Township of Montour, PA USE REGULATIONS

[Ord. 5/9/1972, § 420); as amended by Ord. 7/16/1982; by Ord. 12/15/1987; by Ord. 2/8/1990, § 1; by Ord. 12/12/1991B, § 9; by Ord. 7/10/1997, §§ 6, 7; and by Ord. 9/9/2004, §§ 10-20]

						C	A	SR	VR	HC	I
1.	Agricultural Uses.
	A.	Animal Husbandry				P	P	S	N	N	N
		The raising and keeping of livestock and poultry with the intent of producing capital gain or profit or the intent of selling any livestock or poultry products; provided, however, that intensive farming operations such as, but not limited to, feedlots, hog farms, poultry, etc., shall be subject to the requirements of § 27-402(1)(E). Keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this chapter shall not be construed as animal husbandry; provided the minimum lot size shall not be less than 10 acres and in SR Districts:
		(1)	No raising of garbage-fed pigs or minks shall be allowed.
		(2)	No barns, animal shelters, feed yards or other agricultural accessory buildings shall be located closer than 100 feet from any side or rear lot line.
		(3)	The construction of new buildings which, by their size or nature, will inhibit future residential development should not be permitted.
	B.	Kennel or Stable				P	P	N	N	N	N
		Any lot on which animals are kept for riding, boarded or trained for a fee, whether in special buildings or runways or not, including, but not limited to, dog and cat kennels, horse stables or riding academies, clubs, associations, ranches or camps; provided no animal shelters or runs shall be located closer than 200 feet from any lot line.
	C.	Crop Farming				P	P	P	P	P	—
		The raising, keeping and sale of field, truck and tree crops.
	D.	Greenhouse				P	P	P	P	P	—
		Provided any goods sold in connection with such greenhouse in C, A, SR and VR Districts be subject to the provisions of § 402(8)(C).
	E.	Intensive Agriculture and Agricultural Support				S	S	N	N	N	S
		Commercial feedlots, veal finishing, hog raising, poultry breeding or egg or meat production operations, livestock auctions, wholesale produce centers, fertilizer and seed distributors, commercial horse farms, grain storage and feed mills, and similar uses shall submit facility designs and legally binding assurances with performance guarantees which demonstrate that all facilities necessary for manure and wastewater management, materials storage, water supply and processing or shipping operations will be conducted without adverse impact upon adjacent properties. For purposes of this chapter, adverse impacts may include, but are not limited to, groundwater and surface water contamination, groundwater supply diminution, noise, dust, odor, heavy truck traffic, and migration of chemicals off site. Intensive agriculture and agriculture support uses shall be subject to the following:
		(1)	Where such uses adjoin a residential district or highway commercial district, the intensive agriculture and agriculture support activity, including manure management facilities, shall be set back 400 feet from the property line.
		(2)	Disposal of deceased animals and birds shall be within 24 hours of death in accordance with state and federal regulations. While awaiting removal of deceased animals and birds, the facility operator or farmer shall secure the location of the deceased from unauthorized access or scavengers and take precautions to minimize odor or other noxious effects.
		(3)	Off-street parking and loading shall comply with Part 8 of this chapter.
		(4)	Signs shall be permitted only as specified in Part 7 of this chapter.
		(5)	A paved apron or gravel scraping area or other effective means of cleaning of mud and manure to prevent tracking off site and onto public roadways shall be provided.
		(6)	Manure management facilities shall be designed, constructed and operated in compliance with Bureau of Water Quality Management Publication No. 43, "Manure Management for Environmental Protection," and any revisions, supplements, and replacement thereof, published by the Pennsylvania Department of Environmental Protection. Plans for manure management facilities and any changes thereto during construction shall be reviewed by the Columbia County Conservation District, with proof of their review prior to issuance of a zoning permit.
		(7)	Manure management facilities shall be secured from unauthorized access.
	F.	Nondomesticated Animal Shelter, Kennel or Preserve				S	S	N	N	N	N
		(1)	Commercial breeding, training and sales of nondomesticated animals and wildlife, or the products thereof, shall require a permit, shall only be permitted as a special exception in accordance with § 27-1101(1)(C), of this chapter and shall adhere to the requirements set forth hereinbelow. Nothing in this subsection shall be construed to regulate ordinary and customary raising and housing of domesticated pets, livestock or farm animals.
		(2)	Each species shall be listed on the application for a zoning permit. Subspecies may be added to the operation without a new permit, but the permittee shall notify the Zoning Officer at least five calendar days in advance of the receipt of such additional animals upon the premises, except for the acceptance of injured animals for purposes of rehabilitation sanctioned by the Pennsylvania Game Commission.
		(3)	The Zoning Officer shall periodically conduct an inspection of the operation and any premises where such nondomesticated animals are housed and/or secured.
		(4)	All such nondomesticated animals shall be secured within a shelter facility and fenced enclosure of such construction and type of materials that are capable of restraining all types of species to be housed therein, whether of young or mature age. For certain species, a restraint system to prevent escape by climbing, jumping, or flying shall be necessary.
		(5)	The type of shelter and/or enclosure shall be appropriate for the humane accommodation of each such species to be housed or secured therein. Incompatible animals shall be separated. The Zoning Officer may consult the Pennsylvania Game Commission, a licensed veterinarian, or the Pennsylvania Cooperative Extension Service for advice on the specific needs and restraints necessary to protect the animals and public safety.
		(6)	It shall be the responsibility of the developer and the property owner to maintain the required or necessary fresh water supply and feeding facilities for all types and numbers of animals on premises at all times.
		(7)	No animal shall be received upon the premises without prior vaccinations and health checks by a licensed veterinarian, except for the acceptance of injured animals for purposes of rehabilitation sanctioned by the Pennsylvania Game Commission. In such cases, the animals shall be quarantined until treated or determined to be disease-free. Documentation of such prior and ongoing medical checks shall be provided to the Zoning Officer upon request.
		(8)	An adequate system for animal waste management and disposal of dead animals and diseased animal parts or tissue shall be specifically described in the application for a zoning permit and shall be maintained in fully operational condition at all times. Incineration or composting facilities or other methods, as approved by the Pennsylvania Department of Agriculture, may be permitted but shall be specified in the zoning permit application.
		(9)	A visual buffer, preferably of natural vegetation, shall be provided for the protection of nearby properties and to avoid visual distractions of nearby motorists. It shall be the responsibility of the developer and the property owner to maintain the required buffers and security measures. Dead and severely damaged plant materials shall be replaced within one year of their original planting or subsequently within four months of the discovery of such mortality or damage. Landscaped areas and buffers shall be kept free of noxious weeds, dead material, fallen limbs, and trash. Where natural plant growth changes the actual buffer effect over time, the Zoning Officer may require supplementary plantings to preserve the intent and purposes of this chapter.
		(10)	In the case of an animal preserve for controlled commercial hunting purposes, the operation shall be conducted in a manner which avoids any discharge of firearms or weapons which is unlawful or which would endanger nearby homes, businesses, farms, or farm animals.
		(11)	In the case of an animal preserve for exotic animal predators, the operation shall be conducted in a manner which avoids any activity which is unlawful or which would endanger nearby homes, businesses, farms, or farm animals.
		(12)	The permittee shall demonstrate and document that the operation has complied with all federal and state laws and regulations pertaining to the animals to be held on the premises, including, but not limited to, laws on endangered species and regulations of the Pennsylvania Department of Agriculture.
		(13)	Wildlife and raptor rehabilitators shall present any certifications required by the Pennsylvania Game Commission and shall maintain such certifications for as long as any such animals are held on the premises.
		(14)	Upon termination of such operations, the permittee shall remove all animals and animal wastes and any facility which may pose an attractive nuisance or public safety hazard within 60 calendar days and notify the Zoning Officer, who may inspect the premises, as appropriate.
		(15)	Annually, upon the anniversary of the date of zoning permit issuance, the permittee shall file with the Zoning Officer a request for renewal for one additional year. Such request shall not require further Zoning Hearing Board proceedings, and the Zoning Officer shall issue a permit renewal so long as the permittee has maintained the operation in compliance with this chapter.
		(16)	Minimum lot requirements shall be one acre, unless commercial hunting is allowed, which then requires 200 acres.
		(17)	Minimum yard requirements shall be 200 feet from all property lines for all principal use structures.
2.	Residential Uses.
	A.	Single-Family Detached Dwelling				P	P	P	P	N	N
	B.	Single-Family Attached Dwelling. [Amended 9/13/2007]				N	C	C	C	N	N
		Provided:
		(1)	Access to a sewage facility is immediately available.
		(2)	No more than six dwelling units are attached to a single building.
		(3)	Minimum lot area per dwelling unit shall not be less than 4,000 square feet for end units and 2,000 square feet for interior units.
		(4)	One-family attached dwellings are permitted in SR, VR and A Districts only as a conditional use and as part of a cluster development under the provisions of § 402(2)(H).
	C.	Conversion				S	S	S	S	S	N
		One-family dwellings converted for occupancy by not more than two families, subject to the following conditions.
		(1)	The lot area per family should not be reduced thereby to less than that required for the district in which such lot is situated.
		(2)	The yard, building area and other applicable requirements for the district shall not be reduced thereby.
		(3)	No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety.
		(4)	Such conversions shall be authorized only for large buildings that have little economic usefulness as single-family dwellings or for other conforming uses (i.e., barns) erected prior to the adoption of this chapter.
	D.	Multifamily Dwellings				N	N	N	S	N	N
		Multiple-family dwellings, provided the following requirements are met.
		(1)	Access to a sewage facility is immediately available.
		(2)	The maximum number of dwelling units per acre shall not exceed 12.
		(3)	A maximum of 0.25 square foot of gross floor area shall be permitted for each square foot of lot area.
		(4)	At least 3 square feet of lot area per 1 gross square foot of floor area shall be open space.
		(5)	A maintenance plan shall be required as per § 27-605.
	E.	Rooming House				S	P	P	P	N	N
	F.	Group Home/Group Care Facility				S	S	S	S	N	N
		Group homes/group care facilities may be permitted only if the following criteria, in addition to all other applicable federal, state and local regulations, including, but not limited to, are met:
		(1)	The lot upon which a group home/group care facility is to be located shall have a lot area at least equal to the minimum lot size for the district in which it is located plus an additional 800 square feet per resident.
		(2)	Residents of a group home/group care facility will normally remain in residence for at least 6 months, and a change of residents shall not routinely occur except in case of death, extended illness or disability.
		(3)	Residents shall maintain a single household unit with shared use of rooms, except bedrooms, and shall share meal, recreational, sanitary and storage facilities and housekeeping responsibilities.
		(4)	Residents shall not receive regular medical treatment or psychological counseling on the premises nor shall the services provided be of such nature that constitute an institutional or residential treatment facility.
		(5)	Qualified adult supervision shall be provided at the facility on a continuous twenty-four-hour basis.
		(6)	Sewage facilities shall be provided which are capable of treating the volume of wastewater generated at maximum occupancy. Where an existing sewage system is proposed to be utilized, inspection, testing and certification by the Township Sewage Enforcement Officer that the existing sewage system is adequate and suitable for the proposed use shall be required as part of the zoning permit application.
		(7)	No group home/group care facility shall be located within 1,000 feet of another similar use.
		(8)	All state licenses or permits shall be submitted as part of the zoning permit application. Any revisions to such licenses or permits shall be promptly provided to the Township Zoning Officer. Revocation or suspension of required state licenses shall result in the revocation of any permit issued by the Township.
		(9)	A maintenance plan shall be required as per § 27-605.
	G.	Residential Treatment Facility				N	N	S	S	N	N
		Residential treatment facilities may be permitted only if the following criteria, in addition to all other applicable state and local regulations, are met:
		(1)	The lot upon which a residential treatment facility is to be located shall have a lot area at least equal to the minimum lot size for the district in which it is located plus an additional 1,500 square feet per resident.
		(2)	Residents of a residential treatment facility will normally remain in residence for at least 6 months, and a change of residents shall not routinely occur except in case of death, extended illness or disability.
		(3)	The zoning permit application shall specify the maximum number of residents or occupants to be housed or cared for at one time and shall indicate the specific type of care, counseling or treatment to be provided. Any subsequently issued zoning permit shall apply to only the facility and applicant named, the premises designated, and for the activities and purposes listed in the application. No such permit or approval shall be transferable nor expandable to include additional categories of care or treatment or a greater number of occupants. Utilization of such a permit for any use or by any facility other than the applicant shall constitute a violation of this chapter.
		(4)	Residents may receive regular medical treatment or psychological counseling on the premises.
		(5)	Qualified adult supervision shall be provided at the facility on a continuous 24-hour basis.
		(6)	Sewage facilities shall be provided which are capable of treating the volume of wastewater generated at maximum occupancy. Where an existing sewage system is proposed to be utilized, inspection, testing and certification by the Township Sewage Enforcement Officer that the existing sewage system is adequate and suitable for the proposed use shall be required as part of the zoning permit application.
		(7)	No residential treatment facility shall be located within 1,000 feet of another similar use or group home/group care facility. A methadone treatment facility shall not be located within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility. The distance shall be measured from the lot line of the lot upon which another restricted or protected use exists and the lot line of the lot upon which a new restricted use is to be located.
			(a)	The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
			(b)	Notwithstanding the foregoing, a methadone treatment facility may be established and operated closer than 500 feet from an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the Board of Township Supervisors votes in favor of the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet from an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, following a public hearing regarding the proposed methadone treatment facility location, of which public notice shall be given. All owners of real property located within 500 feet of the proposed location shall be provided with written notice of said public hearing at least 30 days prior to said public hearing occurring.
			(c)	This provision shall not apply to a methadone treatment facility that was licensed by the Pennsylvania Department of Health prior to May 15, 1999.
			(d)	As used in this chapter, the term "methadone treatment facility" shall mean a facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
		(8)	All state licenses or permits shall be submitted as part of the zoning permit application. Any revisions to such licenses or permits shall be promptly provided to the Township Zoning Officer. Revocation or suspension of required state licenses shall result in the revocation of any permit issued by the Township.
		(9)	A written emergency response and evacuation plan covering all categories of emergencies shall be prepared and filed with the Township Zoning Officer and the Township Fire Chief, including all revisions and directives pertaining thereto from any regulatory agency having jurisdiction.
		(10)	A maintenance plan shall be required as per §27- 605.
	H.	Cluster Development. [Amended 9/13/2007]				N	C	*	*	N	N
		Planned development of single-family dwellings (as detached homes or as attached dwellings such as townhouses and condominiums) on lots with modified dimensional requirements, provided:
		(1)	The tract of land to be developed shall be five acres or more in size.
		(2)	Minimum lot sizes shall not be less than 2,000 square feet.
		(3)	The maximum overall density shall not exceed eight dwelling units per acre.
		(4)	An amount of land shall be set aside as permanent usable open space. Such open space shall:
			(a)	Be suitable for use as a park, playground, pedestrian accessway, school, stormwater recharge or other similar public purpose or, because of its topography, vegetation or other natural character, be left open with no particular use assigned to it.
			(b)	Comprise at least 25% of the total development.
			(c)	Be subject to the open space management provisions of Chapter 22, Subdivision and Land Development, including, but not limited to, §§ 22-505 and 22-506.
			(d)	Be recorded as an open space deed restriction or conservation easement for that parcel(s) of land to be filed with the Columbia County Recorder of Deeds.
		(5)	The Township Board of Supervisors may in its sole and absolute discretion decline to accept any proposal to dedicate public open space to the Township or other public entity.
	*P	For detached homes and
	C	For attached dwellings such as townhouses and condominiums
	I.	Mobile Home Park				N	N	N	S	N	N
		Must meet the requirements of Chapter 22, Subdivision and Land Development. A maintenance plan shall be required as per § 27-605.
	J.	Recreation Vehicle Park				P	N	N	N	S	N
		A lot or part thereof occupied or designed for occupancy by 1 or more recreational vehicles or other travel units, provided:
		(1)	The pertinent sections of Chapter 22, Subdivision and Land Development, are met.
		(2)	Spaces for use of recreational vehicles shall be rented for not longer than 1 camping season (6 months) maximum.
		(3)	The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be 10.
3.	Institutional Uses.
	A.	Cemeteries				P	P	P	N	N	N
	B.	Church				S	P	S	P	N	N
		Including convents, parish houses and other housing for religious personnel, subject to the following provisions.
		(1)	Minimum lot size shall be not less than 2 acres.
		(2)	Accessory housing shall be subject to the regulations contained in this Part applicable to the type of housing proposed.
		(3)	Where a church with related facilities is approved as a special exception, the church and all related facilities shall be located outside any park areas, trails or planned future public recreation areas; provided, however, that a related recreational facility may be located in a park area or planned future public recreational area if, and only if, such recreational facility will be available for public use.
	C.	School				C	S	S	S	S	N
		Schools shall be subject to the following provisions:
		(1)	The facility operator shall secure the location and premises from unauthorized access and take precautions to minimize public safety risks. A current facility security plan shall be submitted and maintained on file with the Township Police Department and the Columbia County Emergency Communications Center.
		(2)	A land development plan shall clearly delineate a safe means of ingress and egress and on-site parking for vehicles, school buses, and students transported by private vehicle, including on-site safety measures for pedestrian movements.
		(3)	Where a school is proposed as part of a multiple-use structure, the applicant shall provide documentation that the school portion complies with all applicable Pennsylvania statutes and regulations, including the Uniform Construction Code, Safe Drinking Water Act and Sewage Facilities Act.[1]
		(4)	A land development plan shall clearly delineate adequate, safe and appropriate recreation equipment and facilities for the maximum expected enrollment.
		(5)	A land development plan shall clearly delineate adequate drainage facilities and measures to maintain positive drainage controls which will prevent discharge of runoff onto adjacent property.
		(6)	Specialized programs of study, such as vocational or technical, shall maintain continued compliance with the following minimum performance standards:
			(a)	The volume of sound inherently and recurrently generated shall be controlled so as not to create a nuisance to adjacent uses.
			(b)	Vibration shall not be discernible beyond the property line.
			(c)	Toxic or hazardous matter shall be controlled so as to prevent danger to public health and safety.
			(d)	Smoke shall not be emitted in such quantity as would constitute a nuisance.
			(e)	Storage measures for flammable or explosive or caustic materials shall provide adequate safety devices against fire and explosion hazards.
			(f)	Burning of waste materials may be performed only in compliance with Chapter 7, Part 1, Outdoor Fires and Outdoor Furnaces.
			(g)	Radioactivity and electrical disturbance shall be controlled to avoid any injury or disruption to adjacent owners.
	D.	Day-Care Center				S	S	S	P	N	N
		Day-care facilities shall be subject to the following provisions:
		(1)	The use shall be conducted in a building designed or converted to provide safe and healthful conditions and to be compatible with the neighborhood.
		(2)	Outdoor play and activity areas shall be sufficiently screened and sound-insulated so as to protect the neighborhood from noise and other disturbance.
		(3)	Where a day-care center with related facilities is approved as a special exception, the day-care center and all related facilities shall be located outside any park areas, trails or planned future public recreation areas; provided, however, that a related recreational facility may be located in a park area or planned future public recreational area if, and only if, such recreational facility will be available for public use.
		(4)	A maintenance plan shall be required as per § 27-605.
	E.	Cultural Facilities				N	N	S	P	P	N
		Including art galleries, auditoriums, libraries, museums, community centers, adult education centers or other similar facilities open to the public or connected with a permitted educational, philanthropic or religious use.
	F.	Public Buildings				N	P	P	P	P	P
		Owned or operated by the municipality.
	G.	Public Recreational Facility				P	P	P	P	N	N
		Owned and operated by an agency of the municipality or other government.
	H.	Golf Course				P	P	P	N	N	N
		Not including a driving range or miniature golf course, provided:
		(1)	The minimum lot size shall be 40 acres.
		(2)	All buildings shall be not less than 100 feet from any lot line.
	I.	Private Recreation Facility				P	P	P	P	N	N
		Including camps, parks and facilities operated in conjunction with a private club or lodge provided:
		(1)	The minimum lot size shall be 5 acres.
		(2)	All buildings shall be not less than 100 feet from any lot line.
	J.	Private Club
		Operated for members only and not for profit.				N	N	N	C	C*	N
	K.	Licensed Hospital				N	N	C	C	N	N
		Provided:
		(1)	A lot area of not less than five acres shall be required.
		(2)	Direct access to a collector road shall be available.
		(3)	Any such establishment providing convalescent care or care for the chronically sick shall provide an additional lot area of not less than 1,000 square feet per bed in use for such long-term care.
		(4)	No building shall be located closer than 100 feet to any lot line.
	L.	Nursing Home				N	C	C	P	N	N
		A nursing home (also commonly known as a convalescent home) is a licensed establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home; a hospital or sanitarium shall not be construed to be included in this definition; provided, a lot area of not less than 1 acre or 2,000 square feet per patient, whichever is greater, is provided.
4.	Office Uses.
	A.	Business Services				N	N	N	P	P	N
		Limited to offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, including other wholesale business services predominantly office-oriented.
	B.	Professional Services				N	N	S	P	P	N
		Limited to offices of physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians and medical and related offices which do not involve the actual storage, exchange or delivery of merchandise on the premises.
	C.	Public Services				N	N	S	P	P	N
		Limited to governmental offices.
	D.	Bank or Other Financial Institution				N	N	N	S	P	N
	E.	Health Services				N	N	N	S	P	N
		Limited to medical or dental offices, laboratories and clinics.
	F.	Veterinary Office or Animal Hospital				N	P	N	S	P	N
		Defined herein as any building used by a veterinarian for the treatment, housing or boarding of small domestic animals such as dogs, cats, goats, rabbits and birds or fowl, provided:
		(1)	If only small animals are to be treated (dogs, cats, birds and the like), such hospital or office shall have a minimum lot area as specified in § 27-500 in the district in which it is located.
		(2)	If large animals are to be treated (cows, horses, pigs and the like), such office or hospital may be located only in an A District and shall have a minimum lot size of five acres.
5.	Commercial Uses.
	A.	Shops and Stores				N	N	N	S	P	N
		For the sale of antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry notions, periodicals, stationery, tobacco, paint, apparel and similar items.
	B.	Personal Services				N	N	N	S	P	N
		Including barber shop, beauty parlor, laundry or cleaning agency, self-service laundry and similar uses.
	C.	Repair Services				S	P	N	S	P	P
		For appliances, furniture, watches, guns, bicycles, locks and similar items.
	D.	Restaurant				N	N	N	S	P	N
		Or other place for the sale and consumption of food and beverages but without drive-in or counter service (service at table or counter facilities only).
	E.	Drive-In Restaurant				N	N	N	N	P	N
		Or other place for the sale and consumption of food and beverages with drive-in or counter service.
	F.	Trade or Professional School				N	N	N	S	P	N
	G.	Mortuary or Funeral Home				N	N	N	S	P	N
	H.	Public Entertainment Facilities				N	N	N	C	C	N
		An activity operated as a gainful business, open to the public, for the purpose of public entertainment or recreation, including, but not limited to, motion-picture theaters, health clubs, miniature golf courses, etc., but specifically excepting bowling alleys in the VR Districts, provided:
		(1)	All outdoor facilities shall be limited to HC Districts.
		(2)	In VR Districts, adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties must be taken.
	I.	Motel/Hotel				N	N	N	N	P	N
		A building or group of buildings for the accommodation of transient guests (chiefly motorists) containing rooms for rent.
	J.	Gasoline Service Station				N	N	N	N	S	N
		A maintenance plan shall be required as per § 27-605. Where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail and normal mechanical repairs are performed, but not including body work, painting, spraying or welding or storage of automobiles not in operating condition, provided:
		(1)	All activities except those required to be performed at the fuel pumps shall be performed within a completely enclosed building.
		(2)	Fuel pumps may be located within the front yard but shall be at least 20 feet from any street line.
		(3)	All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
	K.	Automobile Washing Facility				N	N	N	N	S	S
		Provided such use shall not present a potential threat to groundwater supply and quality in the vicinity. A maintenance plan shall be required as per § 27-605.
	L.	Automotive Repair Garage				N	N	N	N	S	S
		A maintenance plan shall be required as per § 27-605. Provided such use shall not include the storage of automobiles and other vehicles not in operating condition.
	M.	Automotive Sales				N	C	N	C	P	C
		A maintenance plan shall be required as per § 27-605. Including sale and rental of automobiles, trucks, farm equipment, trailers and boats.
	N.	Shopping Center				N	N	N	N	C	N
		A maintenance plan shall be required as per § 27-605. Planned commercial development in the planning and developing of a tract of land under single ownership or agreement whereby various combinations of commercial uses utilize a reasonable degree of flexibility in the placement and inter-relationship of commercial uses and parking and loading facilities, provided permitted uses are limited to those permitted by this chapter in the district where such development is proposed.
	O.	Adult Bookstore				N	N	N	N	C*	N
	P.	Adult Motion-Picture Theater				N	N	N	N	C*	N
	Q.	Cabaret				N	N	N	N	C*	N
	R.	Commercial Use Self-Storage Units				N	S	N	N	P	P
		Commercial self-storage units as a principal land use may be permitted in accordance with this chapter but shall also require approval as a land development in accordance with Chapter 22, Subdivision and Land Development, shall comply with the following requirements:
		(1)	Hazardous materials shall not be stored in these units nor on the storage site.
		(2)	Municipal solid waste, garbage, industrial residual waste, demolition debris and hospital waste shall not be stored in these units nor on the storage site.
		(3)	Each storage unit shall be accessible directly from the service drive or parking area.
		(4)	Design of the exterior structure(s), including roofline, materials, and overall size and shape, shall be reviewed by the Township Planning Commission with the objective of creating a quality appearance.
		(5)	Perimeter fencing may be required by the Township Supervisors when determined necessary for public safety due to the location and nearby land uses.
		(6)	Perimeter buffer screening may be required by the Township Supervisors when determined necessary due to the location and nearby land uses for protection of property values of adjacent uses.
		(7)	All items shall be stored inside the storage structure(s), except stored motor vehicles, motor homes, boat trailers and camper trailers, so long as such items are enclosed within a security fence and were noted as part of the approved land development plan.
		(8)	An on-site sewage system shall not be required unless there is an attendant working during times when the units are open for business.
		(9)	An on-site water system shall be required which is capable of sustained flow and pressure to achieve cleaning of the units and common areas.
		(10)	Such premises shall at all reasonable times be open for inspection by the Township Zoning Officer, Fire Chief or other duly authorized official or agent of the Township.
		(11)	Storage units and all portions of the premises shall be maintained in an orderly, clean and sanitary condition and operated in such manner as to not create a public nuisance.
		(12)	No burning of junk, unclaimed items, or trash shall be allowed.
		(13)	A regular, ongoing vermin and vector control program shall be required, with documentation of such efforts to be maintained and available for inspection by the Township.
NOTE:
*	It shall be unlawful to establish an adult bookstore, an adult motion-picture theater or a cabaret within 1,000 feet of any existing adult bookstore, adult motion-picture theater or cabaret. It shall also be unlawful to establish an adult bookstore, an adult motion-picture theater or a cabaret within 500 feet of any school, church or residential district, unless a conditional use is first obtained in accordance with the procedure set forth in § 27-1003(1)(A) hereof. The separation distance established above shall be measured from the lot line of the lot upon which another restricted or protected use exists and the lot line of the lot upon which a new restricted use is to be located. The Board of Supervisors may grant a conditional use to establish an adult bookstore, adult motion-picture theater or a cabaret within 500 feet of a school, church or residential district if and only if the following findings are made by the Board:
	(1)	The proposed use will not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and will not be detrimental to the general character of the area.
	(2)	The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation and will not interfere with nor depreciate any investments of Township or other governmental funds for public facilities, community development, residential weatherization, fire and police protection or general community improvement. A maintenance plan shall be required as per § 27-605.
	(3)	The conditions set forth in § 27-1003 of this chapter will be met.
	(4)	All other applicable requirements of this chapter will be fulfilled.
	S.	Nonhousehold Swimming Pool [Added 3/14/2013]				N	N	S	P	P	N
		Nonhousehold swimming pools shall comply with all requirements set forth in the Public Bathing Law, 35 P.S. § 672 et seq., as amended, and 28 Pa. Code, Chapter 18, as amended.
6.	Utilities.
	A.	Fire Station				P	P	P	P	P	P
	B.	Communication Facilities				P	P	S	S	P	P
		Amateur radio (ham radio operator) towers or antennas which are under 75 feet in height are specifically exempt from the requirements herein to the extent established by federal law. Cellular phone antennas are permitted by right in all zones when installed on existing structures, such as power or other utility transmission towers or poles, silos, barns, churches, tall buildings and storage tanks, so long as other applicable provisions of this subsection are met. Telephone, cellular phone, telecommunication, telegraph, radio or television broadcasting towers and facilities, exchange equipment, antennas, microwave relay stations and the like, including new or substitute and upgraded/expanded replacement installations, may be permitted, provided:
		(1)	In SR and VR Districts, such uses should be permitted only if essential to service such district.
		(2)	In C, A, SR, and VR Districts, no public business office nor any storage yard or storage building shall be operated in connection with such use.
		(3)	Buffering in accordance with § 27-602 shall be required, and the siting of such facilities shall protect and preserve the visual and historic character of the Township by minimizing the visual and aesthetic or property value impact of all towers, exchange equipment, antennas, relay stations and related installations. Siting, design, camouflage techniques, and configuration of such facilities shall match or blend in with the characteristics of the area where located, including both man-made structures and the natural landscape, especially along ridges and tree lines.
		(4)	Applicants for a permit for a new tower shall justify why sharing of any existing tower facility is not workable. Tower applicants shall also document that an exhaustive effort has been made to locate their antennas on existing structures such as barns, silos, power line towers, tall buildings, etc., before a permit may be granted to erect a new tower.
		(5)	Towers shall not encroach into any airport approach glide path.
		(6)	State and federal permits or documentation that state and federal permits (including, but not limited to, the Federal Communications Commission and Federal Aviation Administration, with review by any local airport operator) have been secured or can be secured. However, issuance of state and federal permits shall in no way compel approval by the Township. If the applicable federal or state laws or regulations change, the owner of any tower and antenna and related facilities and equipment shall upgrade and modify the same to achieve compliance within six months, unless a different compliance schedule is mandated by the controlling federal or state agency. Failure to comply shall constitute cause for the Township to order removal of all such facilities and equipment at the owner's expense.
		(7)	The applicant shall provide with the application a certification from a radio frequency engineer that the tower and all appurtenant equipment will not cause electronic interference with nearby properties.
		(8)	Towers shall be designed and positioned so that they will not collapse onto adjacent property or public rights-of-way or create safety hazards. Monopole-type towers shall be designed with vertical overlap of ascending tower sections that will collapse upon and slide down over each lower section. Lattice-type towers shall be designed to bend and/or collapse upon the base rather than topple.
		(9)	Tower designs and completed construction shall be certified and sealed by a qualified professional engineer licensed to practice in Pennsylvania to the effect that all support structures, tower, and all associated facilities, guy wires, ground connections/anchors, etc., are consistent with sound engineering practices and that the design takes into account the specific site conditions, both above and below ground.
		(10)	Towers shall have at least one sign on each side at the base warning of possible electric shock or high-voltage hazards, where applicable.
		(11)	Towers and any pre-existing tower or structure supporting the antennas shall be regularly maintained and inspected by a properly qualified professional at least annually for structural safety as a prerequisite for zoning permit renewal.
		(12)	Any tower or antenna from which the FCC-licensed equipment is not operated continuously for a period of six months shall be considered abandoned. Upon abandonment of use of the tower, the tower structure and all associated equipment shall be removed from the property within 90 days. The tower owner shall notify the Township Zoning Officer of discontinued use not later than 30 days following such use stoppage. If there are two or more users of a tower, this provision shall not apply until all users cease active commercial use of the tower.
		(13)	Towers shall be designed at wind-design speeds for the area in which the Township is located, with appropriate safety factor (including all loads) and gust factor, assuming ice buildup, in compliance with applicable Federal Communications Commission regulations, BOCA (or International Building Code) and EIA/TIA - 222-F Design and Construction Standards, including concrete foundation curing time before loading.
		(14)	Towers shall be sited in such manner as to utilize natural tree lines or forested areas to mask the visibility from the surrounding vicinity. Electrical power feed and telephone overhead lines shall be routed to new towers in such manner as not to cause problems for nearby properties, including drainage from access roads.
		(15)	Tower height shall be limited to only that height necessary for the type of transmission and coverage needed to enable the provision of service to the community quickly, effectively and efficiently, and in no instance shall height exceed 250 feet. Where an existing structure is used for new antennas, this height limit shall not apply.
		(16)	Signal transmission profiles and coverage analysis prepared by a qualified radio frequency engineer shall be submitted with the application to justify the need for a new tower amidst the pattern of existing towers.
		(17)	New towers shall be designed to accommodate at least four additional carriers with inside or protected cable conduit in order to minimize the total density of towers in a given vicinity. In addition, new towers shall be encouraged to accommodate county and local public emergency services and law enforcement agencies, where needed.
		(18)	New or replacement tower installations shall have clearly posted the emergency notification procedure and location of the responsible dispatching center, which is manned 24 hours per day, seven days per week. Such procedures and all revisions thereto shall be provided to the Emergency Management Coordinator.
		(19)	Tower, antenna, power supply and all related facilities shall be maintained in compliance with all federal, state and local laws, regulations, ordinances and building codes to ensure public safety. Failure to comply shall constitute cause for the Township to require removal of any or all such facilities and equipment, at the owner's expense, within such time schedule as may be prescribed by the Township.
		(20)	Towers, antennas and related equipment shall be regulated pursuant to this chapter and shall not be classified as public utilities or private utilities.
		(21)	No antenna or tower shall be illuminated, except as required by the FAA or FCC, in which case the applicant shall present for Township selection alternative lighting options designed specifically to cause the least disturbance to the surrounding community. Technical specifications and illumination levels shall be presented to enable the Township to determine light intrusion into the community.
		(22)	Advertising signs of any type shall not be permitted on the tower, antenna or accessory facilities.
		(23)	Accessory structures and the fenced enclosure shall not be used for offices, vehicle storage, or other outdoor storage. Mobile or immobile equipment on site shall be limited to direct operational support-type equipment, unless temporary in nature while repairs are underway.
		(24)	Joint use of a site shall be prohibited when a proposed or existing use involves the storage, distribution or sale of volatile, flammable, explosive or hazardous materials, such as propane, gasoline, natural gas or dangerous chemicals.
		(25)	The applicant shall provide a performance bond plus a tower removal bond designated for the Township in an amount determined by the Township Engineer to represent likely costs for corrective action by the Township.
		(26)	The applicant shall provide a certificate of general liability insurance, naming Montour Township as an additional insured, in the amount of $1,000,000.
		(27)	A copy of any property lease or revision thereto for purposes of installation of communications antennas or tower(s) shall be provided to the Zoning Officer with the application, and, where applicable, a subdivision and land development plan shall be filed with the Township.
		(28)	Any conditions of Zoning Hearing Board approval shall apply to the leasehold parcel of land, irrespective of lessee or term limit, and shall be binding upon the applicant, all assigns, successors and corporate affiliates or other licensees, agents and contractors.
	C.	Supply Utilities				S	S	S	S	S	S
		Including water supply works and storage, electric, gas or oil substations, plus necessary rights-of-way and transmission lines, provided:
		(1)	Except in the HC District, no public business office shall be operated in connection with such use.
		(2)	Storage yard or storage buildings may be operated in connection with such use only when such storage facility is essential to service customers in the district in which it is located.
		(3)	All transmission lines shall be underground.
		(4)	A seventy-five-foot buffer yard shall be provided along all property lines.
	D.	Sanitary Utilities				C	C	C	C	C	C
		Including sewerage works, sewage pumping station, plus associated collection lines and rights-of-way, but not including refuse dumps, incinerators, solid waste transfer stations, solid waste processing facilities, or sanitary landfills.
	E.	Transportation Terminals				N	N	N	S	S	N
		Including bus, taxi and railroad terminals, but excluding truck terminals. A maintenance plan shall be required as per § 27-605.
	F.	Parking Lot				P	P	P	P	P	P
		When used as a primary use of the land provided:
		(1)	Such area will be used for the parking of cars of employees, customers or guests of existing establishments in the same district where the subject parking area is proposed.
		(2)	No charge shall be made for parking.
		(3)	No sales or service operation shall be performed.
		(4)	Such area shall meet the design standards of Chapter 22, Subdivision and Land Development.
	G.	Wind Energy Facility (Large-Scale Commercial Wind Farm) [Added 5/13/2010]				C	C	N	N	N	C
		(1)	In addition to the permit application requirements of § 27-1001(3), each permit application for a large-scale commercial wind farm shall contain:
			(a)	A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
			(b)	A lease or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
			(c)	Identification of the properties and landowners on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located; with notations on a site map showing which landowners are participating and which landowners are nonparticipating.
			(d)	A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
			(e)	Documents related to decommissioning.
			(f)	A separate road access plan showing the road widths, weight-bearing capacity and type of road surface of all state, Township and private roads to be used by trucks and construction equipment to and from the site; the approximate weight and size of the vehicles to be used to construct the facility and for ongoing operation and maintenance.
			(g)	Other relevant studies, reports, certifications and approvals as may be reasonably requested by the Township to ensure compliance with this chapter.
			(h)	Throughout the permit process, the applicant shall promptly notify the Township Zoning Officer of any changes to the information contained in the permit application; provided, that changes to the pending application, which do not materially alter the initial site plan, may be incorporated without restarting the process or conducting another public hearing.
		(2)	Supplementary regulations for large-scale commercial wind farms:
			(a)	Wind towers shall not encroach into any airport approach glide path. All wind tower sites shall be checked by the FAA, or a local airport official authorized to conduct such siting review, and certification shall be submitted that the proposed wind towers will not create a safety hazard for aircraft.
			(b)	A land development plan shall be filed with the Township.
			(c)	Any conditions of the Township approval shall apply to the leasehold parcel of land, irrespective of lessee or term limit, and shall be binding upon the applicant, all assigns, successors and corporate affiliates or other licensees, agents and contractors.
			(d)	The applicant shall provide a performance bond plus a tower/facility decommissioning and removal bond designated for the Township in an amount determined by the Township Engineer to represent likely costs for corrective action by the Township.
			(e)	Storage and use of fluids, gases and chemicals on site shall be in accordance with the manufacturer's recommendations, and Material Safety Data Sheets (MSDS) shall be kept on site and available for inspection. Only chemicals that support the wind energy facility shall be stored on site.
			(f)	New or replacement tower installations shall have clearly posted the emergency notification procedure and location of the responsible dispatching center, which is manned 24 hours per day, seven days per week. Such procedures and all revisions thereto shall be provided to the Emergency Management Coordinator.
			(g)	Mobile equipment on site shall be limited to direct operational support type equipment, unless temporary in nature while repairs are underway.
			(h)	Setbacks. Wind towers shall be located a minimum setback distance, dependent upon the use of adjacent property, as follows:
				1)	Wind towers shall be set back a distance of 1.5 times the tower height as measured from the street right-of-way line of the nearest public road to the tower base.
				2)	Wind towers shall be set back from the nearest occupied building of any use located on a participating landowner's property a distance not less than 1.1 times the tower height. Any operator-occupied buildings used in connection with the development are exempt from building setback requirements.
				3)	Wind towers shall be set back from the nearest occupied building of any use located on a nonparticipating landowner's property, a distance not less than five times the tower height measured from the tower base.
				4)	There is no setback requirement for towers from participating property owner property lines.
			(i)	All on-site transmission lines shall be underground, and the land surface of the power-line corridor and all cleared or disturbed areas shall be revegetated in a wildlife food plot seed mixture as recommended by the PA Game Commission.
			(j)	Advertising signs of any type shall not be permitted on the wind turbine towers, nacelle, meteorological tower, antennae or accessory facilities. Owner and manufacturer identification signs shall be allowed.
			(k)	No wind tower shall be illuminated, except as required by the FAA, in which case the applicant shall present for Township selection alternative lighting options designed specifically to cause the least disturbance to the surrounding community. Technical specifications, number and color of lights, flash frequency and illumination levels shall be presented to enable the Township to determine light intrusion into the community.
			(l)	Wind towers, turbines and related equipment shall be regulated pursuant to this chapter and shall not be classified as public utilities or private utilities.
			(m)	Wind towers, turbines, power supply and all related facilities shall be maintained in compliance with all federal, state and local laws, regulations, ordinances and building codes. Failure to comply shall constitute cause for the Township to require removal of any or all such facilities and equipment, at the owner's expense, within such time schedule as may be prescribed by the Township. The use shall be in compliance with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142. All electrical components shall conform to all relevant and applicable local, state and national codes, and international standards. Designs of the wind energy facility shall conform to applicable standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations prior to the issuance of the certificate of occupancy.
			(n)	Clearly visible warning signage concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Any guy wires to be installed shall be clearly marked with flags, reflectors or other visual materials placed up to 15 feet from the ground level. All access doors to wind towers and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.
			(o)	Towers shall be designed at wind-design speeds for the area in which the Township is located, with appropriate safety factor (including all loads) and gust factor, assuming ice buildup, as determined by the design engineer, in compliance with applicable Federal Communications Commission regulations, BOCA (or International Building Code) and EIA/TIA-222-F Design and Construction Standards, including concrete foundation curing time before loading. Wind turbines shall be equipped with a redundant braking system, including aerodynamic overspeed controls (including variable pitch, tip, and mechanical brakes). Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
			(p)	Decommissioning. The wind energy facility owner and operator, their successors or assigns, shall, at their expense, initiate decommissioning of the wind energy facility, or individual wind towers as appropriate, following a period of time exceeding one year during which the wind energy facility (or individual tower) is in a non-operational status. Decommissioning shall be a component part of a decommissioning plan and agreement between the Township and the wind energy facility owner and operator, successors or assigns. The operator shall maintain sufficient funds to address decommissioning expenses in the form of surety acceptable to the Township. The plan will be prepared by the operator and submitted as part of the zoning application and shall include provisions for:
				1)	Removal of wind towers and foundations and any other facilities and structures.
				2)	Restoration of all disturbed earth with revegetation and drainage stabilization.
				3)	Restoration of access roads, unless said road is to remain in active use by the landowner.
				4)	A decommissioning cost estimate shall be submitted to the Township Zoning Officer prior to issuance of the certificate of occupancy and updated every fifth year thereafter. An independent professional engineer shall be retained by the Township at the expense of the operator to estimate the total cost of decommissioning without regard to salvage value of the equipment.
				5)	A time line for the operator, facility owner, or landowner to complete the decommissioning plan.
				6)	If the operator has not taken substantial steps to restore operations, as determined by the Township, within six months of the effective notice, then the operator shall commence decommissioning. Decommissioning does not need to be initiated; provided, that the operator notifies the Township when the facility or individual tower(s) is off line for a period of one year due to technology and equipment factors, or unforeseen events beyond the control of the operator. The off-line period of one year shall be applied to the facility or individual tower(s) not producing electricity during the one-year period.
				7)	Upon notice from the operator, the Township shall arrange for a site inspection to be conducted by a professional(s) qualified to ascertain whether site cleanup, stabilization and restoration has been completed. Said inspection(s) shall be at the operator's expense.
			(q)	Site security acceptable to the Township shall be established at the time of decommissioning.
			(r)	The applicant shall be a signatory to the Pennsylvania Game Commission Standard Agreement for wind energy facilities at the time of application.
			(s)	Notice of a complete permit application submittal shall be given via mail delivery for the benefit of public information by the Township Secretary to the adjoining property owners and posted at the Township Building. Any other permit submission leading up to a complete application submission, such as a temporary permit issued for any meteorological data gathering tower, shall include notice of the permit posted at the Township Building and acknowledgment that the applicant is on notice that the proposed use is public information. The wind energy facility applicant shall provide a public information contact person who may be reached during normal business hours by the public upon the submission of any zoning/development permit application.
			(t)	A community impact and municipal services agreement between the applicant and the Township shall be incorporated with the permit application which shall include, but is not limited to, the provision of improvements and compensation to alleviate any undue burden on any public improvements, stormwater drainage, facilities such as emergency management, utilities, public water supplies, or services.
			(u)	Liability Insurance. There shall be maintained a current general liability policy adjusted annually to the rate of inflation covering bodily injury, property damage, and damage to any public use areas of land, watershed, or air with minimum limits of at least $1,000,000 per occurrence and $5,000,000 in the aggregate. Certificates shall be submitted to the Township Zoning Officer prior to the issuance of the certificate of occupancy. The operator shall maintain the policy and shall require the insurance carrier to notify the Township should the insurance lapse or be changed. Lapse of insurance coverage shall be cause to start decommissioning.
			(v)	Signal Interference. The operator shall mitigate any disruption or loss of radio, telephone, cellular phone, television or similar signals, and shall mitigate any harm caused by the wind energy facility in a timely manner.
			(w)	Design of all turbines, structures, access road, plus ancillary facilities and ongoing maintenance of the wind energy facility, in its entirety, shall avoid or minimize stormwater runoff impacts on nearby properties and Township property, and shall protect the quality and volume of groundwater on nearby properties.
			(x)	Design of the wind energy facility and the operating plan shall include precautions to safeguard the health of nearby residents and on-site workers. Audible sound from a wind turbine and related equipment shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from a wind turbine or wind energy facility shall be equal to or exceed the minimum standards for precision in AWEA Standard 2.1-1989. The operating plan shall include measures to minimize noise, light/shadow flicker, and vibration impacts on nearby residents. The facility owner and operator shall provide a designated person to assist any nearby resident with questions or complaints about health impacts and to facilitate operational adjustments to minimize disturbance to residents. The operating plan shall include procedures to be followed by residents to file complaints and shall include reports to the Township immediately upon receipt of a complaint and the resolution/disposition of each.
			(y)	Applicants shall identify sites for a wind energy facility to the Township which shall arrange for said applicant to secure an inspection and comments from the Township Roadmaster and Township Engineer relative to the capability of probable access roads to accommodate the construction vehicles and equipment prior to submittal of an application for zoning permit. The cost of such inspections shall be reimbursed by the applicant. Applicants shall secure and file with the Township Secretary a performance bond for any road damage. Applicants shall repair any damage to Township roads to the satisfaction of the Township Engineer. Applicants shall be responsible to design, secure approvals, construct and maintain any new access roadway needed for a specific site. Applicants shall be responsible for reimbursement of all inspections costs by the Township Engineer or his designee and related costs.
			(z)	Applicants shall be responsible to have a hazard mitigation plan and a spill prevention/response plan prepared and submitted to the Township with the permit application. Applicants shall consult with emergency response agencies serving Montour Township and shall prepare an emergency response plan specifically for the wind energy facility and secure review from those emergency response agencies.
			(aa)	Applicants shall conduct and present the scientific findings of professional preconstruction avian and wildlife impact studies as part of the application. Professional recommendations from qualified wildlife and avian biologists for facility siting precautions, design measures and operational adjustments to minimize and mitigate wildlife and avian impacts shall be presented with the application. If approved, those recommendations shall be incorporated into the approval as part of post-construction and ongoing operations plans. Studies presented with the permit application shall be presented to the PA Game Commission and US Fish & Wildlife Service for review and comment. If avian and wildlife impacts are determined to be substantial by the professional scientific studies, wind turbine operational adjustments shall be incorporated into the zoning permit to minimize such adverse impacts. Land restoration and habitat improvements to retain and enhance the site and vicinity biodiversity may be incorporated into the conditions of approval.
			(bb)	Professional geologic testing for pyritic rock and geologically unstable site conditions shall be performed for the turbine pad sites with the findings and recommendations incorporated into the conditions of approval.
			(cc)	Wind turbines shall be constructed and installed by contractors certified by the wind turbine manufacturers to perform such work. Inspection certificates from the manufacturer shall be presented to the Township Zoning Officer prior to issuance of an occupancy permit.
	H.	Small Wind Energy System. [Added 5/13/2010]				P	P	S	S	S	P
		(1)	Small wind energy systems are encouraged as alternative energy options. In order to protect public safety and adjacent landowners, a zoning permit shall be required and certain information shall be submitted.
		(2)	A drawing which shows the proposed position of wind turbine(s) in relation to existing structures and property lines, with measured distances to property lines and all existing features, shall be submitted to the Township Zoning Officer.
		(3)	Specific information on the turbine shall include manufacturer, power generating capacity, tower height, blade length, tower material, electrical cabling from the turbine to all user connections and all installation/operating instructions and safety warnings from the manufacturer.
		(4)	Supplementary Use Regulations Include:
			(a)	Wind towers shall not encroach into any airport approach glide path. All wind tower sites shall be checked by the FAA, or a local airport official authorized to conduct such siting review, and certification shall be submitted that the proposed wind towers will not create a safety hazard for aircraft.
			(b)	Wind towers shall be set back a distance not less than 1.5 times the turbine height from the property line.
			(c)	Advertising signs of any type shall not be permitted on the wind turbine towers, nacelle, meteorological tower, antennae or accessory facilities. Owner and manufacturer identification signs shall be allowed.
			(d)	Turbines shall be in compliance with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142. All electrical components shall conform to all relevant and applicable local, state and national codes, and international standards. Design of the wind energy turbine shall conform to applicable standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations prior to the issuance of the certificate of occupancy.
			(e)	Clearly visible warning signage concerning voltage must be placed at the base of all pad-mounted transformers and substations.
			(f)	Any guy wires to be installed must be clearly marked with flags, reflectors or other visual materials placed up to 15 feet from ground level.
			(g)	All access doors to wind towers and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.
			(h)	Audible sound from a wind turbine and related equipment shall not exceed 55 dBA, as measured at the exterior of any occupied building on an adjacent landowner's property. Methods for measuring and reporting acoustic emissions from a wind turbine shall be equal to or exceed the minimum standards for precision in AWEA Standard 2.1-1989.
7.	Industrial Uses.
	A.	Manufacturing				N	S*	N	N	N	P
		Including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and other products. A maintenance plan shall be required as per § 27-605.
	B.	Warehousing and Storage				N	S*	N	N	C	C
	C.	Research, Testing or Experimental Lab				N	S*	N	N	N	S
	D.	Contractor's Office and Storage				N	S*	N	N	P	P
		Such as building, cement, electrical, heating, plumbing, masonry, painting and roofing.
		*When located in A Districts, industrial uses A through D may be permitted by special exception but shall be subject to the following conditions:
		(1)	The owner or other person having primary interest in the proposed industrial use shall reside on the same parcel of land therewith.
		(2)	Unless cause is shown to the contrary and specific limits are established, the operation of any such proposed industrial use shall be contained within buildings in existence.
		(3)	No property adjacent to the proposed use shall be adversely affected.
		(4)	Accessory sales usage is permitted but must be demonstrated to be clearly incidental to the primary industrial use.
	E.	Mill				N	P	N	N	N	P
		Where grain, lumber and similar products are stored or processed.
	F.	Junkyard				N	C	N	N	N	C
		Any land, structure or land and structure in combination used for the storage, baling, packing, sorting, handling, disassembling, purchase or sale of any material or materials which are used, salvaged, scrapped or reclaimed but are capable of being reused in some form, including, but not limited to, metals, aluminum and bimetal cans, pipe, pipe fittings, tires, motor vehicles and motor vehicle parts. The presence of 3 or more unlicensed, inoperable automobiles which do not have a current valid inspection sticker as required by the Pennsylvania Motor Vehicle Code on any 1 property shall also constitute a junkyard. Any site utilized for temporary storage of recyclable materials by a nonprofit group or organization actively engaged in conducting a recycling program shall not be deemed to be a junkyard. However, such group or organization may be required to show proof of an active ongoing recycling program. Accumulations of waste tires greater than 100 not regularly used for agricultural or industrial purposes on premises shall constitute a junkyard for purposes of this chapter. No material which fails to meet this definition because it is discarded and incapable of being re-used in some form shall be placed in any junkyard. Municipal solid waste material failing to meet this definition shall be properly disposed at the disposal facility designated by the Montour Township Board of Supervisors in conjunction with any officially adopted Columbia County Municipal Solid Waste Management Plan. Junkyards and waste tire yards shall not be utilized for permanent disposal. Junkyards shall be subject to the following limitations and requirements:
		(1)	License Required for Operation. No person shall engage or continue to engage in business as a junk dealer or establish or operate a junkyard in the Township except as authorized by this chapter without first having obtained a license therefor from the Township Zoning Officer.
		(2)	License Application. Application for the license shall be made on forms prescribed by the Township and shall contain the applicant's name, address, name under which the junkyard will do business, address and precise location of the proposed junkyard, name and address of the owner(s) of said property, and upon any subsequent applications, a statement that the applicant, during the preceding term of the license, did comply with and maintain the premises in full compliance with the provisions of this chapter and all pertinent state and federal laws and regulations. Each application shall have attached a site development plan prepared in accordance with the land development plan requirements of Chapter 22 of the Montour Township Code, of ordinances showing the placement and dimensions of all buildings, storage and operating areas. If the applicant is a partnership or association, the application shall furnish the above information for every member thereof. If the applicant is a business corporation, the application shall furnish the above information for each officer and director thereof. The application shall be signed by the applicant if an individual, by all members if a partnership or association, and by the president and secretary if the applicant is a business corporation. A separate application shall be required for each junkyard.
		(3)	Annual License Fee. An annual fee, as established by resolution of the Board of Supervisors, shall be paid for every license or renewal thereof issued hereunder. All licenses shall be issued for a term of one year beginning July 1 and ending June 30 of the following year. All licenses must be renewed annually on or before the first day of July. Each license shall be issued on the condition that it may be summarily revoked in the event that the licensee is found to have given any false information or in any way misrepresented any material fact which influenced the decision to issue the license.
		(4)	License Posting. The license shall be conspicuously posted at all times upon the licensed premises showing the address of the premises licensed and the name of the licensee.
		(5)	License Limited to Only 1 Location. No person shall, by virtue of 1 license issued to him, engage in business as a junk dealer in more than 1 location nor operate or maintain more than 1 junkyard within the Township, nor shall any person operate or maintain a junkyard in any location within the Township other than the place designated on the license.
		(6)	License Transfer. No license issued by the Township shall be transferable by the licensee to any other person unless the transfer is approved in advance by the Zoning Officer. Any person desiring to transfer a license shall submit a license application as required in § 27-402(7)(F)(2) of this chapter. In the event the application for transfer is approved, the transferee shall immediately pay a transfer fee as established by resolution of the Board of Supervisors.
		(7)	Records of Business Transactions Required. Every licensee hereunder shall keep and maintain on the licensed premises permanent records of all junk received at or removed from said premises. Such permanent records shall contain the name and address of the person from whom the junk was received or to whom the junk was delivered, the date of such receipt or delivery, and a reasonably full and complete description of every article or item and load of junk received or removed. Such records shall at all times be open to inspection by the Township Zoning Officer or other duly authorized official or agent of the Township.
		(8)	Junked Material Must Be Kept for 24 Hours After Receipt. Every licensee shall keep and retain upon the licensed premises, for a period of 24 hours after the purchase, acquisition, or receipt thereof, every item or article of junk so purchased, acquired, or received upon the premises. The licensee shall be responsible to see that all such junk shall not be changed, reduced or altered in form, shape, or condition until such period of 24 hours shall have elapsed, except as required in § 27-402(7)(F)(10) of this chapter.
		(9)	Inspection of Premises. Such premises shall at all times be open to inspection by the Township Zoning Officer or other duly authorized official or agent of the Township.
		(10)	Standards for Development and Maintenance of the Premises. Every licensee hereunder shall develop and at all times maintain the licensed premises in the manner hereinafter prescribed and in accordance with all state and federal laws and regulations:
			(a)	No municipal solid waste, garbage, industrial residual wastes, sludges or organic wastes shall be purchased, acquired, received, stored or processed except for removal of unusable or nonrecyclable parts and incidental items contained within the primary junk article.
			(b)	No junk shall be stored, accumulated or processed within a 100-year floodplain, within 300 feet of a wetland, stream, woodland, occupied dwelling or property line; provided, however, that nothing in this subsection shall apply to prevent the continued utilization of existing structures within established junkyards currently operating legally within Montour Township. Waste tire piles shall not be placed within 500 feet of a wetland, stream, woodland or occupied dwelling or property line.
			(c)	Every structure erected upon the licensed premises and used in connection therewith shall be of fireproof construction.
			(d)	The licensed premises shall be enclosed by a metal chain link fence constructed of and supported by heavy duty steel, or in lieu thereof, a solid masonry or metal wall of a design, texture, material, and color which is compatible with the natural setting of the site. Erection of such fence or wall shall be 50 feet in the front and 30 feet on the side and real property lines and shall not be less than eight feet in height. The walls of such buildings used for offices, storage and other appropriate uses may form a portion of said fence or wall; provided, that such structures do not project into the setback areas required herein. Any gate or door to the junkyard shall be kept securely locked at all times when the junkyard is not in operation.
			(e)	The area between the fence or wall required herein and any public right-of-way shall be planted with shrubbery, bushes or evergreens at reasonable intervals between each such plant so as to provide an effective visual screen of 75% opacity of the view of all stored materials or items and operating areas by the end of a 10-year growth period.
			(f)	Such fences, walls and landscaping screens shall be regularly and frequently maintained and all dead or damaged plant material shall be replaced as needed.
			(g)	In order to avoid visibility of junked vehicles and other materials and to provide for access by firefighting equipment, the placement of all junk and materials shall be prohibited on hillsides and on land greater than 15% in surface slope.
			(h)	All junk shall be stored or arranged so as to permit access and maneuvering by firefighting equipment plus effective firefighting operations. Junk vehicles shall be placed in rows with minimum cleared aisle widths of 25 feet when vehicle bodies are not stacked vertically, or 50 feet when vehicle bodies are stacked vertically. Vertical stacking is limited to two bodies which are not crushed and not more than four bodies which are crushed, or 15 feet maximum. Waste tire piles shall be limited to 15 feet in height and no greater than 10,000 square feet in area.
			(i)	All junk shall be stored or arranged so as to prevent accumulation of stagnant water. A regular ongoing vermin and vector control program shall be required with documentation of such efforts maintained as part of the records to be available for Township inspection.
			(j)	All gasoline and highly flammable liquid or gases shall be drained from all junk and junked vehicles and removed from the premises or properly stored in a manner approved by the Township Fire Chief within 12 hours from arrival of the junked vehicle or junk on the premises. No more than 50 gallons of gasoline, in aggregate, shall be stored above ground.
			(k)	All weeds on the licensed premises shall be kept mowed and shall not be permitted to go to seed.
			(l)	Such licensed premises shall be maintained in such a manner so as not to cause a public or private nuisance; a menace to the health or safety of persons on or off the premises; offensive or noxious sounds or odors; or a violation of any health or sanitation law, ordinance or regulation of Montour Township, Columbia County, the Commonwealth of Pennsylvania, or the United States of America.
		(11)	Burning Restricted. No burning of junk, rubbish, garbage or other material connected with a junkyard shall be allowed.
		(12)	Penalties. See § 27-103 of this chapter.
		(13)	Other Remedies. See § 27-103 of this chapter.
		(14)	No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes. All paper, rags, cloth and other fibers or activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
		(15)	A maintenance plan shall be required as per § 27-605.
	G.	Sanitary Landfill or Incinerator				N	C	N	N	N	C
		Subject to the following requirements:
		(1)	Such facility shall be established and operated in accordance with the applicable requirements of all regulating bodies such as the Pennsylvania Department of Environmental Protection. Such facility shall be established and operated in compliance with and specifically designated in the Columbia County Municipal Solid Waste Management Plan.
		(2)	A lot area of not less than 25 acres shall be provided.
		(3)	No sanitary landfilling operation or incineration shall take place within 200 feet of any street or property line.
		(4)	The lot shall have direct access to either an arterial or major collector highway as shown in the Comprehensive Plan.
		(5)	It shall be demonstrated that the use, because of its location and proposed method of operation, will not have an adverse effect upon any surrounding portions of Montour Township.
		(6)	Such facility is part of a solid waste plan approved by the Township Supervisors.
		(7)	In addition to bonding requirements of the Pennsylvania Department of Environmental Protection, the permittee shall post with the Township bond(s) equal to 100% of the cost of engineering services for the reconstruction or modification of any Township roads, drainage, and other related facilities needed as a result of the solid waste facility, as estimated by a professional engineer selected by the Township.
		(8)	The permittee shall either construct according to the Township specifications, or compensate the Township in advance, for any road, drainage, or other facilities needed as a result of the solid waste facility.
	H.	Extractive Operations				C	C	N	N	N	C
		Including any open excavation such as quarries, strip mines and borrow pits, subject to the following requirements.
		(1)	Operations — Extractive operations shall meet all development and performance standards of Part 6, except buffering as required in § 27-602 which shall be as the Township Supervisors prescribe. All use of explosives and drilling or excavation techniques will not pose substantial likelihood of adverse impact upon adjacent and nearby properties and the groundwater resources in the vicinity.
		(2)	Setbacks — No excavation, quarry wall, storage or area in which processing is conducted shall be located within 50 feet of any lot line, 100 feet of any street line nor 200 feet of any SR or VR District boundary line.
		(3)	Grading — All excavations, except stone quarries, shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
		(4)	Access — Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties.
		(5)	Stone Quarries — Stone quarries whose ultimate depth shall be more than 25 feet shall provide the following:
			(a)	A screen planting within the setback area required in Subsection (7)(H)(2) above shall be required. 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.
			(b)	A fence or suitable barrier of a type approved by the Board of Supervisors shall be placed at either the inner or outer edge of planting.
			(c)	Warning signs shall be placed on the fence at intervals of not less than 100 feet completely surrounding the area.
		(6)	Proposed Usage — Any proposed or existing extractive operation proposed to expand beyond the limits prescribed in § 27-903(2)(C), shall submit and have approved a site plan for use of the site following completion of extraction. Such plan shall show:
			(a)	Final grading by contours.
			(b)	Interior road pattern, its relation 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: (1) proposed tree screen locations; (2) soil embankments for noise, dust and visual barriers and heights of spoil mounds; (3) method of disposition of excess water during operation; (4) location and typical schedule of blasting; (5) machinery - type and noise levels; and (6) safety measures - monitoring of complaints.
	I.	Forestry Uses				P	P	P	P	P	P
		Commercial timber-harvesting operations are permitted by right in the Conservation, Agriculture and Industrial Districts and by special exception in all other districts, so long as compliance with these special regulations is maintained for the duration of all harvesting and required follow-up activities. Commercial timber-harvesting operations include cutting trees for sale as timber, pulp wood, cord wood or for any other commercial purpose.
		(1)	The following cutting and logging activities are exempt from these regulations:
			(a)	A person cutting on their own property or the property of another with permission for their own or their family's personal use.
			(b)	Clearing of a building pad for a home, garage, accessory building, farm structure, or recreational facility or other uses normally incidental to the residences or principal uses allowed in that district.
			(c)	Clearing for a garden or horticultural operations or other farming operations.
			(d)	Selective cutting of timber from a woodlot up to 5 acres for personal use or for sale as a cash crop.
		(2)	Commercial timber-harvesting operations shall be required to notify the Township Supervisors, in writing, prior to the start of any harvesting or site preparations in order to alert all parties if road limitations or impact might become a problem and to prevent such problems.
		(3)	Harvesting methods which prevent erosion and sedimentation, stimulate forest regeneration and maintain the natural resource quality and aesthetic beauty of Montour Township are generally permitted.
		(4)	In accordance with Pennsylvania law, harvesting operators, whether commercial or private landowners, shall not drive logging equipment through or across watercourses or leave tree-tops which block watercourses.
		(5)	Buffers of existing vegetation shall be left intact along streams, except for removal of hazard trees. For purposes of this chapter, "hazard trees" shall be defined as trees which pose a danger to life, property or utilities or may create or increase flood levels/damage.
		(6)	The Zoning Officer shall, upon approval of the zoning permit, also issue a permit placard which the applicant shall post conspicuously at the point of nearest public access to the property to be timbered, such posting to occur at least three days in advance of the start of site preparation or timbering operations.
		(7)	The zoning permit, where applicable, shall indicate the length of time anticipated to complete the harvesting activity and the time of year when the activity is scheduled.
		(8)	A site restoration plan shall be submitted to the Township Zoning Officer as part of the initial permit application.
		(9)	A performance bond, or other financial security acceptable to the Township, made payable to Montour Township, to cover repair and restoration of any Township roads and drainage or erosion control or stormwater management facilities used for access to logging operations, shall be submitted to the Township Secretary at least two weeks in advance of any site preparation work or harvesting operations.
		(10)	Zoning permits issued for all such activities shall be valid for six months, unless otherwise extended by the Township Zoning Officer. There shall be a flat fee charge for such permits, in accordance with the applicable Township Fee Schedule.[2]
8.	Accessory Uses
	A.	One-Family Detached Dwelling				N	P	P	P	N	N
		Or mobile home for use as a residence by relatives, tenant farmer or employees of a farm or estate, provided:
		(1)	Such detached dwelling or mobile home meets all requirements of this chapter and other applicable ordinances or regulations except location on a separate lot.
		(2)	Only one of either an additional dwelling or mobile home is permitted unless permission for additional dwellings is specifically granted by the Zoning Hearing Board by special exception.
	B.	Home Occupation				S	S	S	S	S	S
		Activities customarily carried on in a dwelling unit and the dwelling for residential purposes, provided:
		(1)	The home occupation shall be carried on predominately indoors and predominately within the principal building in a manner and scale which does not materially change the neighborhood character.
		(2)	There shall be no maintenance of a stock-in-trade, no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and regulated in Part 7; and there shall be no exterior storage of materials.
		(3)	Only minor alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation so long as said alterations, additions or changes are done in a manner and scale which does not materially change the neighborhood character.
		(4)	No articles shall be sold or offered for sale except as may be produced on the premises.
		(5)	No repetitive servicing by truck for supplies and materials shall be required.
		(6)	The home occupation shall be carried on only by members of the immediate family residing in the structure.
		(7)	Off-street parking is provided in accordance with Part 8 of this chapter.
	C.	Drive-In Stand				P	P	P	P	P	P
		Not exceeding 400 square feet of gross floor area for the sale of farm, nursery or greenhouse or craft products produced on the premises where offered for sale, provided:
		(1)	The stand shall not be nearer than 50 feet of any intersection nor within 10 feet of any right-of-way.
		(2)	The stand shall be of temporary construction but maintained in good condition.
	D.	Principal Use as an Accessory Use				S	S	S	S	S	S
		If any principal use listed in this table is proposed as an accessory use to another permitted principal use, permission to establish such proposed accessory use shall be granted only by special exception and provided clear demonstration that such use is related to, supporting of, yet clearly incidental to the principal use.
		(1)	Home Business. Activities customarily carried on in conjunction with a dwelling or accessory structure at a volume or scale somewhat larger than a home occupation but clearly smaller than a freestanding business provided:
			(a)	The home business shall be carried on in a manner and scale which does not materially change the neighborhood character, including the size and frequency of trucks which service the home business and the manner in which materials, supplies and products are stored.
			(b)	There shall be no use of show windows, display or advertising visible outside the premises to attract customers or clients other than the home business signs as permitted and regulated in Part 7.
			(c)	Only minor alterations, additions or changes to the principal residential structure shall be permitted in order to accommodate or facilitate a home business so long as said alterations, additions or changes are done in a manner and scale which does not materially change the neighborhood character.
			(d)	Only small scale outdoor storage which is completely screened from any exterior view outside the lot lines shall be allowed.
			(e)	The home business shall be primarily conducted by members of the family residing at the premises and shall be limited to no more than 2 part-time employees who work at the premises less than 65% of a normal work week.
	E.	Accessory Uses [Added 3/14/2013]				P	P	P	P	P	P
		Including, but not limited to, noncommercial greenhouses, tool sheds, private garages, household swimming pools or similar accessory structures and other accessory uses customarily incidental to a permitted use and not normally conducted as an independent principal use; provided, however, that any use accessory to a use permitted only by special exception shall be established only if and as provided in such permit. Furthermore, household swimming pools shall comply with Appendix G of the International Residential Code, as amended, copies of which are on file in the Office of the Tri-County Council of Governments International Building Code Inspection Service Committee which is the agency appointed by Montour Township to administer the Uniform Construction Code.
	F.	Temporary Structure or Use				P	P	P	P	P	P
		A temporary permit may be issued for structures or uses accessory during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions.
		(1)	The life of such permit shall not exceed 6 months, renewable at 3-month intervals.
		(2)	Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board.
		(3)	Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.
	G.	Outside Storage or Display				N	P	N	N	P	P
		Other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use; provided no part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage or display. In the HC Districts only:
		(1)	Outside storage and display areas shall occupy an area of less than one-half the existing building coverage.
		(2)	Outside storage and display areas shall be shielded from view from the public streets or adjacent residential districts.
	H.	Mobile Home or Recreational Trailer				P	P	P	P	P	P
		Storage of, subject to the following conditions.
		(1)	One unoccupied mobile home or recreational vehicle may be stored on a lot occupied by the owner of the recreational vehicle, provided such recreational vehicle shall be placed in such a position as to meet all dimensional requirements for the district within which it is located.
		(2)	In addition, one mobile home may be occupied temporarily by the owner of the land upon which it is to be placed during the construction of a permanent dwelling thereon. The permit for each placement of a trailer shall be for a period of not more than 90 days and shall be renewable for not more than two additional periods of 90 days each.
	I.	Off-Street Parking				P	P	P	P	P	P
		Subject to the provisions and requirements of Part 8.
	J.	Signs				P	P	P	P	P	P
		Subject to the provisions and requirements of Part 7.
	K.	Hazardous Materials Use, Storage, Production, Processing				S	S	N	N	S	S
	L.	Clean Fill Disposal				S	S	S	S	S	S
		Clean fill disposal operations may be permitted only as special exceptions within those districts listed herein and are subject to the following:
		(1)	Evaluation of the application for a zoning permit shall include the following requirements at a minimum and the Township may require such additional information as deemed necessary according to the site-specific circumstances and the proposed use or development.
		(2)	Traffic and environmental safety measures shall be provided; truck access and unloading shall be provided without adverse impact on adjacent roadways and properties.
		(3)	Lighting for night operations and signs shall be positioned and designed to avoid glare and safety hazards on adjacent roadways or properties.
		(4)	Fill material storage and disposal shall be provided without adverse impact upon adjacent roadways or properties.
		(5)	All use of excavation and filling techniques shall not pose substantial likelihood of adverse impact upon adjacent and nearby properties and the groundwater systems in the vicinity.
		(6)	All excavations and fill shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
		(7)	Reinforcement bars and wire mat shall be cut off flush with the masonry.
	M.	Dependant-Care Unit				S	S	S	N	N	N
		Within the SR Suburban Residential, VR Village Residential, A Agricultural, and C Conservation Districts, dependent-care units may be permitted as a second principal or an accessory residence by special exception, subject to the following requirements:
		(1)	A dependent-care unit shall be restricted to members of the immediate family.
		(2)	Limitations and conditions for occupancy or continuation of occupancy shall be established by the Zoning Hearing Board, including, but not limited to, life tenure of the resident family member(s), prohibition of commercial rental or compensation, etc.
		(3)	Where a dependent-care unit is to be connected to the existing on-lot sewage system for the principal residence, the applicant shall secure an on-lot sewage permit for the modification to connect such unit and a determination from the Township SEO that the existing system is not malfunctioning and can accommodate the anticipated additional sewage flows. Where a dependent-care unit is to be connected to the existing public Township sewage system for the principal residence, the applicant shall make application to the Township for adjustments to the number of equivalent dwelling units (EDUs) allotted to that principal residence in order to accommodate the dependent-care unit.
		(4)	Where a dependent-care unit is to be connected to the existing water well for the principal residence, the applicant shall secure a plumber's opinion that the existing water system can provide the needed water for the extra persons. Where the existing system is not adequate, the applicant shall show evidence that the system has been enlarged to provide adequate water supply and water quality.
		(5)	Where a live-in attendant is necessary, notification of the Zoning Officer and SEO is required in advance of such occupancy.
		(6)	Off-street parking shall be provided in accordance with § 27-800(1), for residential uses, i.e., 2 spaces per dwelling unit plus 1 space per bed in the dependent-care unit.
		(7)	Where a second residence is proposed, a land development plan shall be submitted in accordance with Chapter 22, Subdivision and Land Development.
		(8)	Where applicable, the zoning permit shall be issued as a temporary permit only, with the duration of the permit, as approved in the special exception by the Zoning Hearing Board, specifically noted on the permit.
		(9)	If the duration of the zoning permit is limited to a specified use or family circumstance, when that circumstance no longer exists, the permit shall thereupon become null and void and shall be revoked by the Zoning Officer.
		(10)	Where a freestanding temporary structure is proposed, the zoning permit may be limited to a specified structural type which will facilitate removal of the structure upon expiration of the zoning permit.
		(11)	Restoration of the site to preexisting conditions may be required by the Zoning Hearing Board where appropriate.
		(12)	The Zoning Hearing Board may require, as a condition of approval, that the conditions of approval be recorded with the land development plan.
		(13)	The Zoning Hearing Board may require, as a condition of approval, that the structure be restored to conform to the principal permitted use on that lot.

[1]

Editor's Note: See 35 P.S. § 7210.101 et seq., 35 P.S. § 721.1 et seq., and 35 P.S. § 750.1 et seq.

[2]

Editor's Note: See Ch. 1, Part 6, Fee Schedule.