A. 
It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right, or by special exception, or by conditional use within the various zoning districts established by this chapter.
B. 
Once approved by either the Board of Supervisors or the Zoning Hearing Board as the case may be in their respective jurisdictions, special exceptions and conditional uses are deemed to be permitted uses on the property for which they were approved, regardless of their respective zoning districts, subject to satisfying the requirements and standards set forth in this article, in addition to all other requirements of this chapter and other conditions that may be put in place by the Board of Supervisors or the Zoning Hearing Board.
A. 
This section applies to all adult uses as defined in § 450-18 of this chapter.
B. 
No such use shall be located less than 500 linear feet from the lot line of any library, public park, existing dwelling or any site marked as a proposed future park location on any Township Official Map.
C. 
No such use shall be located less than 1,000 linear feet from the lot line of any primary or secondary school, place of worship or day-care center.
D. 
A thirty-foot-wide buffer yard shall be provided along the side and rear lot lines in accordance with § 450-103 of this chapter.
E. 
No pornographic material, displays or words shall be placed in view of persons who are not inside the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
F. 
No such use shall violate any federal, state or municipal law.
G. 
No sign shall include the sale or display of obscene materials as defined by state law.
H. 
Such uses are specifically prohibited in all districts except where specifically permitted by Article IV.
I. 
A minimum two-acre lot size is required.
J. 
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
K. 
No rooms of any kind accessible to customers shall be less than 150 square feet in size.
L. 
No use shall include live actual or simulated sex acts or any sexual contact between entertainers or between entertainers and customers.
M. 
Only lawful massages, as defined by state court decisions, shall be performed in a massage parlor.
N. 
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except within a permitted lawful adult live entertainment use.
O. 
Any application for such facility use shall state the names and home addresses of all individuals intended to have 5% or more ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated in writing to the Zoning Officer no later than January 15 of each year.
A. 
Agricultural activities permitted to be conducted within the Township by this chapter may be conducted even though these activities may create an annoyance or inconvenience to neighboring residential uses due to sights, sounds, smell or conditions resulting from the agricultural activities, provided that the agricultural activities are conducted in accordance with any and all regulations of the Township and the state and are not conducted in a manner which creates a definite danger to the health or safety of neighboring uses. (See also Pennsylvania Act 133 of 1982, the Right to Farm Law.[1])
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B. 
A minimum lot area of 10 acres is necessary to qualify for the use and designation for conducting agricultural activities. (See also concentrated animal activity in Subsection F below, and § 450-76, Keeping of animals, as an accessory use in Article VI.)
C. 
At least 50% of the products for direct commercial sales of agricultural commodities shall be produced upon the premises.
D. 
Any manure storage shall be at least 100 feet from any property line. Manure storage must comply with Pennsylvania nutrient management rules. (Act 38 of 2005 as amended.[2])
[2]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
E. 
Animal slaughter areas shall be at least 100 feet from any property line.
F. 
Concentrated animal activities shall be subject to a minimum lot size of 50 acres and a use setback a minimum of 500 feet from any property or street right-of-way line.
G. 
All pasture and grazing areas shall be fenced when in use.
H. 
All new agricultural buildings intended for housing farm animals shall be at least 100 feet from any property line. For existing buildings that do not meet this requirement, see the nonconforming regulations of this chapter.
All new agricultural buildings (including the expansion area of an existing agricultural building) intended for the housing of animals, poultry, or fowl shall not be less than 100 feet from any lot line. All other new agricultural buildings (except those used for mushroom cultivation) shall meet the yard regulations of the applicable zoning district.
Animal hospitals and veterinary facilities are subject to the following criteria:
A. 
All animal hospitals and veterinary facilities shall be in fully enclosed buildings.
B. 
The applicant shall furnish current copies of applicable state and/or federal licenses and all renewals to the Zoning Officer.
C. 
Kennel areas shall be allowed as an accessory use subject to the requirements found in § 450-49 of this chapter.
D. 
The applicant shall provide plans, if applicable, for:
(1) 
Housing or boarding of larger animals if essential to the facility;
(2) 
Storage of drugs and medical supplies for the treatment of animals;
(3) 
Lighting, off-street parking, and the control of noise;
(4) 
Disposal of manure, hazardous waste and dead animals.
A. 
There shall be at least 4,600 square feet of lot area provided for each dwelling unit.
B. 
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides, and all trash and rubbish shall be contained in vermin-proof containers.
All bed-and-breakfast establishments shall comply with the following:
A. 
All bed-and-breakfast establishments shall be conducted in a single-family detached dwelling unit.
B. 
Not more than five room units may be rented to guests.
C. 
Not more than one rental room unit is permitted for each 10,000 square feet of lot area.
D. 
Guests shall be limited to lodging for a maximum of 14 consecutive days.
E. 
The residential character of the dwelling shall be maintained.
F. 
Each room unit shall have not less than two means of safe egress.
G. 
One off-street parking space shall be provided for each room unit in addition to parking requirements for the dwelling unit. Off-street parking areas shall not be located in the front yard area. Sufficient off-street parking shall be provided if the bed-and-breakfast hosts special events; the parking area does not need to comply with the surface requirements of Article IX.
H. 
The owner and operator of the bed-and-breakfast establishment shall be a resident of the dwelling.
I. 
Not more than two persons may be employed at the site. One additional parking space is required for each nonresident employee.
J. 
All sewage and water facilities shall be inspected and approved by the Township Sewage Enforcement Officer and shall comply with all applicable PA DEP regulations. A copy of such approval shall be provided to the Zoning Officer.
K. 
Special events shall be limited to lots with a minimum lot area of five acres and shall be set back a minimum of 100 feet from any property line. Special events shall not occur outside the hours of 12:00 noon to 10:00 p.m. Special events are limited to no more than 150 guests. Special events are limited to 12 occurrences per year.
All boardinghouses shall be subject to special exception action of the Zoning Hearing Board and the following:
A. 
All boardinghouses shall only be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.
B. 
The residential character of the front facade shall be maintained.
C. 
Not less than 5,000 gross square feet of lot area shall be provided for each rental room unit. The minimum lot size shall be one acre.
D. 
The Township Sewage Enforcement Officer shall review and approve the boardinghouse for sewage and water compliance prior to issuance of a permit.
E. 
A minimum of one off-street parking space shall be provided for each room unit. All parking areas shall be set back a minimum of 25 feet from all lot lines. Off-street parking shall not be located in any front yard areas. See § 450-112 for additional requirements regarding number of spaces.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
At least one full bath shall be provided for every three rental room units.
G. 
All units shall have not less than two means of egress.
H. 
There shall be no outside advertising other than one nonilluminated sign not more than two square feet in size on each side.
A. 
Not less than 10 contiguous acres shall be provided for each campground.
B. 
All campsites shall be set back not less than 100 feet from all lot lines.
C. 
Campgrounds are limited to no more than five campsites (with parking facilities) per acre (on average) or 10 campsites (without parking facilities) per acre (on average). For campgrounds designed for tent sites only, the number of tent sites may be increased to 20 per acre (on average), provided a separate parking area exists.
D. 
At least 20% of the site shall be kept free of structures.
E. 
Sanitary facilities and trash disposal facilities shall be provided and shall not be located within 100 feet of any lot lines.
F. 
The boundaries of campsite areas shall be delineated with an evergreen planting strip and marked with signage to prevent inadvertent trespassing onto adjoining properties.
G. 
A copy of the proposed campground layout shall be forwarded to the Fire Chief for comment. Any comments by the Fire Chief shall be submitted, in writing, to the Zoning Officer within 10 days.
H. 
Streets shall be provided throughout the campground site. No vehicles of any type may be utilized within 100 feet of any lot line.
I. 
Each campground area with more than 20 campsites shall provide an office staffed during normal business hours.
J. 
All sewage collection, treatment, and disposal shall be in accordance with applicable PA DEP regulations.
K. 
Not less than one tap of potable water per each 20 campsites shall be provided. All water supply facilities shall be in accordance with applicable PA DEP regulations.
L. 
The owner shall submit a plan to control noise, litter, lighting, trespassing, traffic and parking.
A. 
No water used in the washing of cars shall be discharged onto streets or onto other properties.
B. 
Car washing activities shall be carried out within a building.
C. 
The approach drive for self-service facilities shall accommodate a minimum of three cars per bay. The approach drive for automated facilities shall accommodate a minimum of 10 cars per bay.
A. 
The applicant shall be required to demonstrate, using technological evidence, that the communications tower and antenna must be located where it is proposed.
B. 
The applicant shall demonstrate that the communications tower and antenna is the minimum height required to function satisfactorily. In no case shall an antenna and tower exceed 199 feet; anything higher would require a variance from the Zoning Hearing Board.
C. 
The applicant shall furnish a sealed statement from a registered engineer that the proposed communications tower support structure is safe and that the surrounding property and streets will not be negatively affected by support structure failure, falling ice or other debris.
D. 
The applicant shall demonstrate that the communications antennas will not cause radio frequency interference in accordance with FCC (Federal Communications Commission) regulations.
E. 
All communications antennas or towers and ancillary components shall be completely enclosed by a minimum eight-foot-high nonclimbable fence. No signage is permitted except as maybe required by governmental agencies or in the interest of public safety.
F. 
A monopole antenna tower shall be required when new towers are proposed unless the applicant can demonstrate that the use of a monopole would produce an unsafe antenna support structure at the proposed location.
G. 
Access shall be provided to the communications tower and communications equipment building by means of a street or access easement to a street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of a least 12 feet. The first 40 feet of access to the street shall be covered with bituminous paving or other suitable and similar materials. The existing roadside drainage shall be maintained.
H. 
No signs or lights shall be mounted on a communications tower and antenna, except as may be required by the Federal Communications Commission, the Federal Aviation Administration (FAA) or other governmental agency which has jurisdiction.
I. 
An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting. Said evergreen screen shall be planted on the outside of the fence.
J. 
If the communications tower is fully automated, two off-street parking spaces shall be required. If the communications tower is not fully automated, the number of required parking spaces shall equal the number of people in the largest shift but, in any event, shall not be less than two off-street spaces.
K. 
In order to reduce the number of communications towers needed in the Township in the future, any proposed support structure shall be designed and made available to accommodate other users, including, but not limited to, other communications competitors, police, fire and emergency services.
L. 
If the use of the communications tower requires licensing by any state or federal agency, including but not limited to the Federal Communications Commission, the applicant shall present evidence that it has obtained such license.
M. 
Communications towers shall be dark green in color up to the height of the nearby trees to lessen visual impact. Above that height, communications towers shall be painted silver, have a galvanized finish, or be some other color that will minimize visual impact.
N. 
A land development plan prepared in accordance with Chapter 390, Subdivision and Land Development, shall be required for communications tower sites, showing the communications tower, buildings, fences, buffering, access, etc. No building permits shall be issued until the land development plan has been approved by the Board of Supervisors.
O. 
Communications towers/antennas shall be set back a distance of at least 125% of their height from any property line.
P. 
Communications towers/antennas that are 75 feet in height or more shall not be located within 400 feet of any governmental buildings, schools, hospitals, and other similar public, institutional and community buildings.
Q. 
The following certification statement, signed by the property owner and/or developer and notarized, shall be placed on the land development plan:
"In the event a communications tower antenna ceases operation or use on a lot for a period of 12 consecutive months, the communications tower, including any auxiliary components, shall be dismantled and removed by the owner or operator within six months of the expiration of such twelve-month period. Further, both the owner of the lot and the owner of the communications tower, if different from the owner of the lot, shall notify the Zoning Officer at least 30 days before operation or use of the communications tower ceases."
A. 
Clubs and lodges shall include hunting, fishing, social, service and athletic uses.
B. 
Clubs and lodges shall not include motorized sports or adult-related facilities.
C. 
Clubs or lodges engaged in outdoor activities shall provide sufficient setbacks and or buffer yards to protect adjacent properties.
Convenience stores are subject to the following criteria:
A. 
A traffic turning movement exhibit shall be provided which demonstrates sufficient area for delivery vehicles which will not adversely affect traffic flow.
B. 
All structures (including gasoline pump islands but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line.
C. 
Access drives shall be separated at least by 100 feet from one another.
D. 
Applicant is required to provide copies of all state and federal approvals.
A. 
Commercial day-care facilities are subject to the following criteria:
(1) 
An outdoor play area shall be provided, having a minimum area of 100 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard area and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and shall be visually screened from adjoining residential properties.
(2) 
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
B. 
For residential day-care centers see Article VI, Accessory Structures and Uses.
Essential services shall be permitted without regard to the use and area regulations; provided, however, that buildings erected for these utilities shall be subject to the following regulations:
A. 
Required front, side and rear yards and building height shall be provided in accordance with the regulations of the district in which the building is located.
B. 
Unhoused equipment shall be enclosed with a chain-link fence six feet in height and shall be screened.
C. 
This use must comply with the environmental performance standards of Article VIII.
A. 
All activities shall be set back at least 50 feet from all property lines.
B. 
The applicant shall submit a plan for the control of traffic, parking, and litter.
C. 
Hours of activity, including setup and tear down, shall be limited to dawn to dusk.
In accordance with the requirements of Section 603(f) of the MPC, as amended,[1] forestry, including the harvesting of timber, is permitted by right in all zoning districts. Prior to the commencement of forestry activities where at least 5,000 square feet of earth disturbance is proposed, an erosion and sediment control plan shall be approved by the Carbon County Conservation District. A copy of the approved soil and erosion plan must be provided to the Zoning Officer.
[1]
Editor's Note: See 53 P.S. § 10603(f).
Group homes shall be subject to the following criteria:
A. 
The premises shall be under supervision at all times.
B. 
Special exception.
(1) 
Each application for this special exception use shall be accompanied by a statement describing the following:
(a) 
The character of the facility.
(b) 
The program's policies and goals and means proposed to accomplish the goals.
(c) 
The characteristics of the service populations and number of residents to be served.
(d) 
The operating methods and procedures to be used and any other aspects pertinent to the facility's program.
(2) 
Any change in the type of facility or service population will require a new special exception.
C. 
Outdoor play/recreation areas shall be completely enclosed by a six-foot-high fence and shall be visually screened from adjoining residential properties.
D. 
Each group home shall obtain and maintain applicable licenses with the appropriate state and federal government agencies.
E. 
Not more than two persons per bedroom shall be permitted.
F. 
The Township Sewage Enforcement Officer shall review and approve the group home facility for sewage and water compliance prior to issuance of a permit. A copy of this review shall be issued to the Zoning Officer.
G. 
Any medical or other professional services provided shall be limited to residents of the facility.
A. 
No garbage or organic waste shall be stored.
B. 
All fluids and batteries shall be removed from the motor vehicle or part thereof being stored in the junkyard.
C. 
Adequate access for firefighting purposes shall be provided for all stored materials.
D. 
Burning and incineration shall be prohibited.
E. 
A fence at least eight feet in height shall be erected along all boundary lines of the area which is used as a junkyard. This fence shall be erected on an earthen berm at least 12 feet in height with a minimum top width of 10 feet and a side slope of 2:1 to create a solid visual barrier.
F. 
All materials shall be stored at least 100 feet from any property or street right-of-way line.
G. 
The combined height of the earthen berm and fence shall at all times exceed the height of the junk by 10 feet.
H. 
In no case shall junk materials be stacked to a height exceeding 10 feet.
Kennels shall be subject to the following criteria:
A. 
At least two acres of land area shall be required for each eight domesticated adult animals or portion thereof. The maximum kennel size shall be 50 animals.
B. 
Kennel areas shall be set back at least 200 feet from any property or street right-of-way line.
C. 
Kennels shall not be located within the front yard areas of the property.
D. 
All animals shall be located indoors at night (sunset to sunrise).
E. 
Any manure storage shall be at least 100 feet from any property line. Manure storage must comply with Pennsylvania nutrient management rules. (Act 38 of 2005, as amended.[1])
[1]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
F. 
The applicant shall furnish plans of the facilities to the Township which demonstrate compliance with these regulations.
G. 
The applicant shall allow the Zoning Officer and/or other authorized Township representative to inspect the kennel(s) during normal business hours.
H. 
Copies of all applicable permits issued by other agencies shall be furnished to the Zoning Officer.
A. 
All quarries, pits, surface mines, or other area where minerals are extracted by any method shall be licensed by and subject to regulations of the PA DEP. Copies of all applicable permits and plans shall be provided to the Township. No permit shall be issued by the Township until a PA DEP permit is received.
B. 
A fence of a minimum height of eight feet shall be maintained so as to enclose the mining operations, all machinery, and all stockpiles.
C. 
Locking gates shall be located at all entrances and exits.
D. 
No storage of products, by-products, overburden, cover material or quarrying or mineral extraction activities shall be located closer than 250 feet to any lot line or within 250 feet of any street not located within the lot.
E. 
No storage of products, by-products, overburden, or cover material shall exceed a height of 50 feet.
F. 
Minimum lot size shall be 50 acres.
G. 
Blasting shall not be permitted between 5:00 p.m. and 8:00 a.m. Blasting shall not be permitted on Sundays or legal holidays.
H. 
A copy of an erosion and sediment pollution control plan and all approvals shall be provided to the Township.
I. 
Removal of materials from the site shall be done in such a manner that trucks will not deposit said materials on any street.
J. 
A plan for the reclamation of the site, showing both existing and ultimate contours, shall be provided to the Township.
A. 
The minimum area of a mobile home park shall be 10 acres.
B. 
The mobile home park must be served by public or community sewage and water systems.
C. 
There shall be a maximum gross density of four dwelling units per acre.
D. 
The minimum area of a mobile home lot shall be 5,000 square feet. The minimum lot width shall be 30 feet.
E. 
Not less than 15% of the total area of the mobile home park shall be devoted to open space for the use of all residents of the park.
F. 
No more than 50% of the open space shall be land with a slope of over 15% and/or land with high-water table or wetlands. All residents of the park shall have access to the open space.
G. 
No mobile home shall be located closer than 25 feet to any street located within the boundary line of the mobile home park.
H. 
The minimum distance between mobile homes or service buildings shall be 30 feet. The minimum distance between any mobile home and an accessory building or structure on the same lot shall be five feet.
I. 
Three off-street parking spaces shall be provided for each mobile home.
J. 
A thirty-foot landscaped buffer strip containing deciduous and evergreen trees shall be provided along the perimeter boundary lines of the mobile home park.
K. 
The mobile home park shall contain a structure clearly designated as the office of the Park Manager.
L. 
A register containing the names of all park occupants, the make, model and serial number of each mobile home in the park, the lot number upon which the mobile home is parked, and the date of arrival and departure from the park shall be maintained by the Park Manager. The register shall be available to the Zoning Officer and any other person whom the Township Supervisors authorize to inspect the park and shall be kept in the office of the Park Manager.
M. 
No special exception shall be granted by the Zoning Hearing Board for a mobile home park until the Township Engineer has reviewed and commented on the plan. The cost of said review shall be paid by the applicant.
Nightclubs are subject to the following criteria:
A. 
No part of the subject use shall be located within 50 feet of any property in residential use. This area shall comply with the landscaping requirements of § 450-103.
B. 
See § 450-100D for noise and vibration regulations.
C. 
See § 450-100G for litter and solid waste management requirements.
D. 
See § 450-31 for adult-related facilities and uses.
A. 
The development shall be served by public or community sewage disposal and water supply facilities.
B. 
The overall density of the development shall not exceed eight dwelling units per acre in the V-C District and six dwelling units per acre in the R-R District.
C. 
Permitted uses include single-family detached dwellings, single-family semidetached dwellings, townhouses, apartment dwellings and accessory uses thereto.
D. 
Not less than 20% of the gross area to be developed shall be permanently set aside for noncommercial open space purposes, such as recreation or conservation of natural features. These noncommercial common open space areas shall be suitable by size, surface conditions, shape, and location for the designated purpose and contain no structure or parking facility except as related to and incidental to open space uses. Common open spaces shall not include land within street rights-of-way nor shall they include required open area required between buildings or between buildings and street rights-of-way, driveways, parking areas, and property boundary lines. No more than 50% of the minimum required common open space shall be land with slope of over 15%.
(1) 
A plan showing how the common open space areas will be developed and equipped shall be submitted to the Township for approval prior to the approval of any subdivision or land development plan.
(2) 
Common open space areas shall be readily accessible to residents of the development, but shall be so located that they can be reached and used safely without traffic or other hazards.
(3) 
Written agreements satisfactory to and approved by the Township Supervisors shall be made for the perpetual preservation and maintenance of the common open space areas.
E. 
A system for pedestrian circulation within the tract shall be provided. This system shall consist of a series of walkways four feet in width and shall provide access to community facilities and recreation areas.
F. 
The maximum building height shall be 35 feet.
G. 
The maximum permitted total impervious coverage shall be 30% of the tract area.
H. 
No more than 5% of those portions of the tract with a slope of 25% or greater shall be covered by impervious surfaces.
I. 
No more than 15% of those portions of the tract with a slope between 15% and 25% shall be covered by impervious surfaces.
J. 
No one dwelling type listed in § 450-27 shall comprise more than 65% of the total number of dwelling units within the development.
K. 
Areas designated for one-bedroom apartments or townhouses shall not be developed at a density to exceed 14 dwelling units per acre. Areas designated for two-bedroom apartments or townhouses shall not be developed to exceed a density of 12 dwelling units per acre. Areas designated for three-or-more-bedroom apartments or townhouses shall not be developed to exceed a density of 10 dwelling units per acre.
(1) 
When apartments or townhouses with varying numbers of bedrooms are mixed within areas, there must be at least 3,112 square feet of land provided for each dwelling unit with one bedroom, at least 3,630 square feet of land provided for each dwelling unit with two bedrooms and at least 4,356 square feet of land provided for each dwelling unit with three or more bedrooms.
L. 
The maximum length of an apartment building shall be 165 feet.
M. 
The number of townhouses within a continuous grouping shall not exceed eight.
N. 
No apartment building, townhouse, or single-family semidetached dwelling shall be located within 50 feet of a property line of the development.
O. 
No apartment building shall be located within 50 feet of another dwelling.
P. 
A townhouse shall be located at least 40 feet from any dwelling which is not in the same row of townhouses.
Q. 
The minimum building setback line for a townhouse shall be 20 feet.
R. 
The minimum building setback line for an apartment building shall be 40 feet.
S. 
The maximum distance from the entrance to a residential building to a parking space serving dwelling units contained within the building shall be 300 feet.
T. 
In the case of townhouses for sale where the sale of land with the townhouse will not be limited to the land actually covered by the townhouse, the following regulations shall apply to the townhouse lot:
(1) 
Minimum lot width: 18 feet.
(2) 
Minimum lot size: 1,800 square feet.
(3) 
Minimum rear yard: 25 feet.
(4) 
Minimum side yard (end of row): 20 feet.
U. 
Requirements for single-family detached and single-family semidetached dwellings shall be as follows:
Requirement
Single-Family Detached
Single-Family Semidetached
Minimum lot size
0.2 acres
0.3 acres
Minimum lot width at street line
50 feet
50 feet
At building setback line
60 feet
60 feet
Minimum building setback line
20 feet
20 feet
Minimum rear yard
25 feet
25 feet
Minimum side yard total
16 feet
16 feet
One side
8 feet
8 feet
Maximum lot coverage
35%
35%
V. 
Refuse stations shall be designed with suitable screening and placed in locations which are convenient for collection removal and not offensive to the occupants of dwelling units. Adequate storage capacity shall be provided within containers at each refuse station to accommodate the projected solid waste volumes to be stored at that station.
W. 
Adequate lighting shall be provided to outdoor areas used by occupants after dark, including parking areas and open space and recreation areas. Appropriate lighting fixtures must be provided for walkways. Lighting should be located to avoid shining directly into habitable room windows and into private outdoor open spaces associated with dwelling units.
X. 
Existing trees shall be preserved wherever possible and desirable. The location of trees must be considered when planning the development. The developer shall indicate the means whereby trees and other natural features shall be protected during construction.
(1) 
The proposed development shall be accomplished without excessive earthmoving, tree clearance and destruction of natural amenities.
(2) 
Natural features such as lakes, streams, topsoil, trees, shrubs, rock outcroppings and scenic views shall be preserved and incorporated into the final landscaping of the development whenever possible and desirable.
(3) 
All housing shall be designed with regard to topography and natural features of the site.
Y. 
The developer shall limit the number of points at which access is provided to the streets from parking areas.
(1) 
The developer shall provide a system of streets so that traffic entering and leaving the development is directed to a limited number of streets.
(2) 
Safe and efficient means of ingress to and egress from the development shall be provided. Points of ingress and egress shall be located so as to not create congestion or traffic hazards.
Z. 
The design of all common parking areas is subject to the approval of the Township. All common parking areas shall be paved. Common parking areas shall be designed such that aisles within the parking areas will not function as streets.
AA. 
No more than 10 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping.
(1) 
No more than 60 parking spaces shall be accommodated in any single parking area.
(2) 
All parking areas shall be landscaped.
BB. 
Common parking areas shall not be designed or located to require cars to back into streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in end stalls of the lots may back.
(1) 
Parking areas and access drives shall be located a minimum of 20 feet from all structures and from exterior lot lines of the development. Common parking areas shall be a minimum of 10 feet from any street rights-of-way.
(2) 
Entrance and exit ways to parking areas shall have a minimum width of 12 feet for each lane of traffic entering or leaving the areas.
CC. 
The minimum distance between parking areas shall be 30 feet.
(1) 
The design of parking areas shall recognize the possible need for emergency service and access by emergency vehicles. The Township may require that secondary means of access and egress be provided for parking areas.
(2) 
Parking areas shall be screened from adjacent land and roads not included within the development by means of plantings, changes in grade or other means approved by the Township.
DD. 
Entrances to access drives serving multifamily dwellings shall be located at least 75 feet from the point of intersection of the nearest street curbline.
Recreation facilities includes golf courses, miniature golf courses, golf driving ranges, golfing, hiking trails, riding trails, riding academy, parks, picnic grounds, playgrounds, amusement and/or theme parks, boating, hunting, gunning, fishing, snow sports, water parks, swimming areas, ecological centers, boating, skiing, tubing, snowboarding, ice skating, dog sledding, tobogganing, luge, biking, mountain coasters, festivals and closely similar uses.
A. 
No commercial activity shall be permitted except for the charging of admission, sale of refreshments, rental or sale of athletic equipment, or such other purpose as is clearly incidental to the permitted recreational use.
B. 
Minimum front, rear and side yards shall be 50 feet.
C. 
Target and firing ranges shall be located a minimum of 1,000 feet from all adjoining property lines and shall not be used from dusk to dawn.
D. 
All applicable state regulations shall be complied with.
E. 
Adequate backing measures, which shall be approved by the Zoning Officer, shall be provided behind all target areas (see § 450-59, Target/shooting ranges).
F. 
When special exception approval is required, a site plan with proposed improvements shall be submitted.
A single-family detached dwelling may be converted into a dwelling for a greater number of families by special exception, subject to the following requirements:
A. 
Each dwelling unit shall have a minimum of 600 square feet of floor area.
B. 
Two off-street parking spaces shall be provided for each additional dwelling unit created in the conversion.
C. 
The lot area per dwelling unit shall be at least 4,000 square feet.
D. 
The method of sewage disposal shall be approved by the Township Sewage Enforcement Officer and/or the PA DEP, as applicable. The applicant shall provide an approval letter from the Township Sewage Enforcement Officer prior to applying for permits.
E. 
The total number of dwelling units within the building shall not exceed two units.
Riding academies/clubs/stables are subject to the following criteria:
A. 
The minimum lot area required shall be 10 acres.
B. 
No building or stable shall be located less than 100 feet from any lot line. A minimum lot size of one acre per 1 1/2 animals maintained shall be provided.
C. 
All areas used for exercise and pasturing shall be securely fenced. A pasture fence shall be located a minimum distance of 10 feet from the property line.
D. 
Any manure storage shall be at least 100 feet from any property line. Manure storage must comply with Pennsylvania nutrient management rules. (Act 38 of 2005, as amended.[1])
[1]
Editor's Note: See 3 Pa.C.S.A. § 311 et seq.
E. 
One sign shall be permitted which shall not be greater than 12 square feet in area and located a minimum of 20 feet from the front property line.
F. 
Adequate off-street parking shall be provided in accordance with the requirements of Article IX. Off-street parking areas do not need to comply with the surface requirements of Article IX.
A. 
Units shall be used solely for dead storage. No processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.
B. 
Hazardous materials and perishable items are prohibited.
C. 
At least 25 feet shall be maintained between structures as traffic aisles.
D. 
All units must be surrounded by a fence at least eight feet in height and accessible via an electric gate. The Fire Department shall be provided with the key, key card, access code or Knox-Box.®
E. 
A concrete or blacktop floor is required for all units.
F. 
Nothing shall be stored in traffic aisles or required off-street parking areas.
G. 
Human or animal habitation is prohibited.
H. 
Adequate lighting shall be provided for security, and it shall be directed away from or shielded from adjacent properties and streets.
I. 
Any area within 100 feet of a street right-of-way shall be screened by a landscape buffer as per § 450-103 of this chapter.
J. 
The facility shall have a fire alarm system hardwired to the 911 system.
A. 
The operation of a solid waste landfill shall comply with rules established by the PA DEP. No permit shall be issued by the Township until a PA DEP permit is received and a copy provided to the Township.
B. 
The minimum lot size shall be 50 acres.
C. 
No landfill operation shall be carried out within 500 feet of any property line of the solid waste landfill or within 500 feet of any street not located within the lot.
D. 
A fence at least eight feet in height shall be erected along all boundary lines of the area which is used as a solid waste landfill. This fence shall be erected on an earthen berm at least 12 feet in height with a minimum top width of 10 feet and a side slope of 2:1 to create a solid visual barrier.
E. 
The combined height of the earthen berm and fence shall at all times exceed the height of the solid waste landfill by 20 feet.
Shooting ranges are subject to the following criteria:
A. 
Shooting range operations must comply with all applicable state and local laws, rules, and regulations regarding the discharge of a firearm and storage of live ammunition.
B. 
Shooting range operations shall prohibit the consumption of alcoholic beverages within the area approved as the shooting range.
C. 
Shooting range operations shall limit firing to the hours between one hour after official sunrise and one hour preceding official sunset.
D. 
The owner shall submit a plan which identifies the "safety fan" for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon industry standards regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
E. 
The firing range, including the entire safety fan, shall be posted with range caution signs at a maximum of 100-foot intervals around the range perimeter. Signs shall have eight-inch-tall red letters on a white background which shall read SHOOTING RANGE AREA, KEEP OUT!
F. 
Range flags or electronic signals shall be displayed during all shooting activities. Range flags or electronic signals shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan.
G. 
All surfaces located within the safety fan, including the backstop, overhead baffles, ten-foot-high earthen berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
H. 
All shooting range facilities, including buildings, firing range, and safety fan, shall be set back a minimum of 100 feet from the property line and street right-of-way.
I. 
The applicant shall present evidence that the maximum allowed noise levels shall not be exceeded. An evergreen or other barrier type is required around the safety fan to help buffer noise.
J. 
The owner shall submit a plan to control noise, litter, lighting, trespassing, traffic and parking.
K. 
Private shooting ranges on private property shall comply with Subsections A, B, C, G and H above and shall supply a protective earthen berm at least 10 feet high.
A. 
Overall density of the tract shall not exceed eight dwelling units per acre.
B. 
A side yard shall be provided for each end unit of a row of townhouses and shall be not less than 10 feet in width.
C. 
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides and all trash and rubbish shall be contained in vermin-proof containers.
This use is specifically prohibited in all districts. However, should a court of competent jurisdiction disagree, the following rules shall apply:
A. 
This use is permitted only by conditional use action of the Township Board of Supervisors.
B. 
The applicant shall provide a written description of all types of treatment available to clients. Any future additions or modifications to this list shall require approval of the Township Board of Supervisors through the conditional use process.
C. 
The applicant shall prove to the satisfaction of the Board of Supervisors that such use will involve adequate supervision and security measures to protect public safety.
D. 
The Board of Supervisors may place conditions on the use as necessary to protect the public safety, including conditions on the types of residents and security measures.
A. 
All repair activities shall be performed within a building.
B. 
Except for entrance and exit areas, all outdoor storage of dismantled vehicles, automobile parts, and similar items shall be screened from view in such a manner that the outdoor storage of materials is not visible from adjoining properties or public streets.
C. 
Repair activities must comply with all PA DEP regulations.
Large wind energy production facilities shall be subject to the following regulations:
A. 
Large wind energy systems shall comply with the environmental performance standards of Article VIII.
B. 
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
C. 
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable itch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for overspeed protection. Braking system design information shall be supplied by the applicant as part of the application.
D. 
Large wind energy production facilities shall not be artificially lighted unless required by the FAA.
E. 
Wind turbines and towers shall not display advertising.
F. 
Wind turbines and towers shall be an unobtrusive color such as white, off-white or gray.
G. 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fences.
H. 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.
I. 
All large wind energy production facilities shall be located a minimum distance of 125% the turbine blade height (at its highest point) from any property line.
J. 
The minimum height of the lowest position of the wind turbine blade shall be 30 feet above the ground.
K. 
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.
L. 
To the extent applicable, any large wind energy production facility shall comply with the Pennsylvania Uniform Construction Code (Act 45 of 1999, as amended[1]) and the regulations adopted by the Pennsylvania Department of Labor and Industry.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
M. 
The design of any large wind energy production facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories or other similar certifying organizations.
N. 
Wind turbines shall be set back a minimum distance of five times the overall height of the wind turbine from all occupied buildings. Further, wind turbines shall be set back a minimum distance of two times the overall height of the wind turbine from all streets.
O. 
The applicant shall identify all state and Township streets to be used within the Township to transport equipment and parts for construction, operation or maintenance of the wind energy production facility. The Township Engineer shall document street conditions prior to construction of the wind energy production facility; the Township Engineer, or a third party hired by the Township, shall document street conditions again within 30 days after construction is completed or as weather permits. Costs associated with this requirement shall be paid by the applicant. The Township may bond the streets in compliance with state regulations. Any street damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged streets.
P. 
The applicant shall provide a copy of the project summary report and site plan to local emergency services, including the Township Fire Chief. Upon request, the applicant shall cooperate with emergency services, including the Township Fire Chief, to develop and coordinate implementation of an emergency response plan for the wind energy production facility.
Q. 
The wind energy production facility shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and at least $1,000,000 in the aggregate. Certificates of coverage shall name the Township as an additional insured and shall be current with the Township at all times.
R. 
Notice of application. The applicant shall provide written notice of application to all property owners and tenants occupying property within 2,000 feet of the boundaries of the property upon which the wind energy production facility is to be located. Proof of service of such notice by certified mail or notarized affidavit of hand delivery must be provided at the time of the conditional use hearing before the Board of Supervisors.
S. 
Permit fee. A permit fee of $1,500 per proposed megawatt for the wind energy production facility shall be paid at the time the application is submitted. Fees are nonrefundable. The Township Board of Supervisors may modify this fee by resolution from time to time in keeping with the Township's experience with the cost of administering the provisions of this chapter.
T. 
Continued compliance. An applicant granted a permit under this chapter shall be under a continuing obligation to meet the performance criteria and regulations required under this chapter.
U. 
Decommissioning. The wind energy production facility owner shall, at its own expense, complete decommissioning of the wind energy production facility, or individual wind turbines, within 12 months after the end of the useful life of the wind energy production facility or individual wind turbines. The wind energy production facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(1) 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, streets, foundations to a depth of 35 inches and any other associated facilities. Disturbed earth shall be graded and reseeded.
(2) 
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth thereafter.
(3) 
The wind energy production facility owner shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution authorized to conduct business in the Commonwealth of Pennsylvania and approved by the Township.
(4) 
If the wind energy production facility owner fails to complete decommissioning in accordance with this § 450-63U, the Township may take such measures necessary to complete decommissioning. The wind energy production facility owner shall enter into an agreement with the Township to guarantee the Township's right to complete decommissioning.
(5) 
Decommissioning funds shall not be released until the wind energy production facility owner has demonstrated, and the Township concurs, that decommissioning has been satisfactorily completed.
V. 
Public inquiries and complaints. The wind energy production facility shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the wind energy production facility.
[Added 6-1-2021 by Ord. No. 2021-2]
Short-term rental shall be permitted as a special exception in the Low-Density Residential District R-1 and the Village Center District (VC), subject to the following specific conditions:
A. 
License. Possession of a current valid short-term rental license issued by the Township in accordance with Chapter 352, Short-Term Rentals.
B. 
Meals. Meals shall not be provided to overnight guests of the establishment.
C. 
Sewage disposal and occupancy .Sewage disposal meeting the requirements of the Township and PA Department of Environmental Protection (DEP) shall be provided. Occupancy shall be limited by the capacity of the sewage disposal system.
D. 
Nonconforming lots. Short-term rental shall not be permitted on lots which are nonconforming in minimum area.
E. 
Information required. In addition to the other information required by this section, the applicant shall include with the application:
(1) 
The name, street and mailing address, telephone number, and email address of the owner of the short-term rental for which the permit is issued. If the owner does not have a managing agency, agent, or local contact person, then the owner shall provide a twenty-four-hour telephone number.
(2) 
The name, street and mailing address, and twenty-four-hour telephone number of the managing agency, agent, or local contact person for the owner of the short-term rental, if any.
(3) 
The number of bedrooms and the maximum number of overnight occupants.
(4) 
If the building is a two-family or multifamily dwelling structure, the number of dwelling units and the number of dwelling units being used as a short-term rental.
(5) 
A site plan, drawn to scale, showing property lines, all buildings with outside dimensions, on-site parking spaces, driveways, on-lot sewage disposal system(s), well(s), fences, swimming pools, and any other structures.
(6) 
A current Carbon County Hotel Room Excise Tax Certificate and a current Pennsylvania Sales Tax License.