Township of Lower Macungie, PA Part 24 CONDITIONAL USES, SPECIAL EXCEPTION USES, AND CERTAIN USES BY RIGHT SUBJECT TO SPECIFIC ADDITIONAL CRITERIA

§ 27-2401 Purpose.

[Ord. No. 2019-10, 8/1/2019]

This Part sets forth criteria and procedures which must be met before conditional uses, special exception uses, and certain uses by right that are subject to specific additional criteria can receive approval and be granted a zoning permit.

§ 27-2402 Site Plan Requirements.

[Ord. No. 2019-10, 8/1/2019]

1. Conditional Uses and Special Exception Uses. All applicants for a conditional use must submit 12 sets of full-sized site plans to the Township when making application for a zoning permit (16 copies for special exceptions applicants); such site plans shall meet the design and drafting requirements of the Lower Macungie Township subdivision and land development Ordinance ("SALDO") [Chapter 22A]. If the application is considered a land development or subdivision, it must also meet all other requirements outlined in that ordinance, which are in addition to the following site plan requirements.

2. All applications for a special exception use and all applications for a conditional use shall include the following (in addition to any requirements imposed by subdivision and land development Ordinance [Chapter 22A].

A. A statement as to the proposed use of the building or land, including proposed hours of operation, number of employees, and estimated customer traffic.

B. A site plan drawn to a scale of not less than one inch equals 50 feet showing the location, dimensions and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

C. The location, dimensions, planting schedule and arrangements of all open spaces, yards, required naturalized areas described in Part 19, "Environmental and Historic Protection and Preservation" and all buffers including methods and materials to be employed for screening.

D. The location, size, arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.

E. The dimensions, location and methods of illumination for signs, if applicable.

F. The location and dimensions of sidewalks, public spaces and all other areas to be devoted to pedestrian use.

G. Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage.

H. The capacity and arrangement of all building used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per gross acre of land.

I. The project design companion, if required in the zoning district or overlay, with all requisite components as listed in this chapter.

J. A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.

K. Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.

L. The bounds of any easements of record at the Lehigh County Recorder of Deeds Office.

M. All significant natural features and requirements described in Part 19, "Environmental and Historic Protection and Preservation," of this chapter shall be identified and located.

N. A list of all owners of real property within 150 feet of the boundaries of the lot or tract.

O. Any other data deemed necessary by the Zoning Officer to enable the officer to determine the compliance of the proposed use with the terms of this chapter.

3. Home Occupations and Accessory Dwelling Units. Home occupations and accessory dwelling units shall be required to comply with the provisions of this section, except that:

A. Formal drawing requests of the subdivision and land development Ordinance [Chapter 22A] need not be met, so long as the drawings presented to the Township are adequate, as determined by the Zoning Officer, to assure compliance with the provisions of this chapter.

B. The provisions of this Part which expressly relate to home occupation are met.

§ 27-2403 Procedures for Review of Conditional Use Applications.

[Ord. No. 2019-10, 8/1/2019; Ord. No. 2025-04, 11/20/2025]

1. The procedures of this section shall be followed to complete the review of an application for a conditional use.

A. If any proposed subdivision or land development plan includes a conditional use under the regulations of the applicable zoning district and this Part, the applicant shall first obtain approval of the proposed conditional use by the Board of Commissioners before submitting any subdivision or land development application and plans. The Township shall not accept any subdivision or land development application for processing if it fails to comply with the requirement of this section. A conditional use application shall not be considered filed with the Township under this Part until the Township Department of Community Development has confirmed that it is complete and accompanied by all supporting documentation required by this Part, together with the applicable fee.

B. As early as practicable before the start of a conditional use hearing before the Board of Commissioners, the Planning Commission may make a written recommendation to the Board of Commissioners regarding a conditional use application.

C. Within 60 days of the Township's receipt of a complete conditional use application, unless the applicant has agreed in writing to an extension of time thereof in the Township's conditional use application or by letter to the Township Department of Community Development, the Board of Commissioners shall hold a public hearing on the application, in accordance with the following:

(1) Public notice of the hearing shall be given by the Township by publishing, not more than 30 days and not less than seven days from the hearing date, once each week for two successive weeks in a newspaper of general circulation in the Township, the time and place of the hearing and the particular nature of the conditional use application to be considered.

(2) Written notice by first-class mail shall be given by the Township by sending a copy of the published hearing notice to the applicant and all adjacent property owners. Written notice will be given to all owners of real property within 100 feet of the boundaries of the lot or tract that is the subject of the conditional use application, any other person or group (including civic or community organizations) who have made prior written request to the Township to be notified of such hearing, and, with respect to any such matter which relates to real estate within 500 feet of the boundary of any other municipality, the municipal secretary of such municipality.

(3) The list of real property owners and addresses, as required, shall be provided by the applicant.

(4) The Township shall also provide written notice of the hearing by mailing by first-class mail or personal delivery a copy of the published notice to the members of the Board of Commissioners, the members of the Planning Commission, the Township Solicitor, the Township Engineer, and the Zoning Officer.

(5) The applicant shall pay the reasonable fees and costs in connection with provisions of such notices in the adopted Township Fee Schedule, as the Board of Commissioners by resolution may establish.

(6) The parties to such hearing shall be the Township, the applicant, the record land owner (if other than the applicant), and any other person or organization affected by the application who has made timely appearance of record before the Board at the hearing.

(7) The chairman or acting chairman of the Board of Commissioners shall preside at the hearing and shall have the power to administer oaths and issue subpoena to compel testimony of witnesses and the production of relevant documents.

(8) The parties shall have the right to be represented by counsel and shall be afforded the opportunity to present evidence, respond to other parties, and cross-examine adverse witnesses.

(9) Formal rules of evidence shall not apply at the hearing but irrelevant, immaterial or unduly repetitious evidence may be excluded.

(10) The Board shall keep a stenographic record of the hearing, the fees and costs for which shall be shared equally by the Township and the applicant; copies of the transcribed testimony shall be paid for by the party requesting same.

(11) The Board shall not communicate directly or indirectly with any party or his representative concerning the issues involved in the hearing, except upon notice and an opportunity for all parties to participate.

(12) The Board shall not take notice of any communications, reports, memoranda or other materials concerning the hearing, except advice of their solicitor, unless all parties are afforded copies thereof and an opportunity to present responses to the Board.

(13) After commencement of the hearing, no member of the Board shall inspect the site involved or its surrounding with any party or his representative, unless all parties are given an opportunity to participate.

(14) No member of the Board shall participate in deliberation upon or vote upon any application for which the member has the appearance of or an actual conflict of interest.

D. The Board of Commissioners shall render a written decision or make written findings (when no decision is called for), on whether the conditional use application complies with the requirements of this chapter and applicable law, within 45 days after the last hearing before the governing body.

E. The Board of Commissioners shall consider in reviewing an application for a conditional use whether the proposed conditional use meets the specific criteria set forth in this Part (see § 27-2406, below) for such conditional uses and, in addition, whether such proposed conditional use is:

(1) In accordance with the land use objectives of the Southwest Lehigh County Comprehensive Plan and consistent with the spirit, purposes and intent of this chapter.

(2) In the best interests of the Township, the convenience of the community, and the public welfare.

(3) Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in scale, appearance and intensity of use with the existing or intended character of the general vicinity/neighborhood.

(4) In conformance with all applicable requirements of this chapter.

(5) Suitable in terms of permitting the logical, safe, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection.

(6) Suitable in terms of effects on street traffic and safety with adequate sidewalks and vehicular access arrangements to protect major streets from undue congestion and hazard.

F. The Board of Commissioners, in entering a decision granting an application for a conditional use, may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board may deem necessary to implement the purposes of this chapter.

G. When the application is contested or denied, the Board's decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons therefor; conclusions based upon the Pennsylvania Municipalities Planning Code, this chapter, or any other ordinance or regulation, shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

H. A copy of the Board's decision, or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than required by law. The Board shall also mail a copy of such decision, or a brief notice of the decision and a statement of the place where a copy of the full decision may be examined, to all other persons who have filed their name and address with the Board as prescribed by law or at the recommendation of the Township Solicitor.

I. If the Board of Commissioners fails to render a decision within the period allowed by Subsection 1E of this chapter or fails to commence, conduct or complete the required hearing as provided in § 27-2605.1A, of this chapter, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or upon the record to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the Board of Commissioners to meet or render a decision as, hereinabove provided, the Board of Commissioners shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in § 27-2605.1A, Notice of Hearings, of this chapter. If the Board of Commissioners shall fail to provide such notice, applicant may do so.

J. Nothing herein shall prejudice the right of any party to appeal the decision to a court of competent jurisdiction.

K. Appeals to the Lehigh County Court of Common Pleas from a decision of the Board of Commissioners upon an application for a conditional use shall be filed within 30 days after entry of the decision (or, in the case of a deemed decision under Subsection 1J, within 30 days after the date upon which notice of the deemed decision was given) and shall be in accordance with § 1001-A et seq. of the Municipalities Planning Code, 53 P.S. § 11001-A et seq., Land Use Appeals.

§ 27-2404 Procedures for Review of Special Exception Use Applications.

[Ord. No. 2019-10, 8/1/2019]

1. The Township or designated agent shall submit, within 15 days, filing of an application for a special exception use, if it is compliance with the requirements of this Part, the following copies to the Township Planning Commission and Zoning Hearing Board:

A. Twelve copies of the plans to the Township Planning Commission, for their review and recommendation to the Zoning Hearing Board within 30 days, under § 27-2605.1.J of this chapter.

B. Four copies of the plans shall be submitted to the Township Zoning Hearing Board. A public hearing shall be held within 60 days of the filing of the application for a special exception and the Board will render a decision within 45 days under § 27-2604.5E of this chapter.

§ 27-2405 Certain Uses by Right That Are Subject to Specific Additional Regulations.

[Ord. No. 2019-10, 8/1/2019]

1. Certain uses by right are subject to specific additional criteria beyond the criteria set forth for uses by right in general for a particular zoning district, as set forth in this chapter.

A. The Zoning Officer shall determine whether such specific additional criteria for such uses by right are met by an application that is not associated with an application for a conditional use, an application for a variance, an application for a special exception use, or an application for a subdivision or land development.

B. The Planning Commission shall recommend to the Board of Commissioners whether such specific additional criteria for such uses by right are met when associated with an application for a conditional use or an application for a subdivision or land development.

C. The Zoning Hearing Board shall determine whether such specific additional criteria for such uses by right are met when associated with an application for a variance or an application for a special exception.

§ 27-2406 Specific Criteria.

[Ord. No. 2019-10, 8/1/2019]

1. The following are the specific criteria that must be met by the listed uses in order to be approved under this chapter:

A. Academic Clinical Research Center.

(1) Parking requirements will follow the parking requirements found in Chapter 27, Zoning, Part 23, Off-Street Parking and Loading, as listed for public or private educational institutions, as appropriate.

(2) An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(3) All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(4) A buffer planting is required where an academic clinical research center adjoins a residential use or district per the requirements of this chapter.

(5) The use shall comply with all other requirements of the zoning district.

B. Adult Bookstores, Adult Motion Picture Theaters, and Cabarets.

(1) No adult bookstore; adult motion picture theater; or cabaret shall be erected, established or used within 1,000 linear feet from the property line of any existing adult bookstore; adult motion picture theater; cabaret; or massage establishment.

(2) No adult bookstore, adult motion picture theater, or cabaret shall be erected, established or used within 500 feet from the property line of any school or church, or within 500 feet of the boundary of any other zoning district established by this chapter. The Zoning Hearing Board may authorize the establishment of an adult bookstore, adult motion picture theater, or cabaret within 500 feet of a school, church or the boundary of any other zoning district established by this chapter, as a special exception only if the following finding is made by the Board:

(a) That the applicant has presented to the Board adequate proof that the applicant has attempted to contact all eligible locations within a radius of 500 feet from the property line of the proposed use, and shall supply a list of all addresses at which no contact was made. The circulator of the petition shall have subscribed to an affidavit attesting to the fact that the circular personally witnessed the signatures on the petition by the persons whose names appear thereon.

C. Advertising Signs (Including Billboards).

(1) The Board of Commissioners may, in approving an advertising sign conditional use, impose such conditions as are reasonable under the circumstances to protect traffic safety (with respect to unsafe distractive impacts) and protect nearby residential uses from unreasonable glare and other unreasonable lighting impacts, in accordance with generally accepted national outdoor lighting standards.

(2) Each advertising sign subject to this section shall also be subject to the other provisions of this chapter pertaining to advertising signs, which provisions are incorporated herein by reference.

D. Automobile and Other Motor Vehicle, Mobile Home, Boat or Recreational Vehicle Sales.

(1) Specific parking and loading provisions shall be made in accordance with this chapter and any special provisions which the Township deems are essential to carry out the general requirements of Part 23.

(2) Sales facilities that also have repair facilities shall comply with Subsection 1.D.

(3) All automobile and other motor vehicle, mobile home, boat or recreational vehicle sales operation shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility.

E. Automotive and Other Motor Vehicle Repair Garage and/or Service Station.

(1) All service, repair and paint work shall be performed within an enclosed building.

(2) All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

(3) Outdoor storage of automobiles and other vehicles shall only be behind the front building line and shall be no closer than 20 feet from side and rear lots lines.

(4) Outdoor storage of automobile parts and junk shall be prohibited.

(5) All automobile and other motor vehicle repair garage uses shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility.

(6) The minimum lot width shall be 200 feet along each street on which the lot abuts.

(7) All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

(8) Fuel pumps shall be at least 25 feet from any future ultimate street right-of-way.

(9) All automotive parts and dismantled vehicles shall be located within a building.

(10) Full body paint spraying or body and fender work shall only be permitted if utilizing required ventilation machinery and enclosures within the inside of the building and not immediately abutting a residence.

(11) Automobiles that are taken to a service station for outside storage because of an accident may remain no longer than 60 days from the day the automobile arrives at the station.

(12) All automotive service stations and any facility dispensing gasoline or diesel fuel for purchase or sale shall be designed so as to provide for orderly, safe movement of vehicles to and from such facility, including clearly defined and marked traffic lanes (or, where determined by the Zoning Officer to be necessary for such safe vehicular access to a particular facility, curbed access lanes). Where such facility is located within a larger parking area or shopping center, the facility shall include a traffic flow design that insures safe internal traffic patterns within such larger area, as well as safe ingress and egress to adjacent streets, so as to minimize conflicts between vehicles, and between vehicles and pedestrians.

(13) All automotive service stations or any facility dispensing gasoline or diesel fuel shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility.

F. Bed-and-Breakfast Use.

(1) No more than five guest rooms shall be provided.

(2) One off-street parking space shall be provided for each guest room in addition to requirements for the residence. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway and adjoining properties by fencing or natural vegetation.

(3) At least one bathroom shall be provided for use by guests.

(4) There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single sign no larger than six square feet in size constructed and placed in accordance with Part 22.

(5) No external alterations or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons required by any other governmental agency.

(6) The use shall be carried on by members of the immediate family, who must reside on the premises.

(7) There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast only.

(8) The maximum, uninterrupted length of stay at a bed-and-breakfast use shall be 14 days.

(9) The use of any amenities provided by the bed-and-breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests and residents of the establishment.

(10) The existing sewage disposal system shall be recertified as being adequate, in accordance with state regulations.

G. Bus or Taxicab Terminal.

(1) There shall be one acre minimum lot size.

(2) An area for the loading and unloading of buses shall be provided separate from required off-street parking areas.

(3) The lot shall have access available to an arterial street.

H. Car Wash.

(1) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

(2) Access points shall be limited to two on each street abutting the lot.

(3) On-lot traffic circulation channels and parking areas shall be clearly marked.

(4) Centralized sewage disposal facilities and centralized recirculating water supply facilities shall be provided.

(5) Three marked parking/waiting spaces per manual car wash bay/lane and eight marked parking/waiting spaces per automatic car wash bay/lane shall be provided, to allow for stacking of waiting customers.

I. Conversion of Existing Single-Family Detached Dwelling to a Two-Family, Single-Family Attached or Multifamily Dwelling Limited to Three Units.

(1) The floor area per dwelling unit shall be not less than 600 square feet.

(2) Adequate water and sewage shall be available.

J. Craft Breweries, Distilleries and Wineries.

(1) The primary use shall be the brewing of beer or distilling of spirits for consumption on or off site in a structure no more than 80,000 square feet in size.

(2) Restaurant or food service is allowable as part of the use; however, must receive all necessary permits and inspections.

(3) Outdoor food and drink service areas such as patios, decks, beer gardens and the like shall provide adequate buffering if abutting any residential use, school, place of worship, daycare or preschool or life care facility. Buffer requirements shall be determined by § 27-1803 and the zoning district where the use is located.

(4) Should the use provide for a restaurant or food service, parking shall be calculated based on the number of seats included therein in addition to the base requirements of for the brewery or distillery use. However, shared parking and parking in reserve are encouraged and may be approved by the Township per this chapter.

(5) Any special event, festival, etc. shall obtain a permit and provide all necessary information for adequacy of parking, traffic control measures, etc., to the satisfaction of the Township.

(6) No craft brewery or distillery may operate past 11:00 p.m.

K. Day-Care Center for Children.

(1) Care for no more than three children shall be permitted in an attached residential unit.

(2) Care for more than six children shall require at least one acre of land.

(3) A letter from the Pennsylvania Department of Public Welfare that all state regulations for day-care centers have been met shall be provided before the issuance of an occupancy certificate.

(4) A plan showing safe drop off and pickup areas shall be submitted, reviewed and approved to the satisfaction of the Township.

L. Drive-Through Service Establishments and Fast-Food Restaurants.

(1) The stacking lane and order box shall be set back a minimum of 100 feet from the nearest lot line of any residential use; although this distance may be reduced to the minimum yard setback with a combination of sound walls and landscaping.

(2) There shall be a single stacking lane, except when shared with another use. The stacking lane shall accommodate a minimum of seven vehicles, between the entrance of the drive-through lane and the pickup window.

(3) Stacking lanes shall be avoided within the front or side yards, or from wrapping around the building. When this can be proven to be unavoidable, then a stacking lane may only then be permitted, provided landscaping and architectural elements maintain a built form presence along the street and enhanced pedestrian access to the structure is provided.

(4) Stacking lanes shall begin in the rear of the property and behind the structure. Where drive-through lanes cross walkways, raised walkways to curb levels for pedestrians shall be provided.

(5) Locate drive-through access points into the site away from street intersections and minimize the number of potential vehicular movements around the access location.

(6) Stacking lanes shall not conflict with access to parking stalls or loading facilities.

(7) Twenty-four-hour drive-through operations shall be prohibited from locating adjacent to a residential district or residential use, and where these standards allow for drive-through operations, then they shall cease operations between the hours of 12:00 midnight and 6:00 a.m.

(8) Drive-through service establishments shall be prohibited from any parcel fronting on Hamilton Boulevard between Kressler Road and Grange Road, unless they are incorporated into a combined development of dwellings, offices, medical offices, personal services, restaurants or retail uses, or are part of a development that adaptively reuses historic structures and can meet all other requirements of this subsection.

M. General Construction Contracting Operations Involving the Storage of Construction Equipment or Materials.

(1) Outdoor storage of construction equipment shall be limited to operable equipment. Derelict and inoperable equipment shall be stored within enclosed structures.

(2) The storage area for construction equipment shall be surrounded by a fence of a minimum eight feet high with a locked gate which shall secure the area from unauthorized access.

(3) All parked/stored vehicles or equipment shall remain not less than 50 feet from all property lines and from the existing street right-of-way line.

N. Golf Courses.

(1) No fairway, green or other use area shall be located closer than 50 feet to a rear or side property line.

(2) No less than 50 acres shall be required for each nine holes of golf.

(3) Where deemed necessary for public safety by the Zoning Officer, applicants shall provide protective netting at such places and to such heights as the Zoning Officer determines will best prevent injuries or damage to persons or property.

O. Golf Driving Ranges, Pitch-and-Putt Courses, Miniature Golf Courses, and the Like.

(1) No fairway, green or other use area shall be located closer than 50 feet to a rear or side property line unless proper safety measures and buffer screens to the satisfaction of the Township are utilized.

(2) Where deemed necessary for public safety by the Zoning Officer, golf courses shall provide protective netting at such places and to such heights as the Zoning Officer determines will best prevent injuries or damage to persons or property.

P. Indoor or Outdoor Entertainments or Amusements, Such as Stadiums, Skating Rinks, Arcades, Pool Halls, and the Like.

(1) No use area shall be located closer than 50 feet to a rear or side lot line.

(2) No building or roofed structure shall be less than 100 feet from any lot line.

Q. Heliports. Each application for a heliport shall include the following:

(1) A copy of the Federal Aviation Administration Form 7480-1, "Notice for Construction, Alteration and Deactivation of Airports."

(2) A copy of a letter of "no objections" from the Federal Aviation Administration.

(3) A copy of the State of Pennsylvania Application for Approval of Landing Area Site and the letter of site approval from the Bureau of Aviation.

R. Home Occupation. All home occupation accessory uses shall comply with all of the following specific criteria:

(1) The accessory use shall be conducted entirely within a dwelling and shall be exclusively managed, operated or conducted by, or shall employ or have engaged to work in such operation, not more than a total of three persons (regardless of the number of hours employed or worked per day, week or month by such persons), at least one of whom such persons shall have that dwelling as his/her full-time, permanent and exclusive domicile and residence. (The bona fide owner or principal officer of the business engaged in as the home occupation shall be deemed one of such three persons, regardless of whether or not such owner or principal officer personally participates in the day-to-day operations of the home occupation.)

(2) Home occupation accessory uses to a dwelling shall specifically and expressly include: handicrafts constructed on site, beauty shops, barbershops, dressmaking or tailoring, preserving, millinery, and home cooking (but not commercial catering services). Also specifically included are offices (within their primary domiciliary residences) of lawyers, accountants, doctors and other health-care professionals licensed by the Commonwealth of Pennsylvania, psychologists and licensed social workers, engineers, architects, surveyors, land use planners, stockbrokers and financial advisors, real estate brokers, insurance brokers and actuarial consultants, information technology/computer/Internet consultants, writers, teachers and tutors (excluding instruction of more than three students at a time), and musicians (excluding music instruction for more than three students at a time).

(3) The following uses shall be excluded and prohibited as home occupation accessory uses to a dwelling: music schools, dance schools, business or other private or public schools, nursery schools, day-care centers, dog daycare or dog-sitting for more than three dogs, elder care centers, and the like.

(4) The home occupation accessory use to a dwelling shall be clearly incidental and secondary to the primary residential use of the dwelling, shall not change the residential character of the dwelling itself or its neighborhood, and shall not emit any substantial sound, vibrations, light, odor or electrical interference discernible outside the dwelling.

(5) There shall be no change in the outside appearance of the dwelling within which the home occupation is engaged and no outside visible evidence of the conduct of such home occupation.

(6) There shall be no outside storage of materials, equipment, or vehicles (except vehicles owned by the residents of the dwelling and used exclusively for personal, nonbusiness purposes), and no deliveries to the dwelling by tractor-trailer trucks (deliveries by USPS, UPS or Federal Express-type home-delivery size vehicles being permitted).

(7) If a home occupation accessory use to a dwelling fully meets each of the above criteria, but does not display any sign whatsoever and does not involve any visits whatsoever by clients, customers or other users of the products or services provided by that use, however infrequent, then such use shall be deemed included in and part of the primary residential use of the dwelling and shall not be deemed a use further regulated by this chapter.

(8) A home occupation accessory use to a dwelling that does not meet criteria Subsection 1.R.(7) above shall be identified by not more than one sign, which is in conformity with the provisions of Part 22 of this chapter regarding home occupation signs.

(9) A home occupation accessory use to a dwelling that does not meet the criteria above shall utilize not more than 325 gross square feet of the interior area of the dwelling and no exterior portions of the dwelling, accessory structures, or lot whatsoever shall be used for the home occupation use.

(10) The minimum lot and yard requirements for any home occupation accessory use to a dwelling are the same as are applicable to the primary dwelling use.

(11) Not more than three vehicles, operated or driven by the maximum three persons engaged in or employed by the home occupation use, shall be utilized by any home occupation accessory use to a dwelling, or parked upon or adjacent to the lot of the home occupation; at least one such vehicle shall be parked within a garage on said lot or, if no such garage exists on the lot, then the maximum number of vehicles permitted by this sentence shall be reduced to two vehicles.

(12) Off-street parking spaces shall be provided for any home occupation accessory use to a dwelling in accordance with the provisions of Part 23 for home occupations and such parking spaces shall comply with all provisions of this chapter with regard to setbacks, buffer yards, and the like.

(13) Only one home occupation accessory use to a dwelling [including only one of the expressly included types of occupation stated in criteria Subsection 1.R.(2) above] shall be permitted per dwelling, and per lot.

(14) Notwithstanding anything to the contrary in this chapter, no home occupation accessory use to a dwelling shall be granted, altered, or expanded by special exception.

(15) Notwithstanding anything to the contrary in this chapter, it is specifically found and intended by the Township that an economic need or desire by an applicant to expand or enlarge a home occupation accessory use to a dwelling (whether as to the type of use, the interior space to be used, the number of persons engaged in the home occupation, or the number of required or permitted parking spaces) beyond the specific criteria stated in this chapter for home occupation accessory uses shall not be deemed a "unique physical circumstance or condition" creating an "unnecessary hardship" sufficient to justify a variance under § 27-2604.5.D of this chapter.

S. Junkyard.

(1) Storage of organic or biodegradable material is prohibited.

(2) All junk shall be at least 200 feet from any lot line.

(3) A minimum lot size of five acres is required.

(4) The site shall contain a minimum of two access drives to public roads, each of which is not less than 30 feet in width.

(5) The site shall be completely enclosed by a fifty-foot-wide buffer yard which complies with § 27-1803. The initial height of the evergreen planting shall be six feet. This buffer yard shall be located on the outside of any fencing.

(6) Any and all burning or incineration is prohibited.

(7) All junkyards shall be completely surrounded by well-maintained and secure fencing with a minimum height of 10 feet to prevent access by children.

(8) All junkyards shall provide approved oil separators (including a written operation and periodic maintenance program to insure their proper functioning) for all storm drains on the lot occupied by such use that will receive stormwater runoff from such use or facility and, in addition, if the use discharges any chemical pollution that leaches into the soil of its lot or is transported off the lot via stormwater drainage, such pollution shall be filtered or treated to halt such discharge.

T. Kennel.

(1) All buildings in which animals are housed and all runs shall be located at least 150 feet from any and all lot lines.

(2) Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(3) Outdoor runs may be provided so long as a double evergreen screen at least six feet in height is provided around the runs. No animals shall be permitted to use the outdoor runs from 7:00 p.m. to 8:00 a.m.

U. Medical Marijuana Dispensary.

(1) A medical marijuana dispensary must be legally registered with the registry in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.

(2) A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(3) A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

(4) Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

(5) Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

(6) A medical marijuana dispensary shall be a maximum of 3,000 gross square feet, of which no more than 120 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

(7) A medical marijuana dispensary shall:

(a) Not have a drive-through service;

(b) Not have outdoor seating areas;

(c) Not have outdoor vending machines;

(d) Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

(e) Not offer direct or home delivery service.

(8) A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers, and shall comply with all lawful, applicable health regulations.

(9) A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(10) A medical marijuana dispensary shall be a minimum distance of 500 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

(11) Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

(12) All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(13) Parking requirements will follow the parking schedule found in Chapter 27, Part 23, Off-Street Parking and Loading, as listed for retail stores and businesses.

(14) A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

(15) Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

(a) All accesses must secure the appropriate highway occupancy permit (state or Township).

(b) The clear sight triangle found in Chapter 27, Part 17, General Regulations, must be considered and maintained.

(c) The driveway must be designed and improved to the standards expressly described in Chapter 27, Part 23, Off Street Parking and Loading, and Chapter 22A, subdivision and land development, Part 7, Design Standards.

(16) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

V. Medical Marijuana Grower/Processor.

(1) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

(2) The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production and cultivation or for required laboratory testing.

(3) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

(4) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecure exterior refuse containers.

(5) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

(6) Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

(7) All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(8) Parking requirements will follow the parking schedule found in Chapter 27, Part 23, Off-Street Parking and Loading.

(9) A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

(10) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

(a) All accesses must secure the appropriate highway occupancy permit (state or Township).

(b) The clear sight triangle found in Chapter 27, Part 17, General Regulations, must be considered and maintained.

(c) The driveway must be designed and improved to the standards expressly described in Chapter 27, Part 23, Off-Street Parking and Loading, and Chapter 22A, subdivision and land development, Part 7, Design Standards.

(11) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

W. Medical Marijuana Transport Vehicle Service.

(1) A traffic impact study is required where the office is operated.

(2) Parking requirements will follow the parking schedule found in Chapter 27, Part 23, Off-Street Parking and Loading.

(3) All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(4) A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.

(5) Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(a) All accesses must secure the appropriate highway occupancy permit (state or Township).

(b) The clear sight triangle found in Chapter 27, Part 17, General Regulations, must be considered and maintained.

(c) The driveway must be designed and improved to the standards expressly described in Chapter 27, Part 23, Off-Street Parking and Loading, and Chapter 22A, subdivision and land development, Part 7, Design Standards.

(6) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.

(7) Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

X. Mobile Home Parks.

(1) Mobile home parks shall comply with the Township subdivision and land development Ordinance, where applicable.

(2) Minimum front tract width shall be 300 feet.

(3) All mobile homes must connect to a public water supply and public sewage system.

Y. Multifamily Dwellings (MFD), Single-Family Attached Dwellings (SFAD).

(1) The minimum floor area per dwelling unit shall be 600 square feet.

(2) All multifamily dwellings (MFD) and single-family attached dwellings shall comply with Parts 4, 5 and 6 of the Township subdivision and land development Ordinance [Chapter 22A].

(3) The following maximum building standards shall be required for single-family attached dwellings (SFAD):

(a) No structure shall exceed four such dwellings.

(b) No more than four dwellings shall be in the same building line without a four-foot break in the building setback.

(c) The maximum length of any building shall be 200 feet.

(4) The following maximum building standards shall be required for multifamily dwellings (MFD):

(a) No structures shall exceed 16 dwellings in one continuous structure unless broken by a 90° turn in the building and then not more than 24 dwellings in one structure.

(b) No building shall have more than 100 feet of continuous wall without an eight-foot break in the building setback.

(c) The maximum length of a building shall be 200 feet.

(d) No building (including structures, decks, and patios) shall be closer than 35 feet to any other building (including its attached structures, decks, and patios).

(5) All multifamily dwellings and all single-family attached dwellings must connect to a public water supply and public sewage disposal system.

(6) Elevations and floor plans shall be provided for all units.

(7) All single-family attached dwelling units shall be provided with one six-foot-wide nonpaved access easement (which may be shared by abutting dwellings) along the side and rear lot lines, which shall be maintained free of all structures and shrubbery, to provide the residents of each single-family attached dwelling with access to the rear yard of their dwelling unit.

(8) All multifamily dwellings (MFD) developed as part of a land development shall submit a project design companion in compliance with the standards of this chapter to be reviewed and approved by the Township.

Z. Nonprofit or Commercial Recreation Including Camps, Swimming Pools, Picnic Grounds, and Riding Stables.

(1) Any swimming pool shall be entirely enclosed with a chain-link or equivalent fence not less than six feet in height.

(2) The drainage of any pool shall be adequate and shall not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

AA. Life Care Center.

(1) As part of the conditional use application, elevations and floor plans shall be provided for all units or rooms.

(2) All life care centers must connect to a public water supply and public sewage disposal system.

BB. Outdoor Theater. Viewing screens shall be oriented so as not to be visible from any arterial or collector street.

CC. Private Use Airport or Airstrip. Each application for a private use airport or airstrip shall include the following:

(1) A copy of a letter or other documentation showing proof of authorization or approved air space by the Federal Aviation Administration if such approval is required by the FAA.

(2) A copy of a letter or other documentation showing that the surface characteristics and approach clearances of the private landing strip meet the approval of the Pennsylvania Department of Transportation's State Bureau of Aviation.

DD. Public and Private Educational Institutions and Schools, Except Such Uses as Commercial Dance and Music Studios, and Institutions of Correction and Detention.

(1) The site is located and planned in such a manner that it can be used for both school and general community functions.

(2) A fifty-foot buffer yard, in accordance with § 27-1803, shall be provided along the sides and rear lot lines.

(3) All open spaces dedicated for athletic use shall be located a minimum of 50 feet from a property line or ultimate right-of-way line.

(4) A designated pickup loading and unloading area shall be provided for 15 cars with an additional car space provided for every 30 students in excess of 300. This pick-up area shall be in addition to normal parking requirements.

(5) Pickup areas shall be isolated from school bus loading and unloading area.

(6) No grandstand or refreshment stand or similar fan-related structure shall be located within 100 feet of any property line or ultimate right-of-way line.

(7) All lighting used to illuminate athletic fields or other outside use areas shall be shown on a lighting plan (including daily hours of operation and a photometric plan designating lighting intensity) acceptable to the Zoning Officer, under generally accepted outdoor lighting standards, and lighting shall be so installed and maintained as to prevent glare onto adjoining properties or public streets and to limit "spillover" light at the property line to a maximum of 0.5 footcandles per square foot.

EE. Public Facilities Except Public Utility Structures.

(1) Any outdoor activity area shall be located no closer to any lot line than the required front yard depth and shall be screened and, if necessary, sound insulation shall be provided to protect the neighborhood from excessive noise.

FF. Recycling Collection Center.

(1) This use shall not be bound by the requirements of solid waste disposal facility.

(2) All materials shall be kept in appropriate containers, with appropriate sanitary measures to prevent the attraction of insects or rodents and to avoid any fire hazards.

(3) This use may be an accessory use to a commercial use, subject to the limitations of this subsection.

(4) Materials to be collected shall be of the same general character as the following materials: paper, plastic, cardboard, aluminum and glass.

(5) All sorting of materials must be done inside a structure.

GG. Restaurants.

(1) Access points shall be limited to two on each road abutting the lot.

(2) On-lot traffic circulation channels and parking areas shall be clearly marked.

(3) Provisions for proper and convenient disposal of refuse shall be demonstrated.

(4) The structure shall be located so as to provide for on street, storefront presence and encourage outdoor seating and dining for patrons in designated spaces. Outdoor dining may extend through the front yard setback to the ultimate right-of-way line upon plan submission, review and approval to the satisfaction of the Township not withstanding any other code requirements or lot encumbrances.

HH. Sand, Gravel or Clay Extraction Locations, Quarrying Operations and Borrow Pits.

(1) The applicant shall provide the following plans and information:

(a) A plan of general area (within a one-mile radius of site) at a scale of 1,000 feet to the inch (or a larger scale), and a twenty-foot contour interval or less to show:

1) Existing data relative to:

[a] Location of proposed site.

[b] Land use pattern including building locations and historical buildings and sites.

[c] Roads indicating major roads and showing width, weight loads, types of surfaces and traffic data.

2) Proposed data relative to:

[a] Subdivisions.

[b] Parks, schools and churches.

[c] Highways (new and reconstructed).

[d] Other uses pertinent to proposal.

(b) Plan of proposed site at a scale of 100 feet to the inch (or larger scale) with a five-foot contour interval or less to show:

1) Basic data relative to:

[a] Soils and geology in accordance with § 27-1905.

[b] Groundwater data and water courses.

[c] Vegetation with dominant species.

[d] Wind data, directions and percentage of time.

2) Proposed data relative to:

[a] Final grading by contours.

[b] Interior road pattern, its relations to operation yard and points of ingress and egress to state and Township roads.

[c] Estimated amount and description of aggregate and overburden to be removed.

[d] Ultimate use and ownership of site after completion of operation.

[e] Source of water if final plan shows use of water.

[f] Plan of operation showing:

[i] Proposed tree locations.

[ii] Soil embankments for noise, dust and visual barriers and heights of spoil mounds.

[iii] Method of disposition of excess of water during operation.

[iv] Location and typical schedule of blasting.

[v] Machinery-type and noise levels.

[vi] Safety measures monitoring of complaints.

(2) Performance Standards.

(a) Extractive operations shall meet all development and performance standards of this chapter.

(b) No excavation, quarry wall, storage or area in which operations are conducted shall be located within 100 feet of any lot line, or any future street right-of-way line, nor within 200 feet of any residential or commercial district boundary line within the Township.

(c) All excavations, except stone quarries, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain, or graded to reflect the way the area as prior to commencement of extractive operation, not be dangerous to human or animal life and to provide for sufficient stormwater runoff to avoid any ponding on the site so graded.

(d) Excavations, except stone quarries, shall be graded and backfilled to the grades indicated on the site plan. Grading and backfilling shall be accomplished continually and as soon as practical after excavation. Grading and backfilling may be accomplished by use of waste products of the manufacturing operation or other materials providing such materials are composed on nontoxic, noncombustible solids, as approved by the Township.

(e) Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed one-to-three slope. During grading and backfilling, the setback requirements in Subsection 1.HH.(2).(b) may be reduced such that the top of the graded slope shall not be closer than 25 feet to any lot line, 50 feet of any future street right-of-way line, nor within 100 feet of any residential or commercial district boundary line.

(f) When excavations, except stone quarries, which provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.

(g) Drainage shall be provided, either natural or artificial so that disturbed areas shall not collect nor permit stagnant water to remain.

(h) Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties, such as excessive dust or noise.

(i) When planting is the final use to which the tract is put, all that is not covered by water shall be covered with a topsoil to a depth of at least six inches or other appropriate depth specified by the Township. A planting plan shall be prepared for the entire finished tract using various types of plant material for the prevention of soil erosion and to provide vegetation cover. When buildings are part of the development proposal, plantings in areas adjacent to proposed buildings shall be in keeping with the requirements of the ultimate building purposes.

(j) Stone quarries shall provide the following:

1) A dense planting screen within the setback area required in Subsection 1.HH.(2).(b) in this section. Such screen shall be no less than 25 feet in width and set back from the excavation so as to keep the area next to the excavation planted in grass or ground cover and clear of any obstruction.

2) A chain link (or equal) fence at least 10 feet high and with an extra slanted section on top strung with barbed wire shall be placed at the inner edge of plantings.

3) Warning signs shall be placed at intervals of not less than 50 feet completely surrounding the area.

(k) All excavations, or the extraction pits for sand, clay, rock or fill shall be backfilled and graded as per plan approval, or if plan approval does not cover such backfilling, within six months and in accordance with a reclamation plan devised and approved in accordance with the applicable state and federal statutes, rules and regulations.

(l) No portion of any excavation pit, hole, borrow, mine or quarry or the like shall be filled without an approved grading and stormwater plan approved by the Township Engineer.

(m) A zoning permit shall be obtained by the contractor or his assignee prior to the commencement of any extractive or quarry operation.

II. Shopping Center Under 50,000 Square feet.

(1) Any development of a shopping center shall provide initially for the construction of either a minimum 8,000 square feet of ground floor area, or a minimum of five of the conditional uses in commercial districts.

(2) All buildings shall be arranged in a group or in groups, and the distance at the closest point between any two buildings or groups of attached buildings, shall not be less than 30 feet, unless deemed otherwise for health, safety or public welfare reasons during Township review.

(3) All utility service lines shall be placed underground.

(4) If the development of the center is to be carried out in progressive stages, each shall be so planned that the requirements of this section and the intent of this chapter shall be fully complied with at the completion of any stage.

(5) Any substantial modifications during construction of the approved conditional use plan shall be submitted for reapproval to the Planning Commission before such construction is implemented.

(6) The applicant shall provide security services on the center's grounds in areas located outside of the center's building or buildings. The security services shall be adequate to protect the safety of persons and property while in those areas. The adequacy of such outdoor security services, and the means to assure that the services continue throughout the life of the commercial use, shall be presented by the applicant for approval by the Board of Commissioners.

(7) Where deemed necessary for public safety by the Zoning Officer, access drives shall include crosswalks, speed-bumps, and similar design features to control traffic flow and protect pedestrians.

(8) A shopping center shall provide for outdoor seating areas if dining establishments are included and at least one general landscaped outdoor gathering park-style space that may be programmed or utilized by tenants.

(9) Entrances shall be designed in a boulevard style that is landscaped and lighted in addition to monument signage and seasonal landscaping at main entrances to be shown in a project design companion.

JJ. Single-Family Attached Dwellings. (See § 27-2406.1.Y.)

KK. Solid Waste Disposal Area or Facility.

(1) Recycling collection centers are not included in this definition.

(2) No solid waste disposal area or facility shall be located within 100 feet of any lot line or any future street right-of-way line, nor within 200 feet of any residential or commercial district boundary line within the Township.

(3) The area to be approved for a solid waste disposal area shall be a minimum of 500 feet from any existing residential use that the applicant does not have an option to buy.

(4) Any burning or incineration shall be carried out in a completely enclosed incinerator approved by the Department of Environmental Protection and all material to be incinerated shall be stored in an enclosed structure.

(5) The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations.

(6) Open dumps and open burning of refuse are prohibited.

(7) The applicant shall prove to the satisfaction of the Township that the existing road network can handle any additional truck traffic, especially without bringing trash-hauling trucks through residential areas.

(8) The applicant shall prove to the satisfaction of the Township that the use would not be a hazard to groundwater quality, create any noxious smells or in any way violate the performance standards of Part 18.

(9) A chain link (or equal) fence at least 10 feet high and with an extra slanted section on top strung with barbed wire shall be placed at the inner edge of a dense planting screen.

(10) Warning signs shall be placed at intervals of not less than 50 feet completely surrounding the area.

(11) The minimum lot size shall be:

(a) Sanitary landfill: 50 acres.

(b) Incinerator: 25 acres.

(12) The applicant shall provide such information necessary for the Township to determine that no significant health or environmental hazard shall be created, and that no hazardous waste is or shall be stored, maintained or disposed of at the facility.

LL. Veterinary Office or Animal Hospital.

(1) A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (such as cats, birds or dogs). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (such as cattle, horses or pigs).

(2) All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

(3) Outdoor animal runs are prohibited.

MM. Warehouse, Wholesale, Storage, or Distribution Use. A commercial enterprise primarily concerned with the storage and/or distribution of goods. Retail sales are specifically excluded.

(1) Each and every building containing this use shall have amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site warehouse/distribution employees. The following provisions shall apply:

(a) The amenities shall include, at a minimum, a suitable lounge for drivers/operators, with restroom facilities, including at least three sinks, stalls, etc., per restroom, and dispensing machines or other facilities to provide food and beverages.

(b) At least one amenity shall be provided for every 30 truck loading/unloading docks/doorways of the use.

(c) The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways of the use. Each amenity shall contain not less than one seat per 10 docks/doorways, with a minimum area to accommodate six seats and one four-person table.

(d) Parking for the amenity shall be provided in close proximity to the amenity and in a suitable, safe, and separately defined location. There shall be provided at least one twelve-foot-by-eighty-foot truck parking space per each required lounge seat of the amenity.

(e) Trucks parked in amenity parking spaces shall not leave engines idling unless required for safety or weather-related reasons. Electrical outlets shall be included in parking areas for trucks to utilize.

(f) All trucks awaiting access to a loading/unloading dock/doorway shall park in the designated amenity parking spaces unless all such spaces are already occupied.

(2) Where guard shacks or checkpoints are proposed at the entrance(s) to such facilities, adequate queuing space shall be provided within the property boundaries to prevent stacking of tractor-trailers on or along public streets.

(3) This use shall reserve a minimum of 5% of the proposed total tractor-trailer parking spaces for outbound trucks which are required to layover or rest due to hours of service regulations. Such spaces must be made available to tractor-trailers during and/or after the facility's operating hours as necessary.

(4) The facility's parking and driveway layout shall be designed to reduce mixing of truck traffic and car traffic, particularly in areas where cars would have to maneuver around or through truck loading/unloading areas.

(5) Driveways and drive aisles shall be designed with adequate turning radii to allow tractor-trailers to complete turning maneuvers within their designated lanes.

(6) Truck drivers shall be instructed regarding acceptable routes between the facility and the nearest expressway with respect to the class of vehicle accessing the facility.

(7) No storage of garbage (other than is routinely produced on site and awaiting regular collection) shall be permitted.

(8) All tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from beyond the exterior lot lines of the use shall be screened by a fifty-foot buffer yard meeting the following requirements:

(a) Include a dense evergreen screen which will provide, within three years, a complete visual screen of at least 10 feet in height.

(b) Include deciduous shade trees meeting the following requirements:

1) Shall meet provisions of the subdivision and land development Ordinance [Chapter 22A] concerning type and initial size of shade trees.

2) Shall be placed abutting streets as required by the subdivision and land development Ordinance [Chapter 22A] and along every 50 feet of lot perimeter that does not abut a public street (such trees are not required to be planted at regular intervals but may be clustered).

3) Shall be of types selected to be resistant to diesel exhaust.

4) Shall be planted on the exterior side of any required berm (or any wall that might be permitted in place of such berm), any wall used for screening, any fence and any evergreen screening.

5) Shall not be planted on the top of any berm, in order to provide effective screening.

(c) Where buffer yards are contained within, or contain within themselves, utility easements, such buffer yards shall be taken in addition to the utility easements.

(9) Any tractor-trailer truck parking, outdoor storage and/or loading/unloading areas that are visible from and are within 250 feet of the exterior lot lines of the use shall be separated from such lot lines by an earthen berm. Such berm shall meet the following conditions:

(a) Average a minimum of 10 feet in height above the adjacent average ground level (disregarding any drainage channel) on the outside of the berm.

(b) Not have one completely continuous height, but instead shall vary in height by one foot or two feet in places.

(c) Have a maximum side slope of three horizontal to one vertical.

(d) Be covered by a well-maintained, all-season, natural ground cover, such as grass.

NN. Mobile Vehicle or Vendor Uses.

(1) No mobile vehicle or vendor use shall be permitted on any parcel or location for a period of more than 24 hours.

(2) In no case shall such use be located within any area used for vehicular circulation, loading zones, emergency vehicle access (e.g. fire lanes), rights-of-way or cause any nuisance, hazard or impediment to traffic.

(3) The use shall not reduce the number of parking spaces below the number required by this Zoning Ordinance for existing uses.

(4) No mobile vehicle or vendor may operate in any residential area and shall be limited to commercial and industrial districts. Such use or temporary structure or vehicle shall be set back a minimum of 50 feet from any lot line adjacent to a residential use.

OO. Shopping Center Having Greater than 50,000 Square Feet of Gross Floor Area.

(1) All shopping centers having greater than 50,000 square feet of gross floor areas shall comply with all of the following specific criteria:

(a) Customer loading and unloading zones in front of stores shall be located outside of primary access driveways.

(b) A system of landscaped pedestrian walkways shall be provided to connect clusters of buildings and to provide separation of parking areas from walkways for safe pedestrian circulation. Pedestrian walkways shall be provided when there are at least 225 parking spaces in the center and additional walkways are required for each additional 250 parking spaces. Pedestrian walkways shall consist of an eight-foot wide sidewalk and an eight-foot wide landscaped buffer. These landscaped pedestrian walkways shall be linked to provide pedestrian access throughout the shopping center.

(c) Unobstructed sidewalks, a minimum of eight feet in width, shall be installed along all store frontages and connecting all attached portions of the shopping center. Between the curb and the eight-foot-wide sidewalk shall be a six-foot-wide accessory area for street lights, landscaping, landscape accessories, trash receptacles and benches.

(d) Raised pedestrian crosswalks shall be provided at major store entrances.

(e) Any outdoor dining areas shall be separate from and in addition to the eight-foot-wide sidewalk and six-foot-wide accessory area.

(f) Areas for outdoor dining shall be designated at the time of plan approval and shall be protected from vehicular traffic by use of decorative wrought iron fencing and/or masonry knee walls, enhanced with decorative vegetation.

(g) Awnings and pedestrian covers shall not be located over the six-foot-wide accessory area, and support structures for the awnings and pedestrian covers shall not encroach into the eight-foot-wide sidewalk.

(h) Awnings and pedestrian covers shall not count as part of the building for purposes of calculating building coverage or setbacks from the roadways.

(i) Each shopping center shall include a bus shelter, designed as per LANTA standards.

(j) Decorative paving patterns shall be used in the walkways, accessways, and crosswalks to delineate pedestrian areas from driving lanes and to provide visual interest.

(k) Primary building entrances shall be accentuated with features such as canopies, overhangs and attractive lighting to provide prominent customer entrances and exterior pedestrian amenities.

(l) Buildings shall be constructed of high-quality building materials such as masonry, stucco, slate and brick for a durable and attractive appearance. All buildings within the shopping center, including those on detached pads, shall be architecturally consistent with one another using the same materials, colors, rooflines, etc.

(m) All sides of each building shall be designed and constructed with materials consistent with the front facade.

(n) The building facade shall include projections, recesses, change of materials, and roofline variations in order to prevent long, unbroken expanses of wall. Where a building facade is visible from a public right of way or civic space and is greater than 100 feet in length, the design shall include variation in materials, window openings, or offsets of at least 18 inches in the building plane every 60 linear feet.

(o) Heating, ventilation, air conditioning, and other mechanical elements shall be shielded from street level view.

(p) Outdoor storage, sales, displays and vending machines are prohibited along store fronts. Outdoor storage and sales areas shall be designated at the time of plan approval and shall be visually screened using materials and vegetation utilized in the shopping center.

(q) Each shopping center layout shall provide access to all sides of all buildings with paved surfaces and adequate turning radii throughout the shopping center for Township emergency services equipment. Alternative drivable surfaces such as paving blocks will be permitted subject to the approval of the Township fire department. Locked security gates restricting access to areas which are critical for emergency services such as fire fighting must be equipped with lock boxes or an alternative system approved by the Township fire department to permit unimpeded access to those areas by Township emergency services.

(2) The following buffer yard, lighting, and landscaping standards are required of all shopping centers having greater than 50,000 square feet of gross floor area:

(a) There shall be a fifty-foot landscaped buffer along the perimeter of the shopping center. For front yards and where adjacent to other commercial uses, the fifty-foot perimeter buffer does not need to provide a visual barrier of the buildings, but shall screen parked cars from adjacent streets with a combination of berms, decorative knee walls (a minimum of 32 inches high), and plantings subject to adequate sight distance.

(b) Screening of large parking areas may be accomplished by buildings on detached pad sites, provided that the buildings on detached pad sites meet the following requirements:

1) Building floor area shall not exceed 8,000 square feet.

2) Buildings shall not intrude into the required buffer yards.

3) Buildings shall not obscure sight distance or prevent efficient circulation.

4) Vehicle access to buildings shall not be from the road on which the building fronts, but shall be from the access lanes in parking areas.

5) Delivery areas and trash receptacles shall be located on the least visible side of the building from the road on which the building fronts, and shall be visually screened by a wall and/or landscaping consistent with materials and vegetation used in other areas of the site.

6) No drive-through aisles shall be located within the front yard setback.

(c) Stormwater detention ponds and similar facilities shall not be permitted in the perimeter buffer unless the stormwater facilities employ decorative landscape features such as a naturalized pond with fountain, a dry creek bed or naturalized wetland.

(d) The center access required by § 27-2303.8.A shall be landscaped with one street tree per each 50 linear feet.

(e) Shade trees and accent plantings shall be planted throughout all outdoor parking areas and along all pedestrian walkways.

(f) Portions of the shopping center that include intersection corner areas shall include decorative landscaping and provide for adequate sight distance.

(g) Planters shall be provided in public areas to enhance building appearance and to act as separators for vehicular areas and pedestrian or seating areas.

(h) A public gathering area of at least 500 square feet in size which includes such features as a clock tower, benches, coordinated site furnishings, refuse containers, lighting standards and textured crosswalks shall be provided. The total square footage for gathering area(s) shall consist of an area of at least 5% of the gross floor area of the center, in addition to the six-foot-wide store frontage accessory area.

(i) Lighting standards, approved by the Township shall be used throughout the site with light standards not exceeding 12 feet in height for walkways and gathering areas.

(j) Illumination from light standards shall be directed downward with shields to prevent up lighting and shall be equipped with timers or light sensors to limit lighting after closing hours to the minimum necessary for safety.

(k) All buildings shall be arranged in a group or in groups, and the distance at the closet point between any two buildings or groups of attached buildings shall not be less than 50 feet.

(3) The following sign standards are required of all shopping centers having greater than 100,000 square feet of gross floor area; provided, however, that to the extent any of the standards below conflict with the sign requirements set forth in Part 22, the standards below shall prevail:

(a) Applicant shall provide a sign program in the project design companion, applicable to all tenants, which defines the location, orientation, lighting and sign materials for the shopping center in order to ensure a unified, coordinated design and compatibility with the overall architecture.

(b) Shopping center monument identification signs shall be located at the main shopping center access points and illuminated per this chapter and the Lower Macungie Township Design Guidelines.[1]These may be freestanding or part of a decorative wall and shall be constructed of identical materials as those used in the building facades and include seasonal landscaped areas.

[1] Editor's Note: Said Design Guidelines are included as an attachment to this chapter.

(c) Sign areas shall comply with the requirements of Part 22; provided, however, that no individual tenant sign area exceeds 200 square feet. Individual tenant signs shall be consistent with the shopping center's sign program.

2. Administration and Enforcement:[2]

A. Building and Zoning Permits/Approvals.

(1) A zoning permit shall be required prior to obtaining a building permit for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

(2) Lower Macungie Township's zoning permit application must be completed.

(3) Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Lower Macungie Township Board of Commissioners in effect at the time of application.

(4) Permits may be denied if the applicant, in the reasonable opinion of Lower Macungie Township, is failing to comply with any state or local law or regulation.

(5) In the case of new construction meeting the Pennsylvania Municipalities Planning Code definition of "land development," a plan application is required to be submitted, and an approval secured, prior to establishment of the use.

(6) If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

(7) A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Commonwealth Department of Health.

[2] Ordinance No. 2017-09, 9/7/2017, which added this subsection, also provided the following regarding penalties: "Any Owner, Operator, or other person who violates or permits a violation of this chapter shall, upon being found liable therefore [sic] in a civil enforcement proceeding before a Magisterial District Judge, pay to Lower Macungie Township a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by Lower Macungie Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, Lower Macungie Township may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by Lower Macungie Township without further judicial proceedings. Further, the appropriate officers or agents of Lower Macungie Township are hereby authorized, to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No Bond will be required if injunctive relief is sought by Lower Macungie Township. A person who violates this chapter shall also be responsible for Lower Macungie Township's attorney's fees, engineering fees, expert fees and court costs reasonably incurred by Lower Macungie Township on account of such violation."

§ 27-2407 Provisions for Wireless Telecommunications Towers and Antennas.

[Ord. No. 2019-10, 8/1/2019]

1. Applicability.

A. New Towers and Antennas. All new towers or antennas in Lower Macungie Township shall be subject to these regulations, except as provided in Subsection 1.B through D below.

B. Amateur Radio Station Operators/Receive-Only Antennas and television antennas. This section shall not govern any tower, or the installation of any antenna, (1) that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or (2) is used exclusively for "receive only" antennas.

C. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections 2.F and G below.

D. AM Array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered to be one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array as of right.

2. General Requirements.

A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

B. Lot Size. For purposes of determining whether the installation of a tower or antenna outside of the public rights-of-way complies with zoning district regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

[Amended by Ord. No. 2020-01, 2/6/2020]

C. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of applicant's existing towers, antennas, or sites approved for towers or antennas, that are either within the boundaries of Lower Macungie Township or within one mile of the border thereof, including specific information about the locations, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for permits under this section or other organizations seeking to locate antennas within the boundaries of Lower Macungie Township, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

D. Visual Impact Requirements. Towers and antennas shall meet the following requirements:

(1) Minimum Height. The applicant shall request the minimum tower and/or antenna height above ground level required to fulfill its technological function.

(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

E. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

F. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government or Commonwealth of Pennsylvania with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations shall be a violation of this chapter.

G. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in all applicable Lower Macungie Township ordinances, including building and property maintenance, and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, Lower Macungie Township concludes that a tower (1) fails to comply with such codes and standards and (2) constitutes and danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna, at the owner's expense.

H. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in and outside Lower Macungie Township, irrespective of municipal and county jurisdictional boundaries.

I. Not Essential Services. Towers and antennas shall be regulated or permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

J. Franchises. Owners and/or operators of towers or antennas shall certify in writing under oath to the Township that all franchises required by law for the construction and/or operation of a wireless communication system in Lower Macungie Township have been obtained, and shall file a copy of all required franchises with the Zoning Officer.

K. Signs. No portion of any tower or related structure shall be used for a sign or other advertising purpose including, but not limited to, company name, phone number, banners, streamers, etc.

L. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection 6. No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage. There shall be no employees located on site. The facility may only be visited for routine maintenance and emergency repair. Parking: a minimum of two off-street parking spaces shall be provided for a tower. The parking shall conform to the parking standards of this chapter. Access: adequate emergency and service access shall be provided. Access roads shall comply with the Township subdivision and land development Ordinance [Chapter 22A]. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. All towers and buildings shall provide for Township emergency services equipment, transponders, etc, at no cost to the Township in order to facilitate emergency response, emergency management and the like.

M. Multiple Antenna/Tower Plan. Lower Macungie Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

N. District Requirements.

[Amended by Ord. No. 2020-01, 2/6/2020]

(1) New towers or co-located antennas shall not be permitted within any agricultural/rural, rural, semi-rural, suburban or urban zoning district, residential subdivision or residential apartment or condo complex. No antenna shall be located or mounted upon single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

(2) Co-located antennas or replacement towers and antennas shall be allowed as of right in any commercial, industrial and office, research, light industrial center (ORLIC) zoning district. New towers and antennas shall be allowed as a conditional use in any commercial, industrial and office, research, light industrial center (ORLIC) zoning district. In all cases, the wireless facilities, antennas, towers and the like shall comply with the Lower Macungie Township Small Cell Design Guidelines.

(3) Natural and Historic Preservation. Any tower or antenna shall comply with all natural resource preservation ordinances. In addition, no tower or antenna shall be located on a building or structure that is listed on a historic register, is in a historic district, or has been designated by the Township to be of historic significance.

O. Demonstration of Need.

(1) Unique Site. The applicant shall demonstrate, using technological evidence, that the tower or antenna must go where it is proposed in order to satisfy its function pursuant to the company's technological requirements.

(2) Good Faith Effort. Prior to proposing the construction of a new tower, the applicant shall demonstrate that a reasonable effort has been made to site the antenna on an existing structure within close proximity of the chosen site. At all times, shared use of existing towers shall be preferred to the construction of new towers. In addition, documentation shall be provided to show that the applicant has contacted by certified mail, return receipt requested, all tower owners within a one-mile radius of the proposed site and give the physical and/or financial reasons why shared usage is not practical.

P. Visual Impact Assessments. The applicant shall be required to undertake a visual impact assessment of any proposed new tower or any proposed modification to an existing tower to include:

(1) A "zone of visibility map," provided in order to determine locations where the proposed tower or antenna may be seen.

(2) Pictorial representations of "before and after" views from key viewpoints, both inside and outside of the Township, where the proposed tower or antenna may be seen.

(3) Assessment of alternative tower designs and color schemes.

(4) Assessment of the visual impact of the tower base, accessory buildings, and overhead utility lines from abutting properties and streets.

Q. Antennas and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted at the direction of the Township.

[Added by Ord. No. 2020-01, 2/6/2020]

R. In areas where all utilities are required to be placed underground, any ground-mounted related equipment associated with an antenna shall be placed underground. Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features in accordance with the Lower Macungie Township Small Cell Wireless Facility Design Guidelines.[1]

[Added by Ord. No. 2020-01, 2/6/2020]

[1] Editor's Note: Said guidelines are included as an attachment to this chapter.

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

[Added by Ord. No. 2020-01, 2/6/2020]

T. Any proposed underground vault related to antennas shall be reviewed and approved by the Township for safety and sound design per building code.

[Added by Ord. No. 2020-01, 2/6/2020]

U. Related equipment attached to the antenna support structure shall have 12 feet of vertical clearance above finished grade.

[Added by Ord. No. 2020-01, 2/6/2020]

V. For any proposed antenna and related equipment that will be located on a structure owned by a party other than the Township, the applicant shall submit evidence to the Township that the owner of the structure has granted the applicant permission to attach the proposed antenna and any related equipment.

[Added by Ord. No. 2020-01, 2/6/2020]

W. The Township shall have the right to deny any application based upon the following health, safety or general welfare concerns:

[Added by Ord. No. 2020-01, 2/6/2020]

(1) The location of any equipment or apparatus that may hinder or impede pedestrian access, ADA access, bicycle access, etc.

(2) The location of any equipment or apparatus that may be hit or damaged by snow plowing activities including snow plow blades, snow piles, etc.

(3) The location of any equipment or apparatus that may be flooded or inundated with water in any stormwater or flooding conditions.

(4) The equipment or apparatus obstructs view of any traffic signal or official traffic sign.

X. Any proposed antenna and associated equipment and apparatus shall require the submission of an accurate to scale photo simulation/rendering with submission to the Township showing at least three points of view of the proposed antenna.

[Added by Ord. No. 2020-01, 2/6/2020]

Y. In the event that any tower or antenna must be relocated, the owner and/or operator of the tower or antenna shall bear the cost of such relocation.

[Added by Ord. No. 2020-01, 2/6/2020]

Z. Upon submission of an application for any new tower, pole or nonco-located apparatus, the new equipment shall be considered a conditional use and require the scheduling of a public hearing upon the application, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Township prior to the hearing.

[Added by Ord. No. 2020-01, 2/6/2020]

AA. In addition to the applicable requirements of § 27-2407, Subsection 2A through Z above, the following requirements of this § 27-2407, Subsection 2AA shall apply to all towers and antennas located within the public rights-of-way:

[Added by Ord. No. 2020-01, 2/6/2020]

(1) All towers and antennas in the public rights-of-way shall meet the definition of a small WCF.

(2) Antennas in the public rights-of-way shall be as a priority, located or co-located on existing poles, such as existing utility poles, light poles, or traffic lights. As a first priority, antennas shall be located or co-located on existing structures within public or private parking lots. As a second priority, and upon showing that no suitable sites of the first priority are technically feasible, towers and antennas meeting the definition of a small WCF shall be located within the public rights-of-way.

(3) Towers shall not be located in the front yard area of any residential, commercial, industrial or other habitable or ornamental structure.

(4) No towers shall be located within the sight triangle of any intersection.

(5) The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all antennas and towers in the public rights-of-way based on public safety, traffic management, physical burden on the rights-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utilities Code.

(6) Antennas, towers and related equipment in the public rights-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Township following technical review. In addition:

(a) In areas where all utilities are required to be placed underground, any ground-mounted equipment associated with an antenna or tower shall be placed underground. Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features in accordance with the Lower Macungie Township Small Cell Design Guidelines.[2] No towers shall be erected in areas where all utilities are required to be placed underground.

[2] Editor's Note: Said guidelines are included as an attachment to this chapter.

(b) Any graffiti on the tower or on any related equipment, antenna support structure, or base station shall be removed at the sole expense of the owner within 30 days of notice by the Township.

(7) Design regulations. All towers and antennas in the public rights-of-way shall comply with the requirements of the Lower Macungie Township Small Cell Design Guidelines.

(8) Within 90 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower the public rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any tower when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

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

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency as determined by the Township.

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

3. Permitted Uses. Antennas or towers located outside of the public rights-of-way on property owned, leased, or otherwise controlled by Lower Macungie Township are deemed permitted without further zoning approval, provided that Lower Macungie Township has, in its sole discretion, entered into a license or lease for the same with third parties setting forth the criteria for occupancy.

[Amended Ord. No. 2020-01, 2/6/2020]

4. Antenna Co-location.

[Amended Ord. No. 2020-01, 2/6/2020]

A. Height.

(1) An existing tower outside of the public rights-of-way may be modified or rebuilt to a greater height, not to exceed 30 feet over the pole or tower's existing height, to accommodate the collocation of additional antenna. The maximum height of the final tower shall be 50 feet or the premodification height of the tower, whichever is greater. Modifications that do not constitute a substantial change shall be exempt from the requirements of this § 27-2407, Subsection 4A(1).

(2) The height change referred to in the foregoing Subsection 4A(1) above shall not require an additional distance separation as set forth in Subsection 5. Rather, the tower's premodification height shall be used to calculate such distance separations.

B. On-Site Location.

(1) A tower which is being rebuilt to accommodate the collocation of additional antenna may be moved on site within 50 feet of its existing location.

(2) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(3) A relocated on-site pole or tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection 5A(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection 5B(5).

(4) The on-site relocation of a pole or tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection 7B(5) shall not be permitted.

C. Applicants proposing the improvement, upgrade or expansion of an existing pole or tower that does not substantially change the dimensions of the antenna support structure shall obtain only a building permit from the Township. Such improvement, upgrade or expansion of an existing tower that does not substantially change the dimensions of the antenna support structure shall not require conditional use approval if all other parts of this section are in compliance. In order to be considered for such permit, the applicant must submit a permit application to the Township in accordance with applicable permit policies and procedures. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application.

(1) Within 30 calendar days of the date that an application for a co-located antenna is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

(2) Within 60 days that an application for a co-located antenna that meets the definition of a small WCF is filed with the Township, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

5. Special Exceptions.

A. General. The following provisions shall govern the issuance of special exceptions for towers or antennas by the Zoning Hearing Board.

(1) Siting

[Amended Ord. No. 2020-01, 2/6/2020]

(a) Construction of a tower outside the public rights-of-way or placement of an antenna not authorized under Subsection 3 or 4 may be permitted only by conditional use in the Commercial; Industrial; and Office, Research, and Light Industrial Center (ORLIC) Zoning Districts.

(b) Antennas and towers meeting the definition of a small WCF shall be permitted in all zoning districts in the public rights-of-way along arterial roads and collector roads as per the official Lower Macungie Road Classification Map conditioned upon the following provisions:

1) No small WCF, equipment or apparatus shall be located so as to abut upon the front yard or front of any primarily residential structure. Any small WCF abutting a primarily residential structure on the side or rear must provide a distance of no less than 75 feet from the structure.

2) No new pole shall exceed the height of the immediately surrounding existing poles or streetlights.

3) The Township may require the applicant to install a functional streetlight when technically feasible.

4) All small WCFs shall comply with the Lower Macungie Township Small Wireless Facility Design Guidelines.[3]

[3] Editor's Note: Said guidelines are included as an attachment to this chapter.

(2) Applicants for special exception under this subsection shall be subject to the procedures and requirements of §§ 27-2401 through 27-2405, except as modified in this section.

(3) In granting a special exception, the Zoning Hearing Board may impose conditions to the extent the Zoning Hearing Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer, as appropriate within such engineer's competence.

(5) An applicant for a special exception shall submit the information described in this section and a nonrefundable fee as established from time to time by resolution of the Board of Commissioners of Lower Macungie Township.

B. Towers.

(1) Information Required. In addition to any information required for special exception applications generally, applicants for a special exception for a tower shall submit the following information:

(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when the site and all properties within the applicable separation distances set forth in Subsection 5B(v), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and such other information deemed by the Zoning Officer to be necessary to assess compliance with this chapter, as amended.

(b) Legal description of the subject tract or parcel.

(c) The setback distance between the proposed tower and the nearest residential unit, the nearest property lines of platted residentially zoned property, and unplatted residentially zoned properties.

(d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection 5B(4)(c) shall be known on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(e) A landscape plan showing specific landscape materials.

(f) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(g) A sworn and notarized affidavit by the applicant of compliance with Subsections 2.C, D, E, F, G, J, L and M, 5.B(4) and B(5) and all applicable federal, state or local laws.

(h) A sworn and notarized affidavit by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in Lower Macungie Township.

(j) A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures, to provide the services to be provided through the use of proposed new tower.

(k) A description of the feasible location(s) of future towers or antennas within Lower Macungie Township based upon existing physical, engineering, technological or geographical limitations, in the event that the proposed tower is erected.

(l) Accommodation of Future Users. All towers permitted after the effective date of this chapter must be engineered to provide the structural capacity and the space necessary to accommodate additional new users. The plans submitted to the Township shall clearly indicate which portion(s) of the tower which will be reserved for future users.

(m) Township Emergency Communications Network. In addition to providing the structural capacity and space to accommodate future commercial users, the applicant must also dedicate space on the new tower to be used by the Township Emergency Communications Network. The plans submitted to the Township shall clearly indicate which portion(s) of the tower that shall be dedicated, free of charge, to the Township for this purpose.

(2) Factors Considered in Granting Special Exception for Towers. In addition to any standards for consideration of special exceptions generally, the Zoning Hearing Board shall consider the following factors in determining whether to issue a special exception:

(a) Height of the proposed tower, which shall not exceed 200 feet.

(b) Proximity of the tower to residential structures and residential district boundaries.

(c) Compatibility with uses on adjacent and nearby properties.

(d) Surrounding topography.

(e) Surrounding tree coverage and foliage.

(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(g) Proposed ingress and egress.

(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers and structures, as discussed in Subsection 5.B(3).

(i) Demonstration of need requirement as set forth in Subsection 2.O.

(3) Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Hearing Board that no existing tower, structure, or alternative technology that does not require the use of new towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Zoning Hearing Board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d) The applicant's proposed antenna would cause unacceptable electromagnetic interference with the antenna on the existing towers or structures would cause unacceptable interference with the applicant's proposed antenna.

(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures (such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system) is unsuitable. However, costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4) Setbacks. The following setback requirements shall apply to all towers for which a special exception is required:

(a) Towers must be set back from any adjoining lot line a distance equal to at least 75% of the height of the tower.

(b) Guys and accessory buildings must satisfy the zoning district's minimum setback requirements.

(5) Separation. The following separation requirements shall apply to all towers and antennas for which a special exception is required:

(a) Separation from off-site uses/designated areas.

1) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 27-24-1, except as otherwise provided in Table 27-24-1.

2) Separation requirements for towers shall comply with the minimum standards established in Table 27-24-1.

3) Table 27-24-1:

Off-site Use/Designated Area	Separation Distance
Single-family or duplex residential units. Includes modular homes and mobile homes used for living purposes	100 feet or 100% height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300% height of tower, whichever is greater. Separation measured from base of tower to closest building setback line
Vacant unplatted residentially zoned lands. Includes any unplatted residential use properties without an approved preliminary subdivision plan or other valid development plan approval, and any multifamily residentially zoned land greater than duplex	100 feet or 100% height of tower, whichever is greater
Existing multifamily residential units great than duplex units	100 feet or 100% height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses	None; only setbacks apply

(b) Separation Distances Between Towers.

1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 27-24-2.

2) Table 27-24-2: Existing Towers-Types.

[Amended Ord. No. 2020-01, 2/6/2020]

	Lattice	Guyed	Monopole 75 Ft. in Height or Greater	Monopole less than 75 Ft. in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 50 feet in height or greater	1,500	1,500	1,500	750
Monopole less than 50 feet in height*	750	750	750	750

*

Where a minimum separation distance results in limitation or inhibition for a provider to obtain its desired level of service, a waiver may be granted by the Board of Commissioners with submission of evidence showing that enforcement of the minimum separation distance will materially inhibit the provider's provision of wireless service in the Township.

(6) Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height, with an appropriate anticlimbing device.

(7) Landscaping. The following requirements shall govern the landscaping surrounding towers outside the public rights-of-way, for which a special use permit is required.

[Amended Ord. No. 2020-01, 2/6/2020]

(a) An evergreen screen can be required to surround the tower and any other ground level features such as a building. The screen can be either a hedge (planted three feet on center maximum), or a row of evergreen trees (planted 10 feet on center maximum) and shall blend with existing vegetation to the greatest extent possible. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(b) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(8) Within 30 calendar days of the date that an application for a tower is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. All applications for towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such towers and the Township shall advise the applicant in writing of its decision.

[Added by Ord. No. 2020-01, 2/6/2020]

(9) Within 90 days of receipt of a complete application for a small wireless communications facility (WFC) requiring installation of a new antenna support structure, the Township shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

[Added by Ord. No. 2020-01, 2/6/2020]

6. Buildings or Other Equipment Storage.

A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(1) The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 20% of the roof area.

(3) Equipment storage buildings or cabinets shall comply with all the applicable building codes, as amended from time to time.

B. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following. In Office, Research and Light Industrial Center (ORLIC) or Industrial Districts, the equipment cabinet or structure shall be no greater than 10 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by a dense planting screen with an ultimate height of at least six feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by an opaque fence eight feet in height minimum or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.

C. Antennas Located on Towers Outside of the Public Rights-of-Way. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.

[Amended Ord. No. 2020-01, 2/6/2020]

7. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated, and for which there is no intent or attempt to operate, for a continuous period of time of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days after receipt of notice from Lower Macungie Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety-day period shall be grounds to remove the tower or antenna, at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users have abandoned the tower or antenna. A sum sufficient to cover the cost of removal must be posted as cash escrow or acceptable equivalent with the Township. The amount required shall be determined in the sole discretion of the Board of Commissioners, based upon the unique characteristics of the tower or antenna or site. The applicant and/or owner shall cooperate with the Board of Commissioners in supplying all necessary construction data to the Board of Commissioners prior to the approval of any application. Cost estimates shall be reviewed and recommended by the Township Engineer.

8. Annual Certification and Permit. In January of each year, an inspection shall be performed by an independent engineer acceptable to the Township and paid by the applicant and verification shall be provided to the Township Zoning Officer that there have been no changes in the operating characteristics of the tower or antenna as approved at the time of the special exception application, including at a minimum:

A. Direction of the signal.

B. Frequency, modulation, and class of service.

C. Transmission and maximum effective radiated power.

D. Manufacturer, type and model of equipment.

E. Height of the antenna or tower.

F. Name, address and emergency telephone number of the operator.

G. Copy of the current FCC license.

H. Review of all reasonable requests of shared use of the tower.

9. Nonconforming Uses.

A. Not Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provision of Subsection 1.C shall not be deemed to constitute the expansion of a nonconforming use or structure.

B. Preexisting Towers. Preexisting towers shall be allowed to continue their use as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Subsection 7 above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt in like kind without having to meet the separation requirements specified in Subsections 5.B(4) and (5). The type, height, and location of the tower on site shall be of the same type and intensity of array as the original facility approval. Building permits to rebuild the tower or antenna shall comply with the then-applicable-building codes and shall be obtained within 180 days from the date the tower or antenna is damaged or destroyed. If no permit is obtained or if said permit expires, then the tower or antenna shall be deemed abandoned as specified in Subsection 7.

§ 27-2408 All Conditional and Special Exception Uses Not Listed in §§ 27-2406 and 27-2407.

[Ord. No. 2019-10, 8/1/2019]

1. All conditional uses not regulated or noted in this Part shall comply with all other portions of this Zoning Ordinance and the adopted Lower Macungie Township Design Guidelines, where applicable.[1]

[1] Editor's Note: Said Design Guidelines are included as an attachment to this chapter.

§ 27-2409 Gated Residential Subdivisions or Land Developments.

[Ord. No. 2019-10, 8/1/2019]

All residential subdivisions or land developments whose entrances are gated to provide restricted vehicular access shall provide all police, fire, and emergency services providers serving the area of the subdivision or land development with keys to such gates or equivalent means of immediate entry, so as to provide twenty-four-hour, 365-day per year public safety access to the dwellings in the subdivision or land development.

§ 27-2410 Active Adult Residential Community within the Urban Residential Overlay District.

[Ord. No. 2019-10, 8/1/2019]

1. This use shall be a residential development that meets the following qualifying criteria:

A. Restricts the age of its residents to age 55 and older in accordance with Subsection 4.Q, hereafter.

B. Consists of not less than 30 contiguous acres under common equitable or legal ownership (such contiguous acres may include multiple land parcels).

C. Provides significant related private passive open space and recreation space and facilities to its residents.

D. Includes private internal streets, landscaped buffer areas along public streets, and private on-site recreational facilities.

E. Is a unified development pursuant to the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq., or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

F. Complies with all provisions of this section and other applicable provisions of this chapter.

2. The provisions herein applicable to this use recognize the reduced demands of such residential communities (compared to non-age-restricted housing) for parking, water/sewerage flows, and other municipal services, and appreciates the sense of community and lessened private maintenance responsibilities associated with age-restricted homes being located closer together than in other forms of single-family developments not involving a community owners' association.

3. Within, and as a part of an active adult residential community, the following uses are permitted:

A. Uses Permitted by Right.

(1) Agriculture.

(2) Forestry.

(3) Club, lodge or social building.

(4) Place of worship.

(5) Single-family detached dwelling.

(6) Single-family semidetached dwelling.

(7) Single-family attached dwelling including groupings of not more than four connected dwelling units.

(8) Clubhouses, community centers, private recreation facilities, areas, and amenities, provided such uses are for the exclusive use of the residents of the active adult residential community and their guests, and excluding retail or commercial uses except retail sales to residents or their guests incidental to a clubhouse, social hall, or similar use within the community.

B. Uses Permitted by Condition.

(1) Bed-and-breakfast.

(2) Day-care center, provided it serve only residents of that active adult residential community and their families.

(3) Facilities owned and operated by the Township, county, state or federal government, or agencies thereof.

(4) Life care center, provided it serves only residents of that active adult residential community and their families.

(5) Group care facility, provided it serves only residents of that active adult residential community and their families.

(6) Home occupation.

C. Uses Permitted by Special Exception. Any use of the same general character as those uses permitted by right and condition by this section. Evidence shall be submitted documenting the similarity and difference between the proposed uses and the uses permitted by right or condition to which the proposed use is most similar.

D. Accessory Uses. Accessory uses on the same lot and customarily incidental to the permitted active adult residential community use are permitted by right by this section. These accessory uses include those listed in § 27-1708 of this chapter, except that the following accessory uses are excluded from an active adult residential community use:

(1) Private buildings and structures.

(2) Detached garages and carports.

(3) Drive-in stands and farm stands.

(4) Recreational vehicles, except that truck-mounted campers, folding tent campers, snowmobiles, minibikes, all-terrain vehicles, and go-carts are permitted, while motor homes, travel trailers, boat trailers, and other large recreational vehicles not specifically permitted by this Subsection 3.D are not permitted.

(5) Private swimming pools; additionally, the term "accessory use" shall also not include any retail or commercial use and all accessory uses shall comply with all yard and related regulations of this section.

4. All active adult residential community uses shall comply with the following general performance standards:

A. Sections 27-606 and 27-607 shall not apply to active adult residential community uses, except as provided herein.

B. All active adult residential community uses shall be connected to public water and sewerage systems.

C. The minimum tract size for any active adult residential community use shall be 30 contiguous acres.

D. The maximum density for the active adult residential community shall be 6.0 dwelling units per acre in the Urban Residential Overlay District.

E. Each dwelling unit shall have a minimum building setback of 40 feet from the centerline of any private street and 20 feet from the ultimate right-of-way of any public street; such building setbacks shall be in addition to any required buffer yards.

F. No building (including attached structures, decks or patios) shall be closer than 20 feet to the cartway of any private road, to the ultimate right-of-way of any public road, or to any other building, including its attached structures, decks or patios (except as herein provided); however, an accessory storage shed of the size permitted by § 27-418.1.A(6) of this chapter may be placed any distance from the principal dwelling of the owner of the shed, provided it is at least 10 feet from any building, structure, accessory shed, deck or patio of an adjacent dwelling. Each building containing dwelling units shall be surrounded in the side and rear yards (for front yard, see Subsection 41 below) by a green belt for grass and landscaping (and may include a shed as herein permitted) that is a minimum of 10 feet deep.

G. The maximum height of any building shall be 35 feet.

H. Every private street cartway shall be a minimum of 30 feet in width; all public streets shall conform to the Township standards for that street's classification.

I. All internal streets shall be privately owned and maintained as herein provided.

J. Each dwelling unit driveway shall enter onto an internal street or parking court system within the Community and no driveway shall enter directly onto a public street in the Township unless specifically approved by the Board of Commissioners.

K. Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township limited-access arterial or limited-access collector public road shall incorporate a twenty-foot buffer yard in accordance with § 27-1803 of this chapter. Such buffer yard shall include a minimum three-foot-high earthen berm, or a minimum three-foot-high earthen berm/retaining wall combination, along that portion of the tract which abuts that public road. Such buffer shall be in addition to the building setback requirements of this section. Any fencing between any dwellings and any such limited-access arterial or limited-access collector public road shall be constructed outside of any such buffer yard and shall be required by condominium or homeowner association covenants running with the land to be uniform in design, construction and appearance along the frontage with the public road.

L. Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township non-limited-access arterial or collector public road shall be required to incorporate the reverse frontage lot provisions specified in §§ 22A-704, Subsection 2B and C, and 22A-705.1.G, of the subdivision and land development Ordinance [Chapter 22A].

M. Not more than 50% of the lineal frontage of any dwelling unit shall consist of a paved surface; with the remainder to be in "green space" consisting of grass, landscaping or plantings.

N. Each dwelling unit shall have a minimum floor area of all nonbasement, nongarage floors of 1,500 square feet.

O. Each dwelling unit shall be subject to a condominium association or homeowners' association.

P. An active adult residential community shall require the condominium association or homeowners' association to maintain all private streets and other commonly owned or association-owned areas and facilities, and all residents of the community shall be required to pay necessary fees to the appropriate association for such maintenance in a form acceptable to the Township Solicitor.

Q. The dwelling units within an active adult residential community are intended to and shall be considered as "housing for older persons" and "intended and operated for occupancy by persons 55 years of age or older," as those terms are defined and limited in § 805(d)(2)(c) of the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c), as amended, and regulations promulgated (or promulgated in the future) thereunder (the "Fair Housing Act").

(1) Such age restrictions shall be incorporated in appropriate deed restrictions, development covenant, lease, or other appropriate instrument intended to govern occupancy of the dwelling units in the community. The enforcement of such age restrictions shall be the primary responsibility of the community's condominium or homeowners' association as set forth in such instruments. The Township shall have no obligation whatsoever to enforce the age restriction provisions set forth herein. However, the Township shall have the express right, to be stated in the applicable recorded deed, lease, covenant, or other instrument, to enforce at law or equity such restrictions, conditions, or covenants, as the Township in its sole discretion deems appropriate.

R. If the dimensional requirements of this section conflict with dimensional requirements otherwise applicable under this chapter, the provisions of this section shall apply.

5. All active adult residential community uses shall comply with the following recreational performance standards:

A. The active residential community use shall comply with the open space and recreation areas requirements of § 22-710.3, of the Lower Macungie Township subdivision and land development Ordinance of 1998 ("SALDO") [Chapter 22A], as amended, except as stated herein.

B. AM Active Adult Residential Communities shall provide open space (as defined in § 27-202 of this chapter) either as publicly dedicated open space and/or recreation space, or as privately owned open space and/or recreation space as permitted by this Subsection 5, for a minimum total of 35% of the gross area of the active adult residential community tract within the Township. All land to be included in this 35% calculation shall comply with the definition of "open space" in § 27-202 and vacant land within buffer yards or utility easements may be included for the purposes of the 35% calculation.

C. Pathways.

(1) All active adult residential communities shall provide a bituminous-paved pathway for walking and bicycle riding, in accordance with § 22C-105 of the Standards for Improvements Construction (Bicycle Paths) of Lower Macungie Township [Chapter 22C], as amended, along an appropriate course through the open space areas of the community tract, initially selected by the applicant for the community, such course subject to the approval of the Board of Commissioners in their reasonable discretion. If such pathway is upon private lands of the community, the pathway shall not be open for public use.

(2) When such tract includes or is adjacent to a stream, creek, or other established natural waterway, the applicant for the community shall include in an offer for dedication to the Township (see below) a pathway [as described in Subsection 1.C(1) above] whose course shall be roughly parallel to and just outside of the floodway of the stream. That pathway's course shall extend along the full length of the waterway within the tract so as to provide both residents of the community and members of the public access to the stream-side environment. In connection with such pathway, the applicant for the community shall offer for dedication to the Township in fee subject to acceptance by the Township, at its sole discretion, an area including the paved pathway and the land between the paved pathway and the streambed, such deed of dedication to include an easement for the Township to gain access to the dedicated area for maintenance purposes. However, in the event the Township does not accept this offer of dedication, this Subsection 5.C(2) shall not apply and in that event only Subsection 1.C(1), above, shall apply. Notwithstanding the foregoing, the applicant for the community shall in any event provide to the Township one access right-of-way of record as set forth § 22A-710.3.A(2), of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended, so as to provide the Township a means of accessing for maintenance the stream, creek or other established natural waterway.

D. The conditional use application for an active adult residential community shall include a description of the types and locations of all recreational facilities that will be constructed within the community.

E. Every active adult residential community shall include an indoor community center (which need not be located within the Township but, if not within the Township, shall be on land of the community contiguous with the land of the community within the Township) that shall include a minimum of 30 square feet of interior building recreational space per dwelling unit in the community; indoor exercise/fitness facilities; a multipurpose room; a kitchen; and restrooms and other facilities appropriate and necessary for such community center.

F. The construction cost (as determined by the Board of Commissioners) of any indoor community center shall exceed the cumulative amount of any cash-in-lieu of land dedication (as required under § 22A-710.3.B, of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended) of the community's development application that may be, in its sole discretion, waived by the Township Board of Commissioners and by the governing body of any other adjacent municipality in which the active adult residential community is also situated.

G. The recreational facilities for an active adult residential community shall be privately owned and maintained by an owner's association and shall not be dedicated to the Township (except for any dedicated pathway area, as set forth in Subsection 5.C above).

H. The community center required by Subsection 5.E above shall be substantially completed and operational not later than the date when building permits for 30% of the dwelling units of the active adult residential community have been issued. All of the remaining recreational facilities and recreation areas to be constructed or included in the active adult residential community shall be fully constructed or completed for use by residents not later than the date when building permits for 50% of the dwelling units of the active adult residential community have been issued. If not completed on time, no more building permits shall be issued until the community center and remaining recreational facilities and recreation areas are completed, usable and operational.

I. The provisions of this subsection may be modified or waived by the Board of Commissioners, in accordance with § 22A-1106 of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended, and with § 512.1 of the Municipalities Planning Code, 53 P.S. § 10512.1. However, in no event may the Board of Commissioners waive or defer more than 1/2 of the total recreation land dedication and/or cash-in-lieu of land dedication as required for the Community's development application by § 22A-710, Subsection 3.B, of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended.

§ 27-2411 Alternative Energy Facilities.

[Ord. No. 2019-10, 8/1/2019]

1. Solar Energy Facility. A solar energy facility may be erected as long as it meets the applicable requirements of this chapter, all other applicable construction codes and the following criteria:

A. A solar energy facility shall have a twenty-foot buffer yard along the side and rear lot lines that shall comply with § 27-1803 of this chapter.

B. Each solar panel contained in a solar energy facility shall comply with this chapter, except that a solar energy facility may be used for the sale of energy to other users.

C. On or before January 1 of each calendar year, the owner of a parcel of property upon which a solar energy facility is located shall provide the Township with: (1) the name of the certified operator of the solar energy facility; (2) the inspection protocol; (3) the emergency procedures and contact information; and (4) general safety documentation.

D. A solar energy facility shall be permitted only on a parcel of property that is larger than 10 acres in size. Any required on-site parking is allowed if spaces can be achieved underneath solar panels.

E. Land development applications are required.

F. Any mechanical equipment shall be screened by a fence or dense vegetation subject to approval of the Zoning Officer.

G. The maximum height for a solar panel, which shall be measured from the lowest elevation of the ground beneath the panel to the highest portion of the panel, shall not exceed 20 feet, unless there is parking provided underneath.

H. The ground surface below the solar panels shall be maintained with ground cover or other surface to prevent soil erosion, except where parking is provided underneath.

2. Wind Energy Facility. A wind energy facility may be erected as long as it meets the applicable requirements of this chapter, all other applicable construction codes and the following criteria:

A. Each wind turbine contained in a wind energy facility shall comply with this chapter, except that a wind energy facility may be used for the sale of energy to other users and the maximum height of each wind turbine shall be the maximum building height as permitted in the district where the wind turbine is located.

B. A wind energy facility shall have a twenty-foot buffer yard along the side and rear lot lines that shall comply with this chapter.

C. A security fence measuring at least six feet in height shall be erected around the perimeter of a wind energy facility.

D. On or before January 1 of each calendar year, the owner of a parcel of property upon which a wind energy facility will be located shall provide the Township with: (1) the name of the certified operator of the wind energy facility; (2) the inspection protocol; (3) the emergency procedures and contact information; and (4) general safety documentation.

E. A wind energy facility shall be permitted only on a parcel of property that is larger than 10 acres in size.

§ 27-2412 Mixed-Use Development in the C-Commercial District.

[Ord. No. 2019-10, 8/1/2019]

1. Purpose and Qualifying Criteria.

A. Multifamily apartment dwellings in the C-Commercial District are deemed to be desirable forms of development in order to reduce traffic congestion by locating residential and nonresidential uses in close proximity, thus providing for varied peak traffic times and reducing off-site trips.

B. A walkable design for pedestrians shall be a priority, and where applicable, multifamily apartment dwellings shall have an interconnected street and walkway system to produce a safe and comfortable pedestrian environment which is open to the public.

C. Such communities shall provide for positive economic benefits to the Township and provide housing choices for Township residents.

D. Such communities shall effectively protect important natural features of the site.

E. Such communities shall utilize sustainable design practices where practical.

2. Multifamily apartment dwellings shall comply with the following general performance standards:

A. Public water and sewerage service is required.

B. All utility service lines shall be placed underground.

C. Direct access to an arterial road is required and the dwellings shall be within a 1/2 mile walk of neighborhoods and other business destinations.

D. Buffer yards shall be provided as set forth in § 27-1803. In cases where a buffer yard would be required to be located in the floodplain or in a woodland, and if vegetation exists that provides equal or greater visual protection to adjacent property owners, no additional buffer plantings are required. The planting requirements of § 27-1803.1.D shall otherwise apply, except that buffer yards along arterial roads shall be designed to create a pedestrian-oriented streetscape. In addition to street trees, a combination of ornamental trees, shrubs and ground cover plants, and low-level berming outside of the right-of-way shall be required to soften the appearance of parking lots and buildings from the public view and shall also be elements of an arterial road buffer.

E. Pedestrian and bicycle pathway locations shall be coordinated with the Bicycle and Pedestrian Pathway Plan of Lower Macungie Township. Such pathways or sidewalks shall be provided within or adjacent to the community. All sidewalks and pathways shall be constructed in accordance with § 22A-805.9.

F. Full cut-off dark sky friendly fixtures shall be provided for all roadway and common area lighting to reduce light pollution, light trespass and glare. If there are security issues in certain locations, this standard may be modified in limited areas near buildings and parking lots.

G. The applicant shall consider LED fixtures for outdoor lighting in common areas to reduce power consumption.

H. Building elevations shall be provided for review and approval of the architectural scheme of the buildings during the conditional use process.

I. The lot area, width, building coverage and yard requirements applicable to the C-Commercial District as contained in §§ 27-10A07 and 27-10A08, shall apply. All of the requirements shall be applied on a development-wide basis, without regard to individual uses within the development.

J. There shall be at least one area with a bus shelter within or adjacent to the multifamily apartment dwellings use for public and private transportation pick-up and drop-off of passengers.

3. Notwithstanding anything to the contrary in § 27-1701, multifamily apartment dwellings shall be permitted only on a lot that contains one or more nonresidential principal uses that are permitted by right or condition in the C-Commercial District; provided, however, that a coordinated development of multifamily apartment dwellings and one or more nonresidential principal uses on multiple lots or parcels may be considered on a single lot or parcel for purposes of this paragraph and the requirements of §§ 27-1007, 27-1008 and Subsections 2, 5 and 6, subject to the following conditions:

A. The multifamily apartment dwellings use with nonresidential use(s) shall be in accordance with a unified site plan and architectural scheme approved by the Township during the conditional use and land development submission process.

B. If the multifamily apartment dwellings use is owned, built, or financed by multiple persons, the Township must receive satisfactory evidence that all such persons are legally bound to conform to the above-required unified site plan and architectural scheme and to insure long-term maintenance of the facilities.

C. The Township must receive satisfactory evidence of reciprocal cross easements which allow for common parking and which provide internal vehicular and pedestrian interconnections between the lots or parcels.

D. The Township must receive the following, which shall be subject to review and approval by the Township Solicitor:

(1) Copies of deed restrictions and/or easements that will apply.

(2) A description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities.

(3) Membership in the organization shall be mandatory for owners of the lot on which the multifamily apartment dwellings are located.

(4) The organization shall be responsible for maintenance of and insurance on common facilities, such as, but not limited to, stormwater management areas, common driveways, common landscaping, common lighting, and any other common elements or amenities shown on final plans.

(5) The members of the organization shall share equitably the costs of maintaining, insuring and operating common facilities and amenities.

4. For purposes of this section, the residential portion of a lot containing multifamily apartment dwellings shall mean any parcel, tract, building, or structure where the principal use located thereon or therein is multi- family apartment dwellings and 50% of any common area, accessway, or driveway shared by the residential and nonresidential principal uses on the lot. The nonresidential portion of a lot containing multifamily apartment dwellings shall mean any parcel, tract, building, or structure where the principal use(s) located thereon or therein is nonresidential, and 50% of any common area, accessway, or driveway shared by the residential and nonresidential principal uses on the lot.

5. The following are specific criteria which must be met by the mixed-use development in the C-Commercial District:

A. The maximum density shall be 8.5 dwelling units per acre of the residential portion of a lot; provided, however, acreage offered for recreation lands and dedicated to the Township for public use may be counted in the density calculation.

B. Stormwater management facilities shall be designed as amenities for the development and aesthetically enhance the multifamily apartment dwellings through integration of the facilities into the overall landscaping plan of a lot.

C. Sidewalks, a minimum width of five feet wide, shall be provided within the residential community, linking common parking areas to all building entrances and allowing for walkable connections between buildings. Furthermore, sidewalks shall be provided which link the residential portion to the nonresidential portion.

D. Dominant exterior materials of the buildings must include a combination of wood, brick, stone, concrete masonry units such as split face block or block molded with a textured surface, fiber cement, glass, vinyl, stucco or synthetic stucco. Dominant building and roof colors must be low reflectance, neutral or earth toned. The use of high intensity colors, metallic colors and black is prohibited, although building trim and accents may feature brighter colors.

E. No residential building shall have more than 60 linear feet in continuous wall without a minimum 18 inches horizontal articulation of the building facade which may include changes in building plane and/or materials to break up the scale of the facade. Such articulation may include, but is not limited to, projecting bays, changes in roofline, recessed entries, patios, and balconies. Such setbacks shall be at least two feet in depth.

F. The maximum length of a building shall be 220 feet.

G. No building shall be located closer than 50 feet to any other building.

H. No building shall be located closer than 15 feet to off-street parking areas, unless the area serves as access to a garage. No building shall be located closer than 15 feet to an internal driveway.

I. The minimum floor area for a one-bedroom dwelling unit shall be 600 square feet, 800 square feet for a two-bedroom dwelling unit and 900 square feet for a three-bedroom dwelling unit.

J. The maximum height shall be 50 feet. However, there shall be a maximum of three stories of habitable space. Any additional height above the habitable space shall be to accommodate architectural features of the building.

K. The maximum number of units in a building shall be 36 except when such structure is shown to be a critical element in the overall design or is a focal point of the residential community. In such instances, more units in a building may be permitted as part of the conditional use approval, so long as the massing and articulation of such structures is sufficient to blend with the overall community.

L. A portion of the required number of parking spaces may be met through a reservation of 1/4 quarter space per unit in a reserve area for future parking. The Township may require the reservation for an indefinite period of time.

(1) Such reservation shall be documented in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and to provide the additional parking if the Township determines it is necessary.

(2) If reserved parking is proposed as part of the conditional use approval process, the applicant shall present a plan that depicts all of the required parking and shall designate those spaces to be held in reserve. The reserve parking area(s) shall be integrated with the overall traffic access and pedestrian access for the site and the reserve parking shall meet all other parking design standards; stormwater management for the reserve area must be designed and installed in the initial phase of development.

(3) The additional parking that is reserved shall be required to be kept as landscaped open area until such time as the Township may authorize the release of the land from the restriction, or until the Township requires that the land be developed as parking.

(4) The Township Zoning Officer will periodically review the sufficiency of the parking that is provided. If the Zoning Officer determines that the reserved parking is needed to meet actual demand, he/she shall provide written notice to the property owner. The property owner shall then have six months from the date of the written notifications to complete the construction of the reserved parking in accordance with Township specifications and the approved plans.

M. Roofs shall include parapets to conceal flat roofs and equipment where they exist, overhanging eaves of at least one foot, sloping roofs with an average slope between 3:1 and 1:1 and a variety in roof slope planes.

N. At least one bicycle rack or locker, allowing storage of at least five bicycles each, for every 25 dwelling units or portion thereof shall be provided.

6. The following specific criteria must be met by the nonresidential use(s) which are the same lot as or part of a coordinated development with the multifamily apartment dwellings:

A. The minimum building to building distance between nonresidential uses shall be 50 feet.

B. Building setbacks from major internal driveways used to provide access to the overall lot shall be a minimum of 25 feet and maximum of 45 feet to the edge of paving and a minimum of 20 feet to parking areas. In the case of on-street parking, there shall be a minimum fifteen-foot setback to the building.

C. The area devoted to nonresidential uses shall be at least 25% of the total lot acreage.

D. The maximum lot coverage of the nonresidential portion shall be 70%.

E. No free-standing single-tenant building other than a supermarket shall have a building footprint in excess of 20,000 square feet. A supermarket shall not have a building footprint in excess of 75,000 square feet.

F. Primary building entrances shall be accentuated with features such as canopies, overhangs and attractive lighting to provide prominent, aesthetic customer entrances and exterior pedestrian amenities.

G. Buildings shall be constructed of a combination of exterior materials with the architectural appearance to be compatible with the adjacent residential buildings. All buildings, including those on detached pads, shall be architecturally complementary with one another using compatible materials, colors, rooflines and other architectural amenities.

H. All sides of each building shall be designed and constructed with materials consistent with the front facade. Building facades shall be oriented to the commercial street so that utilities, trash bins and service entrances are not visible.

I. The building facade shall include projections, recesses, change of materials, and roofline variations in order to prevent long, unbroken expanses of wall. Where a building facade is visible from a public right-of-way or civic space and is greater than 100 feet in length, the design shall include variation in materials, window openings, or offsets of at least 18 inches in the building plane every 60 linear feet or less.

J. Heating, ventilation, air conditioning, and other mechanical elements shall be shielded from street level view.

K. Outdoor storage, sales and displays are prohibited along store fronts, but for vending machines and seasonal items, outdoor storage and sales areas shall be designated at the time of plan approval and shall be visually screened using materials and vegetation utilized in the shopping center.

L. Two bicycle racks or lockers, allowing storage of at least five bicycles each, shall be provided for every 15,000 square feet of gross floor area or portion thereof.

M. Continuous and uninterrupted sidewalks, a minimum of eight feet in width, with a six-foot minimum of unobstructed surface, shall be installed along all store frontages and connecting all attached portions of the commercial development. In cases where additional sidewalks are needed to allow for safe transit from parking areas to the entrances of the building, a sidewalk a minimum of six feet in width shall be provided. Internal sidewalks shall connect to existing sidewalks on abutting tracts and any nearby transit stops.

N. Raised pedestrian crosswalks shall be provided at major store entrances and major pedestrian street crossing areas.

O. A system of landscaped pedestrian walkways shall be provided within a parking lot to connect clusters of buildings and to provide separation of parking spaces from walkways for safe pedestrian circulation. Pedestrian walkways shall consist of an eight-foot-wide sidewalk and shall be linked to provide pedestrian access throughout the shopping center.

P. Customer loading and unloading zones in front of stores shall be located outside of primary access driveways.

Q. Any outdoor dining areas shall be separate from and in addition to the eight-foot-wide sidewalk.

R. Areas for outdoor dining shall be designated at the time of plan approval and shall be protected from vehicular traffic by use of planters, bollards, decorative wrought iron fencing, masonry knee walls, or equivalent enhanced with decorative vegetation.

S. Support structures for any awnings or pedestrian covers shall not encroach into the eight-foot-wide sidewalk.

T. Awnings and removable pedestrian covers shall not count as part of the building for purposes of calculating building coverage or setbacks from the roadways.

U. Decorative paving patterns shall be used in the walkways, accessways, and crosswalks to delineate pedestrian areas to provide visual awareness to motorists.

V. The off-street parking facilities must comply with the following:

(1) Off-street parking facilities shall comply with the applicable design standards of §§ 27-2302 and 27-2303.

(2) Each retail area group of stores containing more than 40,000 square feet of floor area shall be designed to include one "boulevard style" primary access which shall be lined with street trees and shall include a center median with vegetative landscaping.

(3) Parking lots shall be located to the rear or side of any buildings that have frontage on an arterial roadway.

(4) Shopping cart collection corrals shall be incorporated into the parking lot design for all retail buildings for which shopping carts are provided for customers. Roofed corral structures are not to be counted as part of the shopping center building coverage. Cart corrals may encroach into required yards subject to review and approval of the overall site design.

(5) Parking lots shall generally be designed so that the parking aisles are perpendicular to the building and shall be designed so that the internal roadway along the storefront(s) shall not be the primary means of accessing the store(s). Parking lots shall also be designed to minimize vehicular use of the roadway along the storefront(s) by encouraging the distribution of vehicles within the parking lot aisles via an access roadway along the opposite end of the parking lot(s) from the storefront(s) and providing intermediate internal roadway(s) through the parking lot(s) perpendicular to the parking aisles to limit the length of parking aisles.

(6) In order to enhance pedestrian safety, appropriate pedestrian linkages shall be provided within the parking lot(s) to allow pedestrian movement from the parking spaces to the buildings without the necessity of walking in the vehicular aisles.

(7) The required parking may be provided in a common parking lot so long as the total number of spaces provided is not less than the sum of the spaces required for each use. However, the overall number of parking spaces may be reduced below this total as part of the conditional use review if it can be demonstrated that the hours or days of peak parking demand needed for the uses are different and that fewer parking spaces will adequately serve the uses on the site.

(8) Fire lanes shall be identified and posted by the developer.

(9) Each layout shall provide access acceptable to the Township fire department to all buildings. Where required, paved surfaces and adequate turning radii shall be provided throughout the commercial site for Township emergency services equipment. Locked security gates restricting access to areas which are critical for emergency services such as firefighting must be equipped with lock boxes or an alternative system approved by the Township fire department to permit unimpeded access to those areas by Township emergency services.

§ 27-2413 Fueling Dispensing Stations.

[Ord. No. 2019-10, 8/1/2019]

1. The following are specific criteria which must be met by fuel dispensing stations:

A. A fuel dispensing station shall be owned and operated only by the person who owns and operates a supermarket, shopping center use or convenience store use.

B. Fuel dispensing stations shall comply with the applicable standards of § 27-2406.1.E.

C. Canopies for fuel dispensing islands shall be designed to have gabled roofs and shall not be flat or slanted in one direction only.

D. Building materials for the canopy and attendant station shall be architecturally compatible with the design of the development. Outdoor storage of supplies is prohibited.

E. Canopies for fuel dispensing islands shall be lit with recessed lighting under the canopy. Light sources shall be shielded from the view of surrounding properties.

F. Fuel dispensing stations shall provide protections satisfactory to the Township to prevent spills, to clean spills quickly and to prevent spilled fuel from entering the stormwater system. The protections required by this section may include, but are not limited to, employee training, spill and hazard kits, safety equipment on pumps and underground storage tanks and facilities in nearby stormwater inlets which block and collect spilled fuel to prevent contamination of the stormwater system. An ongoing inspection and maintenance program shall be provided.

G. Vehicular circulation at fuel dispensing stations shall be designed to provide adequate area between pumps to allow unimpeded travel between fuel dispensing islands when all fuel pumps are occupied. A minimum of three cars (one at the fueling pump and with two stacked behind) must be accommodated from whichever direction(s) cars may queue to the pump area.

H. Fuel dispensing stations shall provide adequate stacking for cars at each pump island without impeding interior traffic circulation.

I. An attendant is required to be on site during all hours of operation. The attendant's location shall enable the unobstructed view of each fueling facility.

J. Hours of operation shall be provided at the time of the conditional use approval. Hours of operation shall be limited to those hours not disruptive to the residential development.

K. A landscaped planter with a minimum of three-foot width shall be required to separate the fueling dispensing station from other uses.

L. The vent stack for the fuel storage tanks shall be located on the far side, away from the residential areas.

M. A minimum setback of 100 feet must be provided between the fueling station and any residential structures.

N. Where a fueling station is part of a site design where there is a convenience store, the convenience store shall provide for primary frontage orientation onto the abutting street to allow for pedestrian access with fuel pumps at the side or rear of the lot.

O. Electrical generators shall be required to operate fueling pumps during power outages so that fuel may be dispensed.

§ 27-2414 Places of Worship.

[Ord. No. 2019-10, 8/1/2019]

1. The following are specific requirements for places of worship within the Township:

A. A place of worship shall include no more than 4,000 square feet of interior space used for offices of the organization operating the place of worship.

B. A place of worship shall include not more than 8,000 square feet of interior space used for religious education.

C. A place of worship shall include not more than 8,000 square feet of interior space used for the purposes of social gatherings of the organization operating the place of worship.

D. A place of worship shall include not more than 4,000 square feet of interior space used for other and miscellaneous use directly related to the religious purposes of the organization operating the place of worship (such miscellaneous uses excluding, however, the sale of items or any retail use).

E. Any interior space of the place of worship larger than 33% of the interior space of the sanctuary or primary gathering place for the religious worship shall be deemed part of the permitted 4,000 square feet of such miscellaneous space, if not otherwise allocated to the aforesaid interior spaces for the primary sanctuary, offices, religious education, and social gatherings.

F. All uses, areas, grounds, and buildings associated with the place of worship, or portions of such, used for its purposes by the entity owning or operating the place of worship, in excess of the foregoing interior spaces, such as: rectory, convent, missionary's residence or other housing for clergy or other persons associated with the religious activity; classrooms or other areas used for religious instruction or other educational uses associated with the religious activity; offices associated with the religious activity; auditoriums, theaters, or the like; gymnasiums or other sports facilities, sports fields or courts; social activity rooms; picnic areas; libraries or the like; garages; rooms, stores, or areas in which items are offered for sale to the membership or to the general public; or any similar uses associated with the primary or principal use as a place of worship, shall not be deemed accessory uses, areas, grounds, buildings, or portions thereof, but shall be deemed separate and distinct primary or principal uses associated with the primary or principal use as a place of worship and shall each be regulated by the provisions of this chapter applicable to such separate primary or principal use, area, ground, building, or portion thereof. (For example, classroom areas shall be regulated as a primary or principal use under the provisions of this chapter applicable to educational institutions.)

G. However, notwithstanding anything to the contrary herein, § 27-1701.11.A (no more than one principal use per lot) of this chapter shall not be applicable to uses, buildings, or portions thereof deemed covered by this section.

§ 27-2415 Planned/Coordinated Commercial and Industrial Development.

[Ord. No. 2019-10, 8/1/2019]

1. Two or more commercial or industrial structures permitted in a particular zoning district may combine as a coordinated development subject to the following requirements:

A. The minimum lot size for any commercial or industrial development shall be two acres.

2. All development shall occur as part of a unified site plan with high-quality architectural schemes that are complimentary. A project design companion including, but not limited to, a coordinated set of drawings and reference photographs, shall be prepared and submitted for buildings, street views, landscaping, architecture design and pedestrian access and vehicular circulation. The design guidelines shall include, but are not limited to:

A. Architectural and landscaping standards.

B. Sign package.

C. Exterior building elevations including materials and facade treatments.

D. Sidewalks, crosswalks, streetscape and buffer areas, all fences and walls.

E. Screening of all parking areas.

F. Lighting, meeting the requirements of § 27-1805.

G. All other amenities proposed within the development such as outdoor seating areas, pavilions, gazebos, benches, trash receptacles and the like.

3. New development or uses shall respect the existing businesses, structures and character of the area in and around the development. Any new designs shall incorporate surrounding styles, uses and development schemes to create harmonious and cohesive neighborhood or development patterns utilizing high-value engineering and high-quality materials.

4. No less than 50% of the ultimate coordinated commercial development or coordinated industrial development, measured as a percentage of the gross floor area, shall be constructed upon issuance of building permits. No certificates of occupancy shall be issued for any use or structure within the development until at least 75% of the site is constructed or under substantial construction.

A. All structures and amenities shall be designed in accordance with the approved land development plan and the approved project design companion to the review and written satisfaction of the Township prior to issuance of building permits.

5. Structures may Either be Joined by Common Walls, or may be Separated. In either event, the entire coordinated development shall be considered as a single parcel, without regard to ownership. Driveways and parking areas shall be available to all structures through cross easement agreements which assure adequate parking and access in accordance with Part 23 hereof. Applicants may exercise shared parking options as set forth in this chapter with demonstration of compliance submitted and reviewed to the satisfaction of the Township.

6. All layout and design components of a proposed development shall provide for generous pedestrian interconnectivity between structures and site users. These sidewalks or pathways shall be shown on all development plans and within the project design companion for the proposed site.

§ 27-2416 Open Space Neighborhood Development.

[Ord. No. 2019-10, 8/1/2019]

1. Purpose. In addition to the general goals in the Zoning Ordinance sections, it is the purpose of these regulations to:

A. Conserve undeveloped land for the purpose of protecting open space in contiguous, unfragmented, commonly managed landscapes to: protect large, intact wildlife habitat areas and connect patches of wildlife habitat to support greater biodiversity, maintain ecosystem processes and allow larger, healthier populations to persist;

B. Contribute to the creation of a community-wide greenway system for the benefit of present and future residents;

C. Protect productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

D. Conserve existing landscape character by minimizing views of new development from existing roads, thereby reducing perceived density;

E. Encourage innovation and promote flexibility, economy and ingenuity in development;

F. Provide multiple development options for landowners to reflect their varying circumstances and the individual characteristics of their properties;

G. Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences;

H. Provide homes with direct views of greenway land, organized around common greens;

I. Provide for the conservation and maintenance of greenway land and for active or passive recreational use by residents;

J. Provide greater efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the impervious cover required for residential development;

K. Provide a wider range of feasible locations for stormwater and wastewater facilities in order to comply with prevailing state-of-the-art designs and best management practices;

L. Protect water quality and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes;

M. Implement natural resource conservation policies set forth in the Township's Greenway Plan;

N. Implement land use, open space, and community policies set forth in the Township Greenway and Recreation, Parks and Open Space Plans.

2. Total Dwelling Units. The total number of dwelling units permitted on a development site equals the sum of the following, each of which shall be itemized separately in a table on the plans. All overall site design shall comply with Township subdivision and land development Ordinance prior to any further lotting design as prescribed below:

A. Maximum number of dwelling units permitted in Section 104.E. where the calculated number of units shall be determined via provisions of the Township subdivision and land development (SALDO), Chapter 22A via Table 104.D.

B. For the avoidance of doubt, upon completion and design by utilizing Table 104.E and observing all other requirements of this section and SALDO including necessities for environmental features and the like; actual densities shall be as follows for each zoning district under by-right provisions for open space neighborhoods:

(1) R-Rural: 0.40 du/acre.

(2) SR-Semi-Rural: 1.5 du/acre.

(3) S-Suburban: 2.0 du/acre.

(4) U-Urban: 6.0 du/acre.

C. Any additional units permitted as the result of the discretionary density bonus.

3. Density and Land Use. Provisions of this section shall be permissible for use on proposed developments not less than 20 acres in size.

A. Number of Units Permitted.

(1) By right option, the maximum number of dwelling units shall be determined by a layout with conventional lotting using the dimensional standards in Table 104.E. The number of units permitted in the conservation subdivision shall equal the number of units on the yield plan, provided it meets the requirements of this section and all sections of the subdivision and land development Ordinance applicable to conventional lotting. 40% of the site must be set aside in greenway land in the Rural Zone and 35% required in all other zones except the Urban Zone, which shall be 30%.

Table 104.E Non-Open Space Development Ordinance Requirements
Standard	R	SR	S	U
Minimum lot area	2 acres	18,000 square feet	12,000 square feet	6,000 square feet
Minimum lot width	150 feet	100 feet	80 feet	60 feet
Front yard	35 feet	30 feet	25 feet	25 feet
Rear yard	35 feet	30 feet	25 feet	25 feet
Side yard	35 feet	15 feet	25 feet	10 feet
Open Space Development Options
Minimum lot area	1 acre	10,000 square feet	7,500 square feet*	5,000 square feet
Minimum lot width	100 feet	50 feet	50 feet	50 feet
Front yard	35 feet	30 feet	20 feet	20 feet
Rear yard	35 feet	30 feet	25 feet	20 feet
Side yard	30 feet	15 feet	10 feet	10 feet
Open space percentage	40%	35%	35%	30%

NOTES:
*	Up to 20% of the units with 5,000 square feet minimum lot size may be semidetached single-family residential.

(2) Wetlands, slopes greater than 25% and land under high-tension electrical transmission lines (69 kV or greater) and any other existing easements or encumbrances shall not be counted toward minimum lot area.

B. Yield plans may be utilized in lieu of compliance with Township subdivision and land development Ordinance Section and with tables in Section 104.E, and shall meet the following requirements:

(1) Yield plans shall be prepared as conceptual layout plans in accordance with the standards of the subdivision and land development Ordinance, containing proposed lots, streets, rights-of-way, and other pertinent features. Yield plans shall be drawn to scale. The layout shall be realistic, reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, riparian buffers, existing easements or encumbrances and, if unsewered, the ability of the site to utilize on-lot soils-based sewage disposal methods.

(2) The yield plan shall identify the site's natural resources, including slopes of 15% and greater and very steep slopes of 25% and greater, wetlands, floodplains, woodlands plan as required in § 22A-403.5 in the subdivision and land development Ordinance.

(3) On sites not served by central sewage disposal facilities, density shall be further determined by evaluating the number of homes that could be supported by individual soils-based sewage disposal methods.

C. Design Standards. Dwelling units shall be designed and constructed in a manner that conforms to Exhibit A: Lower Macungie Township Design Guidelines[1] in order to promote excellence in development and preservation of architectural character and heritage of the Township and Western Lehigh County. Additional design provisions shall apply as follows:

(1) The following unit types in a proposed development shall be permitted in each zoning district:

(a) R-Rural: single-family detached dwellings.

(b) SR-Semi-Rural: single-family detached dwellings with up to 30% single-family detached dwellings.

(c) S-Suburban: single-family detached dwellings comprising of at least 50% of all dwelling units, single-family semidetached dwellings at no more than 50% of all total dwelling units.

(d) U-Urban: All dwelling unit type permissible, including single-family detached dwellings, semidetached single-family dwellings, attached single-family dwellings (townhomes) and multifamily dwelling units (apartments).

(2) Dwelling units abutting existing neighborhoods shall conform to the dwelling types of the adjacent neighborhood/development.

(3) Habitable front porches at least six feet in depth shall be required on a minimum of 50% of all single-family homes and semidetached single-family home dwelling units. Front porches may extend six feet into the required front yard setback.

(4) Townhome dwelling structures shall not have any front-loading garages facing onto a street.

(5) Front-loading garages on any single-family home or semidetached single-family home dwelling units shall be recessed at least five feet from the main entry and the rest of the structure and include architectural enhancements.

(6) A variety in design of dwelling unit types/models should be programmed for execution into any proposal or application.

[1] Editor's Note: Said Design Guidelines are included as an attachment to this chapter.

D. Preservation of Historic Dwellings and Structures. To encourage the preservation of historic dwellings, such preserved dwellings shall not count toward the maximum number of dwelling units referenced above, provided:

(1) Such dwellings are at least 75 years old;

(2) The dwelling is preserved in accordance with the Secretary of the Interior standards; and

(3) The dwelling is placed in a landscape context that respects its historical status and appearance, as determined by the Township.

(4) Other accessory structures such as barns and the like are restored and preserved, or redeveloped per Township ordinance. These structures may also be converted into dwelling units that will not count towards the maximum count. A barn may be lawfully converted into a maximum of four unit dwelling units under the provisions of this chapter.

4. Greenway Land: Use and Design Standards.

A. Uses Permitted on Greenway Land.

(1) Conservation of open land in its natural state.

(2) Agricultural and horticultural uses, including raising crops or livestock, and related accessory buildings. Specifically excluded are commercial and intensive feedlot operations involving swine, cattle, poultry, mink, and other animals likely to produce highly offensive odors.

(a) Actively used agricultural accessory structures shall be permitted by conditional use as part of a proposed development utilizing this section.

(3) Horse farms, equestrian facilities and pastureland for horses shall be permitted, but shall not consume more than 50% of the minimum required greenway land. All aforementioned facilities shall be for recreational purposes only.

(4) Forestry in keeping with established best management practices for selective harvesting and sustained yield forestry as published by the Pennsylvania Bureau of Forestry.

(5) Preservation of existing woodlands or land set aside and planted for reforestation as part of an approved development.

(6) Publically held village greens, central commons, picnic areas, community gardens, trails and similar low-impact, passive recreational uses.

(7) Publically held active noncommercial recreation areas, such as playing fields, playgrounds, splash pads and bikeways, not requiring supporting structures. Such recreational uses shall meet the following standards:

(a) Such areas shall not consume more than 50% of the minimum required greenway land.

(b) Publically held playing fields and playgrounds shall not be located within 100 feet of the tract boundary or a dwelling unit within the development parcel.

(c) Minimum parking facilities for the same, as determined by the Township, may also be permitted. Such lots may be paved with gravel or macadam and shall be unlighted, properly drained and provide safe ingress and egress.

(d) Noncommercial recreation areas such as playing fields, or picnic areas requiring supporting structures, are permitted, but shall not count toward the minimum required greenway land, unless dedicated to the municipality. Structures shall be subordinate to the activity. Parking areas shall be paved with gravel and shall be unlighted, properly drained and provide safe ingress and egress.

(8) The following standards shall apply to water supply, sewage and stormwater systems:

(a) Water Supply Systems.

1) Utility easements for water lines may be counted toward the minimum greenway land requirement.

(b) Sewage Disposal Systems.

1) Septic leachfield areas shall be appropriate for active or passive recreation, if naturalized.

2) Absorption fields serving individual dwelling units may be located in the greenway land, but individual treatment tanks shall be located within the lots they serve.

3) Drainage easements for sewer lines may be counted toward the minimum greenway land requirement.

4) No sand mounds shall be located within greenway land.

(c) Stormwater Management Systems. 30% of the required greenway land may be used for stormwater management provided that it meets the guidelines in the Pennsylvania Stormwater Best Management Practices Manual, all other sections of this chapter and conforms to options in the list below:

1) Naturalized infiltration basin or trench, provided the water depth does not exceed 24 inches in depth with a slope of 6:1;

2) Subsurface infiltration bed;

3) Rain garden;

4) Vegetated swale;

5) Infiltration berm, provided the berms do not exceed 24 inches in height;

6) Constructed wetlands;

7) Irrigated farmland/farm fields;

8) Wet ponds and basins if stocked, designed and managed as active recreational fishing areas open to the public.

(9) Paths and walking trail easements shall be 15 feet in width may be counted toward required open space. These shall be designed to be eight feet in width with 3.5 foot shoulders on each side.

(a) The square footage of the fifteen-foot trail easement under overhead power lines or over pipelines may count towards open space if designed as depicted above in this section and remaining easement space is planted with a Township-approved wildflower meadow.

(10) Specifically prohibited are:

(a) Motorized off-road vehicles, shooting ranges and other uses similar in character and impact as determined by the Township. This provision shall not prohibit vehicles used for maintenance purposes.

(b) Surface mining and quarrying.

(c) Any other structure not specifically listed as permitted in this section.

(d) Hunting and trapping.

B. Greenway Land Design Standards.

(1) Greenway land in all options shall be identified and laid out according to the Four-Step Design Process prescribed in the Township subdivision and land development Ordinance, which begins with the identification of primary and secondary conservation areas.

(2) Greenway land shall be laid out in accordance with the Township's Greenway and Open Space Plan, to ensure that, over time, an interconnected network of greenway land will be created.

(3) At least 20% of the site shall be available for the common use of the subdivision residents.

(4) When the Township determines a benefit to residents of the development in the form of trails or open space links, the applicant shall provide such linkages. In establishing the need for such linkages, they may consider:

(a) Implementation of the municipal Recreation, Parks and Open Space Plan, Greenway Plan or official map;

(b) Trails integral to children's access to schools and parks;

(c) Impact on woodland and stream corridors.

(5) Applicants for new residential development may fulfill the public land dedication requirements in as noted in Township subdivision and land development Ordinance, by dedicating an equivalent amount of greenway land as public recreation land which shall meet the provisions of this chapter and that is additionally found to be acceptable by the Township.

C. Additional Standards.

(1) Pedestrian and maintenance access shall be provided to greenway land in accordance with the following requirements:

(a) No more than 15 lots shall be contiguous to each other without a centrally located access point meeting the following standards:

1) The width of the access strip shall equal the minimum width of a lot, and in no case shall be less than 50 feet.

2) The access strip shall extend the full depth of the adjacent lots.

D. Access to greenway land used for agriculture or horticulture may be restricted or prohibited for public safety and to prevent interference with agricultural operations.

E. Greenway land that is not wooded or farmed shall be landscaped in accordance with the landscaping requirements and greenway land management plan standards in § 27-2416.5, Greenway Ownership and Maintenance, and approved by the Township and in conformance with the Lower Macungie Township Design Guidelines.[2]

[2] Editor's Note: Said Design Guidelines are included as an attachment to this chapter.

5. Greenway Land: Permanent Protection.

Whenever the landowner is providing greenway land as part of the development, a conservation easement restricting such greenway land in perpetuity against further subdivision or development shall be executed between the landowner and the municipality or a qualified land conservancy acceptable to the municipality. Deed restrictions may also be used in certain applications, in accordance with Subsection B below.

A. Conservation Easements. Conservation easements held jointly by at least two entities are required to protect greenway lands from further subdivision and development and to conserve the natural characteristics of such lands. Conservation easements shall conform to the following minimum requirements:

(1) Easements shall be granted to a land conservancy meeting the requirements in greenway land section. The grantee shall have the rights of reasonable entry and enforcement.

(2) The property made subject to the conservation easement shall be described by metes and bounds, by an exhibit containing the subdivision plan and designating the property, and photographs which illustrate the nature and character of the property and any special environmental features identified by the Township during the subdivision process.

(3) Grantors shall declare that the terms of the easement shall run with the land and bind the property in perpetuity for the benefit of the grantee.

(4) The uses of property subject to the conservation easement shall be limited by the permitted uses defined by this section of the ordinance. The following use restrictions shall also apply:

(a) The property shall not be further subdivided into additional building lots.

(b) Construction shall be permitted only in areas specifically designated in the property description and approved by the Township. The determination of the need for any additional disturbance shall lie with the Township.

(c) Permitted construction activities, including cutting and removing of trees and other vegetation shall be permitted only in compliance with the Management Plan.

(d) Signs and fencing and shall be restricted consistent with the permitted uses and management plan.

(e) The terms and restrictions of the conservation easement shall be approved by the Board of Commissioners which shall be guided by the objectives set forth in the Greenway Plan and Recreation, Parks and Open Space Plan, as well as the management plan for the property.

(f) Provisions pertaining to remedies, liability, indemnification and other relevant subjects, shall be approved by the grantor, the Board of Commissioners and the authorized representative of the grantee before final approval of the development plan.

(g) No new or additional easements, encumbrances, reservations or other instruments may be enacted on greenway land without approval by the Lower Macungie Township Board of Commissioners.

B. Deed Restrictions. Deed restrictions may be used in the place of conservation easements only under the following circumstances and in accordance with the following standards:

(1) When greenway land totals less than five acres, a deed restriction may be used.

(2) If no entity is available or willing to hold a conservation easement on required greenway land, a deed restriction may be used.

(3) The Township shall be party to the deed restriction. The deed restriction shall be used only if approved by the municipality. If the municipality does not agree to be party to the restriction, no deed restriction shall be used.

(4) Restrictions meeting municipal specifications shall be placed in the deed for each lot with greenway land. The deed restriction shall ensure the permanent protection and continuance of the greenway land and shall define permitted uses.

(5) It shall be clearly stated in the individual deeds which shall run with the land in perpetuity that maintenance responsibility for the greenway land lies with the property owner.

6. Greenway Land: Ownership And Maintenance.

A. Ownership Options for Greenway Land. The following methods may be used, either individually or in combination, to own common facilities and greenway land. Greenway land shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no decrease in the total greenway land. Ownership methods shall conform to the following.

B. Township.

(1) Fee Simple Dedication. The Township may, but shall not be required to, accept dedication of any portion of the greenway land.

(2) Dedication of Easements. The Township may, but shall not be required to, accept dedication of easements for public use of any portion of the greenway land. In such cases, the facility remains in the ownership of the community association, or private conservation organization, while the municipality holds the easements. In addition, the following regulations shall apply:

(a) There shall be no cost of acquisition;

(b) Any such easements for public use shall be accessible to the residents of the municipality; and

(c) A satisfactory maintenance agreement shall be reached between the owner and the municipality.

C. Community Association. Greenway land and common facilities may be held in common ownership for the use of all residents of the subdivision or land development and shall thereby be controlled and maintained by a community association. Community association documents shall be in compliance with the Pennsylvania Uniform Planned Community Act (as to a homeowners' association document) or the Pennsylvania Uniform Condominium Act (as to a condominium association document), as the case may be. The community association document shall include, but not be limited to, the following:

(1) A description of the common greenway land to be owned by the community association. This description shall include a plan of the proposal highlighting the precise location of all aspects of the common greenway land;

(2) Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided;

(3) A declaration of covenants, conditions, and restrictions (declaration), giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document providing for automatic membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the community association, including voting, elections, and meetings. The declaration shall give power to the community association to own and maintain the common greenway land and to make and enforce rules;

(4) Statements prescribing the process by which community association decisions are reached and setting forth the authority to act;

(5) Statements requiring each owner within the subdivision or land development to become a member of the community association;

(6) Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement;

(7) Requirements for all owners to provide a pro rata share of the cost of the operations of the community association;

(8) A process of collection and enforcement to obtain funds from owners who fail to comply;

(9) A process for transition of control of the community association from the developer to the unit owners;

(10) Statements describing how the common greenway land of the community association will be insured, including limit of liability;

(11) Provisions for the dissolution of the community association;

(12) Agreements for the maintenance of stormwater management facilities;

(13) Agreements for the maintenance and operation of water supply and wastewater treatment facilities;

(14) At least one tree per lot shall be planted in a location that mark the boundary of private owner yard space and community open space.

D. Private Conservation Organization or the County. With permission of the municipality, an owner may transfer either fee simple title of the greenway land or easements on the greenway land to a private nonprofit conservation organization or to the county provided that:

(1) The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

(2) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or the County becomes unwilling or unable to continue carrying out its functions;

(3) The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and

(4) A maintenance agreement acceptable to the Township is established between the owner and the organization or the county.

E. Private Ownership/Conservancy Lots. Up to 80% of the required greenway land may be located within one or more privately owned conservancy lots of at least 10 acres provided:

(1) The greenway land is permanently restricted from future subdivision and development through a conservation easement, except for those uses listed in this section.

(2) Usage of greenway land may include any of those permitted in this section, including agriculture.

(3) The easement provides the Township the right, but not the obligation, to enforce these restrictions.

7. (Reserved)

8. (Reserved)

9. Operation and Maintenance (O&M) Plan.

A. Unless otherwise agreed to by the Board of Commissioners, the cost and responsibility of maintaining greenway land shall be borne by the property owner, community association, or conservation organization.

B. The applicant shall, at the time of preliminary plan submission, provide a plan for management of greenway land acceptable to the Township to be recorded.

C. The operations and maintenance plan shall be recorded with the developer's agreements, covenants and any other agreements required by the Township Solicitor.

10. Remedy. Failure to adequately maintain the greenway land in reasonable order and condition in accordance with the development plan constitutes a violation of this chapter.

A. In the event that the organization established to maintain the greenway land, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the greenway land in reasonable order and condition, and may direct the owner to remedy the same within 20 days.

B. Upon default by any owner or other entity responsible for maintenance of greenway land, where such maintenance is necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the municipality may, but shall not be obligated to, take the following actions:

(1) Upon 30 days' advance written notice to the owner or entity responsible for such maintenance (or any lesser number of days as may be specified in the notice in instances of emergency) and the failure of such owner or entity to perform the necessary maintenance and remedy the condition set forth in the notice, the municipality may enter upon the greenway land to correct the condition. If the Township is forced to assume responsibility for maintenance, any escrow funds may be forfeited and any permits may be revoked or suspended.

(2) Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the owner or responsible entity within 10 days after written demand by the municipality. Upon failure of the owner or responsible entity to pay such costs in the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the municipality in collection thereof.

11. All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the owner or responsible entity. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.

§ 27-2417 Mixed-Use Development in HE Highway Enterprise District.

[Added by Ord. No. 2023-03, 4/20/2023]

1. A mixed-use development located in the HE Zoning District shall only be permitted pursuant to the standards set forth in § 27-2417(1)(A) and shall meet the following additional standards: i) 20 or more acres; ii) two or more mixed-use structures; and iii) the devotion of 100% of the total first floor area of at least two of its mixed-use structures, except for those areas set aside and necessary for the private use of residents of the mixed-use structures, to commercial, dining, or other permitted nonresidential uses.

A. A mixed-use development shall be subject to the standards of § 27-2412, Mixed-Use Development in the C-Commercial District, except that the following dimensional criteria shall apply in the HE-Highway Enterprise District:

(1) The maximum density on the residential portion of the lot shall be 12 dwelling units per gross acre of the entire mixed-used development.

(2) The maximum height shall be the height permitted for "All other uses unless specified" under § 27-1406 of this chapter (including the Notes to § 27-1406), and there shall be a maximum of six stories of habitable space.

(3) The maximum number of units in a residential building shall be 200 units.

(4) The maximum length of a residential building shall be 400 feet and shall include architectural treatment as displayed in the Lower Macungie Township Design Guidelines.

(5) No building shall be located closer than 25 feet to any other building.

(6) All signs, structures, public areas, streetscapes and landscaping in any mixed-used development in the HE District shall be in conformity with the Lower Macungie Design Guidelines.

(7) A freestanding single-tenant nonresidential building shall be permitted a building footprint in excess of 20,000 square feet but no more than 75,000 square feet.

(8) Any building constructed pursuant to this section shall maintain integrated pedestrian access to the remainder of the mixed-use development and shall be constructed in conformity with the Lower Macungie Design Guidelines.

B. The above dimensional criteria shall apply and supersede any contrary restriction in this chapter, including but not limited to § 27-2412, Subsections 4, 5A, 5F, 5G, 5J, 5K, 6A, 6C and 6E.

2. Notwithstanding any other provision of this chapter, and in addition to the uses permitted in a mixed-use development by its definition and the definition of "amusement and outdoor recreation," a mixed-use development in the HE District may further include the following uses:

A. Mixed-Use Golf Driving Range. A sports entertainment venue with hours of operation from 9:00 a.m. to 2:00 a.m. on Friday and Saturday and 9:00 a.m. to 12:00 midnight on Sunday through Thursday consisting of a technologically advanced golf driving range, full-service restaurant and bar use(s), amusement devices, outdoor dining, outdoor patio, outdoor lounge area, and event space and/or an entertainment complex and containing an outfield with electronic targets.

B. Performance Theater. An auditorium including a stage which is primarily designed for public assembly to allow patrons to experience visual or auditory performances with a maximum seating capacity of 5,000.

C. Aquarium. An establishment that maintains a collection of wild animals, typically in a park, garden, or a transparent tank of water for display to the public. This use shall include a touch tank allowing patrons to interact with and touch aquatic animals and shall further allow for a retail store as an accessory use.

D. Mixed-Use Sports Retail Establishment. A commercial establishment dedicated primarily to the retail sale of sporting goods and consisting of indoor multisport interactive experiences including but not limited to rock-climbing walls, turf fields and tracks, batting cages, golf hitting bays, and putting greens. This use shall further consist of customer services including but not limited to yoga and other fitness classes, athletic training courses, and the sale of freshly prepared and prepackaged juices and other wellness products.

E. Any other use permitted in the C-Commercial District which is determined by the Board of Commissioners to be compatible with a mixed-use development shall be permitted in a mixed-use development by conditional use approval of the Board of Commissioners.

3. Notwithstanding any other provision of this chapter, a mixed-use golf driving range shall include, along with those uses customary and incidental, the following accessory uses permitted by right:

A. Barrier netting and poles not to exceed 175 feet in height above the floor elevation of the building.

B. High-definition digital screens located outside the outfield netting and facing internally towards the building to be used for the operation of the venue.

4. Lighting Standards:

A. Notwithstanding any other provision of this chapter, lighting standards for a mixed-use development in the HE District shall be governed by Chapter 27, Zoning, Part 18, General Performance Standards, § 27-1805, Lighting, except as follows:

(1) Recreational lighting for a mixed-use golf driving range is permitted a maximum mounting height of 55 feet.

(2) Full cutoff fixtures shall not be required for lighting for a mixed-use golf driving range and instead such lighting must comply with the remaining standards and specifications of § 27-1805.6M.

(3) A mixed-use golf driving range may operate outdoor lighting until two hours after closing for maintenance as follows:

(a) From 12:00 midnight Sunday through Thursday, a mixed-use golf driving range shall cease fully illuminated outdoor lighting at 12:00 midnight and outdoor lighting shall be operated at dimmed levels until no later than 2:00 a.m. for the sole purpose of maintenance.

(b) From 2:00 a.m. Friday through Saturday, a mixed-use golf driving range shall cease fully illuminated outdoor lighting at 2:00 a.m. and outdoor lighting shall be operated at dimmed levels until no later than 4:00 a.m. for the sole purpose of maintenance.

5. Sign Standards: In addition to any other signage allowed for such use under the other provisions of this chapter, a mixed-use development in the HE District with frontage along I-78 is allowed one freestanding sign with a maximum display area of 360 square feet and a height of 50 feet if placed along I-78. No more than 50% of the sign area may be dedicated to digital advertisement.