[Ord. No. 1049, 11/18/2019]
1. 
All land and watercourses defined herein as floodplains shall be subject to the following regulations regardless of the district regulations within which such land and watercourses are located. The identified floodplain area shall be: A) any areas of Ferguson Township subject to the 100-year flood, which is identified as Zone A (area of special flood hazard) in the Flood Insurance Study (FIS) with the effective date of May 4, 2009, and the accompanying maps or the most recent revision thereof as issued by the Federal Emergency Management Agency, including all digital data developed as part of the Flood Insurance Study, and B) those areas designated as alluvial soils by the Soil Survey of Centre County, Pennsylvania, prepared by the U.S. Department of Agriculture, dated 1981.
2. 
The AE Area/District (Flood Insurance Risk Zone) shall be those areas identified as an AE Zone on the Flood Insurance Rate Map (FIRM) included in the FIS prepared by FEMA and for which 100-year-flood elevations have been provided in the FIS.
3. 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 100-year-flood elevations have been provided. For these areas, elevation and floodway information from federal, state or other acceptable sources shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site. In lieu of the above, the municipality may require the applicant to determine the 100-year-flood elevation with detailed hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualification, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. Where a difference exists between these two documents, the document which delineates the greater area shall be used. Any changes to the data contained in the Flood Insurance Study are subject to the approval of the Federal Insurance Administration.
A. 
Intent. It is the intent of this section to preserve the natural functions of floodplains, to protect life and property from the hazards of flooding, to protect the waters of the Township and to minimize the financial burdens which floods impose upon the community. These purposes shall be advanced by preventing certain uses and structures from locating in floodplains while allowing others which will not 1) impede the flow of floodwaters, 2) present the hazard of pollution, erosion and sedimentation of floodplains and watercourses, 3) result in increased surface runoff and downstream flooding, and 4) impede the recharge of aquifers.
(1) 
Areas subject to periodic inundation by floodwaters shall include a) all flood hazard areas indicated on the aforementioned Flood Insurance Rate Maps, and b) the following alluvial soil types indicated on the aforementioned soil survey maps:
Symbol
Name
At
Atkins Silt Loam
Ba
Basher Loam
Ca
Carlisle Muck
Ch
Chagrin Soils
DU
Dunning Silty Clay Loam
LX
Lindside Soils
Mm
Melvin Silt Loam
No
Nolin Silt Loam
Ph
Philo Loam
Pk
Philo and Atkins very stony soil
Po
Pope soils
(2) 
Natural drainage swales subject to periodic inundation by runoff rather than floodwaters are also subject to the floodplain conservation regulations. Such drainage swales are identified as Nolin silt loam soils, soil symbol "No" on the aforementioned soil survey maps.
B. 
Permitted Uses. Floodplains may be only used for the following, provided such uses and structures do not conflict with the limitations of Subsection 3C, below:
(1) 
The tilling of the land, the raising of crops, fruits and vegetables and the raising and keeping of livestock and poultry.
(2) 
Horticultural uses related to the raising, propagating and selling of trees, shrubs, flowers and other plant materials.
(3) 
Forestry uses related to the harvesting of lumber products.
(4) 
Public and private conservation areas for the conservation of open space, water, soil and wildlife resources.
(5) 
Retaining walls, flood retention dams, culverts and bridges as permitted by the Pennsylvania Department of Environmental Protection.
(6) 
Customary uses accessory to the above.
C. 
Use Limitations. Uses permitted in § 27-701, Subsection 3B are limited as follows:
(1) 
All new construction or development (including substantial improvements) are prohibited.
(2) 
Improvements or modifications to an existing structure shall be permitted but they shall be elevated or floodproofed as much as possible, provided that said improvements or modifications involve a) less than 50% of the fair market value, and b) less than 50% of the square footage as it existed on March 8, 1984.
(3) 
All other uses whether temporary or permanent are prohibited including, but not limited to, the following which are not interpreted as being customary accessory uses: filling in of the floodplain; sanitary landfill or dumping of any kind; fences which impede, retard or change the direction of the flow of water or catch or collect debris carried by such water; outdoor storage of materials which are buoyant, flammable or explosive; and on-site sewage disposal systems.
(4) 
Prior to any proposed alteration or relocation of any stream or any watercourse, etc., within the Township, a permit shall be obtained from the Department of Environmental Protection, Dams and Encroachment Division, as specified in the Dam Safety and Encroachment Act, as amended.[1] Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development.
(a) 
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
[1]
Editor's Note: See 32 P.S. § 693.1 et seq.
D. 
Zoning Permit. Prior to the issuance of any zoning permit, the Zoning Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended[2]); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[3]); the Pennsylvania Clean Streams Act (Act 1937-394, as amended[4]); and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1. et seq.
E. 
Land Development Plan Review. Any applicant for a zoning permit who is engaging in land development (as that term is defined in Chapter 22, Subdivision and Land Development) within a floodplain or 100 feet therefrom shall submit, along with the application, a land development plan as required in Part 10 of this chapter.
F. 
Conditional Use. Local alluvial soils, while not always displaying all of the characteristics common to alluvial soils, may be subject to periodic inundation or flooding. For this reason they shall be considered an integral part of the floodplain network. However, they may be exempted from the provisions of this section when it is determined that, by use of proper engineering and conservation practices, such conditional use will not have the effect of nullifying the intent of this section and they are not within a watercourse, drainageway channel or stream, or within the floodplain area of the Flood Insurance Rate Map for Ferguson Township as prepared by the Federal Insurance Administration. A conditional use may be a use as permitted by the existing Township zoning district, where the soils are found as previously listed and a floodplain does not exist.
(1) 
In granting a conditional use, the Board of Supervisors shall:
(a) 
Consider that there is good and sufficient cause.
(b) 
Consider that failure to grant the conditional use will result in exceptional hardship to the applicant.
(c) 
Consider that the granting of the conditional use will:
1) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense.
2) 
Nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
(2) 
Make sure that a conditional use shall involve only the least modification necessary to provide relief.
(a) 
Attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to meet the intent of this section.
(b) 
Require the applicant to comply with all applicable requirements of the National Flood Insurance Program regulations (60.3a, b and c), including the requirements for floodproofing, anchoring and elevation.
(3) 
Notwithstanding the provisions of this section, no conditional use shall be granted for the following obstructions and activities if located entirely or partially within an identified floodplain area:
(a) 
Hospitals (public or private).
(b) 
Nursing homes (public or private).
(c) 
Jails or prisons.
(d) 
New manufactured home parks and manufactured home subdivisions, and substantial improvements to existing manufactured home parks.
(e) 
Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any one of the following dangerous materials or substances and 935 gallons in the aggregate on the premises:
1) 
Acetone.
2) 
Ammonia.
3) 
Benzene.
4) 
Calcium carbide.
5) 
Carbon disulfide.
6) 
Celluloid.
7) 
Chlorine.
8) 
Hydrochloric acid.
9) 
Hydrocyanic acid.
10) 
Magnesium.
11) 
Nitric acid and oxides of nitrogen.
12) 
Petroleum products (gasoline, fuel oil, etc.)
13) 
Phosphorus.
14) 
Potassium.
15) 
Sodium.
16) 
Sulfur and sulfur products.
17) 
Pesticides (including insecticides, fungicides and rodenticides).
(f) 
Any residential dwelling.
(4) 
Whenever a conditional use is granted, the Zoning Administrator shall notify the applicant, in writing, that:
(a) 
The granting of the conditional use may result in increased premium rates for flood insurance.
(b) 
Such conditional uses may increase the risks to life and property.
(5) 
A report of all conditional uses granted under this section during the year shall be included in the annual report to the Federal Insurance Administration.
(6) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.
G. 
Wetlands. Areas subject to periodic inundation by floodwaters and/or occurring without flooding shall include:
(1) 
All wetland locations mapped on Fish and Wildlife Service National Wetlands Inventory Maps for Ferguson Township.
(2) 
Any wetlands identified by on-site field investigation that finds hydric soils and/or common wetland indicator plants.
(3) 
Requirements for construction of obstructions, structures and uses affecting wetlands:
(a) 
Land development plans are to contain boundaries of any wetlands, existing vegetation cover and location of existing soils.
(b) 
Soils having severe limitations due to wetness for crops, leach fields, buildings or roads are possible wetlands and require Pennsylvania Department of Environmental Protection and U.S. Army Corps of Engineers review and approval of permits.
(c) 
Upon the approval by the Department of Environmental Protection and Corps of Engineers of required permits for the land development in the identified wetland areas, the land development plan and/or subdivision plan may then be submitted to the Township for review and approval.
(d) 
The Township procedures of approval may have conditions attached as needed to further the goal of prohibiting development in floodplains and wetlands.
H. 
Floodways. No activity, land development, structure, building or obstruction shall be permitted within an identified floodway portion of the floodplain district.
I. 
Use Buffer. A land buffer remaining in its natural condition shall be not less than 100 feet separating the permitted use from the edge of the top of the bank of the watercourse. The 100-foot distance is to start from the outermost edge of the watercourse measured in a perpendicular direction to the approved use. A fifty-foot land buffer remaining in its natural condition shall be provided between the permitted use and the edge of the floodplain as defined by FEMA.
J. 
Variances.
(1) 
Any variances granted by the Zoning Hearing Board to any of the floodplain conservation regulations of this section shall be subject to the same standards and requirements as applied to the granting of conditional uses in § 27-701, Subsection 3F.
(2) 
In addition to meeting the requirements of § 27-701, Subsection 3E, whenever a variance is granted, the Township shall notify the applicant, in writing, that the granting of the variance may result in increased premium rates for flood insurance and may increase the risks to life and property.
(3) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year-flood elevation.
(4) 
No variance shall be granted for any construction, development, use or activity within the floodplain area that would, together with all other existing and anticipated development, increase the 100-year-flood elevation more than one foot at any point.
K. 
Abrogation and Greater Restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive.
[Ord. No. 1049, 11/18/2019]
1. 
All land defined herein as having steep slopes shall be subject to the following regulations:
A. 
Intent. It is the intent of this section to control the following purposes: 1) to limit erosion and sedimentation, 2) to prevent an increase in the possibilities of landslides and soil subsidence, 3) to maintain adequate foliage cover on hillsides and 4) to protect streams from increases in sediment and pollution.
B. 
Permitted Uses. Steep slopes may be used as permitted by the district regulations within which they are located, subject to the additional requirements below.
C. 
Principles of Development. Where it is necessary to use steep slopes (25% or greater) to permit development of a lot, all such proposals shall, in addition to other applicable regulations of this chapter, be in accordance with the following principles of development. All development on steep slopes shall:
(1) 
Be oriented so that grading and other site preparations are kept to an absolute minimum.
(2) 
Where grading is essential, shape such grading to complement the natural land form.
(3) 
Be staged where necessary to complete construction of each stage during a season so that large areas of disturbed land are not left bare and exposed during the winter-spring runoff period.
(4) 
Accomplish all paving as rapidly as possible after grading.
(5) 
Allocate to open space and recreation uses those areas least suited to development, as evidenced by competent soils, geology and hydrology investigations.
(6) 
Landscape areas around structures to blend them with the natural landscape.
(7) 
Take measures to minimize erosion and sedimentation and to limit increases in stormwater runoff in accordance with related regulations of the Township and the Commonwealth of Pennsylvania.
D. 
Land Development Plan Review. All applications for zoning permits for lot, uses and structures located, in whole or in part, on land with steep slopes shall submit, along with the application, a land development plan as required in the Township Subdivision and Land Development Ordinance.[1]A land development plan is not required for residential dwellings when a zoning permit is issued for lot, uses and structures that are not located directly on the steep sloped portions of the lot and are not within 50 feet of the steep slopes on the lot.
[Amended by Ord. No. 1076, 3/15/2022]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
[Ord. No. 1049, 11/18/2019]
1. 
All uses of land and structures shall be prohibited which produce heat or vibration perceptible beyond the lot line.
2. 
No agricultural operation or any of its appurtenances, lawful under this chapter, shall be or become a public nuisance under this chapter, provided the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.
[Ord. No. 1049, 11/18/2019]
1. 
The outdoor storage of materials shall be subject to the following requirements:
A. 
All outdoor storage of fuel, raw materials and products, except finished products for retail sale to the public, for a commercial or industrial use, in any commercial, industrial or village district, shall be completely screened from view from any public right-of-way and residential district by a sight-obscuring evergreen planting, fence or wall. Secondary fuel containment shall be constructed as necessary.
B. 
All discarded organic rubbish or garbage stored outdoors shall be placed in watertight, vermin-proof containers.
C. 
All trash dumpsters, compactors and other refuse storage containers, other than those for single-family detached homes and other curbside collection, must be completely screened from view on all sides. The screening to be installed must be sight-obscuring and shall be installed at the height of the dumpster/refuse container. The permitted screening materials are as follows: a fence, evergreen plantings in combination with deciduous shrubs or a wall. Plants installed for screening are required to be the height of the dumpster/refuse container at the time of planting. Refuse storage containers other than those for single-family detached homes and other curbside collection shall not be permitted in the front yard of any property.
[Ord. No. 1049, 11/18/2019]
The illumination of any lot, use or structure shall comply with Chapter 4 of the Code of Ordinances of The Township of Ferguson, entitled "Outdoor Lighting Regulations."
[Ord. No. 1049, 11/18/2019]
See Ferguson Township Subdivision and Land Development.[1]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
[Ord. No. 1049, 11/18/2019; Ord. No. 1080, 11/1/2022; Ord. No. 1087, 2/21/2023]
1. 
Intent. The wireless communications facilities (WCF) regulations are intended to achieve the following:
A. 
To provide a competitive and wide range of communications services.
B. 
To encourage the shared use of existing communication towers, buildings and structures.
C. 
To ensure compliance with federal and state regulations.
D. 
To promote the health, safety and welfare of Township residents and businesses with respect to wireless communications facilities.
E. 
To address modern and developing technologies including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other communications facilities.
F. 
To establish procedures for design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Township, including facilities both inside and outside of the public rights-of-way.
G. 
To protect Township residents and businesses from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.
2. 
General Requirements for All Tower-Based Wireless Communications Facilities. The following regulations shall apply to all tower-based wireless communications facilities:
A. 
Standard of Care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety, and safety-related codes including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
B. 
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry (ANSFEINTIA-222-E Code, as amended).
C. 
Zoning Districts. All tower-based WCF constructed outside the ROW shall be permitted as a conditional use in the Rural Agricultural (RA), Agricultural Research (AR), Rural Residential (RR), General Commercial (C), Forest/Game Lands (FG), Traditional Town Development (TTD), Industrial (I) and Light, Industry, Research and Development (IRD) Zoning Districts by the Board of Supervisors.
D. 
Standards for Conditional Use. Any tower-based WCF outside of the ROW shall be permitted by conditional use in the zoning districts designated in § 27-710, Subsection 2C. All conditional uses shall be reviewed with the standards and criteria of this section. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards as necessary to implement the purposes of this section and the Pennsylvania MPC.[1]
(1) 
The applicant shall provide documentation that justifies the minimum functional height of the proposed tower and shall not exceed a maximum total height of 200 feet and shall include all subsequent additions or alterations. Applicants shall submit documentation to the Township justifying the total height of the structure. Height shall be measured from the average natural grade to the top point of the communications tower or antenna, whichever is greater.
(2) 
The applicant shall provide documentation to the Township which details the commitment to provide capacity on the proposed tower-based WCF to more than one provider.
(3) 
The applicant shall provide documentation to the Township that the height of the proposed tower is the minimum height needed to provide the required services.
(4) 
Tower-based WCFs shall employ stealth technology, which may include painting the tower portion silver or another color, utilizing a galvanized or "self-rusting" finish, or designing as a tree or other structure as approved by the Board of Supervisors.
(5) 
A plan shall be required for all wireless communication facilities showing the antenna array, support structure, building, fencing, buffering, access, and other information as the Township may require illustrating the relationship between the proposed facility and adjacent structures and property lines.
(6) 
Setback and location requirements may be modified during the public hearing for the conditional use if the Board of Supervisors finds that placement of a wireless communication facility with support structure in a particular location will reduce its visual impact, or for other reasons as presented during the hearing.
(7) 
The applicant shall comply with the standards of approval for all wireless communication facilities as set forth in this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Public Safety Communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F. 
Maintenance. The following maintenance requirements shall apply:
(1) 
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair, except as permitted and in accordance this section.
(2) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(3) 
All maintenance and activities shall utilize the best available technology for preventing failures and accidents.
G. 
Radio Frequency Emissions. No tower-based WCF may, by itself or in conjunction with other WCF, generate radio frequency emissions in excess of the standards and regulations of the Federal Communications Commission (FCC) including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The applicant shall provide, upon request, a statement from a qualified licensed and professional registered engineer that the non-ionizing electromagnetic radiation (NIER) emitted from the tower-based WCF, when measured in conjunction with the emissions from all communications antenna on the tower, does not result in an exposure at any point on or outside such facility which exceeds the lowest applicable exposure standards established by the FCC or the ANSI.
H. 
Historic Buildings or Districts. No tower-based WCF may be located on or within 200 feet of a site that is listed on an historic register, a site listed for inclusion on the historic register, or in an officially designated state or federal historic district.
I. 
Identification. All tower-based WCF shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township. The notice shall not exceed two square feet in gross surface area and shall maintain the contact party.
J. 
Lighting. Tower-based WCF shall not be artificially lighted, except as required by the Federal Aviation Administration and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. No flag shall be located on the structure that requires lighting.
K. 
Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as determined by the Board of Supervisors during the public hearing to harmonize with the surroundings.
L. 
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 10, Part 3, of the Ferguson Township Code of Ordinances, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
M. 
Aviation Safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
N. 
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
O. 
Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. All complete applications for tower-based WCF shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Township shall advise the applicant, in writing, of its decision. If additional information is requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
P. 
Nonconforming Uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section. Co-location of facilities may be permitted on nonconforming structures in accordance with standards established in the Pennsylvania Wireless Broadband Collocation Act.
Q. 
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(1) 
All unused or abandoned tower-based WCF and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(2) 
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the WCF and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF. The Township reserves the right to pursue any and all available remedies under law or equity to ensure removal of the WCF and restoration of the site at the expense of the owner. Any delay in the Township in taking action shall not invalidate the Township's right to take such action.
(3) 
Any unused portions of tower-based WCF, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.
R. 
Application Fees. The Township may assess appropriate and reasonable application fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
3. 
Tower-Based Wireless Communications Facilities Outside the Rights-of-Way. The following regulations shall apply to tower-based wireless communications facilities located outside the right-of-way (ROW):
A. 
Tower Setbacks and Location. A tower-based WCF located outside of the ROW shall comply with the following:
(1) 
The tower shall be located at least half the height of the tower from all adjoining property lines.
(2) 
Towers shall not be closer than 300 feet to any residential building.
(3) 
Towers shall not be closer than 3,000 feet to any other existing tower-based WCF located outside of the ROW.
(4) 
Tower-based WCF shall only be permitted in zoning districts as identified within this chapter.
B. 
Sole Use on a Lot. A tower-based WCF is permitted as the sole use on a lot subject to the minimum lot size complying with the requirements of this chapter.
C. 
Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another agricultural, industrial, commercial, or municipal use, subject to the following conditions:
(1) 
The existing use on the property shall be a permitted use in the applicable zoning district and need not be affiliated with the communications facility.
(2) 
Minimum Lot Area. The lot area shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF, the communications facility building, security fence, and buffer planting.
(3) 
Minimum Setbacks. The accompanying communications facility building and equipment shall comply with the setbacks identified in § 27-710, Subsection 3A.
D. 
Notice. Upon receipt of a letter of a complete application by the Township for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 radial feet of the parcel or property of the proposed facility. The applicant shall provide the Township with evidence that the notice was mailed out to applicable property owners.
E. 
Design and Construction.
(1) 
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(2) 
To the extent permissible under applicable law, any height extensions to an existing tower-based WCF shall require prior approval of the Township. The Township reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(3) 
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Tower-based WCF must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at various heights.
(4) 
Guy wires are not permitted. The monopole must be self-supporting.
F. 
Surrounding Environs. A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222-G Manual, as amended, shall be submitted to the Township to document and verify design specifications of the foundation for the tower-based WCF.
G. 
Fence/Screen.
(1) 
A security fence of approved design, of not less than eight feet in height and no greater than 10 feet in height, shall completely enclose the tower-based WCF. The fencing required must also have a one-foot barbed arm slanted at a 45° angle facing outwards which runs along the entire top of the fence unless the Board of Supervisors waives such requirement.
(2) 
Sites in which communications towers are located shall be required to comply with the following landscape requirements:
(a) 
The applicant shall submit a landscaping plan.
(b) 
Landscaping, consisting of evergreen plantings which shall reach a height of at least eight feet within five years of planting shall be required at the perimeter of the security fences and WCF. Existing wooded areas, tree lines and hedgerows adjacent to the facility shall be preserved and used to substitute or meet a portion of the buffer yard requirements. When the WCF is located in a developed area, the Board of Supervisors may waive the buffer yard regulations in exchange for another type of screening which is compatible with the surrounding land use.
(3) 
Where feasible/appropriate, the tower or antenna shall be constructed to blend in with the surrounding area.
(4) 
No signs or any form of advertising of any kind shall be permitted on the WCF or antennas. However, one sign, not to exceed two square feet in gross surface area, which identifies the phone number and contact in the event of an emergency is required. In addition, "No Trespassing" signs may be placed on the security fencing in accordance with the Township's Sign Ordinance (Chapter 19).
H. 
Accessory Equipment.
(1) 
Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground, if possible. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
(2) 
All buildings and structures associated with a tower-based WCF shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
I. 
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The vehicular access to the tower-based WCF and communications facility building shall meet the applicable municipal street standards for private streets and/or driveway standards. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
J. 
Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code of Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
4. 
General Requirements for All Non-Tower-Based Wireless Communications Facilities or Small Wireless Communications Facilities Located Outside the Right-of-Way.
A. 
For the purposes of this section, the regulations shall only apply to non-tower-based wireless communications facilities that are not regulated by the Pennsylvania Wireless Broadband Collocation Act or the Small Wireless Facilities Deployment Act (Act 50), except where noted or where otherwise permitted by law.
B. 
The following regulations shall apply to all non-tower-based wireless communications facilities located outside the right-of-way, that do not substantially change the physical dimensions of the wireless support structure to which they are attached, as defined above:
(1) 
Permitted in All Zones Subject to Regulations. Non-tower-based WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(2) 
Standard of Care. Any non-tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower-based WCF shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(3) 
Wind. Any non-tower-based WCF structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-G, as amended).
(4) 
Public Safety Communications. No non-tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(5) 
Aviation Safety. Non-tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(6) 
Radio Frequency Emissions. No non-tower-based WCF shall, by itself or in conjunction with other WCF, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(7) 
Removal. In the event that the use of a non-tower-based WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a) 
All abandoned or unused WCF and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF and/or accessory facilities are not removed within three months of the cessation of operations, or within any longer period of time approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(8) 
Timing of Approval. Within 30 calendar days of the date that an application for a non-tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period. This standard shall only apply to facilities that are regulated by the Pennsylvania Wireless Broadband Collocation Act.
(9) 
Application Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower-based WCF, as well as related inspection, monitoring and related costs. Such fees may be assessed by applicable federal or state statute for relevant co-located facilities and other non-tower-based WCF.
C. 
The following regulations shall apply to all non-tower-based wireless communications facilities located outside the right-of-way that substantially change the wireless support structure to which they are attached:
(1) 
Permitted in All Zones Subject to Regulations. Non-tower-based WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.
(2) 
Standard of Care. Any non-tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower-based WCF shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(3) 
Wind. Any non-tower-based WCF structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-G, as amended).
(4) 
Public Safety Communications. No non-tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio, or other communication services enjoyed by occupants of nearby properties.
(5) 
Historic Buildings. Non-tower WCF may not be located on a building or structure that is on an historic register or a building or structure listed for inclusion on a historic register.
(6) 
Aviation Safety. Non-tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.
(7) 
Maintenance. The following maintenance requirements shall apply:
(a) 
The non-tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technologies for preventing failures and accidents.
(8) 
Radio Frequency Emissions. No non-tower-based WCF shall, by itself or in conjunction with other WCF, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled, "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(9) 
Removal. In the event that the use of a non-tower-based WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
(a) 
All abandoned or unused WCF and necessary facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the WCF or accessory facility is not removed within three months of the cessation of operations, or within any longer period of time approved by the Township, the WCF and/or associated facilities and equipment may be removed by the Township and the cost of removal assessed against the owner of the WCF.
(c) 
Timing of Approval. Within 30 calendar days of the date that an application for a non-tower-based WCF is filed with the Township, the Township shall notify the applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's sixty-day review period. This standard shall only apply to facilities that are regulated by the Pennsylvania Wireless Broadband Collocation Act.
(d) 
Retention of Experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the non-tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(e) 
Permit Fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower-based WCF, as well as related inspection, monitoring and related costs.
5. 
Non-Tower-Based Wireless Communications Facilities Outside the Right-of-Way. The following additional regulations shall apply to non-tower-based wireless communications facilities located outside the right-of-way that substantially change the wireless support structure to which they are attached:
A. 
Development Regulations. Non-tower-based WCF shall be co-located on existing structures, such as existing building or tower-based WCF, subject to the following conditions:
(1) 
Such WCF does not exceed a maximum height of 10 feet above the permitted height of any structure in the applicable zoning district.
(2) 
If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
(3) 
A six-foot-high security fence with evergreen screening shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
B. 
Design Regulations.
(1) 
Non-tower-based WCF shall employ stealth technology and be treated to match the supporting structure in order to minimize the aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Township.
(2) 
Non-tower-based WCF that are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use approval.
(3) 
All non-tower-based WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in context of such justification on an individual basis.
(4) 
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.
(5) 
Noncommercial Usage Exemption. The design regulations enumerated in § 27-710, Subsection 5A(2), shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.
C. 
Removal, Replacement, and Modification.
(1) 
The removal and replacement of non-tower-based WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.
(2) 
Any material modification to a WCF shall require prior amendment to the original permit or authorization.
D. 
Inspection. The Township reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code of Ordinances or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
6. 
Non-tower-based or small wireless communications facilities as defined by the Small Wireless Facilities Deployment Act, Act 50 of 2021 (Act 50), shall be permitted by right in all zoning districts subject to the application requirements and design standards of Chapter 21, Part 6, and the standards, rights, and obligations set forth in Act 50.
7. 
Violations Applicable to All Wireless Communications Facilities.
A. 
Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a federal district court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
B. 
Determination of Violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Township may, in its reasonable judgment, extend the time period to cure, provided that person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Township may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
8. 
Miscellaneous.
A. 
Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.
B. 
Severability. If any section, subsection, sentence, clause, phrase, or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding shall not render the remainder of this section invalid.
[Ord. No. 1049, 11/18/2019]
1. 
Intent. The intent of these regulations is to promote the safe, effective and efficient use of small wind energy systems to reduce the on-site consumption of utility-supplied electricity.
2. 
Review and Permitting.
A. 
A small wind energy system shall be permitted as an accessory use on any lot of at least one acre in size located in the RA or RR Zoning Districts, subject to compliance with the following provisions:
(1) 
A zoning permit shall be required for the installation of a small wind energy system. No more than one small wind energy system may be placed on any lot.
(2) 
In addition to any other requirements or application procedures, the zoning permit application shall be accompanied by a plot plan that includes the following:
(a) 
Property lines and physical dimensions of the property.
(b) 
Location, dimensions, and types of existing principal and accessory structures on the property.
(c) 
Location of the small wind energy system tower.
(d) 
The right-of-way delineation of any public road that is contiguous with the property.
(e) 
Any overhead utility lines.
(f) 
Any easements.
(g) 
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(h) 
Detailed tower and tower foundation drawings, stamped and sealed by a Pennsylvania-licensed professional engineer.
(i) 
A map of the 200-foot area surrounding the subject property showing all affected lands and structures at a legible scale.
3. 
Tower Height.
A. 
Tower heights of not more than 80 feet shall be allowed on parcels between one and two acres. Properties over two and up to five acres may have tower heights up to and including 140 feet. For property sizes of five acres or more, there is no limitation on tower height except as imposed by FAA regulations, provided that evidence is provided that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
4. 
Setbacks.
A. 
Setbacks for the system tower shall be no closer to the property line than the height of the system and, no part of the system, including guy wires anchors, may extend closer than 10 feet to the property boundary. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
5. 
Compliance.
A. 
Permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for determination that the manner of installation conforms to the National Electrical Code. This information may be supplied by the manufacturer.
B. 
Permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis may be supplied by the manufacturer.
C. 
Small wind energy systems shall comply with all applicable FAA regulations, including any necessary approvals for installations close to airports.
D. 
Small wind energy systems shall comply with all applicable state construction and electrical codes. The owner/operator of the small wind energy system must also obtain any permits required by other federal, state and local agencies/departments prior to erecting the system.
6. 
Noise and Interference.
A. 
Decibel levels for the system shall not exceed 60 decibels (dBA) measured at the property line, except during short-term events such as utility outages and severe wind storms.
B. 
The small wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem.
C. 
The system owner/operator shall make all reasonable efforts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and describe proposed mitigation measures including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
7. 
Appearance and Lighting.
A. 
The small wind energy system shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, or other decorative items that extend from any part of the system, placed on it at any time.
B. 
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
8. 
Safety Features.
A. 
The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
B. 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.
C. 
All electrical wires associated with a small wind energy system shall be located underground when practicable. All wires not located underground including, but not limited to, wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.
D. 
No portion of the small wind energy system blade shall extend within 20 feet of the ground.
9. 
Notification.
A. 
No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an inter connected customer-owned generator. Off-grid systems shall be exempt from this requirement.
B. 
When application is made for approval of a small wind energy system, notified in written form to the owners of all properties adjacent and within 200 feet of the lot on which the system is to be constructed.
10. 
Meteorological Towers.
A. 
A meteorological tower shall be permitted under the same standards, permit requirements, and procedures as a small wind energy system.
11. 
Removal.
A. 
A small wind energy system that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned. Nonfunction or lack of operation may be proven by reports from the interconnected utility. The owner/operator shall make available to the Zoning Administrator all reports to and from the purchaser of energy from the small wind energy system if requested.
B. 
If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of notice of abandonment. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
12. 
Violations.
A. 
It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section or any condition contained in a building permit issued pursuant to this section. Small wind energy systems installed prior to adoption of this section are exempt.
[Ord. No. 1049, 11/18/2019]
1. 
Persons with a claim for reasonable accommodation under the Fair Housing Amendments Act[1] or the Americans with Disabilities Act[2] shall submit an application for a special exception to the Zoning Hearing Board.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
2. 
The Zoning Hearing Board may hold any meeting(s) and/or hearing(s) necessary in its discretion to elicit information or argument pertinent to the request for accommodation.
3. 
The Zoning Hearing Board's decision shall be in writing.
4. 
The Zoning Hearing Board shall issue its written decision to the applicant and the Board of Supervisors within 30 days of filing of the request for accommodation or at the next regularly scheduled Zoning Hearing Board meeting, whichever is the later of the two.
5. 
A request for reasonable accommodation should be directed to the Zoning Hearing Board. In considering a request for reasonable accommodation, the Zoning Hearing Board shall, with the advice of the appointed legal counsel, apply the following criteria:
A. 
Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act.
B. 
The degree to which the accommodation sought is related to the handicap or disability of the applicant.
C. 
A description of hardship, if any, that the applicant will incur absent provisions of the reasonable accommodation requested.
D. 
The extent to which the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the dwelling in question.
E. 
The extent to which the proposed accommodation may impact other landowners in the immediate vicinity.
F. 
The extent to which the requested accommodation would impose financial and administrative burdens upon Ferguson Township.
G. 
The extent to which the requested accommodation would impose an undue hardship upon Ferguson Township.
H. 
The extent to which the accommodation would require a fundamental alteration in the nature of Ferguson Township's regulatory policies, objectives and regulations.
I. 
The extent to which the requested accommodation would result in a subsidy, privilege, or benefit not available to nonhandicapped or nondisabled persons.
J. 
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when they are no longer needed to provide handicapped or disabled persons equal opportunity to use and enjoy the dwelling in question.
K. 
The extent to which the requested accommodation will increase the value of the lot during and after its occupancy by applicant.
[Ord. No. 1049, 11/18/2019]
1. 
Intent. It is the intent of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots. This section seeks to:
A. 
Provide lot owners and business owners/operators with flexibility in satisfying their on-site energy needs.
B. 
Reduce overall energy demands within the community and to promote energy efficiency.
C. 
Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
2. 
Applicability.
A. 
This section applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the section.
B. 
Solar PV systems constructed prior to the effective date of this section are not required to meet the requirements of this section.
C. 
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.
3. 
Permitted Zoning Districts.
A. 
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to this section and upon compliance with all requirements of this section and as elsewhere specified in this section.
B. 
Building-integrated systems, as defined by this section, are not considered an accessory use and are not subject to the requirements of this section.
4. 
Location Within a Lot.
A. 
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this section. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
B. 
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
5. 
Design and Installation Standards.
A. 
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
B. 
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.
C. 
The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
6. 
Setback Requirements.
A. 
Ground-Mounted Systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.
7. 
Height Restrictions.
A. 
Notwithstanding the height limitations of the zoning district:
(1) 
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
(2) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
B. 
Notwithstanding the height limitations of the zoning district:
(1) 
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
(2) 
Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
8. 
Screening and Visibility.
A. 
Building-mounted systems on a sloped roof shall not be required to be screened.
B. 
Building-mounted systems mounted on a flat roof shall not be raised to a height greater than three feet from the roof surface.
[Amended by Ord. No. 1076, 3/15/2022]
9. 
Impervious Lot Coverage Restrictions.
A. 
The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
10. 
Nonconformance.
A. 
Building-Mounted Systems.
(1) 
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.
(2) 
If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.
B. 
Ground-Mounted Systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.
11. 
Signage and/or Graphic Content.
A. 
No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
12. 
Performance Requirements.
A. 
All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.
13. 
Inspection, Safety and Removal.
A. 
The Centre Region Code Administration reserves the right to inspect a solar PV system for building or fire code compliance and safety.
B. 
If, upon inspection, the Centre Region Code Administration determines that a fire code or building code violation exists, or that the system poses a safety hazard to persons or property, the Township may order the lot owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the lot owner of his or her right to appeal such determination.
C. 
If a lot owner fails to repair or remove a solar PV system as ordered and any appeal rights have been exhausted, the Township may enter the lot, remove the system and charge the lot owner and or facility owner and operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the lot owner's expense.
D. 
In addition to any other available remedies, any unpaid costs resulting from the Township's removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Township shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Township in connection with the removal work and the filing of the municipal claim.
14. 
Permit Requirements.
A. 
Before any construction or installation on any solar PV system shall commence, a permit issued by the Township shall be obtained to document compliance with this section.
15. 
Solar Energy Projects.
A. 
When the land involved lies wholly or partly within a zoning district qualifies as a solar energy project, the buffering and screening shall be clearly marked on the site plan and shall include a detailed list of the materials to be used, plant species, height or size at the time of planting, and mature height or size.
B. 
When the land involved qualifies as a solar energy project, traffic impact on any road upon which the solar energy project will front shall be included with the plan for the period of construction and post construction. The applicant shall state the actions they intend to take to mitigate the impact of increased traffic to the site.
C. 
When the land involved qualifies as a solar energy project, a decommissioning plan, which may include the anticipated life of the project, the estimated cost of decommissioning, how such an estimate was determined, and the manner in which the project will be decommissioned. The applicant shall provide a performance bond or other agreed-upon secured funding sources payable to the Board of Supervisors in a form approved by the Township Solicitor to ensure that performance obligations are satisfied, up to and including the costs for decommissioning, unless the Board of Supervisors specifically waives the requirement in an approval of the special use permit. When a solar energy project is scheduled to be abandoned, the facility owner or operator shall notify the Township, in writing, prior to ceasing operations and shall provide a schedule for implementation of the decommissioning plan. If any solar energy project is not operated for a continuous period of one year, or if the work called for in the decommissioning plan fails to progress in a timely manner, the Board of Supervisors may take any necessary action to compel the physical removal of the solar energy project in compliance with the decommissioning plan after written notice is provided to the project owner by certified mail. The project owner shall have 30 days from the date of the letter to provide a written explanation of the inactivity and to request a delay in action by the Board of Supervisors.
[Ord. No. 1049, 11/18/2019]
See Chapter 22, Subdivision and Land Development, Part 5C, Off-Street Parking and Loading.
[Ord. No. 1049, 11/18/2019; Ord. No. 1101, 8/20/2024]
1. 
The purpose of these regulations is to provide a definition of livestock; to set forth reasonable standards for the keeping and care of noncommercial livestock as an accessory use in residential areas; to give appropriate consideration to the property rights of citizens of Ferguson Township with noncommercial livestock; to help maintain neighborhood compatibility; and to protect the health, safety, and welfare of the general public. It is not the intent of this chapter to regulate domestic animals (pets) which are typically kept inside the household. For parcels 50 acres of larger, these regulations do not apply. The following regulations do not apply to agriculture as a principal.
A. 
Accessory Keeping of Livestock, Noncommercial. Accessory keeping of livestock as an accessory use, subject to the following regulations:
(1) 
Lot Size and Density Restrictions.
(a) 
Unless otherwise regulated by the Township of Ferguson, in the RR District, the following equations for the accessory keeping of livestock, noncommercial, shall apply to determine the maximum number of animals permissible on the lot: on a lot greater than or equal to three acres, any animal equivalency unit ratio as found in Appendix N[1] shall apply in their entirety; on a lot less than three acres, any animal equivalency unit ratio as found in Appendix N shall be multiplied by 0.33 and rounded to the nearest whole number.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b) 
In the event any livestock, excluding chickens and fowl, gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection, the owner of said livestock and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within one year of the birth of the animal. Chickens and fowl shall conform to the number for the dimensional requirements within six months of the birth of the animal.
(c) 
Up to one animal equivalent unit for each acre or a portion thereof dedicated to the use shall be calculated using standard weight (pounds). Round up to the nearest whole animal. See Part 11, Definitions, animal equivalent unit.
(d) 
Changes in animal types must still adhere to animal unit densities.
(2) 
Manure Management.
(a) 
Accessory keeping of livestock must comply with the Pennsylvania Nutrient Management Regulations, 25 Pa. Code Chapter 83, as required by the Department of Environmental Protection.
(3) 
Animal Care.
(a) 
All accessory keeping of livestock must comply with minimum standards of animal care as required by Pennsylvania law, 18 Pa. Code, regarding animal cruelty provisions.
(b) 
An animal housing facility shall be provided as a shelter for the animal(s). The structure shall incorporate no less than three walls and a sufficient roof area to provide a weatherproof shelter.
(c) 
Animal housing facilities shall be of sufficient size to enable the animal to comfortably stand, turn around and lay down.
(d) 
Animal housing facilities shall be ventilated to avoid respiratory disease and infections, control ambient temperature, and prevent accumulation of toxic gases.
(4) 
General Requirements.
(a) 
The disposal of dead animals shall be in accordance with the Domestic Animal Law, 3 Pa. Code Chapter 23, § 2352. Dead animals shall be disposed of within 48 hours after death.
B. 
Beekeeping.
(1) 
Beekeeping is permitted by right as an accessory use in Rural Agriculture (RA), Rural Residential (RR), Agricultural Research (AR), Single-Family Residential (R1), Suburban Single-Family Residential (R1B), Two-Family Residential (R2) and any lot occupied by a single-family principal use in the Traditional Town District (TTD), West College Neighborhood (WCN), Village (V) and Planned Residential Development (PRD) Districts when in compliance with the Pennsylvania Bee Law (3 Pa.C.S.A. § 2101 et seq., as amended) and subject to the following regulations.
(2) 
Purpose and Applicability.
(a) 
The purpose of this subsection is to establish certain regulations for beekeeping and promote responsible beekeeping practices within Ferguson Township.
(b) 
Compliance with this subsection shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper's efforts to abate any proven nuisance.
(c) 
For parcels 50 acres or larger, the following regulations do not apply.
(d) 
Only European honeybee apiaries are permitted.
(3) 
Definitions.
APIARY
A location where beehives are kept and managed.
BEEHIVE
A man-made structure used for the housing of a colony of honeybees.
BEEKEEPER
A person who owns or has charge of one or more colonies of honeybees.
BEEKEEPING
The practice of maintaining colonies of honeybees in urban or suburban areas for the purpose of harvesting honey, beeswax, pollen, and other bee products, as well as promoting the pollination of plants in the vicinity.
COLONY
A group of honeybees living together, including worker bees, drones, and a queen.
FLYWAY BARRIER
A solid wall, fence, hedge, dense vegetation or combination thereof that forces bees to fly at a higher elevation above ground level over the property lines in the vicinity of the apiary.
HONEY SUPER
The part of a beehive, a box, that is used to collect honey. A beehive can have multiple honey supers in one hive.
HONEYBEE
Any life stages of the common domestic honeybee, Apis mellifera species.
NUISANCE
The unreasonable, unwarrantable, unsightly, or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance, or discomfort to any person or resident in the legitimate enjoyment of their reasonable rights of person or property.
SITE PLAN
A detailed drawing or diagram that illustrates the proposed layout and design of land or property.
(4) 
Registration and Permits.
(a) 
All beekeepers must register and maintain a current permit for all apiaries with the Pennsylvania Department of Agriculture as required by the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.
(b) 
A zoning permit from Ferguson Township is required for beekeeping. An application for a one-time zoning permit shall be made in writing as established by the Township.
1) 
Application shall be accompanied by a site plan that includes the size of lot, location and number of hives, location of the water source, the distance of hives from property lines, buildings and, if necessary, any flyway barriers.
2) 
The issuance of a zoning permit shall not obviate the necessity for compliance with all other Township ordinances.
3) 
The beekeeping zoning permit shall not be transferable to a new owner, tenant or renter.
4) 
The selling of products on-site requires a home occupation permit.
(5) 
Location and Density.
(a) 
Location. Location of hives must comply with the following criteria:
1) 
Hives shall not be located within 10 feet of any side or rear property line.
2) 
Hives shall not be located within a front yard.
3) 
Hives shall not be located within 50 feet of a pre-existing swimming pool.
(b) 
Density. The number of hives permitted must comply with the following criteria:
1) 
No beekeeping is permitted on lots smaller than 5,000 square feet.
2) 
For properties with a minimum of 5,000 square feet of area and up to a maximum of 20,000 square feet of area, a beekeeper is permitted to keep two hives.
3) 
For each additional 10,000 square feet of lot area, the beekeeper is permitted two additional hives.
4) 
Each hive shall be limited to six honey supers within the regional growth boundary and on any lots less than two acres outside of the regional growth boundary.
5) 
A maximum of six hives shall be permitted on lots within the regional growth boundary and on any lot less than two acres outside of the regional growth boundary.
6) 
Properties greater than two acres, but less than 50 acres, outside the regional growth boundary have no limitations on the number of hives and honey supers.
7) 
Properties greater than 50 acres and outside of the regional growth boundary are exempt from regulations set forth in this subsection.
(c) 
Flyway Barrier.
1) 
Flyway barrier shall be required to direct the bee's flight pathway above six feet except in the conditions outlined in Subsection 1B(5)(c)1)b).
a) 
A flyway barrier shall consist of a wall, fence, vegetation, hedge or combination thereof, such that bees will fly over rather than through the material to reach the colony.
b) 
When a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation normally reaches six feet in height or higher.
2) 
No flyway barrier is required for hives when:
a) 
Located more than 20 feet from property lines.
b) 
Adjoining property is undeveloped, zoned agricultural, zoned forest/gamelands, conservation area, or open space.
(6) 
Removal of Vacant Hives.
(a) 
Removal of any vacant bee hives shall be conducted in a manner that ensures no remaining bees or honeycomb are left behind, and that any residual materials are disposed of properly to prevent attraction of new colonies or pests.
C. 
Permitting Process for Accessory Livestock. Applicants proposing the noncommercial keeping of livestock and/or beekeeping must submit a zoning permit application identifying the following:
(1) 
An application fee payable to the Township in the amount of up to $25. This amount may be amended by resolution adopted by a majority of the Township Board of Supervisors.
(2) 
Property address, name and contact information of applicant.
(3) 
Description of the proposed animals and activities on the property.
(4) 
Location and area of proposed livestock enclosures.
(5) 
Location and height of proposed livestock structures including sheds, containers, animal housing, coops, hives, apiaries, flyway barriers, manure storage facilities, landscaping and fencing.
(6) 
Distance between structures/activities and neighboring properties.
D. 
Verification that the applicant is familiar with the requirements set forth in this chapter.
2. 
Appendix M, Pennsylvania Act 38/Nutrient Management Program/Technical Manual, Supplement 5 Standard Animal Weights, Agronomy Facts 54 — Table 1, January 2013. Please note this is included for reference as the latest version at time of ordinance preparation. The latest version shall apply.
[Ord. No. 1049, 11/18/2019; as amended by Ord. No. 1065, 1/4/2021]
1. 
Purpose. The purpose of this section is:
A. 
Provide a wide range of quality, workforce housing for households with an income of 80% to 120% of area median income (AMI) in high opportunity neighborhoods, those with superior access to quality schools, services, amenities and transportation;
B. 
To support the Centre Region Comprehensive Plan's goal of providing a wide range of sound, affordable and accessible housing consistent with the fair share needs of each municipality in the Centre Region;
C. 
Provide criteria for workforce housing including, but not limited to, design, construction, phasing, and location within a development;
D. 
To facilitate and encourage development and redevelopment that includes a range of housing opportunities through a variety of residential types, forms of ownership, home sale prices and rental rates;
E. 
To work in partnership and support local, state, and federal programs to create additional housing opportunities;
F. 
Responsibly allocate resources to increase housing opportunities for families and individuals facing the greatest disparities;
G. 
Ensure the opportunity of workforce housing for employees of businesses that are located in or will be located in the Township;
H. 
To ensure affordable homeownership, is defined as a mortgage payment and housing expenses (principal, interest, taxes, insurance, and condominium or association fees, if any) costing no more than 30% of a family's gross month income, per the Department of Housing and Urban Development (HUD) definition; and
I. 
Effectively enforce and administer the provisions of the Workforce Housing Program.
2. 
Authority. Provisions for the workforce housing section are intended to comply with the following articles of the Pennsylvania Municipal Planning Code.
A. 
Article VI, Zoning.
(1) 
Section 603, Ordinance Provisions, where:
(a) 
Zoning ordinances should reflect the policy goals of the statement of the community development objectives and give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.
(b) 
Zoning ordinances may contain:
1) 
Provisions to encourage innovations and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act;
2) 
Provisions authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance.
(c) 
Zoning ordinances adopted by municipalities shall be generally consistent with the municipal or multimunicipal comprehensive plan or, where none exists, with the municipal statement of community development objectives and the county comprehensive plan.
(2) 
Section 604, Zoning Purposes. The provisions of zoning ordinances shall be designed:
(a) 
To promote coordinated and practical community development and proper density of population.
(3) 
Section 605, Classifications.
(a) 
For the purpose of encouraging innovation and the promotion of flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act, and for the purpose of authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance.
B. 
These regulations are enacted under the authority of the Pennsylvania Human Relations Act (Act of October 27, 1995, P.L. 744, as amended),[1] which guarantees fair housing.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
C. 
Posting of the fair housing practices notice is required pursuant to the Pennsylvania Human Relations Act.
3. 
Definitions. As used in this section, the following words and terms shall have the meanings specified herein:
AREA MEDIAN INCOME
The midpoint of combined salaries, wages, or other sources of income based upon household size in the State College Metropolitan Statistical Area.
CONVERSION
A change in a residential rental development or a mixed-use development that includes rental dwelling units to a development that contains only owner-occupied individual dwelling units or a change in a development that contains owner-occupied individual units to a residential rental development or mixed-use development.
DENSITY BONUS
An increase in the number of market-rate units on the site in order to provide an incentive for the construction of affordable housing pursuant to this chapter, also known as a bonus unit.
DEVELOPMENT
The entire proposal to construct or place one or more dwelling units on a particular lot or contiguous lots, including, without limitation, a traditional town development (TTD) master plan, a planned residential development (PRD), land development or subdivision.
FEE-IN-LIEU
A payment of money to Ferguson Township's Affordable Housing Fund in-lieu of providing workforce housing units. This fee is updated annually within the Ferguson Township Schedule of Fees.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MEDIAN GROSS HOUSEHOLD INCOME
The median income level for the State College, PA Metropolitan Statistical Area (MSA), as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, adjusted for household size.
MULTIFAMILY DWELLING
Three or more dwelling units, with the units stacked one above the other.
PHASE
The portions of an approved development, or, in the case of a master plan approval, a specific implementation plan, which are set out for development according to a Township-approved schedule.
RECEIVING DEVELOPMENT
A new development with transferred workforce housing obligations from a sending site.
RENOVATION
The physical improvement that adds to the value of real property, but that excludes painting, ordinary repairs, and normal maintenance.
SENDING DEVELOPMENT
A development which utilizes the off-site option to send its own workforce housing unit obligations to another development on a different site.
WORKFORCE HOUSING
Housing with a sales price or rental amount within the means of a household that may occupy moderate income housing. In the case of dwelling units for sale, affordable means housing in which mortgage, amortization, taxes insurance, and condominium or association fees, if any, constitute no more than 30% of such gross annual household income for a household of the size that may occupy the unit in question. In the case of dwelling units for rent, affordable means housing for which the rent and basic utilities constitutes no more than 30% of such gross annual household income for a household of the size that may occupy the unit in question. Utilities for rental units include: electric/gas, trash, water and condominium or association fees.
WORKFORCE HOUSING DEVELOPMENT AGREEMENT
A written agreement duly executed between the applicant for a development, the Township, and, if applicable, the designated third-party administrator of the Workforce Housing Program. Said agreement shall include, at minimum, all of the provisions established in § 27-716, Subsection 7.
WORKFORCE HOUSING DWELLING UNIT
A housing unit documented in an applicant's workforce housing development agreement as required in order to comply with the Workforce Housing Program requirements, subsidized by the federal or state government or subject to covenants and deed restrictions that ensure its continued affordability. When calculating the required percentage of workforce units in a development, any fractional result between 0.01 and 0.49 will be rounded down to the number immediately preceding it numerically, and any fractional result between 0.50 and 0.99 will be rounded up to the next consecutive whole number. However, the total workforce unit percentage shall not exceed 10% of the required total workforce housing units in the development.
WORKFORCE HOUSING FUND
The fund created by Ferguson Township to receive funds generated from the administration of fee-in-lieu payments to support workforce housing within Ferguson Township.
4. 
Applicability. Workforce Housing must be provided in the following Developments and minor alterations within the Terraced Streetscape (TS) Zoning District and the Traditional Town Development (TTD) Zoning District that results in:
A. 
Ten or more residential dwelling units;
B. 
Renovation of a residential structure that results in 10 or more additional residential dwelling units within five years; and
C. 
Conversion of a nonresidential property to a residential property that results in 10 or more residential dwelling units within five years.
5. 
General Requirements for Workforce Units. For all applicable developments listed in § 27-716, Subsection 4, Applicability, within the Terraced Streetscape (TS) Zoning District and the Traditional Town Development (TTD) Zoning District, projects must comply with the following requirements.
A. 
The permit application must include a Workforce Housing Program option selection.
B. 
Calculation of Workforce Units. To calculate the minimum number of workforce units required in any land development listed in Subsection 4, Applicability, the total number of proposed units shall be multiplied by 10%.
(1) 
When calculating the required percentage of workforce units in a development, any fractional result between 0.01 and 0.49 will be rounded down to the number immediately preceding it numerically, and any fractional result between 0.50 and 0.99 will be rounded up to the next consecutive whole number. However, the total workforce unit percentage shall not be required to exceed 10% of the total units in the development.
6. 
Standards. Workforce housing must be provided, or a fee-in-lieu of providing workforce housing must be paid, according to the following standards:
A. 
Workforce units may be built on-site, paid fee-in-lieu, or built off-site.
(1) 
Diversity Standards as outlined in § 27-303, Subsection 3B(1) (related to TTD developments) may be modified to the extent needed to accommodate all required workforce units and allowable bonus units.
(2) 
In the case of workforce housing dwelling units provided as a single-family dwelling, duplex, multiplex or townhouse:
(a) 
The units shall not be segregated or clustered within a development.
(b) 
Except in the case of lots containing more than one unit, no more than two adjacent lots or units shall contain workforce housing dwelling units.
(3) 
Workforce housing dwelling units may be clustered within a multifamily dwelling (for sale or rent) and no more than 25% of the total units per floor can be designated as workforce units, excluding the top floor.
(4) 
Workforce housing dwelling units shall be like market rate units, exclusive of upgrades, with regard to number of bedrooms, amenities, and access to amenities, but may differ from market-rate units regarding interior amenities, provided that:
(a) 
These differences, excluding differences related to size differentials, are not apparent in the general exterior appearance of the market-rate units;
(b) 
These differences do not include insulation, windows, heating systems, and other improvements related to the energy efficiency and standard components of the unit;
(c) 
Amennities for workforce units are determined to be reasonably equivalent if the appliances have the same ENERGY STAR® rating as those in the market-rate units; and
(d) 
Workforce units may be up to 10% smaller than the market-rate units.
(5) 
In order to ensure an adequate distribution of workforce units by household size, the bedroom mix of workforce units in any project shall be in the same ratio as the bedroom mix of the market-rate units of the project.
(6) 
Workforce units required under this chapter shall be offered for sale or lease to a qualified household to be used for its own primary residence, except for units purchased by the Township or its designee;
(7) 
The sale or lease of workforce housing dwelling units shall be limited to qualified households earning between 80% and 120% area median income (AMI), adjusted for household size.
(8) 
If the development contains phases, workforce housing shall be provided in all residential phases, according to the options set forth in Subsection 8.
(9) 
Owners of workforce housing dwelling units are required to sign an agreement of deed restriction, suitable for recording, providing that such unit is subject to the terms and conditions of this section.
B. 
Accommodations.
(1) 
Developments that provide built workforce housing dwelling units, either built on-site or built off-site, will be entitled to the following:
(a) 
One additional equivalent unit (bonus unit) may be added to the development (sending development if built off-site) for each for-sale workforce housing unit provided;
(b) 
Multifamily dwellings may exceed the maximum height set forth in the underlying zoning district by one additional story to accommodate bonus units added to the development for building for-sale workforce dwelling units; and
(c) 
Off-street parking may be provided but is not required for any workforce unit built or designated within multifamily dwellings.
C. 
Ferguson Township's Option to Purchase.
(1) 
The following provisions apply to the initial offering of workforce units for sale by the developer:
(a) 
As a condition of land development approval, the applicant shall notify the Township or its designee of the prospective availability of any workforce units at the time the design and pricing are being established for such units.
(b) 
From the time of building permit issuance, the Township or its designee shall have an exclusive option for 60 days to enter into a purchase and sales agreement at the workforce unit pricing for each workforce unit offered for sale by the applicant. The Township may waive or assign this option.
(c) 
If the Township fails to exercise its option for the workforce units, or if the Township or its designee declares its intent not to exercise its option, the applicant shall offer the units for purchase to households per § 27-716, Subsection 6A(5). If requested, by the applicant, the Township or its designee shall execute documents that may be recorded with the Centre County Office of Recorder of Deeds to evidence said waiver of option.
(d) 
Closing on workforce units purchased by the Township or its designee occurs within 30 days after issuance of the certificate of occupancy. If the Township or its designee fails to close on these workforce units within such 30 days, the applicant shall offer the unit for purchase or rent to households per § 27-716, Subsection 6A(5).
(e) 
The Township may assign its options under this section, in which event it shall notify the applicant of the agency to which it has assigned the option, which agency shall work directly with the applicant, and shall have all of the authority of the Township as provided under this section.
(f) 
At any point after the initial option period, Subsection 6C(1)(b) above, the applicant may offer the workforce housing dwelling units to the Township or its designee for purchase at the workforce unit pricing. The Township or its designee then shall have 30 days to enter into a purchase and sales agreement and close within 30 days thereafter.
D. 
Limitations.
(1) 
To the extent permitted by federal law, priority will be given to residents of Centre County, or individuals employed by a business located in Centre County.
(2) 
The workforce housing dwelling units must be occupied by the income qualified individual and/or family and must be used as the principal place of residence;
E. 
Except for household income, asset limitations and the primary residency requirement as set forth herein, occupancy of any workforce unit shall not be limited by any conditions that are not otherwise applicable to all units within the covered project;
F. 
Execution of a workforce housing development agreement shall be a condition of approval of a land development plan, or general master plan.
7. 
Workforce Housing Development Agreement. For developments required to contain workforce housing, no land development plan, subdivision plan, or specific implementation plan for a phase within a development, shall be recorded without having first duly executed a workforce housing development agreement for such development or phase. Ferguson Township, Township designee, and the applicant for the development, shall each be parties to the workforce housing development agreement, which shall, as minimum, contain the following provisions:
A. 
Concurrence by the designated administrator of the Workforce Housing Program that the workforce housing is being provided within the development or phase;
B. 
The location(s), zoning designation(s) and ownership of the development or phase;
C. 
The number and type of workforce housing dwelling units that will be provided and the calculations used to determine the number of units provided;
D. 
If a fee-in-lieu is proposed for the development or phase, in whole or part, the fee-in-lieu calculation methodology that will be applied to workforce housing dwelling units, within the development or phase;
E. 
Any accommodations provided in § 27-716, Subsection 6B, that are being utilized for the project;
F. 
A description of the development or phase proposed, including the name of the development project and marketing name;
G. 
A graphical depiction of the location of workforce housing units within the development or phase, and if available, the lot numbers for the workforce housing dwelling units;
H. 
A schedule for the construction of the workforce housing dwelling units, consistent with that shown on the approved plans for the development or phase;
I. 
The proposed sale prices and affordability restrictions for each workforce housing dwelling unit and a copy of the applicable affordability deed restrictions and covenants;
J. 
The proposed marketing plan for the workforce housing;
K. 
Acknowledgement that § 27-716, Subsection 11, Continued Affordability, Compliance and Reporting Requirements will be followed;
L. 
Indication of which, if any, of the workforce housing dwelling units will be special needs housing for seniors, disabled, or other special needs populations and a description of the unique features or services for that population;
M. 
Indication as to whether the applicant or, for off-site construction, a third party will be constructing the workforce housing dwelling units. If a third party is to construct the workforce housing dwelling units, the third party shall join in and be bound by the terms and conditions of the workforce housing development agreement;
N. 
Within any given development or phase, certificate of occupancy permits for the last 10% of market-rate units that are offered for sale or rent within that development or phase shall be withheld by the Township until all of the workforce housing dwelling units within that development or phase have been issued certificates of occupancy or release by payment of a fee-in-lieu;
O. 
Acknowledgement that the designated workforce housing administrator of the Township's Workforce Housing Program shall have full authority to administer the provisions of the workforce housing development agreement;
P. 
The draft workforce housing development agreement shall be reviewed and approved by the Township Solicitor with approval as a condition of approval of the plans for the development or phase;
Q. 
The fully executed workforce housing development agreement shall be recorded concurrently with the plans for the development or phase.
8. 
Workforce Housing Options. Workforce housing may be provided within a development or phase using one or more of the following options selected by the applicant:
A. 
On-Site Construction.
(1) 
Accommodations that will be provided to the developer as set forth in § 27-716, Subsection 6B, for the project will be included in the land development plan and the workforce housing development agreement.
B. 
Fee-In-Lieu.
(1) 
A fee-in-lieu may be paid to the Workforce Housing Fund to offset the construction of one or more workforce housing dwelling units as follows:
(a) 
Up to 40% of the workforce housing dwelling units attributable to for-sale units within the development can be offset by a fee-in-lieu; and
(b) 
Up to 100% of the workforce housing dwelling units attributable to rental units within the development or phase can be offset by a fee-in-lieu.
(2) 
Board of Supervisors shall establish by resolution the amount of the workforce housing fee-in-lieu as part of the Township's Schedule of Fees.
(3) 
For single-phased development projects, the fee-in-lieu shall be paid prior to issuance of the zoning permit.
(4) 
For development projects with phases (specific implementation plans), the fee-in-lieu shall be paid on a phase by phase basis based upon the number of workforce housing units being released in that phase with payment made prior to the issuance of the zoning permit for each phase.
(a) 
The current fee-in-lieu amount in place at the time of submission will be applied to the workforce housing units being released in that phase.
(5) 
The Township shall create and administer a Workforce Housing Fund into which all fee-in-lieu payments shall be deposited. All funds received pursuant to this chapter shall be used to further the Township's mission to maintain and further workforce housing within Ferguson Township.
(6) 
Upon payment of the fee-in-lieu amount for one or more workforce housing dwelling units, the applicant has no additional workforce housing requirements relative to such units. Upon payment, the Township and applicant shall execute a recordable instrument indicating that the workforce housing requirements have been met for those units and that the units are no longer workforce housing dwelling units subject to the terms and conditions of this section.
C. 
Build Off-Site.
(1) 
Workforce housing dwelling units may be constructed off-site, in a development (the "receiving development") within Ferguson Township that is separate from the development or phase (the "sending development") that is required to provide workforce housing.
(2) 
The receiving development must be an approved development, and the applicant must obtain land development plan approval from the Township for the receiving development concurrently with the land development plan approval for the sending development.
(3) 
The workforce units built in the receiving development must be reasonably equivalent in size and bedroom count to the units in the sending development.
(4) 
The receiving development shall be an integrated development and not contain 100% workforce housing dwelling units.
(5) 
The owner of the sending development must provide the following information to Township Staff and/or designee at the time the land development plan for the sending development has been submitted:
(a) 
Location of the receiving development;
(b) 
Concurrence of the owner of the receiving development to construct the workforce housing dwelling units; and
(c) 
The number of units and workforce housing dwelling units proposed within the receiving development.
(6) 
The sending development will receive all bonus units and accommodations attributable to the workforce housing dwelling units.
(7) 
The receiving development must be located within the regional growth boundary (RGB) as illustrated in the Centre Region Comprehensive Plan.
(8) 
The owner or developer of the receiving development must enter into the sending development's workforce housing development agreement for the workforce housing dwelling units that are going to be provided on the receiving development.
(9) 
The receiving development is subject to the Workforce Housing Program requirements outlined in § 27-716.
(10) 
The receiving development must develop the workforce housing dwelling units according to the schedule set forth in the workforce housing development agreement.
(11) 
A violation to the sending development will be due to Ferguson Township if the workforce units in the receiving development are not made available as set forth in the workforce housing development agreement. Notice of violation procedures can be found in Chapter 27, Part 906, Violations and Penalties.
9. 
Policy and Procedures Manuals for Administration of Workforce Housing Dwelling Units for Sale and Rent. Ferguson Township Planning Department and/or designee shall provide an administrative manual to offer guidance to applicants regarding compliance with the terms and conditions of this section. Applicants are encouraged to follow the terms set forth therein.
A. 
Owners or their property managers are encouraged to use the same systems for attracting potential tenants for leasing up workforce housing dwelling units as are used for market rate units. Applicants and their agents are expected to work closely and in cooperation with Township Staff and/or designee to make the workforce marketing and sales process as efficient and equitable as possible.
B. 
The Workforce Housing Program has no rules or guidelines about the method owners, or their property managers, use to determine the order in which tenants are offered workforce housing dwelling units.
C. 
These documents will include clarifying information and procedures when requested by the Township. These procedures may be updated from time to time to increase the effectiveness of the Workforce Housing Program.
10. 
Inability to Rent or Sell Workforce Housing Units to Qualified Households.
A. 
By Developer. If the developer meets or exceeds the marketing guidelines set forth in its workforce housing development agreement for a period of one year from final certificates of occupancy issuance and is still unable to sell or rent such a unit to a qualified household, the developer shall notify the Township. The Township or its designee shall have 30 days from the date notice was given to enter into a contract to purchase the unit at its workforce marketed price, with closing to take place within 30 days thereafter. After which, the Township, or its designee shall market and sell the unit as a workforce housing dwelling unit. If the Township or its designee does not purchase the workforce dwelling unit, it shall be conclusively demonstrated that there is no market for such unit being a workforce dwelling unit.
(1) 
For-Sale Dwelling Units: The developer shall pay the Township 60% of the original per unit fee-in-lieu and may remove the unit as a workforce housing dwelling unit and the unit shall become a market-rate unit, no longer subject to the terms and conditions of this section.
(2) 
Rental Dwelling Units: The developer shall pay the Township 60% of the original per unit fee-in-lieu and may remove the unit as a workforce housing dwelling unit and the unit shall become a market-rate unit, no longer subject to the terms and conditions of this section.
B. 
By Unit Owner. The owner of a workforce housing dwelling unit may remove the unit by subsequent sale to a non-qualifying owner by paying a fee-in-lieu to the Workforce Housing Fund as follows: Unit owner shall pay the Township 60% of the current per unit fee-in-lieu and may remove the unit as a workforce housing dwelling unit and the unit shall become a market-rate unit, no longer subject to the terms and conditions of this section.
11. 
Continued Affordability, Compliance and Reporting Requirements.
A. 
For Sale Workforce Units.
(1) 
The continuity of a workforce housing dwelling unit that is sold shall be ensured for a period of 99 years commencing on the date the certificate of occupancy is issued for the unit. To provide for this, a restriction shall be place on the deed of the workforce housing dwelling unit, which shall read as follows: "This property is to remain affordable for a period of 99 years from its initial date of sale for persons earning between 80% and 120% of the area median income (AMI) for State College, PA Metropolitan Statistical Area (MSA) as established by the most recently published income guidelines defined in the annual schedule published by the Secretary of the United States Department of Housing and Urban Development."
(2) 
Prospective buyers shall enter into a legally binding agreement with the designated administrator of the Workforce Housing Program that will stipulate the process for certifying subsequent buyers of workforce housing dwelling units for the applicable ninety-nine-year period, and the amount of equity able to be recouped by the homeowner upon sale of the workforce housing dwelling unit. The designated administrator of the Workforce Housing Program shall have the authority to require additional stipulations in the agreement, including, but not limited to, the requirement of prospective buyers to participate in financial counseling in accordance with the procedures and requirements of the designated administrator.
(3) 
The Township shall require resale conditions in order to maintain the availability of workforce units in perpetuity be specified in the affordability instrument, including resale calculations.
(a) 
At the time of purchase, the owners of any workforce unit shall execute a resale restriction agreement and option to purchase provided by the Township, stating the restrictions imposed pursuant to this resale restrictions section, including but not limited to all applicable resale controls and occupancy restrictions. This resale restriction agreement and option to purchase shall be recorded in the Centre County Office of Recorder of Deeds and shall afford the Township or its assignee the right to enforce the declaration of restrictions.
(b) 
The Township or its designee shall be responsible for monitoring and facilitating the resale of workforce units.
(4) 
Provisions for continued affordability of workforce units shall provide that the Township have an exclusive option to purchase any workforce unit when it is offered for resale.
(a) 
The owner shall notify the Township or its designee of the prospective availability of any workforce unit for sale.
(b) 
Upon being notified by the owner of the workforce unit, the Township or its designee shall have an exclusive option for 30 days to enter into a purchase and sales agreement at the workforce unit pricing the unit being offered for sale by the owner. The Township may waive or assign this option.
(5) 
If the Township fails to exercise its option for the workforce unit, or if the Township or its designee declares its intent not to exercise its option, the owner shall notify the Director of Planning and Zoning by certified mail that the deed restriction will be removed from the property and consequently, the unit will be removed from the Workforce Housing Program. Upon notification, the owner may sell the workforce unit to a nonqualifying owner by paying a fee-in-lieu to the Workforce Housing Fund as outlined in § 27-716, Subsection 10B. If requested, by the owner, the Township or its designee shall execute documents that may be recorded with the Centre County Office of Recorder of Deeds to evidence said waiver of option.
(6) 
Closing on workforce units purchased by the Township or its designee occurs within 30 days of notifying the owner of the Township or its designee's intent to exercise its option. If the Township or its designee fails to close on this workforce unit within such 30 days, the owner shall notify the Director of Planning and Zoning by certified mail that the deed restriction will be removed from the property and consequently, the unit will be removed from the Workforce Housing Program. Upon notification, the owner may sell the workforce unit to a nonqualifying owner by paying a fee-in-lieu to the Workforce Housing Fund as outlined in § 27-716, Subsection 10B. If requested, by the owner, the Township or its designee shall execute documents that may be recorded with the Centre County Office of Recorder of Deeds to evidence said waiver of option.
B. 
Leasing/Rental Developments.
(1) 
Static Data, Unit Composition and Rent Schedule.
(a) 
This information is required both prior to lease up and annually that includes: total units, bedroom size, tenant incomes and rents, unit locations within the development, and square footage.
(2) 
Tenant Incomes and Rent Determination.
(a) 
Measurement of household income is determined using the Housing and Urban Development's (HUD) annually published area median income and rent chart based upon household size in the State College Metropolitan Statistical Area (MSA).
(3) 
Incomes Rising in Place.
(a) 
Households that have initially qualified for a workforce housing unit are permitted to remain in that unit and not be subject to market rate rents until their incomes reach or exceed the income limits contained in this chapter. After qualifying at lease-up, a tenant's income may increase above the affordability restrictions of a development and still have the unit fulfill the development's workforce housing requirements, based on the following schedule:
1) 
Tenants in units restricted at 80% of AMI levels, may have income increase up to 120% of AMI.
(b) 
The owner or property manager may revise the expiring leases with tenants who, upon recertification, no longer meet the income requirements. Tenants may continue living in a workforce housing dwelling unit at market rate rent. The market rate rent level must be comparable to reasonably equivalent units within the development, or a comparable development. Tenants must not be required to submit additional deposits or fees.
1) 
Un-Constructed Units. If units within the phase or development (for single phase developments) are not yet constructed, another unit must be designated from such un-constructed units in the phase or development as a workforce housing dwelling unit in order to maintain the affordability requirements as described in the vacancy section below.
2) 
Constructed Units. For developments that are completely constructed, another unit must be designated in the development as a workforce housing unit in order to maintain the affordability requirements as described in the vacancy section below.
(4) 
Vacancies.
(a) 
The following shall apply when, through the annual tenant income certification reporting cycle, a tenant's income is above what's allowable for the workforce housing dwelling unit:
1) 
Owner or their property manager will check the reported income against that allowed by the incomes rising in place policy.
2) 
When a tenant's income is at or below the incomes rising in place policy, there is no action required by the owner or their property manager. The owner or their property manager at their discretion may raise tenant rent up to the maximum allowed for the tenant's household according to the current Housing and Urban Development's (HUD) annually published AMI and rent chart based upon household size in the State College (MSA), taking into account any applicable laws, rules, or policies regarding rent increases.
3) 
In the case that a tenant no longer qualifies for a workforce housing unit, the owner or their property manager must give at least 240-day written notice to the tenant and Ferguson Township and/or designee prior to an increase in the unit's rent. This information must be included in the lease or lease addendum for each workforce housing unit and an executed copy provided to Ferguson Township and/or designee as the development is leased up and at unit takeover.
C. 
Annual Reporting and Review.
(1) 
Developments with rental units will be subject to Ferguson Township and/or designee annual reporting requirements as set forth in the workforce housing development agreement. Owners or their property managers on an annual basis will submit information on workforce housing dwelling units and the tenants living in such units.
(2) 
The Township and/or designee reserves the right to physically inspect developments containing workforce housing dwelling units at least once every three years. Inspections will also include an audit of workforce housing related files such as the tenant income compliance. Developments that are determined to be out of compliance may be inspected more frequently or until they are brought back into compliance.
12. 
Administration. The Ferguson Township Planning and Zoning Department and/or designee shall administer and monitor activity under this chapter and shall report periodically to the Board of Supervisors, setting forth its findings, conclusions and recommendations for changes that will render the program more effective.
13. 
Implementation. The Ferguson Township Planning and Zoning Department and/or designee may establish procedures, and prepare forms for the implementation, administration and compliance monitoring consistent with the provisions of this chapter.
14. 
Fees. Fees to administer the program such as a monitoring fee, refinance fee, or resale fee, may be established by resolution by the Board of Supervisors, following written recommendation by the Township Manager and adopted as part of the Township's schedule of fees.
[Ord. No. 1049, 11/18/2019]
1. 
A bed-and-breakfast which contains one to three rooms shall be permitted as an accessory use to an owner-occupied single-family dwelling unit as long as the following requirements are met. Rental or lease of the bed-and-breakfast property for events such as weddings, reunions, parties, business or social gatherings which host 10 or more nonovernight guests is specifically prohibited at these facilities.
A. 
Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.
[Amended by Ord. No. 1076, 3/15/2022]
B. 
The only meal to be provided to the guests may be breakfast, and it shall only be served to guests who are staying overnight at the bed-and-breakfast. No catered meals may be served. Catered meals are those which involve the service of food prepared off-site to nonovernight guests. This does not include takeout.
C. 
The bed-and-breakfast shall remain accessory to the primary residential use of the property and shall not exceed 25% of the gross floor area of the dwelling or 500 square feet, whichever is less. The calculation for determining the size of the bed-and-breakfast shall only include the gross floor area of bedrooms and baths which are dedicated solely to the bed-and-breakfast operation.
D. 
The bed-and-breakfast shall comply with all building and fire code regulations.
E. 
The bed-and-breakfast is permitted one sign in accordance with the Township sign regulations.
F. 
All sites with an on-site septic system must be inspected by the Township Sewage Enforcement Officer to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.[1] In addition, the SEO must approve the home occupation permit.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
G. 
A home occupation permit application (including a sketch plan and floor plan) shall be supplied to and approved by the Township Zoning Administrator.
2. 
A bed-and-breakfast which contains four to 10 rooms shall be permitted as an accessory use to an owner-occupied single-family dwelling unit in the RA, RR and V Districts as long as the following requirements are met:
A. 
Rental or lease of the bed-and-breakfast property for events such as weddings, reunions, parties, business or social gatherings which host 10 or more nonovernight guests is permitted subject to the specific criteria herein.
B. 
Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.
[Amended by Ord. No. 1076, 3/15/2022]
C. 
The lot and yard requirements shall be in accordance with the underlying zoning district.
D. 
The only meal to be provided to the guests may be breakfast, and it shall only be served to guests who are staying overnight at the bed-and-breakfast. Catered meals for 10 or more nonovernight guests are permitted only if the bed-and-breakfast has been approved for such events and meets the specific criteria herein.
E. 
The bed-and-breakfast shall remain accessory to the primary residential use of the property and the area of the guest rooms shall not exceed 50% of the gross floor area of the dwelling. The calculation for determining the size of the bed-and-breakfast shall only include the gross floor area of bedrooms and baths which are dedicated solely to the bed-and-breakfast operation.
F. 
All areas of the bed-and-breakfast facility shall comply with all building and fire code regulations.
G. 
The bed-and-breakfast shall be permitted one ground sign not to exceed 10 square feet per sign face or a total of 20 square feet gross sign area. The ground sign may not exceed five feet in height and shall serve only to identify rather than advertise the bed-and-breakfast.
H. 
All sites with an on-site septic system must be inspected by the Township Sewage Enforcement Officer to assure compliance with the Pennsylvania Sewage Facilities Act 537, as amended.[2] In addition, the SEO must approve the zoning permit. Systems must be adequately sized to accommodate the potential number and type of events which may be hosted for nonovernight guests as well as overnight guests.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
I. 
A zoning permit application (including a sketch plan and floor plan) shall be supplied to and approved by the Township Zoning Administrator. The application must clearly indicate whether approval is to include the ability to host events for 10 or more nonovernight guests at the facility. The application shall clearly identify the maximum number of nonovernight guests that will be accommodated on site at any one time.
[Ord. No. 1049, 11/18/2019]
1. 
Direct access to an arterial street shall be required.
2. 
Primary or accessory uses/structures that are not enclosed shall be limited to operating from dawn to dusk; exceptions may be made for organized activities that are held in outdoor areas with approved lighting.
3. 
Paving of drive-aisles.
[Amended by Ord. No. 1076, 3/15/2022]
[Ord. No. 1049, 11/18/2019]
1. 
The dwelling must be the permanent address of the owner or lessee and the owner or lessee must occupy the dwelling for at least six months of the calendar year and provide certification that the property is the principal place of residence by providing a driver's license, voter registration or other documentation to prove residency.
[Amended by Ord. No. 1076, 3/15/2022]
2. 
All activity at the short-term rental shall be subject to enforcement of the Township's noise-, nuisance- and property maintenance-related ordinances including but not limited to performance standards and property maintenance.
3. 
Any noise caused by the house guests that disturbs the neighboring dwellings shall not be permitted, and if the house guest(s) is convicted for any disturbance(s) of the peace, the house owner or lessee shall not be permitted to continue to offer short-term rentals.
4. 
Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.
[Amended by Ord. No. 1076, 3/15/2022]
5. 
Prior to use of a residence as a short-term rental, an applicant shall apply for a permit with the Zoning Administrator and pay the required fee for a permit. Within 14 days of said application, the Zoning Administrator shall notify the applicant, in writing, of the approval or denial of the permit, and shall state the provisions of this Part 7 with which the application does not comply. Failure of the Zoning Administrator to properly grant or deny a permit in the manner and time period stipulated above shall constitute an approval of the application for the permit, and the residence may be used as a home occupation so long as the use complies with this Part 7.
A. 
Upon issuance of the short-term rental permit, the permit number shall be displayed in the window of the home being rented and the rental permit number shall be included in the advertisement of the short-term rental. Failure to properly display the short-term rental permit number is either medium will result in a violation of this Part 7.
[Added by Ord. No. 1076, 3/15/2022]
6. 
After a permit has been granted, the applicant must apply for a permit on an annual basis, said application to be made annually before September 1 of each year and said permit to be reissued, if all conditions of this Part 7 are met, on or before September 30 of each year.
[Ord. No. 1049, 11/18/2019; as amended by Ord. No. 1058, 8/17/2020]
1. 
The purpose of this section is to establish regulations for the keeping of chickens and ducks on residentially zoned properties of Ferguson Township. This section establishes standards and enforcement authority that ensure that domesticated chickens/or ducks do not adversely impact the neighborhood surrounding the property on which the chickens and/or ducks are kept.
A. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHICKEN
Common domestic fowl (Gallus domesticus) or its young.
CHICKEN COOP
Any fully enclosed and covered henhouse providing a predator-resistant shelter that is thoroughly ventilated, provides adequate sun and shade and all-season protection from the elements, designed to be easily accessed and cleaned where poultry and/or chickens live.
CHICKEN RUN
A covered, secure enclosure that allows chicken hens access to the outdoors.
CHICKEN RUNWAY
A fully enclosed, fenced area connected to the coop.
CHICKEN TRACTOR
A movable fully enclosed structure commonly used for pastured chicken hens that graze on fresh grass daily. The chicken tractor is moved every day or week as needed for the chicken hens to have fresh grass underneath them. Chicken tractors can be used as permanent or temporary housing for chicken hens and are considered a type of chicken coop.
DUCK
Any breed of domestic duck of the Anatidae family, excluding swans and geese.
HEN
A female adult chicken.
ROOSTER
A male adult chicken.
WATER SOURCE
A clean supply of water in a pond, wading pool, tub or other container that is large enough for a duck to fit its entire body in and deep enough to submerse its head.
B. 
Standards. The keeping and raising of chickens and ducks shall be allowed on single-family properties zoned, Rural Residential (RR), Single Family Residential (R1), Suburban Single Family Residential (R1B), Two Family Residential (R2), Planned Residential Development (PRD), Traditional Town Development (TTD), and Village (V). This section does not supersede restrictions or prohibitions within home owner association (HOA) covenants.
(1) 
Normal "agriculture" and/or "farming" practices found in the AR, RA or RR Zoning Districts shall be exempt from this section.
(2) 
Chicken hens are permitted.
(3) 
Roosters are prohibited.
(4) 
Only nonflying duck species, such as Pekins and Khaki Campbells, are permitted.
(5) 
Male and female ducks are permitted.
(6) 
There may be no more than four ducks on a lot. Chickens and ducks may be kept on the same lot, not to exceed a maximum number of six total birds per lot, regardless of the number of dwelling units on the lot.
(7) 
Chickens and ducks shall be confined at all times within a coop, pen or chicken run with access to an outside area.
(8) 
The chicken and duck enclosures must be clean, dry, and odor free, and kept in a neat and sanitary condition such that the facility, chickens or ducks do not produce noise or odor that creates a nuisance for adjacent properties. The enclosures must provide adequate sun and shade, and be impermeable to rodents, wild birds, and predators, including dogs and cats. The enclosure must be covered with wire, aviary netting, or solid roofing.
(9) 
All animal byproducts and waste must be collected and removed on a regular basis, allowing the storage of one sealed twenty-gallon container. Chicken or duck manure and/or used bedding may be composted on the property, however it is unlawful to spread or deposit waste upon any ground or premise within the Township any chicken or duck manure and or used bedding. All animal and byproducts that enter the Township's storm sewer is considered an illicit discharge by the Township's Stormwater Ordinance[1] and the Township's municipal separate storm sewer systems (MS4) permit.
[1]
Editor's Note: See Ch. 26, Stormwater Management.
(10) 
Chickens and ducks shall be kept for personal use only. No sales of eggs, chickens, chicks, slaughtered chicks or chickens, or fertilizer are allowed.
(11) 
Ducks must be provided with a clean water source large enough for the duck to fit its entire body and deep enough to submerse its head.
(a) 
Chickens and ducks shall be within a coop or pen during nondaylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one-inch openings. The coop and or pen must be watertight and well maintained.
(b) 
Henhouses, coops, chicken tractors, pens, fenced areas or chicken runs shall not be calculated toward the allowed amount of accessory structures as may be defined by this ordinance.
(c) 
Henhouses, chicken and duck coops, chicken, tractors, fenced areas or runs shall be not allowed within 10 feet of both side and rear property lines and are not allowed in front yards.
(d) 
Only one installation which can consist of a chicken or duck coop, fenced area and or run as a unit shall be allowed on each property. A chicken tractor may be temporarily relocated from the permanently installed unit. Provision must be made for the removal of chicken and duck waste.
(e) 
The minimum chicken and duck coop size is three square feet per chicken or duck. The maximum structure shall be 144 square feet.
(12) 
Chickens and ducks must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents and wild birds. All feed, and water and other items associated with domestic fowl shall be protected from infestation by rodents, wild birds and predators. Failure to keep water, feed and other items associated with domestic fowl in a clean and sanitary condition will constitute a violation of this section.
(13) 
In addition, the henhouse or duck house, chicken coop, chicken tractor, fenced area or run and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
(14) 
It shall be unlawful for the owner or owners of any domestic fowl to let the same run at large upon any of the common thoroughfares, sidewalks, passageways, play areas, parks, streets alleys or public highways, or any place where people congregate or walk, or upon any public or private property. Any domestic fowl not contained in a coop or pen shall be considered to be "at large."
(15) 
Slaughtering or butchering of domestic fowl for personal consumption shall be permitted, provided that it is done wholly on the property where the domestic fowl are kept. Slaughtering or butchering shall be conducted only in an indoor location and any waste created from slaughtering or butchering shall be disposed of in a proper and sanitary manner. Commercial slaughtering or butchering is prohibited unless it is done under the operation of an approved facility for the slaughtering of animals as regulated by the Pennsylvania Department of Agriculture.
(16) 
A zoning permit and fee is required.
(17) 
If a property owner abandons or vacates a domestic fowl coop, henhouse, chicken tractor, fenced area or run, the Township shall require the removal of the structure within 30 days.
(18) 
Chickens or ducks not kept in compliance with this section shall be deemed a public nuisance. If the owner or custodian has not rectified the conditions by the date provided in any violation notice provided by the Township, the enforcement procedures of § 27-906 will be followed.
[Ord. No. 1049, 11/18/2019]
1. 
Said uses shall be permitted in the residential districts upon application for and receipt of a permit from the Township for such home occupation so long as the home occupation meets the following requirements:
A. 
The home occupation shall include, but not be limited to, the professional practice of medicine and dentistry, architecture, engineering, law, teaching (limited to not more than seven students at any one time), accounting, real estate and insurance, artists, writers, barbers, beauticians, seamstresses, lawn care and/or snow removal services, building, electrical and plumbing contractors and offices for small businesses.
B. 
The home occupation shall be carried on completely within the dwelling unit except for lawn care and/or snow-removal services and building, electrical and plumbing contractors if their main work or activity is not carried on at the residence.
C. 
The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one additional employee working in the home. For lawn care and/or snow-removal services and building, electrical and plumbing contractors, additional employees may work off site. The additional off-site employees shall not report to the home office on a daily basis for supervision, dispatch, meetings, or personnel matters and will essentially be directed in their daily work at their assigned work location.
D. 
Not more than 25% of the floor area of the dwelling or 500 square feet, whichever is the lesser, shall be devoted to home occupations.
E. 
Articles sold or offered for sale shall be limited to those produced on the premises.
F. 
No repetitive servicing by truck for supplies and materials shall be required by the home occupation.
G. 
There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than a single sign identifying the home occupation, of a face are as specified by the Sign Ordinance (Chapter 19) and there shall be no exterior storage of materials.
H. 
No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation.
I. 
Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.
[Amended by Ord. No. 1076, 3/15/2022]
J. 
Any maintenance and servicing of lawn care or snow-removal equipment must be completed in an enclosed building so as not to create objectionable noise, fumes, dust or electrical interference.
K. 
One home occupation only may be carried on in a residence.
L. 
Prior to use of a residence as a home occupation, an applicant shall apply for a permit with the Zoning Administrator and pay the required fee. Within 14 days of said application, the Zoning Administrator shall notify the applicant, in writing, of the approval or denial of the permit, and shall state the provisions of this Part 7 with which the application does not comply. Failure of the Zoning Administrator to properly grant or deny a permit in the manner and time period stipulated above shall constitute an approval of the application for the permit, and the residence may be used as a home occupation so long as the use complies with this Part 7.
M. 
After a permit has been granted, the applicant must apply for and pay the permit fee on an annual basis, said application to be made annually before September 1 of each year and said permit to be reissued, if all conditions of this Part 7 are met, on or before September 30 of each year.
N. 
Any storage of equipment and supplies by any person engaged in a home occupation under this subsection must be in an enclosed building.
[Ord. No. 1049, 11/18/2019]
1. 
Temporary uses shall be permitted only in the General Commercial, General Industrial and Light Industry, Research and Development Districts in accordance with the requirements of this subsection. Any person desiring to benefit from this subsection shall be required to obtain a zoning permit. A health codes permit or a building permit must also be obtained if required by other Township ordinances. The completed zoning permit application shall set forth the date that the temporary use will terminate. A temporary use is not to occur on a regular basis at a site so as to become permanent. This subsection shall not apply to accessory uses allowed under the various district regulations. Any temporary use not specifically allowed by this subsection is prohibited.
A. 
Temporary Uses Permitted. The following temporary uses are permitted according to the requirements specified and only for the period of time prescribed below:
(1) 
Outdoor Retail Sales (also known as "Sidewalk Sales," Fire Sales" and "Tent Sales"). Maximum duration of operation shall be not more than 15 consecutive days, limited to twice during the calendar year. Any outdoor sales on the premises must be associated with products exactly as they are found in the existing buildings on the site. The outdoor retail sales may include promotional accessory food for consumption.
B. 
Motor Vehicle Code Access Requirements. The above temporary uses shall meet the Motor Vehicle Code access requirements set forth in the Township. If access is to a road or street owned by the Commonwealth of Pennsylvania, a permit issued by the Pennsylvania Department of Transportation shall be required if access is not from an existing permitted driveway.
C. 
General Requirements.
(1) 
All temporary uses shall be provided with adequate sanitary facilities.
(2) 
At the end of the permitted time period, the temporary use and accompanying structure, signs, etc., shall be removed.
(3) 
In addition to the zoning permit application, a transient/retailer/peddling permit shall be applied for and approved pursuant to Ord. 100, April 13, 1979 (Chapter 13, Part 1).
(4) 
All signs for the temporary use shall comply with the provisions of Chapter 19, Part 1, Sign Regulations, of the Code of Ordinances of Ferguson Township.
(5) 
As a condition of the temporary use zoning permit, any proposed structure shall meet all applicable building, electrical, property maintenance, fire prevention, mechanical and plumbing codes administered by the Centre Region Code Administration.
(6) 
Structures to be erected in conjunction with a temporary use shall comply with § 27-1003 of this chapter, except that structures proposed to be erected on a lot that has an approved land development or land development plan may submit said plan depicting the location of the structure intended to be utilized in conjunction with the temporary use. Any modification of the approved land development plan or land development plan shall only be valid for the time period of a permitted temporary use. Minor alterations set forth in Chapter 22.
(7) 
The placement of the above-permitted temporary uses shall not be in violation of any building setback requirement for the permitted uses within the relevant zoning district.
(8) 
The above-permitted temporary uses shall be required to provide off-street parking spaces in accordance with Chapter 22.
(9) 
Off-street parking shall be provided and maintained in accordance with the provisions of § 22-5C01.
[Amended by Ord. No. 1076, 3/15/2022]
D. 
Temporary Use Exemptions. The following temporary uses are exempt from the zoning permit requirements but must follow the criteria described below:
(1) 
Sale of produce, if grown on the property where the sale occurs.
(2) 
Christmas Tree Sales. Where the proceeds benefit a charitable cause, the sale may be from any zoning district. When not benefitting a charitable organization, the sales must occur in a commercial or industrial district. The maximum time of operation shall be 45 consecutive days, once during the calendar year. Christmas tree sales are not permitted from residential dwellings in any district with the exception of the RA Zoning District.
(3) 
Car washes, rummage and bake sales, flea markets or similar activities which are conducted by and for the sole benefit of a nonprofit/community association or charitable organization. The event shall not occur more than five times a year for any one particular group at a single site.
(4) 
Garage and Yard Sales on Residential Property. May be held for a period of three days or less, not more than five times per year.
[Ord. No. 1049, 11/18/2019; Ord. No. 1076, 3/15/2022; Ord. No. 1097, 4/16/2024]
1. 
General. Mobile retail food facility shall be a permitted use in every zoning district in Ferguson Township under the following conditions:
A. 
Time Limits.
(1) 
This permitted use is for the sale of food and nonalcoholic beverages, between the hours of 6:00 a.m. to 2:00 a.m. in the General Commercial (C), General Industrial (I), and Industrial, Research and Development (IRD) Zoning Districts.
(2) 
This permitted use is for the sale of food and nonalcoholic beverages between the hours of 7:00 a.m. to 11:00 p.m. in the Village (V), West College Neighborhood (WCN), and Traditional Town Development (TTD) Zoning Districts.
(3) 
In all other zoning districts, mobile food facilities are permitted between the hours of 7:00 a.m. and 7:00 p.m.
(4) 
Mobile food facilities located in neighborhood parks and places of assembly located in residential zoning districts may operate between the hours of 7:00 a.m. and 9:00 p.m.
(a) 
Mobile retail food facilities can be located on a premises for no more than 13 weeks per calendar year.
1) 
Overnight parking of mobile food facilities in parks is prohibited, unless by special event permit issued by Ferguson Township.
B. 
Location.
(1) 
The mobile food vendor shall first obtain a permit from Ferguson Township's Zoning Administrator prior to selling its products within a Township public right-of-way. Township staff shall be permitted to establish conditions restricting specific streets, location, or time of day as to which products may be sold.
(a) 
The vending of food from a mobile food facility shall be prohibited from the street side of the facility or in a way where customers will be positioned to impede vehicle traffic in a parking lot or roadway, and customers are not permitted on private property.
(b) 
Mobile food facilities are prohibited to operate on the following Township streets:
1) 
Blue Course Drive;
2) 
Whitehall Road;
3) 
West College Avenue;
4) 
North Atherton Street; and
5) 
West Aaron Drive.
(c) 
Approval of operating in a Township public right-of-way is site-specific. If a new location to operate a mobile food facility is proposed, a new permit shall be issued.
(2) 
The mobile food vendor may be permitted to sell its products on public property, such as parks, under the following conditions:
(a) 
The mobile food vendor shall first obtain a permit from Township Staff.
(b) 
A mobile retail food facility is permitted to operate during hours of park operation, set by Centre Region Parks and Recreation.
(c) 
Mobile food vendors are prohibited from operating in the following Parks:
1) 
The Meadows;
2) 
Park Hills; and
3) 
Songbird Sanctuary.
(d) 
The mobile food vendor shall follow all regulations contained herein and regulations established by resolution.
(3) 
The mobile retail food facility must be located at least 15 feet from fire hydrant or any other fire department connection.
(4) 
Mobile retail food facilities shall be prohibited from utilizing or blocking handicapped-accessible parking.
C. 
Noise. No audio amplification, including, but not limited to, megaphones or speaker systems, shall be permitted as part of the mobile retail food facility operation.
D. 
Sanitation and Safety.
(1) 
The mobile food vendor is responsible for the proper disposal of trash and waste associated with the operation. Vendors shall remove trash from their approved locations at the end of each day as needed to maintain the health and safety of the public. No liquid waste of grease is to be disposed of in landscape areas, storm drains, onto sidewalks or streets or other public spaces. Specific plans for disposal of liquids shall be included in the permit application.
(2) 
The mobile food vendor shall obtain a mobile retail food facility operation zoning permit and applicable health permit, both shall be displayed on the mobile retail food facility. Each person obtaining a zoning permit shall pay all applicable fees set forth in the Township fee schedule. The permit required will be for a period of one year and shall be renewed on an annual basis. Prior to the issuance of a zoning permit, the vendor shall provide evidence of a Pennsylvania Department of Agriculture Bureau of Food and Laboratory Services retail food facility permanent license, or a Division of Health and Neighborhood Services permit with facilities plan review and the following:
(a) 
A plan for recycling containers.
(b) 
Proposed seating (if applicable).
(c) 
The mobile food facility shall be subject to all code requirements in Chapter 10 (Health and Safety) of the Township Code of Ordinances.
(3) 
The mobile food vendor or his/her designee must be present during the operating hours, except in the case of emergencies.
(4) 
Vehicle registration for all vehicles being used shall be provided as part of the zoning permit application.
(5) 
A twenty-four-inch-by-thirty-six-inch sandwich board sign is permitted and shall be located within five feet of the mobile retail food facility. No off-site signs shall be permitted.
E. 
If the office for the food truck business is located within the owner's home in Ferguson Township, a no-impact home based business permit shall be required.
[Ord. No. 1049, 11/18/2019]
1. 
In addition to the district regulations specified, all automobile service stations shall meet the following regulations:
A. 
The dismantling of motor vehicles shall be performed within a completely enclosed building.
B. 
All dismantled motor vehicles and parts thereof, shall be stored within completely enclosed buildings, except for motor vehicles which are currently licensed and inspected.
C. 
Fuel pumps may be located within the front yard setback area provided such are at least 30 feet from any lot line.
[Ord. No. 1049, 11/18/2019]
1. 
In addition to the district regulations specified, all auto wrecking, junk and scrap establishments shall meet the following regulations:
A. 
All material shall be placed in such a manner that it is incapable of being transferred off the premises by wind, water or other natural causes under normal conditions.
B. 
No material shall be placed within the front, side or rear yard setback areas. All yard setback areas shall at all times be clean, vacant and maintained.
C. 
All paper, cloth and rags, and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
D. 
All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six feet in height. Such fence shall be completely sight obscuring and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation.
E. 
All gasoline and oil shall be drained from any junked motor vehicle into containers and stored at only one location on the premises. No more than 55 gallons in aggregate shall be stored aboveground.
F. 
Fire hazards shall be minimized where practical by the segregation of combustible from noncombustible materials and the provision of aisles at least 30 feet wide for escape and firefighting equipment.
G. 
The storage of material in piles shall not exceed 20 feet in height.
H. 
The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.
I. 
Every structure erected upon the lot after the effective date of this chapter shall be of construction conforming to the Township Fire Prevention Code (Chapter 5, Part 4).
J. 
No structure or material storage shall be allowed within 100 feet of a stream, water body or sinkhole.
[Ord. No. 1049, 11/18/2019]
1. 
In addition to the district regulations specified, child-care facilities shall meet the following requirements:
A. 
Family Child-Care Home. Family child care shall be permitted as an accessory use to a residential dwelling unit as long as the family child-care home meets the following requirements:
(1) 
The family child-care home shall comply with all licensing requirements of the Commonwealth of Pennsylvania.
(2) 
No structural changes are permitted which will alter the exterior character of the single-family residence.
(3) 
A nonfee zoning permit is required for this accessory use.
B. 
Group Child-Care Home. Group child care shall be permitted as prescribed in § 27-205 as long as the group child-care home meets the following requirements:
(1) 
The group child-care home shall comply with all licensing requirements of the Commonwealth of Pennsylvania.
(2) 
A zoning permit shall be obtained from the Ferguson Township Zoning Administrator. The zoning permit shall be accompanied by a sketch plan which identifies parking, outdoor play area and access.
(3) 
The area designated as the outdoor play area shall be enclosed with a minimum four-foot-high fence.
(4) 
One additional off-street parking space shall be provided for each employee as required by the Commonwealth of Pennsylvania.
(5) 
No structural changes are permitted which will alter the exterior character of the single-family residence.
(6) 
Residences located on arterial streets must provide a dropoff/pickup area designed to prevent vehicles from backing onto the arterial roadway.
(7) 
The home shall comply with noise standards contained in Ordinance 241, September 28, 1982 (Chapter 10, Part 3).
C. 
Child-care center. A child-care center shall be permitted as a primary as prescribed in § 27-205 and as an accessory use to an office building, a church or a structure which is part of the church facility, as long as the child-care center meets the following requirements:
(1) 
All district regulations as specified shall be followed.
(2) 
Child-care centers shall be located only on lots with direct motor vehicle access onto a public street.
(3) 
All outdoor play areas shall be completely enclosed by a fence or wall with a minimum height of four feet and screened by an evergreen planting which shall reach a height of at least six feet within five years of planting.
(4) 
The child-care center shall comply with all licensing requirements of the Commonwealth of Pennsylvania.
(5) 
A zoning permit shall be obtained from the Ferguson Township Zoning Administrator.
D. 
Child/Day Care. Child/day care shall be permitted as a primary use as prescribed in § 27-205 as long as the following requirements are met:
(1) 
All district regulations as specified shall be followed.
(2) 
Child/day care (as an accessory or primary use) shall be located only on lots with direct motor vehicle access onto a public street.
(3) 
All outdoor play areas shall be completely enclosed by a fence or wall with a minimum height of four feet and screened by an evergreen planting which shall reach a height of at least six feet within five years of planting.
(4) 
All child/day care shall comply with all licensing requirements of the Commonwealth of Pennsylvania.
(5) 
A land development plan must be filed to obtain approval from the Ferguson Township Board of Supervisors.
(6) 
Child/day care may be permitted as an accessory use to any place of assembly as long as such use is in accordance with the provisions that regulate such place of assembly.
[Ord. No. 1049, 11/18/2019]
Churches and other places of worship shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses.
[Ord. No. 1049, 11/18/2019]
1. 
"Convenience food stores" are defined as small stores permitted as prescribed in § 27-205.
A. 
Sales of additional products, when clearly incidental and subordinate to the retailing of food and beverages, may include nonprescription drugs, housewares, periodicals and tobacco. The sale of motor vehicle fuels and food and beverages for consumption on the premises is expressly prohibited. In addition to the district regulations specified, all convenience food stores shall meet the following requirements:
(1) 
No convenience food store shall have a gross floor (area) exceeding 2,500 square feet.
(2) 
Except for driveways and walkways, all yards shall have a buffer yard in accordance with this chapter.
(3) 
No establishment shall be open for business between the hours of 12:00 midnight and 7:00 a.m.
(4) 
All sales and displays shall be within completely enclosed buildings, and there shall be no display or storage of any material outside such buildings. No public address systems or other devices for reproducing or amplifying voices or music shall be mounted outside such buildings or be audible beyond any lot line on which the building is situated.
(5) 
The convenience food store may include one dwelling unit.
[Ord. No. 1049, 11/18/2019]
In addition to the district regulations specified, no building used for attached dwelling units shall exceed 200 feet in length or a maximum of six units in a row.
[Ord. No. 1049, 11/18/2019]
In addition to the district regulations specified, the storage of hydrated manure in bulk for farm uses shall not be permitted within 150 feet of any lot line.
[Ord. No. 1049, 11/18/2019]
1. 
In addition to the district regulations specified, all golf courses, pitch putt golf courses and driving ranges shall meet the following applicable regulations:
A. 
No golfing green or fairway shall be closer than 100 feet to any lot line.
B. 
Golfing tees and greens for the same hole may not be separated by a public street.
C. 
Driving ranges shall have screens or fences of a height and location sufficient to prevent golf balls from landing on the property of another.
[Ord. No. 1049, 11/18/2019]
1. 
In addition to the district regulations specified, in the RA, RR, R1, R2, and R3 Districts, lot requirements and yard setback requirements different from those set forth in the appropriate subsection shall be allowed as a conditional use by the Board of Supervisors after receiving recommendations from the Planning Commission if the following standards and criteria are met:
A. 
A lot which is possibly subject to further subdivision under the ordinances or resolutions of the Township of Ferguson as they then currently exist need not meet the minimum lot width requirements at the street line as set forth in this chapter, so long as the lot shall be a minimum of 60 feet wide at the street line and shall be no less than 60 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.
B. 
A lot which is not possibly subject to further subdivision under the ordinances or resolutions of the Township of Ferguson as they then currently exist need not meet the minimum lot width requirements at the street line as set forth in this chapter, so long as the lot shall be a minimum of 15 feet wide at the street line and shall be no less than 15 feet wide at all points from the street line to the point at which the lot meets the minimum width requirements.
C. 
In determining the minimum size of a lot and maximum coverage of a lot, only that portion of the lot described pursuant to § 27-732, Subsection 1E, below, shall be considered in making such calculations. In determining maximum impervious coverage of a lot, the total lot area shall be considered in making such calculations.
D. 
In determining the location of front yard setback requirements, the front yard setback shall be calculated in reference to the lot described pursuant to § 27-732, Subsection 1E, below.
E. 
Pot Handle.
(1) 
If there is a discernible pot handle (the extension of the side lines of the lot intersect within the lot or on a line of the lot), only that portion of the lot within the intersecting lines shall be considered for purposes of § 27-732, Subsection 1A through D.
(2) 
If there is not a discernible pot handle, only that portion of the lot which is to the rear of the line parallel to the front line (or parallel to the tangent at the midpoint of a curved front line) where the lot first reaches the lot minimum width requirements as set forth in the lot requirements of this chapter shall be considered for § 27-732, Subsection 1A through D.
F. 
In granting a conditional use for a flag lot, the Board of Supervisors shall take into consideration whether some or all of the following goals will be reached:
(1) 
Creation of the flag lot will eliminate access from the lot to an arterial or collector street.
(2) 
Creation of the flag lot will make better use of an irregularly shaped property.
(3) 
Creation of the flag lot is consistent with a design and layout creating the minimum number of flag lots in the subdivision, taking into account § 27-732, Subsection 1F(1) and (2).
(4) 
Creation of the flag lot will reduce the loss of tillable acreage associated with a farm parcel that has no additional subdivision potential.
G. 
In granting a conditional use, the Board of Supervisors shall attach such conditions as are necessary to meet the intent of this section.
H. 
To administer a conditional use, the Zoning Administrator shall report to the Planning Commission and the Board of Supervisors on the proposal for which the application is made, shall supply the Planning Commission and the Board of Supervisors with a copy of the application and subdivision plan and shall make a recommendation on the proposed conditional use.
I. 
Within 90 days from the date such application was filed and all fees paid, the Planning Commission shall make a recommendation and the Board of Supervisors shall render its decision.
[Ord. No. 1049, 11/18/2019]
1. 
No-impact home-based businesses shall be permitted in all the residential districts upon application for and receipt of a permit from the Township. To obtain a permit, information must be provided by the applicant to the Township that identifies that the no-impact home-based business meets the following requirements:
A. 
Prior to use of a residence for a no-impact home-based business, an applicant shall apply for a permit with the Zoning Administrator and pay the required fee. Within 14 days of said application, the Zoning Administrator shall notify the applicant, in writing, of the denial of the permit, and shall state the provisions of this Part 7 with which the application does not comply. Failure of the Zoning Administrator to properly grant or deny a permit in the manner and time period stipulated above shall constitute an approval of the application for the permit, and the residence may be used as a no-impact home-based business so long as the use complies with this Part 7.
B. 
After a permit has been granted, the applicant must annually apply for a renewal, said application to be made annually before September 1 of each year and said permit to be reissued, if all conditions of this Part 7 are met, on or before September 30 of each year. There shall be no fee required for the annual renewal.
[Ord. No. 1049, 11/18/2019]
One single-family detached dwelling is permitted on a minimum one acre lot in the Rural Agricultural District as a primary use for every 50 acres of a tract, provided that a written agreement with the Township, in a manner and form acceptable for recording by the office for the recording of deeds, Centre County, Pennsylvania, be entered into by the landowner, limiting the balance of the 50 acre tract to a different primary use permitted in the Rural Agricultural District.
[Ord. No. 1049, 11/18/2019]
School zone signage shall be provided for all schools and all roads in accordance with Title 67, Pa. Code.
[Ord. No. 1049, 11/18/2019]
1. 
A riding stable and/or academy shall be permitted as prescribed in § 27-205 if the following conditions are satisfied:
A. 
All applications for a riding stable and/or academy conditional use permit shall be accompanied by a land development plan.
B. 
The maximum impervious cover, exclusive of access, shall be 100,000 square feet or 10% of the lot size, whichever is less.
C. 
All required off-street parking spaces and aisles shall consist of six inches of crushed and compacted stone.
D. 
Front, side and rear setbacks shall be a minimum of 50 feet.
E. 
No outdoor activity or event lighting or loudspeaker system is permitted to be installed or used on the site. Security lighting is permitted; however, all lighting must conform to the standards of Chapter 4, Part 1, of the Township Code of Ordinances.
F. 
Maximum building height shall be 40 feet.
G. 
The site shall be subject to all code requirements in Chapter 5 of the Township Code of Ordinances.
[Ord. No. 1049, 11/18/2019]
1. 
Veterinary office/clinics are permitted as prescribed in § 27-205 subject to conformance with the following:
A. 
A minimum of one licensed veterinarian must be on staff.
B. 
Dogs may not be left outdoors for any extended period of time.
C. 
Emergency facilities may operate on a twenty-four-hour basis.
D. 
Any facility within 1,000 feet of a residentially occupied site must identify how noise from the site will be controlled to prevent a nuisance situation.
[Ord. No. 1049, 11/18/2019]
1. 
Group homes shall be permitted as prescribed in § 27-205 subject to conformance with the following:
A. 
No services for nonresidents shall be conducted from the dwelling unit other than limited after-care for prior residents.
B. 
The applicant shall notify the local ambulance and fire services of the presence of the group home and the type of residents.
[Ord. No. 1049, 11/18/2019]
1. 
Applicability. This paragraph shall apply to community gardens within Ferguson Township other than those existing or proposed within local, community, or regional parks. This paragraph shall not apply to gardens that are accessory to a residential use and are for personal use by the owner or occupant of the property.
2. 
Standards. Community gardens shall be permitted as prescribed by § 27-205 as long as the garden is operated by the property owner. All community gardens shall comply with the standards of this subsection and shall, prior to obtaining a permit for the use, submit a copy of the operating standards that will be established and enforced by the property owner.
3. 
Lot Size/Lot Coverage Regulations. No minimum lot size is established for this use; however, no more than 15% of the required pervious area of any lot or 10,000 square feet, whichever is larger, may be converted to use as a community garden.
4. 
Sale of Plants or Produce. A community garden is not intended to be a commercial enterprise. The produce and plants grown in a community garden shall not be sold wholesale nor offered for sale on the premises. Surplus produce and plants may be sold off site.
5. 
Accessory Structures. Accessory buildings associated with the garden shall be limited to toolsheds or storage sheds on the site which shall comply with the size and location standards as well as all permitting procedures of the Township. No signage related to advertising the garden is permitted on site.
6. 
Other Restrictions.
A. 
Gardens shall be designed and maintained to prevent any soil, chemical pesticide, fertilizer or other garden waste from draining off the property. All gardens shall be tidied and prepared for winter.
B. 
No additional parking may be added to the site to accommodate gardeners, nor shall any existing parking area be used for storage of garden materials.
C. 
All gardens shall be located to the side or rear of any structure on the site and in no case shall any garden area be located between the structure and the road right-of-way, or in any setback area.
D. 
The following are also prohibited:
(1) 
Invasive plants.
(2) 
Beekeeping.
(3) 
Lighting.
(4) 
Greenhouses, hoophouses or coldframes.
(5) 
Keeping chickens or other livestock.
(6) 
Encroachment within any easement of record.
7. 
Permit Required. A zoning permit shall be obtained prior to establishing this use on any site. Information submitted to obtain the permit shall identify compliance with the above standards.