation, such as increased noise, excessive lighting, or offensive odor, which is incompatible with the characteristics of the residential district, or in violation of the provisions of any applicable code or ordinance.

(k) A home occupation shall, under no circumstances, be interpreted to include a commercial stable or a kennel.

(l) Off-street parking shall be provided in accordance with the provisions of Article XIX herein.

(30) Indoor recreational facilities.

(a) The facility, if accessory to a principal use, shall be located in a separate room, separate from other uses on the premises and from pedestrian circulation to and from such other uses.

(b) Readily visible signs shall be installed, with their location, size and text shown in plans submitted as part of the application for special exception, prohibiting the use of amusement devices by persons under 16 years of age during normal school hours, and, where the premises are used primarily for the serving or consumption of alcohol, prohibiting the use of such amusements by persons under 21 years of age at all times.

(c) Off-street parking shall be provided in accordance with Article XIX herein.

(31) Intensive agricultural facilities.

(a) All properties for such use shall have a minimum size of 10 acres.

(b) Any intensive agricultural facility shall comply with[9] all of the regulations and requirements of the Pennsylvania Nutrient Management Act, 3 P.S. § 450-114 et seq., as amended, and the regulations adopted pursuant thereto, 25 Pa. Code §§ 83.201 through 83.491, as may be amended (the "Nutrient Management Act"). An applicant for a special exception to utilize an intensive agricultural production facility shall provide the Zoning Hearing Board a copy of the completed nutrient management plan as required by the Nutrient Management Act at the time of his or her application. An applicant must provide the nutrient management plan of any farm or other facility upon which manure from the facility will be placed or utilized, in accordance with the Nutrient Management Act with his or her application.

[9] Editor's Note: At the Township's direction, a reference to the East Earl Township's Intensive Agricultural Use Ordinance (No. 129-2005) that appeared here was deleted, as such ordinance was superseded by the updated Zoning Ordinance.

(c) Animal confinement areas, poultry houses, horse stalls, free stall barns or bedded pack animal housing systems shall meet the setback regulations as may be applicable and may not be within 250 feet of any lot line or adjoining property that is not owned by the owner of the intensive agricultural production facility, or within 500 feet of any other zoning district.

(d) Manure storage facilities shall meet the setback requirements of the Nutrient Management Act. Earthen manure storage facilities are not permitted.

(e) The intensive agricultural production facility, which shall include any animal confinement area, poultry house, horse stall, free stall barn, or bedded pack animal housing system or other animal concentration area, and any area that is used for parking or storage of vehicles used in the treatment, transport or application of manure, shall be screened from existing adjacent residential lots that are less than 1,000 feet away from the intensive agricultural production facility in accordance with § 450-114 of this chapter.

(f) The applicant shall comply with Pennsylvania Domestic Animal Law[10] concerning the disposal of dead domestic animals.

[10] Editor's Note: See 3 Pa.C.S.A. § 2301 et seq.

(g) Any farm or other facility receiving manure or other waste from any intensive agricultural production facility may be required to provide a nutrient balance sheet to the Zoning Officer.

(h) No animal concentration area, animal confinement area or any poultry house, horse stall, free stall barn or bedded pack animal housing system may be located in any area defined as a floodplain by the governing East Earl Township Floodplain Ordinance.[11]

[11] Editor's Note: See Ch. 222, Floodplain Management.

(i) Agricultural nuisance disclaimer. The following disclaimer must be included in all recorded subdivision plans and the deeds for all lots created out of any real property that is or has been used as an intensive agricultural production facility, and shall be attached to all building permits for any structure created on these properties.

"Lands within the Agricultural District are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers and soil amendments. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1983, 'The Right to Farm Law,' may bar them from obtaining a legal judgment against such normal agricultural operations used in a prudent manner."

(j) Intensive agricultural production facilities must comply with, in addition to the Nutrient Management Act, all other applicable state and federal laws and regulations including, but not limited to, the Pennsylvania Clean Streams Law[12] and the Pennsylvania Solid Waste Management Act.[13]

[12] Editor's Note: See 35 P.S. § 691.1 et seq.

[13] Editor's Note: See 35 P.S. § 6018.101 et seq.

(k) Notwithstanding any provision to the contrary, no intensive agricultural production facility may be maintained or operated in such a way as to endanger the health or safety of the community.

(l) A fence shall be maintained around all areas in which animals are kept outside of buildings.

(32) Junkyards.

(a) The minimum lot area requirement shall be two acres.

(b) The outdoor junk storage area shall be completely enclosed by an eight-foot-high, sight-prohibitive fence which shall be set back at least 50 feet from all property lines.

(c) All buildings used to store junk shall be wholly enclosed and setback at least 50 feet from all property lines.

(d) No material shall be stored or stacked in a manner that it is visible from adjoining properties and roads.

(e) All additional federal and state laws shall be satisfied.

(f) The setback area between the fence and property line shall be kept free of weeds and all scrub growth.

(g) All junk shall be stored or arranged to permit access by firefighting equipment and to prevent the accumulation of water. Stormwater shall be drained in a manner which does not result in chemical residues being discharged from the site.

(h) No oil, grease, tires, gasoline, or other similar material shall be burned at any time.

(i) No garbage or organic waste shall be permitted to be stored in any junkyard.

(j) No junkyard shall be located on lands with an average slope of greater than 5%.

(k) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 20 feet in depth established along the perimeter lot line in accordance with applicable district regulations and § 450-114 herein.

(l) The applicant shall be subject to the performance standards established in § 450-111 of this Zoning Ordinance.

(33) Kennels (including commercial animal breeding operations).

(a) All kennels shall be licensed by the Commonwealth of Pennsylvania, as applicable, and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Part II, Chapter 21 entitled, "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended.

(b) All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot line.

(c) Outdoor runs may be provided if screening is provided in accordance with § 450-114 herein. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.

(d) All buildings with outdoor runs shall be set back at least 200 feet from all lot lines.

(e) Buildings shall be adequately soundproofed so that sound generated within the building cannot be perceived at the lot line.

(f) Buildings that are fully enclosed without outdoor runs shall be set back a minimum of 50 feet; buildings adjoining a nonfarm parcel shall be set back 200 feet from the property line.

(g) The Pennsylvania Department of Agriculture is responsible for inspecting kennels and licensing of kennels and the health and welfare of the animals.

(34) Lumber and coal yards, building material storage yards, contractor equipment and storage yards, and wholesale and retail sales for each as an accessory use.

(a) The use shall be located on and, if allowed by PennDOT, gain direct access from major collector, minor arterial, or principal arterial streets/roadways, as defined in the § 450-121 of this chapter or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

(b) The proposal shall conform to all applicable commercial and industrial performance standards listed in § 450-111 of the Zoning Ordinance.

(c) In addition to the above requirements, outdoor storage areas shall comply with § 450-117 herein.

(35) Manufactured home parks/subdivisions.

(a) A manufactured home park shall be developed and approved in accordance with regulations as set forth herein and other applicable Township regulations.

(b) Manufactured home lots shall be not less than 65 feet wide, measured at the minimum required setback line, nor less than 7,200 square feet in area, per manufactured home unit exclusive of streets and other public areas.

(c) The minimum building setback line from the cartway line of a private street shall be 20 feet.

(d) Detached accessory structures shall be located on the lot no closer than five feet from a manufactured home and shall comply with the required front, side and rear setback lines.

(e) Lots shall be served by both DEP-approved community or public water supply and sanitary sewerage collection systems.

(f) Not less than 10% of the total land area shall be provided for usable open space. Such space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents.

[1] Such open space shall be maintained with a durable vegetative cover that is capable of preventing soil erosion and the emanation of dust during dry weather.

[2] Sanitary sewer treatment facilities shall not be considered as open space.

(g) The minimum tract area for a manufactured home park shall be 10 acres.

(h) The minimum side yard shall be five feet, provided that no manufactured home shall be within 20 feet of any other manufactured home or building on an adjacent lot.

(i) The minimum rear yard shall be 15 feet.

(j) The total area of all impervious surfaces shall not exceed 60% of the gross area of the manufactured home park.

(k) Every manufactured home park shall have a structure designed and clearly identified as the office of the manufactured home park manager.

(l) A parking area for recreational vehicles, boats, and other resident-owned accessory vehicles shall be provided. The parking area shall be paved, fenced, and shall be adequately lighted. Occupants of each manufactured home park shall also be provided with at least 150 cubic feet of enclosed storage space which shall be provided in a common storage building located in the manufactured home park.

(m) Service and accessory buildings located in a manufactured home park shall be used only by the occupants of the park or their guests.

(n) A clear sight triangle of 75 feet measured from the point of the center line intersections shall be kept free of all obstructions except at the intersection of a manufactured home park road with a public road, where the clear sight triangle shall be 100 feet.

(o) There shall be a minimum grade of 0.75% and a maximum grade of 10% on all manufactured home park streets.

(p) Lighting shall be provided along all access drives and in front of each manufactured home unit where a pedestal-type or similar lighting fixture shall be provided. The location and type of lighting shall be indicated on the land development plan.

(q) Manufactured home spaces shall have access for ingress and egress only to private access drives and shall not exit onto public streets.

(r) Additional parking shall be provided for visitors and for overflow situations at a rate of four parking spaces for every 10 manufactured home units.

(s) All manufactured home parks shall provide pedestrian walks on both sides of the street which allow pedestrian access between individual homes, service and accessory buildings, and public rights-of-way.

(t) All pedestrian walks shall have a minimum width of four feet except where a walk will provide access only to a group of homes not exceeding four in number, where they need be no more than three feet in width.

(u) All pedestrian walks shall be constructed of hard-surfaced material and shall be maintained in their original condition at all times.

(v) All pedestrian walks not located along access drives shall be provided with lighting units so spaced, equipped, and installed that will allow safe movement of pedestrians at night.

(w) Screening, such as fences or natural growth, shall be provided along the property boundary line separating the manufactured home park from adjacent properties.

(x) One street tree, containing a minimum trunk caliper of two inches measured three feet above the finished grade, shall be planted on each manufactured home space.

(36) Motor freight and truck terminals.

(a) No terminal or part thereof shall be located within 200 feet of a floodplain or wetland, or within 300 feet of a residential use or district.

(b) The terminal shall be located on and, if allowed by PennDOT, gain direct access from major collector, minor arterial, or principal arterial streets/roadways, as set forth in § 450-121 of this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements. No direct point of access shall be provided from an arterial road. Point of access shall be designed in accordance with the applicable Subdivision and Land Development Ordinance.[14]

[14] Editor's Note: See Ch. 380, Subdivision and Land Development.

(c) Buffer yard/screen plantings shall be required in accordance with § 450-114 herein.

(d) All parking, loading, maneuvering and storage areas shall be paved and site drainage provided in accordance with design and improvement standards of the applicable Subdivision and Land Development Ordinance.[15]

[15] Editor's Note: See Ch. 380, Subdivision and Land Development.

(37) Nursing homes.

(a) The facility shall be constructed and operated in accordance with applicable commonwealth laws and regulations.

(b) The minimum front, side, and rear yard setbacks shall be no less than 25 feet.

(c) A buffer yard/screen planting shall be provided in accordance with § 450-114 herein.

(38) Open space neighborhood option. In subdivisions where 30% of the site (exclusive of perimeter road right-of-way) is reserved for privately maintained common open space, single-family detached dwellings may be developed with the following requirements:

(a) Minimum requirements for development under the open space neighborhood option: each open space neighborhood shall meet the following minimum requirements.

[1] The open space neighborhood tract shall not be less than 10 acres in area.

[2] The open space neighborhood tract shall be developed according to a single plan that depicts complete build-out of the open space neighborhood tract with common authority and responsibility. If more than one person has an interest in all or a portion of the open space neighborhood tract, all persons with interests in any portion of the open space neighborhood tract shall join as applicants and shall present an agreement in a form acceptable to the Township Solicitor, guaranteeing that the open space neighborhood tract as a whole shall be developed in accordance with the approval granted under this subsection as a single open space neighborhood with common authority and governing documents.

[3] All dwelling units and nonresidential structures shall be provided with public water and public sewer service.

[4] The open space neighborhood shall be provided with common open space in accordance with Subsection A(38)(e).

[5] No more than 50% of the open space neighborhood tract may be covered with impervious surface.

(b) Lot area.

[1] Single-family detached dwelling: minimum lot area: 6,000 square feet.

(c) Lot width. The minimum lot width shall be:

[1] Sixty feet at the minimum building setback line; and

[2] Fifty feet at the dedicated right-of-way.

(d) Setback regulations.

[1] Front yard: 20 feet measured from the right-of-way line. Additionally, a minimum driveway length of 24 feet from the sidewalk edge to the garage door (or building face) shall apply to driveways which provide access to the front of dwelling units from streets where sidewalks exist or are proposed and said driveway is being considered for off-street parking.

[2] Side yard: six feet, except when located adjacent to the overall tract boundary. In such case, the setback shall be 20 feet.

[3] Rear yard: 20 feet, except when located adjacent to the overall tract boundary. In such case, the setback shall be 40 feet.

(e) Open space requirements. A minimum of 30% of the open space neighborhood tract shall be devoted to common open space. Through the use of incentives offered in Subsection A(38)(f), the amount of common open space may be reduced. However, every open space neighborhood shall be designed to provide a minimum of 20% of the open space neighborhood tract as open space.

[1] Common open space shall be designed and arranged to achieve as many of the following objective as possible:

[a] Protection of important natural, historic and cultural resources.

[b] Preservation of scenic views from public roads and neighboring residential properties.

[c] Provisions of new and/or connection with existing trails, greenways, linear parks, or common open space on adjoining parcels.

[d] Provision of usable play or recreation areas, or equipment that are conveniently accessible to residents throughout the open space neighborhood.

[e] Provision of public space as the focal point of the open space neighborhood when coordinated with greens, squares, and public commons that are dispersed throughout the open space neighborhood.

[f] Interconnection of areas of proposed open space within the open space neighborhood with existing or planned open space or recreational facilities on lands adjoining the open space neighborhood tract.

[2] In all open space neighborhoods, regardless of the total amount of common open space provided and regardless of the design incentives utilized, the applicant shall provide common open space in the amount of at least 20% of the area of the open space neighborhood tract. No less than 50% of the required common open space shall meet all of the criteria set forth in Subsection A(38)(e)[2][a] through [d], below.

[a] The land shall be usable in that it is sloped no more than 8%.

[b] The land shall not contain stormwater management facilities.

[c] The land shall not contain floodplains, wetlands, steep slopes (greater than 8%) or other natural features that would render the land unbuildable under applicable ordinances and regulations.

[d] The configuration of land shall be regular in shape. Strips of land less that 25 feet in width running around the perimeter of the open space neighborhood or separating proposed lots within the open space neighborhood shall not be counted as common open space to meet the required minimum unless such land is improved with walking trails, fitness stations, or other improvements acceptable to the Board of Supervisors. In no case will a strip of land less than 20 feet wide count toward the required common open space.

[3] At least 10% of the required common open space located within the open space neighborhood shall not exceed slope of 3%.

[4] All common open space shall be left in a natural vegetated state or landscaped or otherwise improved in accordance with approved plans prior to 50% of the dwelling units within the development being occupied.

(f) Common open space design incentives. Designs that incorporate one or more of the following elements shall qualify for reductions in the percentage of common open space required:

[1] Provision for the installation of trails, trail surfacing and benches. There will be a 2% reduction for each length of trail equal to 1/2 of the total rear lot width of all of the lots backing onto the common open space. Trails must also include the installation of a bench for every 1,000 feet of trail length. The total reduction of common open space for this provision shall not exceed 4%.

[2] Provisions for the installation of tot lots and or playground areas. There will be a 1% reduction for one tot lot per 100 homes. The total reduction of common open space for this provision shall not exceed 2%.

[3] Provisions for the installation of exercise or fitness stations. There will be a 1% reduction for the installation of a minimum of six exercise stations. The total reduction of common open space for this provision shall not exceed 1%.

[4] Provisions for the installation of site amenities such as gazebos, pavilions, picnic areas, etc.: There will be a 1% reduction for each amenity. The total reduction of common open space for this provision shall not exceed 2%.

[5] Provisions for the installation of additional landscaping within the common space areas. There will be a 2% reduction for providing additional trees, over and above that which is required by this chapter, equal in number to the number of dwelling units within the development. The placement of additional landscaping shall be indicated on a plan that is reviewed and approved by the Board of Supervisors. The Board of Supervisors may require placement of the additional landscaping in areas that will not hinder the use of open space areas for active recreational purposes (i.e., ball fields). The reduction of common open space for this provision shall not exceed 2%.

(39) Outdoor recreation facilities. All outdoor recreation facilities shall comply with the following provisions:

(a) All vehicles and animals which are a part of the use or service being provided shall not be parked or otherwise left idle within the front yard.

(b) The minimum lot area shall be two acres for any use which involves horses or any other form of livestock.

(c) Adequate shelter shall be provided on the premises for all horses and any other form of livestock.

(d) Any applicant proposing the use of livestock shall be required to prepare and implement a plan for the disposal of animal waste.

(e) The required number of parking spaces shall be determined based upon a combination of the activities being proposed and the parking requirements of this chapter.

(f) Those uses involving extensive outdoor activities shall provide sufficient screening and/or buffer plantings to mitigate visual and/or audible impacts ion adjoining properties.

(g) The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to the hours of operation, noise, litter, dust, and pollution.

(40) Outside storage and display when accessory to a permitted use.

(a) Outside storage or display shall not occupy any part of the street right-of-way and no other area intended or designed for pedestrian use, required parking areas, nor required front yard.

(b) Outside storage areas, excluding display areas, shall be screened from view from public streets pursuant to § 450-114, unless the applicant persuades the Zoning Hearing Board or Zoning Officer, as the case may be, that a different method of screening will achieve equal or better results under governing conditions.

(c) Roadside produce stands and nurseries shall be exempted from outside storage limitations.

(41) Personal care boarding home.

(a) The facility shall be constructed, licensed and operated in accordance with applicable commonwealth laws and regulations. A copy of the commonwealth license shall be submitted to the Township prior to the Township's issuance of a use and occupancy permit.

(b) No more than two persons at a time shall reside in any room designated for overnight visits.

(c) The minimum front, side and rear yard setbacks shall be not less than 25 feet.

(d) A buffer yard of no less than 10 feet in width shall be established along rear and side yards abutting residential uses.

(e) Off-street parking shall be provided in accordance with Article XIX herein.

(42) Public and private campgrounds and facilities, including remote and outback camping not located in specifically designated campsites.

(a) The minimum lot area for a campground shall be 10 acres.

(b) All campsites shall have a setback of 50 feet from any side or rear property line and a minimum of 100 feet from any street right-of-way line. Remote and outback camping not located in specifically designated campsites shall not occur within 100 feet from and property line and street right-of-way line.

(c) The maximum number of campsites within each campground shall not exceed 12 per acre, provided that a minimum of 3,000 square feet is reserved for each site.

(d) A minimum of one automobile parking space shall be provided for each site, and such parking space shall not interfere with the vehicular movement along the internal access drives of the campground. Equivalent parking may be provided by a common parking compound. On-drive parallel parking shall not be permitted.

(e) The internal access drive system shall have a minimum cartway width of 10 feet for each driving lane and shall be improved with any hard surface material acceptable to the Zoning Hearing Board. The Zoning Hearing Board may require additional cartway improvements for campgrounds proposing more than 50 sites when, in the judgment of the Zoning Hearing Board, such improvements are beneficial to the vehicular circulation and safety of the campground.

(f) All playground and recreation areas shall be at least 100 feet from adjoining residential properties with the usage of these areas being limited to registered campers and their guests.

(g) All campgrounds shall furnish centralized sanitary and garbage collection systems which shall be located at least 100 feet from adjoining residential properties and be appropriately screened.

(h) Any accessory commercial and/or service facilities shall be located at least 100 feet from adjoining residential properties and shall be limited to serve only the needs of the registered campers and their guests. Direct access to these facilities from the public street is prohibited. Appropriate screening shall be provided for these facilities when they adjoin adjacent residential properties.

(i) Campground identification signs shall not exceed 32 square feet in area and shall be at least 10 feet from any street right-of-way line and 25 feet from any adjacent property lines.

(j) Active or passive recreation areas shall comprise at least 20% of the gross area of the campground.

(k) All sanitary sewer and water supply facilities shall be subject to the approval of the appropriate authorities.

(l) All lighting facilities shall be designed and located so as to not produce a glare or direct illumination onto abutting properties.

(43) Public and private schools.

(a) A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines and shall be placed in accordance with § 450-114 herein.

(b) Off-street parking shall be provided in accordance with the provisions of Article XIX herein.

(c) All height, area, setback, and coverage standards within the applicable zoning district shall apply.

(d) All off-street parking facilities shall be set back 25 feet and screened from adjoining property lines.

(e) All structures shall be set back at least 100 feet from any adjoining land within a residential zone.

(f) Recreational areas shall be provided for all educational facilities below the college level at a scale of 100 square feet per individual enrolled. Off-street parking areas shall not be utilized as recreational areas, and such recreation areas shall not be located within the front yard and must be set back at least 25 feet from all property lines. Outdoor recreation areas shall be screened from adjoining residentially zoned properties by means of fences, plantings, or decorative enclosures sufficient to screen activities from adjacent lots. Fencing shall be provided at all locations where public safety is at issue. Any vegetative materials located within the recreation area shall be non-harmful (i.e., thorny, poisonous, allergenic, etc.). All outdoor recreation areas shall provide a means of shade either by the planting of shade trees or the construction of pavilions. Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven-day time period.

(g) Passenger dropoff and pickup areas shall be provided and designed so that there is no cross-traffic pedestrian circulation.

(44) Public utility facilities. Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:

(a) Front yards shall be provided in accordance with the regulations of the district in which the facility is located. Side yards shall be a minimum of 10 feet.

(b) Height restrictions shall be as required by the district regulations.

(c) Unhoused equipment shall be enclosed within a chain link fence six feet in height topped with barbed wire.

(d) When equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the district in which the facility is located.

(e) If adjacent to a residential district, screen plantings shall be required within side and rear yards in accordance with § 450-114 herein.

(f) The external design of the building shall be in character with existing buildings in the respective district.

(45) Retail sale of nursery and garden materials.

(a) All access drives, parking areas, and loading zones shall conform to the requirements of Article XIX of the Zoning Ordinance.

(b) The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale, or repair of motorized nursery or garden equipment shall not be permitted.

(c) All outdoor display areas shall be set back at least 25 feet from the street right-of-way line.

(d) All structures and parking and loading facilities shall be screened from residentially zoned properties.

(e) Commercial greenhouses and nurseries may be established as a part of this use, subject to the following:[16]

[1] A minimum lot area of 20,000 square feet shall be provided in addition to the lot area required for other uses located on the same property. However, in no case shall the lot be less than the minimum lot area permitted in the district in which it is located and in no case shall the yards be less than the minimum yard requirements permitted in the district in which it is located.

[2] A buffer yard/screen planting shall be provided in accordance with § 450-114 herein.

[3] Greenhouse heating plants as or within an accessory structure shall not be located within the required front yard.

[4] A greenhouse operated for noncommercial purposes shall be considered as an accessory structure and shall comply with Article XX herein.

[16] Editor's Note: At the Township's direction, duplicative wording that immediately followed this lead-in was deleted.

(46) Riding school or horse boarding stable.

(a) The maximum animal density for any riding school or horse boarding stable shall be two animals per acre.

(b) Any structure used for the boarding of horses shall be set back at least 200 feet from all dwellings on adjoining properties.

(c) All stables shall be maintained in a manner which minimizes odors perceptible at the property line.

(d) All outdoor training, show, riding, and boarding areas shall be enclosed by a minimum four-foot-high fence which is located at least 25 feet from all property lines.

(e) All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.

(47) Rural accessory business uses.

(a) The following rural accessory business uses shall be permitted only by special exception, with the exception of those listed under farm-related occupations in the Agricultural District, in which case shall be permitted by right and in accordance with Subsection A(47)(a)[3] below.

[1] Production of goods for resale at retail or wholesale, excluding the manufacture of tobacco products, chemicals, papers, petroleum or coal products, and primary metal.

[2] Repair services, including but not limited to farm machinery service and repair, shoe repair shops, welding shops, carpenter shops, plumbing shops, electrical shops and appliance repair shops.

[3] Accessory retail and wholesale sales. Retail and wholesale sales of accessory goods relating to the permitted farm-related occupation or rural accessory business use shall be limited to no more that 25% of the total building floor area devoted to business activities excluding storage.

[4] Accessory storage and warehousing of goods produced by the rural accessory business use shall be subject to the provisions below:

[a] All storage and warehousing of goods shall be within enclosed buildings or when not in a building shall be screened from view at the property line or from the roadway in accordance with § 450-117 herein.

[b] The reuse of vacant building on the farmstead or non-farm lot shall be given first priority. The applicant shall provide evidence that the use of existing vacant buildings is not feasible for accessory storage or warehousing use before the accessory use shall be permitted in new building or screened areas.

[c] Additional inside storage and warehousing shall be permitted in the amount of 50% of the area devoted to the business may be used for storage by special exception. The maximum storage area shall be 2,000 square feet.

[d] Outside storage shall be in accordance with the § 450-117 herein. Outside storage shall not exceed the permitted impervious coverage or 10,000 square feet, whichever is less.

(b) Not more than two rural accessory business uses, farm-related occupations or nonconforming uses per lot shall be permitted. The total number of employees and square footage limitations herein applies to the total for all businesses on the parcel, not to each business.

(c) The rural accessory business use shall meet the following standards and conditions. All properties containing a rural accessory business shall comply with the following:

[1] The owner of the rural accessory business shall be a full-time resident of the dwelling on the property.

[2] No more than two full-time or full-time equivalent employees not residing on the subject property, or not family members of residents of the property, shall be employed in each rural accessory business use, farm-related occupation, and nonconforming use on the lot.

[3] The rural accessory business use shall be located within the designated farmstead area of the farm parcel or within the rural non-farm lot.

[4] The rural accessory business use shall be conducted entirely within the dwelling and/or accessory building on the same lot as the dwelling.

[5] The total floor area of all rural accessory business uses, farm-related occupations, and nonconforming uses on the parcel shall not exceed 4,000 square feet, except that where permissible under applicable area and bulk regulations, additional floor area may be utilized subject to Subsection A(47)(a)[4][c].

[6] Rural accessory business uses shall not be located on a lot that is less than two acres in size.

[7] Rural accessory business uses shall be set back 50 feet from all front, side, and rear property and/or right-of-way lines. Structures shall not be permitted in the front yard unless the applicant provides evidence that it is not possible for the structure to be constructed in the side or rear yards.

[8] The building facade, whether new or existing, shall give no outward appearance of being utilized for purposes other than a dwelling or accessory farm building.

(d) Rural accessory business use signs shall be in accordance with Article XVIII, Signs, herein.

(e) To prevent on-street parking, the owner responsible for the rural accessory business use shall provide off-street parking in accordance with Article XIX.

(f) Off-street loading facilities shall be in accordance with Article XIX. Deliveries shall not restrict traffic circulation.

(g) The length of any on-site access drive(s) shall be sufficient to allow the stacking of delivery and/or customer vehicles. Furthermore, any use that potentially involves the movement of vehicles through mud and/or manure shall provide a paved apron of at least 50 feet from the street right-of-way. In addition, another fifty-foot gravel section shall be located just beyond the paved apron.

(h) Rural accessory business uses shall meet the performance standards in accordance with § 450-111.

(i) If the structure which houses the proposed rural accessory business use abuts a property line of a non-farm residential lot, buffer yards and screening shall be provided in accordance with § 450-114.

(j) Spacing between new and existing structures within the farmstead or non-farm lot shall be in accordance with the below requirements:

[1] When front to front, rear to rear, or front to rear, parallel structures shall have 50 feet between faces for one story in height, plus five feet for each additional story. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distances at the other end. Where service drives or bank-grade changes or collector walks are introduced in this space, the distance between structures shall be at least 50 feet.

[2] End to end, a distance of 25 feet between structures for a one-story structure plus five feet additional for each story in excess of one.

[3] End to front, or end to rear, a distance of 30 feet between structures for each one-story structure plus five feet additional for each story in excess of one.

[4] When adjacent structures differ in the number of stories, the required distance between structures shall be calculated on the taller of the structures.

(k) The proposed use shall comply with the following Township environmental requirements:

[1] An approved Pennsylvania Department of Environmental Protection (PADEP) sewage facilities planning module and/or permit, as required, for on-lot sewage disposal for the expansion of an existing or development of a new on-lot system shall be provided by the owner.

[2] The proposed activity and/or required building and site improvements shall conform with Chapter 358, Stormwater Management.

[3] No new construction or site improvements shall be permitted on soils on the property classified as having severe limitations on building site development as defined in the United States Department of Agriculture (USDA) Soil Survey of Lancaster County, most recent edition.

[4] No new construction or site improvements shall be located within areas of slope greater than 25%.

[5] No new construction shall be located within 100 feet of surface waters (pond, stream, etc.).

[6] No new construction shall be located within an area of wetlands.

[7] Uses that will use more water than a single-family housing unit in areas with limited groundwater quantity supplies (as identified and mapped by the County) shall not be approved until aquifer testing has been completed in accordance and compliance with Chapter 380, Subdivision and Land Development.

(48) Sawmill.

(a) A minimum lot area of five acres shall be required.

(b) All power saws and machinery shall be secured against tampering and locked when not in use.

(c) All machinery shall be located at least 200 feet from any adjacent property line with the exception that a minimum five-hundred-foot setback shall be required in locations where the property line abuts a non-farm parcel or a public road.

(d) All materials temporarily or permanently stored on the property shall be in accordance with § 450-117 herein.

(49) Self-service storage facilities, including adaptive reuse of agricultural buildings.

(a) One off-street parking space shall be provided for each 25 storage units, plus one space per 250 square feet of office space.

(b) Parking shall also be provided along the driving lanes adjacent to the building(s). These lanes shall be at least 26 feet wide when storage units open onto one side of the lane only, and at least 30 feet wide when storage units open onto both sides of the lane.

(c) Additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residential and/or residentially zoned property and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, inoperative or unlicensed/unregistered vehicles.

(d) All storage shall be kept within an enclosed building, except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuels shall only be stored in an external storage area as described above.

(e) The repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.

(f) The applicant shall demonstrate how any door openings for any self-service unit facing any residential and/or residentially zoned property shall not have an adverse effect upon that property.

(g) Self-service storage facilities shall not be used for any of the following:

[1] Auctions, commercial wholesale or retail sales or garage sales.

[2] The servicing, repair or fabrication of motor vehicles boats, trailers, lawn mowers, appliances or other similar equipment.

[3] The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

[4] The establishment of a transfer and storage business.

[5] Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

[6] Storage of perishable items, animals or animal products, chemicals, any hazardous substances and the like; rather, such facilities shall be only for so-called "dead" storage.

(h) The applicant shall adequately demonstrate that all self-service storage rental and/or use contracts specifically prohibit these uses.

(i) A proposal to utilize an agricultural building for such use shall also conform with the following:

[1] The original function and purpose of the building shall have been used for agricultural purposes.

[2] The applicant shall demonstrate to the satisfaction of the Board that the existing building intended for the storage units is not suitable as an agricultural building. New buildings or additions to existing buildings shall not be permitted.

[3] The building facade shall give no outward appearance of being utilized for purposes other than a dwelling or accessory farm building.

[4] The conversion of the agricultural building for such use shall conform to all applicable building code requirements.

(50) Shopping centers and retail stores in excess of 10,000 square feet of gross floor area.

(a) General requirements. Shopping centers and single retail stores in excess of 10,000 square feet of gross floor area are authorized as uses by conditional use approval in the Commercial Neighborhood (CN) or Commercial General (CG), subject to the following criteria. These uses present community-wide or regional impacts and must be carefully evaluated to insure that transportation systems, utilities and other public services are available to serve the proposed use. Design of such facilities must insure safe and convenient access and must minimize impact upon surrounding uses. Such facilities shall comply with the following requirements.

(b) Permitted principal and accessory uses.

[1] Stores for retail sale of goods otherwise permitted within the Commercial Neighborhood Zone (CN) or General Commercial Zone (GC).

[2] Stores for the performance of customary personal services otherwise permitted within the Commercial Neighborhood or Commercial General.

[3] Business, professional or banking offices.

[4] Restaurant, cafes or similar places serving food and/or beverages as otherwise permitted within the Commercial Neighborhood Zone.

[5] Parking areas for motor vehicles, including vehicles of customers and park-and-ride facilities for persons using public transportation but excluding the storage or sale of new and/or used vehicles.

[6] Customary accessory uses associated with permitted principal uses, provided that such uses are clearly incidental, and further provided that they shall be limited to the same lot upon which the principal use is conducted.

[7] Drive-through establishments may be allowed, provided they are integrated into the overall shopping center design.

[8] Prohibited principal and accessory uses.

[a] Any residential use.

[b] Any industrial use.

[9] Area and bulk regulations.

[a] Minimum lot size: three acres.

[b] Minimum lot width: 200 feet.

[c] Maximum lot coverage: 65%.

[d] Maximum building height: two stories not to exceed 35 feet.

[e] Minimum front yard: 200 feet.

[f] Minimum side yard: 100 feet.

[g] Minimum rear yard: 100 feet.

(c) A minimum of 5.5 off-street parking spaces shall be provided for each 1,000 square feet of gross leasable floor area in a shopping center and for each 1,000 square feet of gross floor area in a store containing 50,000 or greater square feet of gross floor area. Off-street parking spaces shall not be located closer than 80 feet to any property line or street right-of-way line abutting land within a residential or mixed use zone.

(d) Screening and landscaping of parking compounds shall comply with all requirements of Chapter 380, Subdivision and Land Development.

(e) Standard straight curbs and pedestrian walkways shall be installed surrounding the perimeter of the parking areas and within all public rights-of-way abutting the parking areas according to the specifications of curbs and walkways in Chapter 380, Subdivision and Land Development.

(f) A landscape buffer yard shall be provided along all side and rear property lines (except for necessary access drives) which shall be at least 80 feet in depth and along all street lines (except for necessary access drives), which shall be at least 50 feet in depth. The buffer yard shall be planted in ground cover; trees and shrubs and shall contain a landscape screen. The landscape screen shall consist of one row, staggered, of mixed evergreen and deciduous trees, which shall be at least eight feet in height when planted and shall be spaced not more than 10 feet apart on center and two rows, staggered, or mixed broad-leaf and needle evergreen shrubs, which shall be at least three feet in height when planted and shall be spaced not more than five feet apart on center. The trees shall be of such species so as to attain a height at maturity of not less than 20 feet. The shrubs shall be of such species as to provide continuous screening from the ground to a height of six feet at maturity. Deciduous plant materials shall comprise no more than 30% of the number of plants in the buffer. Trees shall be planted so that at maturity they shall not be closer than 10 feet to any property line. Drainage swales or easements shall not be placed in the buffers or screens shall be placed further toward the interior of the lot to accomplish the intent of this section.

(g) All buffer areas and landscape screens shall be maintained and kept free of all structures, rubbish, and debris. Required plant material located in these areas which become diseased or dies shall be replaced by the property owner in order to maintain the requirements of this section.

(h) Traffic control and access requirements.

[1] At least two separate points of ingress and egress shall be provided.

[2] The subject property shall be located on and, if allowed by PennDOT, gain direct access from major collector, minor arterial, or principal arterial streets/roadways, as defined in § 450-121 of this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements. All access drives shall be located at least 200 feet from the intersection of any street right-of-way lines.

[3] The applicant shall prepare and submit a traffic impact study.

[4] The applicant shall demonstrate that the road network included in the Traffic Impact Study Area (TISA) providing access to the site can accommodate the volume of traffic reasonably expected to be generated by the proposed use in a safe and convenient manner or that applicant will make all improvements necessary to the road network to provide for safe and convenient access to the site.

[5] The applicant shall demonstrate that the horizontal and vertical alignments and grades of the existing road network included within the TISA and the proposed streets or accessways to the site permit safe and convenient access to the site or that the applicant will make all modifications to the horizontal or vertical alignment or grade to eliminate any unsafe condition.

[6] The applicant shall demonstrate that the proposed use will not create unusual traffic patterns or movements which will jeopardize the traveling public.

[a] Stacking and/or turn lanes of sufficient length shall be provided on the site or shall be added to existing streets providing access to the site to insure that there shall be no blockage of through traffic. The design and length of the stacking lanes shall be justified and supported by the computer queuing analyses required as part of the traffic impact study.

[b] Accessways to and within the site shall be located in a manner that blockage of through traffic by vehicles attempting to enter or exit an accessway will not occur.

[c] Acceleration, deceleration and turning lanes shall be of sufficient lengths to accomplish their intended purpose.

[d] The applicant shall demonstrate using standards and models accepted by the Institute of Transportation Engineers or PennDOT that all of these criteria are satisfied and that no such unusual traffic patterns or movements will result.

[7] The applicant shall demonstrate that the proposed use will maintain current levels or service if they are C or D, not allow levels of service to deteriorate to worse than C if they are currently A or B, and improve levels of service to D if they are currently E or F on the streets abutting the site or at any of the intersections.

[8] The applicant shall demonstrate that the proposed streets or accessways to the site are designed and located in a manner that will provide the least detrimental impact with regard to traffic capacity, level of service and safety upon abutting roads. The applicant shall install all traffic control devices necessary to mitigate detrimental impact.

[9] The applicant shall make all improvements necessary to maintain the level of service set forth above and to eliminate any unsafe conditions on all abutting intersections and streets within the TISA and shall make all improvements required by Chapter 380, Subdivision and Land Development, any other applicable Township ordinance, and all applicable PennDOT regulations. Such improvements shall, at a minimum, provide an estimated delay which shall be no worse than the delay for the horizon year without the proposed development.

[10] If reduction of the speed limit, installation of traffic control devices, limitation of parking or turning movements or similar measures are required to mitigate traffic impacts upon Township or state highways, the applicant shall present traffic studies performed in accordance with PennDOT regulations and Publication No. 201, Engineering and Traffic Study Regulations. The erection or the installation of such traffic control devices shall be in accordance with Title 67, Chapter 211, Official Traffic Control Devices, of PennDOT regulations. If the enactment of an ordinance is necessary to effectuate the traffic regulations or the installation of the traffic control device, the applicant shall reimburse the Township for all expenses in the preparation and enactment of the necessary ordinance.

[11] If any traffic signals are to be installed, the distance between any new and/or existing traffic signals shall be at least 1,000 feet.

[12] The applicant shall demonstrate that access to neighboring properties shall not be made unsafe or inconvenient or shall propose improvements, acceptable to the affected property owners, to insure that access to all neighboring properties shall be maintained at a level of convenience and safety which is at least equal to that without the proposed use or development.

[13] Areas provided for loading or unloading of trucks and/or other vehicles or for servicing of stores or for trash or recyclables collection or other services shall be adequate in size and shall be so arranged that they may be used without blocking or interfering with internal circulation.

(i) The store or shopping center shall be connected to and use public water and public sewer. The applicant shall present evidence that sewer and water capacity have been obtained or reserved from the applicable provider.

(j) Signage.

[1] A shopping center shall be permitted to erect one planned center sign along each of the center's frontages. At least 50% of the total sign area shall not exceed one square foot for each four feet of street frontage. In no case shall a planned center sign for a shopping center exceed a maximum size of 100 square feet nor an overall height of 20 feet. Individual uses within the shopping center may have signs; however, such signs shall be flat wall signs, wall projecting signs, or roof signs as described in §§ 450-127 and 450-132 of this chapter.

[2] Single stores in excess of 50,000 square feet of gross floor area shall be permitted to install signs as provided in Article XVIII of this chapter.

(k) Lighting facilities for buildings, signs, access ways, and parking areas shall be provided and arranged in a manner which shall protect the highway and neighboring properties from glare or hazardous interference of any kind.

(l) Establishments furnishing shopping carts or mobile baskets shall provide a definite area or areas on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts. If such spaces are located within the parking areas, they shall not be counted toward the required minimum off-street parking.

(m) The applicant shall submit stormwater management calculations and plans to demonstrate compliance with all applicable laws and regulations governing stormwater management.

(n) If there is a change of tenant within a shopping center and no footprint change, an applicant need not obtain a special exception under this section; rather, such an applicant shall comply with requirements otherwise applicable in the underlying zoning district.

(51) Solid waste disposal facilities.

(a) The solid waste disposal facility must be owned and operated by East Earl Township or an authority created by East Earl Township.

(b) Not more than one active solid waste disposal facility shall be permitted within the Township at any one time.

(c) The minimum lot area shall be 50 acres. Additionally, no facility shall be permitted to be located within the Flood Hazard Overlay, and no facility shall be permitted to be located on Class I or Class II agricultural soils or within an area designated as an essential watershed by the Township, or by any other municipal, state, or federal agency.

(d) The maximum permitted height of any portion of the solid waste disposal operation, including any associated processing of solid waste, shall not exceed 35 feet above the ground level as it existed before development of the facility.

(e) All solid waste processing operations within any solid waste disposal facility shall be conducted within a wholly enclosed building.

(f) The minimum setback for all solid waste disposal areas shall be 500 feet from all property lines and zoning lines, or 1,500 feet from any existing dwelling unit not served by public water, whichever is greater. No building or structure shall be located within 200 feet of any property line and 500 feet of any land within a residential zone.

(g) Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. The use of an earthen berm is recommended whenever possible. In addition, such areas must also be completely enclosed by an eight-foot-high security fence, with no openings greater than two inches in any direction. Said fence shall be set back a minimum of 100 feet from all property lines and from all waste disposal areas. The security fence shall be visually hidden from view along its entire length by a planting screen of the kind and type meeting the requirements of § 450-114 pertaining to buffer yards.

(h) The applicant must demonstrate compliance through a written statement and continue to comply with all applicable state and federal standards and regulations.

(i) The developer of the proposed facility shall submit a traffic study, prepared by a registered professional engineer experienced in traffic engineering, for approval by the Township. Said study shall indicate the effect the facility and all vehicular traffic generated by the facility will have on the street system within the Township and shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Where either the traffic study or the Comprehensive Plan of the Township indicates that a street, bridge, underpass or other street facility is deficient in any manner to adequately provide for the intended traffic, it shall be the responsibility of the developer to provide for the upgrading of such street, bridge, underpass, or other street facility as is necessary to alleviate the deficiency.

(j) The facility shall be provided with access drives which shall originate from a public street and shall provide vehicular access to all unloading areas, treatment facilities, and on-site lagoon areas. Sufficiently long stacking lanes into the facility shall be provided so that vehicles waiting to be weighed will not back up onto public roads. Improvements to the existing roads shall be provided by the applicant to insure safe turning movements to and from the site and safe through movements on the existing road. Additionally, all access drives shall meet the following design standards:

[1] The drive shall have 10 inches of 3A modified aggregate base course, two inches of ID-2 binder course, and 1 1/2 inches of ID-2 wearing course. All materials, equipment, and construction methods shall conform to PennDOT Form 408, as amended.

[2] Access drives shall have a minimum width of 24 feet unless the drives are designed for one-way traffic only, in which case, the access drive shall have a minimum width of 12 feet.

[3] Access drives shall have a maximum gradient of 10% and a minimum gradient of 0.75%.

(k) Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates, or other means to prohibit access to the area at unauthorized times or locations.

(l) Hazardous waste as identified by the Pennsylvania Department of Environmental Protection shall not be disposed of within the subject property.

(m) The size of the working face of the facility shall be confined to an area no greater than can be easily compacted and covered daily with available equipment. The working face shall be completely compacted and covered prior to the ending of daily operations on each day.

(n) The final soil cover shall be revegetated as soon as weather permits and seasonal conditions are suitable for establishment of the type of vegetation to be used. All disturbed areas within the facility shall be revegetated to the satisfaction of the Township. Revegetation procedures as published in the current "Agronomy Guide" of the College of Agriculture, Pennsylvania State University, may be utilized.

(o) The final contours and landforms of the facility shall be similar to and compatible with the contours and landforms of adjacent land areas.

(p) The application for a special exception shall be accompanied by a working plan to prevent the scattering of debris and litter as well as the cleanup of the same. This plan shall indicate that portable litter control fences be located in the immediate operating area, approximately 50 feet to 75 feet downwind from the working face of the facility. The portable fencing shall be constructed of wire mesh, snow fencing, or other suitable material for the control of blowing litter. Excessive winds or the nature of the solid waste may require additional litter control measures which shall be provided to the satisfaction of the Township. The entire facility shall be adequately policed and litter shall be collected routinely at no greater than weekly intervals from all fences, access drives, and planting screens. Litter shall not be permitted to be blown or otherwise deposited outside the property lines of the sanitary landfill.

(q) The facility shall employ qualified facility operators responsible for supervising all unloading, processing, transfer, and deposition activities of solid waste.

(r) Leak- and vector-proof containers shall be provided for the storage of any waste that cannot be used in any disposal process or material that is to be recycled. Such containers shall be designed to prevent their being carried by wind and/or water and shall be stored within a wholly enclosed building.

(s) No more solid waste shall be stored on the property than what is necessary to keep the facility in constant operation; but in no circumstance shall such waste be stored for greater than 72 hours. The storage of solid waste as a result of a recycling facility administered in conjunction with a landfill operation shall be conducted in accordance with the provisions of Subsection A(52) of this section.

(t) A contingency plan for the disposal of solid waste shall be submitted to the Township in the event of a facility shutdown.

(u) Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection regulations.

(v) All structures shall be set back at least a distance equal to their height.

(w) Except for minor water uses such as for office and administrative activities, the applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed. In addition, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer. A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the municipality. A water feasibility study shall include the following information:

[1] Calculations of the projected water needs.

[2] A geologic map of the area with a radius of at least one mile from the site.

[3] The location of all existing and proposed wells within 1,000 feet of the site with a notation of the capacity of all high yield wells.

[4] The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.

[5] The location of all streams within 1,000 feet of the site and all known point sources of pollution.

[6] Based on the geologic formation(s) underlying the site, a determination of the long-term safe yield.

[7] A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.

[8] A statement of the qualifications and the signature(s) of the person(s) preparing the study.

(x) A minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.

(52) Solid waste processing/transfer facilities/recycling facilities.

(a) All facilities shall be operated and licensed in accordance with Pennsylvania Department of Environmental Protection rules and regulations.

(b) All operations shall be screened from all rights-of-way and adjoining properties by a buffer yard and screen planting of no less than 10 feet in depth, established along lot lines in accordance with § 450-114 herein.

(c) The site shall be maintained free of litter and other undesirable materials and cleaned of loose debris daily.

(d) Outside storage of materials shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Outside storage, excluding truck trailers, shall not be visible above the height of the screen planting.

(e) Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.

(f) Off-street loading spaces or berths shall be provided on site for three vehicles or the anticipated peak customer load, whichever is greater, to circulate and to deposit recyclable materials. All loading spaces and berths shall be designed in accordance with Article XIX herein.

(g) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be permitted in accordance with the performance standards of § 450-111 and other applicable standards established herein.

(h) Containers provided for after-hours donation of recyclable materials shall be located at least 50 feet from any property zoned, occupied or planned for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; be secure from unauthorized entry or removal of materials; and be clearly marked to identify the type of materials that may be deposited within them.

(53) Vacation rental houses.

(a) All vacation rental house uses shall be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.

(b) Permit required. Where a vacation rental house use is allowed by permitted use, the property owner shall file an application with the Zoning Officer that shall contain the address of the house, phone number of the owner, and the following information. Where a vacation rental house use is allowed by special exception, the property owner shall file an application to the Zoning Hearing Board that contains, at a minimum, the same information and the following information:

[1] Number of bedrooms.

[2] Maximum number of occupants, with young children excluded.

[3] Plan for controlling noise, smoke, odor and trash.

[4] Water and sewer facilities.

[5] Sign plan conforming to sign regulations.

[6] Off-street parking plan.

(c) The maximum duration of stay of any one renter shall be 30 days.

(d) The owner shall notify the Township in writing that the use is discontinued.

(e) Any additions, structural changes or renovations will require bringing the structure into compliance with UCC and ADA regulations.

(f) The property owner shall be the primary enforcer of these regulations.

(g) A first violation or complaint will result in a notice from the Zoning Officer. Further violations and/or complaints may cause the permit to be revoked.

(54) Vehicular body shops, painting, tire retreading or recapping and welding shops.

(a) All repair and paint work shall be performed within a structure.

(b) Buffer yard/screen plantings shall be provided in accordance with § 450-114 herein.

(c) No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded as part of the operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.

(d) All exterior vehicle and material storage areas shall be screened from adjoining residential and residentially zoned property.

(e) The storage of unlicensed vehicles on the property is prohibited.

(f) All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residential property or residentially zoned property.

(g) All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven days shall be removed.

(h) The demolition or storage of unlicensed or junked vehicles and any salvage activities are prohibited.

(55) Vehicular garages, vehicular sales/vehicular service establishments and other drive-through uses.

(a) Vehicular garages shall be located on and, if allowed by PennDOT, gain direct access from major collector, minor arterial, or principal arterial streets/roadways, as defined § 450-121 of this chapter, or a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.

(b) The vehicular garage use shall not include a convenience store.

(c) All repair work shall be performed within a structure.

(d) No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly enclosed dumpster equipment.

(e) All exterior vehicle storage areas shall be screened from adjoining residential and residentially zoned property.

(f) Stored and/or repaired vehicles shall remain no longer that 60 days from the date of arrival and shall be parked in side or rear yards. In case of a corner lot, parking may be permitted in the front yard of the side or lesser street.

(g) All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven days shall be removed. If a vehicle is stored at a service station due to an accident, it shall remain no longer than 60 days from the date of arrival unless respective parts are documented to be unavailable within such time period. Said documentation shall be provided to the Zoning Officer for approval.

(h) The demolition or storage of unlicensed or junked vehicles and any salvage activities are prohibited.

(i) No equipment above ground for the service of motor vehicles shall be closer than 25 feet to any side or rear property line.

(j) Canopies shall be located no less than 10 feet from the right-of-way.

(k) Fuel pumps shall be located at least 25 feet from any public right-of-way or 50 feet from the street center line, whichever is greater.

(l) All ventilation equipment associated with fuel storage tanks shall be at least 100 feet and oriented away from any adjoining residential property or residentially zoned property.

(m) No two driveways leading from a public street to such garage use shall be within 15 feet of each other at their intersection with the curb or street line.

(n) All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.

(o) Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.

(56) Veterinary facilities.

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

(b) Outdoor running areas shall be fenced in a manner which restricts access and provides for a full enclosure.

(c) The owner/operator of the veterinary office shall be responsible to exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.

(d) The applicant shall provide the Zoning Hearing Board or the Zoning Officer, as applicable, with a plan for the disposal of deceased animals by either controlled incinerator or to remove them from the premises in a sanitary manner within 24 hours of their death.

(e) All animals shall be housed in an enclosed all-weather protective structure between the hours of 8:00 p.m. and 7:00 a.m. each day.

(57) Wind and other alternative energy systems permitted by right.

(a) Geothermal energy systems. Open-loop geothermal systems shall not be permitted in the Township. Closed-loop geothermal systems shall be permitted in all zoning districts and shall be subject to the following regulations:

[1] The design and installation of geothermal systems and related bore holes for geothermal heat pump systems shall conform to applicable industry standards, including those of the ANSI, the IGSHPA, ASTM, the ARI, or other similar certifying organizations, and shall comply with the Building Code[17] and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application, and the applicant shall provide documentation to demonstrate that the design complies with and the installation shall comply with applicable industry standards.

[17] Editor's Note: See Ch. 175, Construction Codes, Uniform.

[2] In all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.

[3] All parts of the geothermal system shall be located a minimum distance of 10 feet from any property line.

(b) Small solar energy system. Small solar energy systems shall be permitted in all zoning districts as appurtenances to any building or as accessory structures and shall be subject to the following regulations:

[1] The design and installation of small solar energy system shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2] All small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent lots as well as adjacent street rights-of-way.

[3] All on-site utility and transmission lines extending to and from the small solar energy system shall be placed underground.

[4] No part of any small solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.

[5] Small solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district. The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is capable of holding the load.

[6] Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall not exceed 15 feet in height.

[7] The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small solar energy system. Off-grid systems shall be exempt from this requirement.

(c) Small wind energy system. Small wind energy systems shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:

[1] The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2] No more than one small wind energy system shall be permitted per lot.

[3] Small wind energy systems shall not generate noise which exceeds 55 decibels measured at any property line.

[4] Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.

[5] All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.

[6] No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.

[7] All small wind energy systems shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

[8] The maximum height of any small wind energy system shall not exceed 50 feet, except that the maximum height shall be increased to 85 feet in the Agricultural (AG) District.

[9] No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

[10] The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.

[11] All small wind energy systems shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbine's climbing apparatus shall be limited to no lower than 15 feet from the ground, or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.

[12] Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.

[13] When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within each zoning district. Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.

[14] The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.

[15] The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.

[16] The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.

(d) Small manure digesters.

[1] Small manure digesters shall be permitted as accessory uses and/or accessory structures to agricultural and farm uses and shall be located no closer than 75 feet to any property line.

[2] The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small manure digester. Off-grid systems shall be exempt from this requirement.

(e) Outdoor solid-fuel-burning appliances.

[1] Outdoor solid-fuel-burning appliances are permitted in the Agricultural (AG) District, the Conservation/Open Space (CO) District, and the Welsh Mountain Watershed Conservation (WMWC) District. The below criteria applies to all outdoor wood burning furnaces, boilers, and appliances within East Earl Township (hereinafter "furnaces").

[2] Applicability.

[a] The below criteria shall not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

[b] The below criteria shall not apply to burning in a stove, furnace, fireplace or other heating device within a building or structure used for human or animal habitation.

[c] The below criteria shall not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

[3] Materials that may not be burned. Unless specific written approval has been obtained from the Pennsylvania Department of Environmental Protection (DEP), the following materials may not be burned in the Township under any circumstances:

[a] Rubbish or garbage, including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, demolition debris or other household or business wastes.

[b] Waste oil or other oil wastes except used oil burned in a heating device for energy recovery subject to DEP regulations.

[c] Asphalt and products containing asphalt.

[d] Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

[e] Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, films, and containers.

[f] Rubber, including tires and synthetic rubber-like products.

[g] Any material that is not recommended for burning by the manufacturer of the furnace.

[4] Regulations for existing outdoor furnaces.

[a] All owners/operators of existing outdoor furnaces shall apply for a permit for the furnace in accordance with the permit requirements contained in § 450-169 herein, within 60 days from the effective date of this Zoning Ordinance.

[b] Any and all existing furnaces that do, not comply with any of the herein provisions shall be registered as a nonconforming furnace.

[5] Specific requirements for furnaces.

[a] A furnace shall not be used to burn any of the prohibited materials listed in Subsection A(57)(e)[3] above.

[b] Furnaces shall be located on lots of no less than five acres and shall not be less than 200 feet from any lot line.

[c] All furnaces shall have a minimum chimney height of 20 feet or the maximum height allowable by the manufacturer. If the chimney height is less than 20 feet, the applicant shall provide the Township with documentation from the manufacturer confirming the restriction.

[d] All furnaces shall comply with the emissions standards as promulgated by the Environmental Protection Agency (EPA). All emission standards currently required by the EPA are adopted by reference, and as may be subsequently amended.

[e] All furnaces shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and guidelines for the furnace. In the event that a conflict arises between the manufacturer's instructions and regulations and the regulations contained herein, the stricter instructions or regulations shall apply.

[f] All ashes or waste may be disbursed on the property where the appliance is located. Any large accumulation of ashes or waste must be disposed of in a manner approved by East Earl Township and/or the DEP.

[g] All furnaces shall be used for the sole purpose of furnishing heat and/or hot water to a dwelling or other structure pursuant to a permit issued hereunder, including residential swimming pools on the site parcel.

[h] In the event that the furnace is damaged more than 50%, or it is physically deteriorated or decayed, the furnace must be removed and/or replaced with a new unit within 60 days of the date that notice is received from East Earl Township. In such event, all provisions contained herein, including, but not limited to, permitting procedures shall be complied with.

[i] Furnaces on lots of less than 20 acres shall not be operated between the dates of May 15 to September 15. Any furnace on lots of 20 acres or more may be operated throughout the year.

[6] Permits.

[a] No person shall install, start or maintain any furnace without first obtaining a zoning permit pursuant to the requirements of this Zoning Ordinance, and a building permit issued pursuant to the requirements of the East Earl Township Building Code.[18]

[18] Editor's Note: See Ch. 175, Construction Codes, Uniform.

[b] Before permits can be issued hereunder, an inspection of the proposed installation shall be required. In addition, a site plan is required, drawn to scale, showing the location of the proposed appliance on the property, the location and height of all existing structures on the property, and the distances from the furnace to existing structures on the property and to all property lines. The manufacturer's specifications and instructions shall also be furnished as part of the permit application packet.

[c] A permit shall be issued only upon the applicant's demonstration of compliance with all procedures and requirements stated herein.

[d] Any violation of any of the provisions contained herein shall be subject to the enforcement remedies stated in Article XXV of this Zoning Ordinance.

[e] Permit and inspection fees shall be based upon the fee schedule as adopted by the East Earl Township Board of Supervisors.

[7] Liability. Any person utilizing or maintaining a furnace shall be responsible for all fire suppression costs, cleanup costs, repair and remediation costs, and any other liability resulting from damaged caused by fire or emissions from the unit.

[8] Right of entry. Any authorized officer, agent, employee or representative of the East Earl Township zoning and codes office who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of the aforesaid requirements. If access is denied, access shall be obtained pursuant to applicable laws of the Commonwealth of Pennsylvania.

(58) Wind and alternative energy systems permitted by special exception.

(a) Large manure digesters. Large manure digesters shall be subject to the following regulations:

[1] The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.

[a] The nature of the on-site activities and operations, the types of materials stored and used, the frequency and duration period of storage of materials and the methods for use and disposal of materials. In addition, the applicant shall furnish evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

[b] The general scale of operation in terms of its market area, specific space and area requirements for each activity, the total number of employees of each shift, and an overall needed site size.

[c] The proposed use shall be subject to the Industrial performance standards of § 450-111 of this chapter.

[2] The proposed use shall comply with all the requirements of the applicable district, except that all buildings, structures and facilities used as part of the manure digesting operations shall be set back 200 feet of from any property line. Additionally, no building, structures, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Township.

[3] For industrial or commercial special exceptions, the applicant shall demonstrate through the use of traffic studies or other applicable data that the grant of the special exception shall not materially increase traffic congestion in the roads and highways of the Township.

(b) Large solar energy production facilities. Large solar energy production facilities shall be subject to the following regulations:

[1] The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2] All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.

[3] All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

[4] Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.

[5] The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is capable of holding the load.

[6] All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.

[7] A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[8] The large solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large solar energy production facility owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property. At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.

(c) Large wind energy production facility. Large wind energy production facilities shall be subject to the following regulations:

[1] The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2] Large wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.

[3] All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.

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

[5] Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.

[6] Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.

[7] Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

[8] All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.

[9] A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

[10] All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[11] No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.

[12] All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

[13] The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

[14] All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

[15] The large wind energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.