The purpose of this article is to provide additional requirements applicable to certain uses permitted by right or by special exception in the various zoning districts. These regulations are intended to supplement the district regulations contained in Article III.
In addition to the specific standards set forth in this article, in Article III, District Regulations, and in Article V, General Provisions, the general standards pertaining to uses permitted by special exception, as set forth in § 470-151F of this chapter, must be met prior to approval for said uses in applicable districts.
A.
The use is clearly accessory to the single-family detached dwelling.
B.
Only one accessory garage apartment or rental cottage shall be allowed
per lot.
C.
One development right is required for each accessory garage apartment
or rental cottage.
D.
The total building coverage for the principal dwelling, any other
accessory structures, and the accessory dwelling together shall not
exceed the maximum lot coverage requirement for the underlying district,
where applicable.
E.
In addition to all parking requirements for the principal dwelling,
a minimum of one off-street parking space, with unrestricted ingress
and egress, shall be provided for the accessory garage apartment.
A.
An adult regulated facility shall not be located within 250 feet
of any residential use.
B.
An adult regulated facility shall not be located within 1,000 feet
of any church, school, library, park, playground, day-care center,
or any other adult regulated facility.
C.
Any building or structure used and occupied as an adult regulated
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film or services
are exhibited or displayed; and no sale materials, merchandise, film
or other offered items of service shall be visible from outside the
building or structure.
D.
No sign shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, film
or service offered therein.
E.
Each and every entrance to the structure shall be posted with a notice
that the use is a regulated facility that persons under the age of
18 are not permitted to enter and warning all others that they may
be offended upon entry.
F.
No unlawful sexual activity or conduct shall be performed or permitted.
G.
No adult regulated use may change to another adult regulated use,
except upon approval of an additional special exception by the Zoning
Hearing Board.
A.
All activities and services shall be directed at meeting the needs
of the farming community.
B.
All structures shall be located at least 50 feet from all property
lines, unless setback further by standards of the district in which
located.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
D.
No unenclosed storage of parts, supplies, trash, or machinery that
because of age or condition is inoperable shall be permitted. Storage
of such items shall be either within a building or in an area at the
side or rear of the principal building enclosed by a six-foot-high
fence and screened from adjoining properties. No materials may be
stored within the buffer area.
The retail sale of agricultural products is permitted on the
property where they were produced subject to the following regulations:
A.
There shall not be more than one roadside stand on any one premises.
B.
Building Size. Any building containing a roadside stand shall be
at least 50 square feet but not greater than 100 square feet in size.
C.
A roadside stand may be located in any yard area provided that it
is at least 10 feet from the street.
D.
Agricultural products, not produced on the property, may be sold
on a property provided:
E.
Following the harvesting seasons, all structures and signage shall
be moved to an area to the side or rear of the principal building
and appropriately screened from view.
A.
There shall not be more than one roadside stand on any one premises.
B.
Building size. Any building containing a roadside stand shall be
at least 100 square feet but not greater than 250 square feet in size.
C.
A roadside stand may be located in any yard area provided that, but
shall be set back at least 25 feet from the street right-of-way.
D.
No commercially packaged handicrafts or commercially processed or
packaged foodstuffs shall be sold.
A.
All federal and state operational and safety requirements shall be
met.
B.
Lot area: 30 acres minimum.
C.
The approach area to any of the proposed runways or landing strips
shall not be located within 2,500 feet of the Residential or Village
Districts including residential districts within adjacent municipalities.
D.
Any building, hanger or structure shall be located a sufficient distance
away from the landing strip in accordance with the recommendations
of all applicable federal and/or state laws.
E.
The applicant shall furnish evidence of the obtainment of license
all applicable federal and/or state agencies to the Township prior
to occupancy approval by the Township.
A.
The primary use shall be the medical attention and professional care
of animals, with incidental boarding only of animals receiving treatment.
B.
All animal boarding buildings that are not completely enclosed and
any outdoor animal pens, stalls or runways shall be located within
the rear yard and screened from adjoining properties and shall be
a minimum of 100 feet from all property lines.
C.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of animals; all such enclosures shall be setback a minimum
of 10 feet from all property lines.
D.
Accumulation and storage of manure or other odor producing substances
shall not be permitted in the V District.
E.
The applicant shall demonstrate proof of an approved means of disposal
of all solid, medical and hazardous waste.
F.
Any animal hospital or veterinary clinic in the Village District providing care to livestock and other large animals not customarily household or domestic pets shall maintain a minimum lot size of two acres and provide buffering and screening in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
A.
Maximum guest stays shall be limited to 14 consecutive days.
B.
There shall be a maximum of four guest rooms in the AG and R Districts.
C.
There shall be a maximum of six guest rooms permitted in V and WR
Districts.
D.
No external appearance modification of the building which would alter
the residential character is permitted, except for the provision of
fire escapes.
E.
The inn must comply with local regulations including but not limited
to fire, health and building codes.
F.
Meals shall be offered only to registered overnight guests.
G.
Bed-and-breakfast operations shall be conducted so as to be clearly
incidental and accessory to the primary use of the site as a single-family
detached dwelling.
A.
A rooming house or boardinghouse shall be owner-occupied.
B.
The lot on which such building is located must have a lot area, in
addition to other area requirements of the ordinance, of not less
than 1,500 square feet for each person for who accommodation is provided.
C.
Not more than six boarders/roomers shall be provided for upon any
lot or in any single building.
D.
Minimum periods of residency for all boarders/roomers shall be one
week.
E.
No facilities for cooking or dining shall be provided in individual
rooms or suites.
F.
All rooming houses and boardinghouses shall comply with all applicable
federal, state and local laws and regulations including, but not limited
to, fire, health, safety and buildings.
A.
Outside areas for dry storage, repair and/or maintenance of watercraft shall be screened in accordance with § 470-39 of this chapter.
B.
No major repairs (i.e., fiberglassing, spray painting, sanding) shall
be permitted in an outdoor boat storage facility.
C.
Each interior roadway, parking area and walkway shall be designed
to preserve natural features including but not limited to trees with
a diameter of greater than six inches at 4 1/2 feet from ground
level. All trees with a diameter of greater than six inches measured
at 4 1/2 feet from ground level removed shall be replaced on
site with trees having a minimum diameter of two inches measured at
4 1/2 feet from ground level.
D.
Lighting shall not cause reflections on the surface of the water
that will constitute a hazard to navigation or cause reflections or
glare on adjoining properties or streets.
E.
Trash containers shall be placed throughout the lot and may not be
permitted to overflow, cause objectionable odors or facilitate the
breeding of vermin or insects.
F.
Fencing shall be installed to provide security for boats and equipment
in outdoor storage areas.
A.
Minimum lot area: 10 acres.
B.
Maximum impervious coverage: 10%.
C.
Setbacks. All campsites shall be located at least 75 feet from any
property line.
D.
Each campsite shall be at least 500 square feet in size and shall
provide parking space for one automobile which will not interfere
with movement of traffic or provide equivalent parking in a common
parking area.
E.
There shall be a maximum of 15 recreational vehicles per acre of
lot area in any campground.
F.
An internal road system shall be provided. The pavement width for
the access drive entrance way shall be at least 24 feet. The pavement
width for internal drives shall be a minimum of 16 feet. All internal
drives must be improved to a mud-free, dust-free condition.
G.
All outdoor play areas shall be set back at least 100 feet from any
property line and screened from adjoining properties.
H.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
I.
Consideration shall be given to traffic problems. If the nature of
the campground is such that it will generate a high volume of vehicular
traffic, then access should be via a collector street as designated
by the Township's Comprehensive Plan.
J.
All campgrounds shall furnish centralized sanitary and garbage collection
facilities that shall be set back a minimum of 100 feet from any property
line.
K.
Any accessory retail or service commercial uses shall be set back
at least 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for such uses shall have vehicular access from the campground's internal
road rather than the public street.
L.
A site manager shall be available on the site 24 hours per day.
M.
The campground must comply with all applicable state and local laws
and regulations.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
Facility operators shall be responsible for meeting all state and
federal licensing and registration requirements and shall provide
proof of compliance. Operators shall provide copies of all certificates
and licenses to the Township prior to occupancy approval by the Township.
B.
Outdoor recreation or activity areas must be located in a side or
rear yard and buffers and screens shall be provided as necessary to
adequately provide for the health and safety of the individuals receiving
care. This includes, but is not limited to, fences, walls, and plantings.
A.
The facility must be certified by the York County Area Agency on
Aging prior to occupancy approval by Lower Windsor Township.
B.
Domiciliary care operations shall be conducted as an accessory use
to the primary use of the property as a single-family detached residence.
C.
The domiciliary care home must be owner occupied and only family
members residing on the premises shall provide the care associated
with a domiciliary care facility.
D.
No facilities for cooking or dining shall be provided in individual
rooms or suites.
E.
The home must comply with all local regulations including but not
limited to fire, health and building codes.
A.
Facility operators shall be responsible for meeting all state and
federal licensing and registration requirements and shall provide
proof of compliance. Operators shall provide copies of all certificates
and licenses to the Township prior to occupancy approval by the Township.
B.
Outdoor play areas for children shall be enclosed by a fence, wall
or other means to provide for the health and safety of the children
as determined by PA Department of Human Services.
C.
There shall be a minimum of two caregivers at all times when there
are more than six persons being cared for present.
D.
Day-care operations shall be conducted so as to be clearly incidental
and accessory to the primary use of the property as a single-family
detached dwelling.
A.
A group home must be licensed where required by an appropriate government
agency(ies), and shall be in compliance with all applicable rules
and regulations of the licensing body(ies). A copy of any required
license must be presented to the Township prior to issuance of a use
certificate.
B.
A minimum of 250 square feet of habitable floor area shall be provided
for each occupant.
C.
No kitchen or dining facilities shall be permitted in individual
sleeping quarters or suites.
D.
The facility must meet all applicable fire, health, safety, and building
codes.
A.
Facility operators shall be responsible for meeting all state and
federal licensing and registration requirements and shall provide
proof of compliance. Operators shall provide copies of all certificates
and licenses to the Township prior to occupancy approval by the Township.
B.
No kitchen or dining facilities shall be permitted in individual
rooms or suites.
C.
The facility must meet all applicable fire, health, safety and building
codes.
D.
A minimum of 250 square feet of habitable floor area shall be provided
for each occupant.
A.
All burial plots or facilities shall be located at least 100 feet
from all property or street lines.
B.
Assurances must be provided that water supplies of surrounding properties
will not be contaminated by burial activity within the proposed cemetery.
C.
No burial plots or facilities are permitted within the Restricted
Development Overlay.
D.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
E.
Pet cemeteries must meet all of the above applicable requirements.
A.
All outdoor recreation/activity areas shall be set back at least
50 feet from any property line.
B.
Any accessory outdoor trap, skeet, rifle, pistol or archery range must meet the requirements of § 470-112.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
D.
Parking areas must be set back at least 50 feet from any adjoining
agricultural use or residential use or district.
A.
All activities shall take place in a completely enclosed building.
B.
The applicant shall furnish evidence as to how the use will not constitute
a nuisance due to noise or loitering outside the building.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
D.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
E.
Any exterior lighting shall be directed away from all adjoining properties.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
B.
Exterior lighting shall be directed away from all adjoining properties in accordance with § 470-41 of this chapter.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
D.
Depending upon the specific nature of the proposed use, additional
screening or buffering may be required to protect adjoining properties.
E.
Existing trees and vegetation shall be preserved to keep the area
natural. All trees with a diameter at breast height (DBH) of greater
than six inches removed shall be replaced on site with trees having
a minimum DBH of two inches.
A.
No storage yard shall be operated in connection with such use except
in the Industrial District.
B.
Climbing access to the tower shall be secured from use by unauthorized
persons.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
A.
B.
Except along access drives, a concrete curb eight inches in height
must be placed along all street right-of-way lines.
C.
Access shall be via a collector street as identified by the Township's
Comprehensive Plan.
D.
All lights must be diverted toward the fueling station or convenience
store or downward on the lot.
E.
No outdoor stockpiling of tires or outdoor storage of trash is permitted.
An area enclosed by a wall, fence or vegetative material and screened
from view of adjoining properties shall be provided whenever outdoor
storage is required. No materials may be stored so as to create a
fire hazard.
F.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
G.
Fuel pumps must be set back at least 20 feet from the street right-of-way
line.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Documentation shall be presented to the Township that the handling
and disposal of residual or hazardous wastes shall be in accordance
with standards and regulations established by the Commonwealth of
Pennsylvania, in Chapters 260 through 285 of Title 25 of the Pennsylvania
Code, and by the U.S. Environmental Protection Agency, in 40 CFR Ch.
I.
C.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
D.
A cottage industry may be permitted as accessory to a principal residential
use in the V and WR Districts provided that:
(1)
Only one cottage industry may be permitted as an accessory use to
the principal residential use of the property.
(2)
The cottage industry must be conducted within a completely enclosed
building. Where feasible, the cottage industry shall be conducted
within an existing building on the property.
(3)
The cottage industry shall not be subdivided or separated from the
principal use of the property.
A.
The unit must be located so as not to create a fire hazard, be in
a well-ventilated area and be secured when not in use.
B.
The building must be located at least 300 feet from any adjoining
property lines.
C.
The facility must comply with all applicable state and local laws
and regulations, including but not limited to water systems, sewage
disposal systems and solid waste disposal systems.
A.
A minimum of 250 square feet of habitable floor area shall be provided
for each occupant.
B.
A common kitchen and dining facility shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require such facilities if the affiliated
institution provides them elsewhere.
C.
All group quarters shall comply with all applicable building, health
and fire codes.
D.
Facility operators shall be responsible for meeting all state and
federal licensing and registration requirements and shall provide
proof of compliance. Operators shall provide copies of all certificates
and licenses to the Township prior to occupancy approval by the Township.
A.
Distance between buildings. Where two or more multifamily dwellings
are located on a single lot or parcel, the minimum distance between
principal buildings shall be 40 feet.
B.
Length of buildings: 200 feet maximum.
C.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
D.
No building for multifamily dwellings shall contain more than 16
dwelling units.
[Amended 8-8-2024 by Ord. No. 2024-02]
A.
No grouping shall contain more than eight dwelling units nor exceed
an overall length of 200 feet.
B.
Both public water and public sewer approved by the PA DEP must be
utilized; or if not available, satisfactory evidence must be submitted
to assure that the existing on-site disposal system is capable of
adequately serving the proposed use or additional units.
A.
There shall be a minimum farm parcel size: 50 acres.
B.
The temporary housing shall take place on farm parcels only during
the harvesting season, and not to exceed 120 consecutive days.
C.
The housing units must be temporary and clearly accessory in nature;
that is either mobile homes or manufactured homes capable of being
removed if no longer used for temporary housing for farm workers.
D.
The housing units must comply with all applicable state and local
laws and regulations.
E.
The housing units shall be used to house seasonal farm laborers only.
No more than eight occupants shall be permitted on the site.
A.
A permit must be obtained from the Township for each recreational
dwelling site prior to the placement of a temporary recreational dwelling
on a lot.
B.
Only one temporary recreational dwelling shall be permitted per lot.
C.
Temporary recreational dwellings may not remain on the lot for more
than 180 consecutive days.
D.
No permanent external appurtenances such as carports or patios may
be attached to any temporary recreational dwellings.
A.
The subject property shall front on a collector road as designated
by the Township's Comprehensive Plan.
C.
Drive-through windows shall be located on the side or rear of buildings.
D.
All drive-in and drive-through lanes shall be separated from the
parking lot's passageways and interior access drives providing access
to parking spaces.
E.
Any exterior speaker/microphone system shall be arranged and/or screened
so that it cannot be heard from beyond the property line.
F.
All exterior seating/play areas shall be screened and buffered in accordance with § 470-39 of this chapter.
G.
On-site stacking lanes shall accommodate eight vehicles waiting to
utilize the drive-in business and shall be situated to prevent vehicle
backups onto adjoining roads.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
The owner or occupant of the farm must be engaged in the family farm
support business.
B.
The use is clearly accessory to the principal farm use.
C.
Any outdoor storage of supplies, materials or products shall be located
behind the building in which the farm support business is located.
D.
Agritourism uses accessory to an existing and working farm shall
comply with the following.
(1)
The use must be incidental to and directly supportive of the agricultural
use of the property.
(2)
Agritourism uses shall include but are not limited to the following:
(b)
Cut-your-own Christmas tree operations and similar you-pick
fruit and vegetable operations.
(c)
Wineries, breweries, ice cream and cheese-making operations,
bakeries, and other specialty agricultural food products.
(d)
Farm-related tours, museums and agricultural exhibits, crop
identification and other educational programs, corporate events, company
picnics, weddings and special events.
(e)
Rodeos, agricultural fairs and festivals, horseback riding,
corn mazes, haunted houses and hayrides, and wagon and sleigh rides.
(3)
All parking shall be provided on site.
(4)
Sanitary facilities shall be provided in accordance with PA DEP requirements.
(5)
If applicable, prior to the issuance of a zoning permit, all applicants
shall submit a sketch identifying the location of the agritourism
enterprise, all farm buildings, dwellings, existing and proposed driveways,
access drives, parking areas, vehicle turn around areas, location
of sanitary facilities (if required), and buffering and landscaping.
(6)
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
A.
Activities and services shall be directed at meeting the needs of
the farming community.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
Forestry activities, including timber harvesting, shall be a permitted
use by right in all zoning districts, subject to the following regulations.
B.
For all timber harvesting operations, the landowner shall notify
the Township Zoning Officer at least three business days before the
operation commences and within three business days before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. Notification shall be in writing and shall specify
the land on which harvesting will occur, the expected size of the
harvest area, and, as applicable, the anticipated starting or completion
date of the operation.
C.
The proposed forestry activity shall be in compliance with all applicable
state laws and regulations including, but not limited to, Pennsylvania
Clean Streams Law and Pennsylvania Dam Safety and Encroachments Act.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq. and 32
P.S. § 693.1 et seq., respectively.
E.
Pursuant to 75 Pa.C.S.A. Chapter 49, and Chapter 189 of Title 67
of the Pennsylvania Code,, the landowner and the timber harvesting
operator shall be responsible for repairing any damage to Township
roads caused by traffic associated with the timber harvesting operation
to the extent the damage is in excess of that caused by normal traffic
and may be required to furnish a bond to guarantee the repair of such
damages.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
B.
All off-street stacking for the formation of the funeral procession
shall be provided on the site. No funeral procession will be allowed
to form on public streets.
A.
The display and sale of items not grown on the premises shall be
incidental to the greenhouse/nursery operation. The display and sales
area for those items shall be limited to not more than 25% of the
total gross display and sales area on the property.
B.
The display, sale and/or repair of power tools or motorized nursery,
lawn or garden equipment shall not be permitted.
B.
The golf course shall be designed so that golf balls will not be
driven over or across any building, building lot, road, access drive,
driveway or parking lot. In addition, the golf course design shall
minimize the cart path crossing of streets.
C.
All golf course buildings shall be set back at least 75 feet from
any adjoining streets and at least 100 feet from any adjoining residential
structures.
A.
A halfway house must be licensed where required by an appropriate
government agency(ies), and shall be in compliance with all applicable
rules and regulations of the licensing body(ies). A copy of any required
license must be presented to the Township prior to issuance of a use
certificate.
B.
A minimum of 250 square feet of habitable floor area shall be provided
for each occupant.
C.
A common kitchen and dining facility shall be provided and no cooking
or dining facilities shall be provided in individual rooms or suites.
This provision is not intended to require such facilities if the affiliated
institution provides them elsewhere.
D.
All halfway houses shall comply with all applicable federal, state
and local laws and regulations including, but not limited to, fire,
health, safety and building codes.
A.
Access shall be via a collector street as designated by the Township's
Comprehensive Plan.
B.
A buffer yard 50 feet wide must be located on the site in all instances where the site adjoins a residential use or district. The buffer yard shall be naturally landscaped and including screening in accordance with § 470-39 of this chapter, have no impervious cover and shall not be used for building, parking, loading or storage.
C.
Any outdoor storage areas shall be enclosed by a wall or fence and
screened from view of adjoining properties. No materials may be stored
so as to create a public health hazard or a public nuisance.
D.
No toxic or hazardous materials may be stored on any property, except
in compliance with applicable state regulations.
Subject to the requirements below, the following home occupations
may be authorized only in a dwelling unit or accessory building in
all districts: physician, dentist, clergyman, lawyer, engineer, accountant,
architect, teacher, artist, licensed insurance or real estate agent,
seamstress, barber, beautician and similar service occupations and
professions which have minimal impact on the surrounding area.
A.
Employees. No person other than a resident of the dwelling unit may
practice the occupation. No more than two persons shall be employed
to provide secretarial, clerical or other assistance.
B.
Pupils. No more than two pupils may receive instruction at a time.
C.
Coverage. Not more than 30% of the habitable floor area of the dwelling
unit may be devoted to a home occupation. If located in an accessory
building(s), the total area devoted to home occupations(s) shall not
exceed an area equal to 50% of the habitable floor area of the dwelling
unit.
D.
Appearance. The character or external appearance of the dwelling
unit must be that of a dwelling. No display of products may be shown
so as to be visible from outside the dwelling or accessory building.
E.
Parking. Besides the required parking for the dwelling unit, additional
parking is required as follows for each home occupation:
(1)
Two spaces for the home occupation and one space for each nonresident
employee, plus;
(2)
Two additional spaces shall be provided for a physician, dentist,
barbershop or beauty shop.
(3)
Garages shall not be considered parking area for home occupations.
Each space provided shall not have direct access to the street to
avoid vehicles backing into the flow of traffic.
F.
Sales. There shall be no stock-in-trade stores nor commodities kept
for sale that are not goods produced on the premises or used in connection
with the permitted home occupation.
G.
Additionally, to encourage the adaptive reuse of accessory buildings
in the AG District, the following types of home occupations shall
be permitted, only within the Agricultural District in an accessory
building constructed on or before the effective date of this chapter:
auctions, agricultural equipment repair, farm market, veterinary,
riding academy or boarding stable, kennel, indoor commercial recreational
establishment, vehicle repair, saw sharpening, woodworking, blacksmithing,
custom manufacturing, and similar small shop type work, storage and
warehousing and shall comply with the following:
(1)
Appearance. No display of products may be shown so as to be visible
from outside the dwelling or accessory building.
(2)
No exterior modification or addition to the accessory structure, except those which are necessary to meet Labor and Industry or ADA requirements and those which do not constitute a substantial enlargement or improvement as defined in Article II, shall be permitted.
(3)
Storage. Any associated storage must be either within a totally enclosed
structure or within an area to the side or rear of the principal building
and appropriately screened from view.
(4)
For home occupations involving vehicle repair, no more than two vehicles
not owned by the property owner shall be stored on the property at
any one time unless stored within a totally enclosed structure.
H.
In all districts, any home occupation requiring the construction
of an accessory building after the effective date of this chapter
shall be permitted by special exception and be subject to the provisions
provided herein.
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
The business may not use any equipment or process which creates noise,
vibration, glare, fumes, odors or electrical interference, including
interference with radio or television reception, which is detectable
in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activities.
A.
Hospitals shall be registered and licensed by the Commonwealth of
Pennsylvania and shall be in compliance with all applicable rules
and regulations of such licensing bodies.
B.
Lot area: five-acre minimum.
C.
Access shall be via a collector street as designated in the Township's
Comprehensive Plan.
A.
Buffers and screens shall be provided in accordance with § 470-39 to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Any associated residential use shall be located on a separate lot
meeting all applicable dimensional criteria of the district in which
located. The residential use shall be subject to all applicable regulations
of this chapter.
C.
Any associated administrative office, educational or day-care uses
shall be accessory and located on the same lot as the house of worship.
A.
Access shall be via a collector street as designated by the Township's
Comprehensive Plan.
B.
Buffers. When adjacent to the Village District or residential property, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.
C.
Documentation shall be presented to the Township that the handling
and disposal of residual or hazardous wastes shall be in accordance
with standards and regulations established by the Commonwealth of
Pennsylvania, in Chapters 260 through 285 of Title 25 of the Pennsylvania
Code, and by the U.S. Environmental Protection Agency, in 40 CFR Chapter
I.
D.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
A.
Lot area: five-acre minimum.
B.
Permitted uses. Uses such as those listed as industrial activities and professional and business offices in § 470-6, and contractor's offices shall be permitted.
C.
Access. Primary access shall be via a collector street as designated
in the Township's Comprehensive Plan. Truck traffic going to and from
the industrial park shall be permitted only on nonresidential streets.
D.
Buffers. When adjacent to the Village District or residential property, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
G.
All uses within the park must comply with all applicable federal,
state and local regulations.
This use is subject to the requirements set forth in the adopted
Lower Windsor Township Junkyard Ordinance, Ordinance No. 2010-01,
or most recently amended.[1]
A.
All kennels shall be licensed by the Commonwealth of Pennsylvania
and shall be constructed and maintained in accordance with the Pennsylvania
"Dog Law," P.L. 784, No. 225, Dec. 7, 1982, as amended.[1] The applicant shall provide proof of license at time of
application.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
B.
Lot area: two acres.
C.
All animal boarding buildings that are not completely enclosed and
any outdoor animal pens, stalls or runways shall be located within
the rear yard and shall be a minimum of 100 feet from all property
lines.
D.
All animals must be housed within a structure except while exercising.
E.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of animals; all such enclosures shall be set back at least
10 feet from all property lines.
F.
Documented evidence must be presented to the Township indicating
that disposal of animal waste will be provided in a manner that will
not create a public health hazard or nuisance.
A.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
B.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
C.
All exterior marine vehicle storage areas shall be screened from
view of any adjoining residential use.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
C.
Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic, may
be permitted as part of the clinic facility, subject to the following
specific conditions:
(1)
All entrances to parts of the building in which these accessory
services are provided shall be from within the building and any direct
access from the street is prohibited.
(2)
The hours during which these services are provided shall be
the same as those during the regular operation hours of the principal
clinic.
D.
Necessary permits regarding water supply and sanitary waste disposal
shall be provided.
A.
Operational requirements.
(1)
General.
(a)
May not substantially injure or detract from the lawful existing
or permitted use of neighboring properties.
(b)
May not adversely affect any public or private water supply
source.
(c)
May not adversely affect the logical, efficient, and economical
extension of public services, facilities and utilities throughout
the Township.
(d)
May not create any significant damage to the health, safety
or welfare of the Township and its residents and property owners.
(e)
May not result in the land area subject to quarrying being placed
in a condition which will prevent the use of that land for economically
and ecologically productive uses upon completion of the operation.
(f)
Must comply with all current applicable federal, state and local
regulations.
(2)
Fencing. A substantial fence or earthen barrier measuring at
least six feet in height must surround the area of actual quarrying
to prevent unauthorized persons from entering the area to their potential
endangerment.
(3)
Screens. Where adjacent to a residential use or Village District
or a public street right-of-way or where a mineral extraction or recovery
operation will substantially impair the beauty and character of the
surrounding countryside, trees and shrubs must be planted, or attractive
earth barriers erected to screen the operation, as far as practical,
from normal view.
(4)
Access. Truck access to any mineral extraction or recovery operation
shall be via a collector street as designed by the Township's Comprehensive
Plan, and arranged as to minimize danger to traffic and nuisance to
neighboring properties.
(5)
Setbacks From residential uses or Village District: Where the
lot or parcel of land which is the site of mineral extraction or recovery
operations is adjacent to a residential use or Village District:
(a)
No stockpiles, waste piles or processing equipment may be closer
than 1,000 feet to the residential use or Village District.
(b)
No part of the mineral extraction or recovery pit, private access
road, truck parking area, scales or operational equipment may be closer
than 500 feet to the residential use or Village District.
(6)
Setbacks from public streets. No part of a mineral extraction
or recovery pit, stockpiles, waste piles, processing equipment, scales,
operational equipment or truck parking area may be closer than 100
feet to a public street right-of-way line.
B.
Rehabilitation requirements for mineral extraction or recovery operations.
(1)
Rehabilitation required. Within two years after the termination
of mineral extraction or recovery operations, the area of actual quarrying
operations must be rehabilitated to a condition of reasonable physical
attractiveness and, as practical, restored.
(2)
Rehabilitation standards. In rehabilitating the area of actual
mineral extraction or recovery operations, the owner or operator must
comply with the following standards:
(a)
Slope. The slope of earth material in any excavated pit must
not exceed the angle of slippage.
(b)
Topsoil and ground cover. Where filling of the pit is desirable
and economically feasible, the fill must be a kind and depth to sustain
grass, plants or trees and such must be planted.
(c)
Drainage. To prevent any silt, erosional debris, or other loose
material from filling any existing drainagecourse or encroaching on
state or Township roads or private property, all surface drainage
existing or developing by or through the top-soil site must be controlled
by dikes, barriers, or drainage structures. All measures to control
natural drainage or floodwater must meet with the approval of the
Zoning Hearing Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Removal of mineral extraction or recovery structures and equipment.
Within two years after termination of operations, all structures and
equipment must be removed, except where the structures and equipment
is still used for processing earth material for other properties.
If substantially covered, foundations and piers may be left in the
ground.
C.
Application, operation, and rehabilitation information for mineral
extraction or recovery operations. In order to keep the Zoning Officer
abreast of impending termination of mineral extraction or recovery
operations and plans for rehabilitation as well as operational activities
which he has a duty to check, each mineral extraction or recovery
operation owner or operator must submit to the Zoning Officer, annually
in the month of October, the information following:
(1)
Ownership and acreage of the land which is the site of mineral
extraction or recovery operations, including all land held under contract
or lease;
(2)
Type of earth resources extracted or recovered;
(3)
Present depth of excavations;
(4)
The probable effect of blasting and other excavation methods
upon existing and permitted uses in the area surrounding the mineral
extraction or recovery site;
(5)
Map, at a scale of one inch equal 100 feet, or such other scale
acceptable to the Township, showing:
(a)
All land owned or under operation contract or lease;
(b)
Lot or land from which minerals will be extracted or recovered;
(c)
As practical, contours at twenty-foot intervals extending beyond
the site to the nearest public street or highway;
(d)
Private access roads and abutting streets and highways;
(e)
Location of all structures;
(f)
Location of stockpiles and waste piles;
(g)
Title, scale, North point, and date; and
(h)
Fencing and screen planting;
(6)
The proposed reuse of the land to be quarried;
(7)
Plantings or other planned special features of rehabilitation;
(8)
The proposed methods by which rehabilitation is to be accomplished;
and
(9)
A listing of those roads contained within the Township that
are to be used by hauling trucks from the mineral extraction or recovery
operation.
A.
There may be one caretaker/watchman dwelling unit constructed in
conjunction with this use, which, except in the Industrial District,
requires the use of one development right.
B.
Parking for the individual storage units shall be provided by parking/driving
lanes adjacent to the buildings. These lanes shall be at least 20
feet wide where access to storage units is only on one side of the
aisle and at least 24 feet wide where access to storage units is on
both sides of the aisle.
C.
If a manager/business office is established on the site, at least
four parking spaces must be provided adjacent to the office.
D.
The servicing or repair of stored equipment shall not be conducted
on the premises. Also no business activities shall be conducted within
the storage units.
E.
The storage of flammable liquids, highly combustible or explosive
materials or hazardous chemicals is prohibited.
F.
If a parking area is to be provided for the outdoor storage of recreational
vehicles, such parking shall be in addition to any required parking.
G.
All outdoor lights shall be shielded to direct light onto the uses established and away from adjacent property in accordance with § 470-41 of this chapter.
H.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
I.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
B.
The Zoning Hearing Board may require screen planting, or may further
restrict the proximity of mobile homes or other improvement to adjoining
properties, or may attach such other conditions or safeguards to the
use of land for a mobile home park as the Board may deem necessary
to protect the general welfare.
C.
A mobile home park and extension thereof shall also comply with all
applicable state and/or local regulations.
A.
The lot shall be improved with a building containing an office, display
room and appurtenant facilities having an area of not less than 1,000
square feet.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
Residential dwelling conversions shall require the use of one development
right per additional unit.
B.
Where an existing dwelling is converted to a multifamily dwelling,
the residential character of the existing structure shall be maintained
except for the addition of a fire escape if necessary.
C.
Parking, minimum habitable floor area and all other applicable requirements
of this chapter shall be met.
D.
The structure shall comply with all state and local applicable rules
and regulations including, but not limited to, fire, health, safety
and building codes.
A.
Such use shall be accessory and clearly incidental to the primary
use of the property for residential purposes. Livestock, small animals
or poultry shall be kept for pleasure or to provide food for the residents
of the premises where the livestock are kept.
B.
Except in the AG District, minimum lot area: five acre.
C.
In no event shall the number of livestock, kept on any lot, exceed
20.
D.
All poultry, livestock and small animals shall, except while pasturing,
grazing, feeding or exercising, be housed in a building erected and
maintained for that purpose. Such buildings shall only be located
in the rear yard; shall be set back at least 50 feet from any property
line and shall be no closer than 100 feet to any existing residence
on adjacent land.
E.
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals or poultry. All such enclosures shall be
set back at least 10 feet from any property line.
F.
Documentation indicating the methods and schedule of storage and
disposal of all livestock, small animal and poultry wastes so as not
to be objectionable at the site's property line or create a public
health hazard or nuisance shall be presented to the Township.
G.
Except in the AG District, no new agricultural buildings, shall be
constructed which by their size and nature, will inhibit future residential,
commercial or industrial uses.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
A.
The applicant shall present documentation to the Township demonstrating
how the use will utilize industry approved safety techniques with
regards to adjacent properties.
B.
The applicant shall provide the Township with evidence demonstrating
noise created by the use will not negatively impact the adjacent properties.
C.
Adjacent areas must be predominantly undeveloped and the range area
must be at least 200 feet from any property or street right-of-way
line. The use must also be located at least 1,000 feet from any existing
residential use, Village or Residential District.
D.
An earthen background berm must be provided within 20 feet of the
farthest target post to prevent wild or ricocheting bullets or wild
or stray arrows. Such berm shall have a slope of not less than one
vertical to two horizontal and must extend at least eight feet above
the ground level of the highest target. The crest of the berm at the
eight-foot minimum height limit shall be at least four feet in width
as measured between the wall of the berm facing the range and the
opposite wall.
E.
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in Subsection D above.
F.
Only targets mounted on target posts shall be permitted. No targets
of any kind shall be set directly on the ground.
G.
Warning signs must be posted at no more than 50 feet intervals at
least 10 feet from the outside of the berms.
H.
The firing range shall be free of gravel and other hard surface materials and be drained in accordance with § 470-40 of this chapter and all applicable Township stormwater and drainage standards.
I.
Adult supervision must be provided for children less than 16 years
of age.
J.
Hours of operation shall be limited to between the hours of 7:00
a.m. and 9:00 p.m.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by a traffic impact study pursuant to § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
B.
Where applicable, the Zoning Hearing Board shall decide the appropriateness
of the design of parking, lighting, and similar features of the proposed
use to minimize adverse impacts on adjacent properties.
C.
Existing trees and vegetation shall be preserved, to the extent possible,
to keep the area natural. All trees proposed to be removed with a
diameter of greater than six inches measured at 4 1/2 feet from
ground level shall be replaced on site with trees having a minimum
diameter of two inches measured at 4 1/2 feet from ground level.
A.
Paved areas shall be no closer than 10 feet from any property line,
lot line or street line, except for entrances or exit drives.
B.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces. In addition, all surface parking lots shall provide a solid landscape screen, earthen berm or wall no less than three feet in height along its perimeter adjacent to residential properties.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
Outdoor storage of materials, vehicles and related equipment
shall be prohibited in the Residential District. Outdoor storage in
other districts shall be completely enclosed with a six-foot-high
fence and screened from adjoining streets and property lines.
A.
In the R and WR Districts the storage of vehicles or equipment used
in the maintenance of a utility shall not be permitted. In all other
districts, all outdoor storage shall be enclosed with a fence or wall
not less than six feet in height. If adjacent to a residential use
or district, such fence or wall must be surrounded by evergreen plantings.
B.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
C.
In the R, V and WR Districts, the external design of the building
(to the extent possible) shall be in conformity with the buildings
in the surrounding area.
D.
There shall be no specific minimum lot size or lot width, however,
each lot shall provide front, side and rear yard setbacks in accordance
with the district in which located.
E.
This section shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation,
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public. It shall be the responsibility
of the Pennsylvania Public Utility Commission to ensure that both
the corporation and the Township have notice of the hearing and are
granted an opportunity to appear, present witnesses, cross-examine
witnesses presented by the other parties, and otherwise exercise the
rights of a party to the proceedings.
A.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant§ 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
B.
Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.
C.
Accessory buildings, when such are required for the function of the
principal use(s), are permitted provided that all such accessory buildings
comply with all setbacks, and screening as are required for principal
buildings.
D.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
A.
Lot area: five-acre minimum.
B.
Permitted uses. Uses such as those listed as a "research and development laboratory" in § 470-6 shall be permitted.
C.
Access. Primary access shall be via a collector street as designated
in the Township's Comprehensive Plan.
D.
Buffers. When adjacent to the Village or Residential District or residential use, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.
F.
Warehousing or storage of products for distribution shall be permitted
only if such is an accessory use and involves products created or
used in relation to the principal use or products used in research,
testing, design, technical training or experimental product development.
Warehousing, storage and distribution activities shall not be permitted
as principal uses.
G.
No temporary structures or trailers will be permitted except during
construction of the facility.
H.
Truck loading and unloading areas shall be screened from the main roads servicing the facility in accordance with § 470-39 of this chapter.
I.
Outdoor storage of goods or materials shall be prohibited.
J.
Accessory buildings, when such are required for the function of the
principal use(s), are permitted provided that all such accessory buildings
comply with all setbacks, and screening as are required for principal
buildings.
K.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
L.
All uses within the park must comply with all applicable federal,
state and local regulations.
A.
Retail store or shop is permitted by right to a maximum building
ground square footage of 20,000 square feet in the Village, Waterfront
Recreation, and Industrial Districts and by special exception granted
by the Zoning Hearing Board for structures in excess of 20,000 square
feet of building gross square feet in the Industrial District.
B.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to adequately protect neighboring properties. This shall include, but is not limited to, fences, walls, planting, and open spaces.
C.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
All animals, except while exercising or pasturing, shall be confined
to a building erected for that purpose.
B.
All stalls shall be maintained so as to minimize odors.
C.
All outdoor training or show facilities or areas shall be set back
at least 50 feet from all property lines.
D.
All outdoor training, show, riding, boarding or pasture areas shall
be enclosed by a minimum four-foot-high fence which shall be located
at least 10 feet from all property lines.
E.
All animal wastes shall be properly stored and disposed of in a manner
that will not create a public health hazard or nuisance.
A.
No saw or other machinery shall be less than 75 feet from any property
or street right-of-way line.
B.
All power saws and machinery shall be secured against tampering and
locked when not in use.
C.
All machinery used in the sawmill operation shall be located at least
500 feet from any Residential or Village District or residential use.
D.
Buffers. When adjacent to the Village District, a buffer yard of not less than 75 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.
E.
No sawmill shall operate between the hours of 10:00 p.m. and 6:00
a.m., including shipping and receiving raw and finished materials.
F.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, a high volume of vehicular traffic then access should shall be via a collector street as designated in the Township's Comprehensive Plan.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
A.
Access must be via a collector street as designated in the Township's
Comprehensive Plan.
A.
Any processing of solid waste including, but not limited to, incineration,
composting, shredding, compaction, material separation, recycling,
refuse derived fuel and pyrolysis shall be conducted within a wholly
enclosed building.
B.
No solid waste shall be deposited or stored and no building or structure
shall be located within 200 feet of any property line or within 500
feet of any residential use or land within Village District.
C.
A buffer yard, at least 75 feet wide, shall be located along all
property lines. No structures, storage, parking or any other related
activity or operation shall be permitted within this area. The buffer
shall be naturally landscaped and have no impervious cover.
D.
Any area used for the unloading, transfer, storage, processing, incineration
or deposition of solid waste must be completely screened from ground
level view at the property line. (The use of an earthen berm is encouraged
where practicable.) In addition, such areas must also be completely
enclosed by an eight-foot-high fence, with no openings greater than
two inches in any direction.
E.
All uses shall provide stacking lanes no less than 500 feet in length
into the facility, so that vehicles waiting to be weighed will not
backup onto public roads.
F.
Access to the site shall be limited to those posted times when an
attendant is on duty. In order to protect against indiscriminate and
unauthorized dumping, all areas of the site shall be protected by
locked barricades, fences at gates or other positive means designed
to deny access to the area at unauthorized times or locations.
G.
Hazardous waste as described by the PA DEP shall not be disposed
of within the proposed facility.
H.
The unloading, processing, transfer and deposition of solid waste
shall be continuously supervised by a qualified facility operator.
I.
Any waste that cannot be used in any disposal process, or material
that is to be recycled, shall be stored in leak and vector proof containers.
Such containers shall be designed to prevent their being carried by
wind or water.
J.
All storage of solid waste for incinerators as defined in § 470-6 of this chapter shall be indoors in a manner that is leak and vector proof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours.
K.
A contingency plan for the disposal of solid waste during a facility
shutdown shall be submitted to the Township.
L.
The applicant shall submit an analysis of raw water needs (groundwater
or surface water) from either private or public sources indicating
quantity of water required. If the source is from a municipal system,
the applicant shall submit documentation that the public authority
will supply the water needed.
(1)
In addition, a water feasibility study must be provided to enable
the Township to evaluate the impact of the proposed development on
the groundwater supply and on existing wells. The purpose of the study
will be to determine if there is an adequate supply of water for the
proposed development and to estimate the impact of the new development
on existing wells in the vicinity. The water feasibility study shall
be reviewed by the Township Engineer.
(2)
A water system which does not provide an adequate supply of
water for the proposed development, considering both quantity and
quality, or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed development shall not be approved
by the Township.
(3)
A water feasibility study shall include at a minimum the following information in addition to the provisions set forth in § 410-20 of Chapter 410, Subdivision and Land Development:
(a)
Calculations of the projected water needs;
(b)
a geologic map of the area with a radius of at least one mile
from the site;
(c)
The location of all existing and proposed wells within 1,000
feet of the site, with notation of the capacity of all high-yield
wells;
(d)
The location of all existing on-lot sewage disposal systems
within one 1,000 feet of the site;
(e)
The location of all streams within 1,000 feet of the site and
all known point sources of pollution;
(f)
Based on the geologic formation(s) underlying the site the long-term
safe yield shall be determined;
(g)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams
and the groundwater table; and
(h)
A statement of the qualifications and the signature(s) of the
person(s) preparing the study.
M.
The applicant shall provide an analysis of the physical conditions
of the primary road system serving the proposed use. The analysis
shall include information on current traffic flows on this road system,
and projections of traffic generated by the proposed use. Improvements
to the road shall be provided by the applicant to insure safe turning
movements to and from the site and safe through movement on the existing
road; and
N.
No use certificate shall be issued for a solid waste disposal and/or
processing facility or resource recovery facility until the operator
shall have submitted to the Zoning Officer proof that the facility
complies with the regulations of the PA DEP and has been permitted
in writing by said agency.
A.
All live animals held outside shall be within secure holding pens
or runways.
B.
All storage, handling and disposal of animal wastes shall comply
with provisions set forth by the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Buffers. When adjacent to any residential lot or district, a buffer yard of not less than 150 feet shall be maintained on each side adjoining a residential use. The buffer yard shall be naturally landscaped, have no impervious cover, and shall not be used for buildings, parking or loading. Otherwise, buffers and screens shall be provided in accordance with § 470-39 of this chapter.
D.
Vehicle loading and unloading is prohibited between 11:00 p.m. and
6:00 a.m.
A.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to adequately protect neighboring residential properties from any adverse effects of the use or vehicular traffic. This includes, but is not limited to, fences, walls, plantings and open spaces. In addition, all parking areas adjacent residential properties will provide a solid landscape screen, earthen berm or wall no less than three feet in height along its perimeter.
B.
The use shall not constitute a public or private nuisance.
C.
The use must be more than 300 feet from any church, hospital, charitable
organization, school or public playground.
D.
The use must be more than 200 feet from any other facility licensed
by the Pennsylvania Liquor Control Board.
E.
The use shall meet all applicable state and local regulations.
A.
Access shall be via a collector street as designated by the Township's
Comprehensive Plan.
B.
A buffer yard at least 150 feet wide must be located on the terminal
site in all situations where the site adjoins the Village or Residential
District or a residential use. The buffer yard shall be naturally
landscaped, have no impervious cover and shall not be used for parking,
building, loading or storage purposes.
C.
Storage of materials shall conform to all applicable state and federal
regulations.
D.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
A.
Residential dwelling conversions shall require the use of one development
right per additional unit.
B.
Where an existing dwelling is converted to a two-family dwelling,
the character of the existing structure shall be maintained except
for the addition of a fire escape if necessary.
C.
Parking, minimum habitable floor area and all other applicable requirements
of this chapter shall be met.
D.
The structure shall comply with all state and local applicable rules
and regulations including, but not limited to, fire, health, safety
and building codes.
A.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
B.
In accordance with § 470-39 of this chapter, all exterior vehicle storage areas shall be screened from view of any adjoining the Village or Residential District or residential use.
C.
The storage of unlicensed vehicles on the premises is prohibited,
except for new or used vehicles that are "for sale" or are considered
"rental."
D.
All merchandise, except vending machines, shall be stored within
a building.
E.
If gasoline pumps are to be installed, all requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied. Retail sale of gasoline is prohibited.
F.
The outdoor stockpiling of tires is permitted only in an area enclosed
by a wall or fence, screened from view of adjoining properties, shall
be provided whenever outdoor storage is required. No materials may
be stored so as to create a fire hazard.
A.
All service and/or repair activities shall be conducted within a
wholly enclosed building.
B.
All exterior vehicle storage areas shall be screened from view of any adjoining residential district or use in accordance with § 470-39 of this chapter.
C.
If gasoline pumps are to be installed, all special exception requirements for a vehicle fueling station set forth in § 470-74 of this article shall be satisfied.
D.
All vehicles shall be repaired and removed from the premises within
a six-week period.
E.
The outdoor stockpiling of tires is permitted only in an area enclosed
by a wall or fence, screened from view of adjoining properties, shall
be provided whenever outdoor storage is required. No materials may
be stored so as to create a fire hazard.
F.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
A.
Trash receptacles must be provided and routinely emptied to prevent
the scattering of litter.
B.
Consideration shall be given to traffic problems. If the nature of the use is such that it will generate 250 or more average daily traffic as determined by the required traffic impact study pursuant § 410-23 of Chapter 410, Subdivision and Land Development, access shall be via a collector street as designated in the Township's Comprehensive Plan.
C.
Stacking lanes that accommodate a minimum of three vehicles per washing
bay shall be provided to prevent vehicle backup on adjoining roads.
A.
Access shall be via a collector street as identified by the Township's
Comprehensive Plan.
B.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open space.
C.
Vehicle loading and unloading is prohibited between 11:00 p.m. and
6:00 a.m.
D.
No outdoor storage of commodities is permitted.
A.
Access shall be via a collector street as identified by the Township's
Comprehensive Plan.
B.
Buffers and screens shall be provided in accordance with § 470-39 of this chapter to protect neighboring residential properties. This includes, but is not limited to, fences, walls, plantings and open space.
C.
Vehicle loading and unloading is prohibited between 11:00 p.m. and
6:00 a.m.
D.
No outdoor storage of commodities is permitted.
A.
Access shall be via a collector street as designated by the Township's
Comprehensive Plan.
B.
A buffer yard, at least 75 feet wide, must be located on the terminal
site in all situations where the site adjoins the Village or Residential
District or residential use. This yard shall be naturally landscaped,
have no impervious cover, and shall not be used for parking, building,
loading or storage purposes.
C.
The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance or any other objectionable impact beyond the
property lines.
D.
Vehicle loading and unloading is prohibited between 11:00 p.m. and
6:00 a.m.
A.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a wireless communications tower
and/or wireless communications antennas.
B.
The applicant shall demonstrate that the proposed wireless communications
tower and/or antenna comply with all applicable standards established
by the Federal Communications Commission, Federal Aviation Administration
and Commonwealth Bureau of Aviation regulations.
C.
Any applicant proposing the construction of a new wireless communications
tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the wireless communications antenna on
an existing building, structure, or other wireless communications
tower. Written documentation of such good faith effort shall be provided
with the special exception application. A good faith effort shall
require that all owners of potentially suitable structures within
a one-mile radius of the proposed wireless communications tower site
be contacted and that one or more of the following reasons for not
selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and that reinforcement
cannot be accomplished.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure, and that the interference cannot be accomplished.
(3)
The existing structures are not of adequate location, space,
access, or height to accommodate the proposed antennas and equipment
or to allow the antennas and equipment to perform their intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
D.
The following standards shall apply to wireless communications antennas
co-located on an existing building, structure, wireless communications
tower or Public Utility transmission tower.
(1)
No wireless communications antenna shall be located on any single-family
detached dwelling.
(2)
Evidence shall be submitted from a Pennsylvania registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antenna location.
(3)
Detailed construction and elevation drawings shall be submitted.
(4)
Copies of all installation and maintenance agreements and/or
easements necessary to provide access to the building or structure
on which the antennas are to be mounted shall be provide to the Township.
(5)
All wireless communications antennas shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation.
(6)
Wireless communications antennas shall not cause radio frequency
interference with other communications facilities located in Lower
Windsor Township.
E.
Access to the wireless communications tower and wireless communications
equipment building shall be provided by means of a public street or
easement to a public street.
F.
A Wireless communications tower may be located on a lot occupied
by other principal structures, and may occupy a leased parcel within
a lot meeting the minimum lot size requirements for the applicable
zoning district.
G.
The applicant shall demonstrate that the proposed height of the wireless
communications tower is the minimum height necessary to perform its
function; provided, however, that the maximum height of any wireless
communications tower shall be 150 feet.
H.
The applicant shall submit certification from a Pennsylvania registered
professional engineer that a proposed wireless communications tower
will be designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association, and applicable requirements of the Lower Windsor
Township Building Code,[1] if any.
I.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address, and emergency telephone number
for the operator of the Wireless Communications Tower; and a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the wireless
communications tower and wireless communications antennas.
J.
The applicant shall sign a tower removal agreement, with language
satisfactory to the Lower Windsor Township Solicitor, providing that
if a wireless communications tower remains unused for a period of
12 consecutive months, the owner or operator shall dismantle and remove
the wireless communications tower within six months of the expiration
of such twelve-month period. The agreement shall include a tower removal
bond of sufficient amount, as determined by the Township Engineer,
to enable the removal of the tower by the Township should the applicant
fail to meet the provisions of the tower removal agreement.
K.
The applicant shall demonstrate that the proposed tower will not
negatively affect surrounding areas as a result of support structure
failure, falling ice or other debris, or radio frequency interference.
All towers shall be fitted with anti-climbing devices, as approved
by the manufacturers.
A.
Alternative energy systems include geothermal heat pumps, outdoor
hydronic heaters, solar and wind energy systems, and anaerobic digesters.
B.
All alternative energy systems, as accessory uses or structures,
or as principal uses permitted by special exception, shall be built
and operated in accordance with the following:
(1)
Geothermal systems shall be permitted in all districts subject
to the following regulations:
(a)
The design and installation of geothermal systems and related
boreholes for geothermal heat pump systems shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI), the International Ground Source Heat Pump Association
(IGSHPA), the American Society for Testing and Materials (ASTM), the
Air-Conditioning and Refrigeration Institute (ARI), or other similar
certifying organizations, and shall comply with the Township Building
Code[1] and with all other applicable Township requirements. The
manufacturer specifications shall be submitted as part of the application.
(c)
Aboveground equipment associated with geothermal pumps shall
not be installed in the front yard of any lot.
(d)
For closed loop systems, the following shall apply:
[1]
For all closed loop geothermal systems relying upon circulating
fluids, only nontoxic, biodegradable circulating fluids such as food
grade propylene glycol shall be permitted.
[2]
All horizontal closed loop systems shall be no more than 20
feet deep.
[3]
The top 50 feet of all closed vertical loop geothermal energy
system bore holes shall be grout sealed in accordance with IGSHPA
standards.
(e)
For open horizontal loop systems, the following shall apply:
[1]
Water extraction.
[a]
Open loop systems may utilize a watercourse to
the extent permissible under federal, state, or local municipal laws
or regulations.
[b]
All open loop systems which extract water from
groundwater sources shall comply with extraction limitations set for
potable water wells under federal, state, or local municipal laws
or regulations. Installation requirements for extraction wells shall
be the same as those for potable water wells, with respect to those
regulations designed to prevent aquifer contamination (grouting, etc.),
or in conformance with IGSHPA standards, as determined by the Township
Engineer.
[2]
Discharge of water.
[a]
Discharge of water from open loop systems into
sanitary sewer systems shall be prohibited, except upon approval by
the sanitary sewage system provider.
[b]
Discharge of water from open loop systems into
storm sewers shall not be permitted.
[c]
Discharge of water from open loop systems into
a watercourse shall require certification by a licensed professional
engineer registered by the Commonwealth of Pennsylvania that the design
of the watercourse is such that the watercourse can be expected to
retain its capacity to meet the needs of the geothermal system over
the lifetime of the system and of any other water discharges for which
it is used.
[d]
Discharge of water from open loop systems into
a watercourse shall comply with all federal, state, or local municipal
laws or regulations.
[e]
Underground injection of water discharge from an
open loop system shall be subject to the following conditions:
[i]
Returned water shall contain no treatment additives
or other introduced chemicals.
[ii]
The return well shall be located a minimum distance
of 200 feet from wells on adjacent properties.
[iii]
The return well shall be located a minimum distance
of 100 feet from the on-site well.
[iv]
The return well shall recharge the groundwater
from which supply water is extracted.
[v]
Because such return wells are included as "Class
V Underground Injection Wells," the applicant shall submit an "Inventory
of injection Wells" form, available from the U.S. Environmental Protection
Agency and shall comply with all federal, state, or local municipal
laws or regulations.
(2)
Outdoor hydronic heaters. Outdoor hydronic heaters shall be
permitted as accessory uses and accessory structures in the Agricultural
District and shall be subject to the following regulations:
(a)
The design and installation of outdoor hydronic heaters shall
conform to applicable industry standards, including those of the U.S.
Environmental Protection Agency (EPA), American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society
for Testing and Materials (ASTM, or other similar certifying organizations,
and shall comply with the Township Building Code[2] and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
(b)
All outdoor hydronic heaters shall be located a minimum distance
of 150 feet from any property line, street right-of-way, or any inhabited
dwelling not located on the lot on which the outdoor hydronic heater
is proposed.
(c)
All outdoor hydronic heaters shall have a permanent attached
stack. The minimum height of all stacks shall be 10 feet above the
ground that also extends at least two feet above the highest peak
of any residence located less than 150 feet from the outdoor wood-fired
boiler and otherwise installed according to the manufacturer's specifications.
(d)
The owner of the outdoor hydronic heater shall provide evidence
indicating that the maintenance and operation of the outdoor hydronic
heater is in compliance with all emissions of air quality standards
promulgated by the U.S. Environmental Protection Agency (EPA), PA
DEP, or other relevant state or federal agency including emissions
of dust and particulates.
(3)
Solar energy systems.
(a)
Accessory solar energy systems shall be permitted in all districts
subject to the following regulations:
[1]
A system is considered an accessory solar energy system only
if it supplies electrical or thermal power primarily for on-site use,
except that when a property upon which the facility is installed also
receives electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner of the accessory solar energy system
shall provide written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
[2]
The design and installation of accessory solar energy system
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM), or other
similar certifying organizations, and shall comply with the Township
Building Code[3] and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
[3]
Whenever practical, all accessory solar energy systems shall
be attached to a building, or located on an impervious surface. If
not designed to be attached to the building, the applicant shall demonstrate
by credible evidence that such systems cannot feasibly be attached
to a building due to structural limitations of the building.
[4]
All accessory solar energy systems shall be designed and located
in order to prevent reflective glare toward any inhabited structure
on adjacent properties as well as adjacent street rights-of-way.
[5]
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
[6]
No part of any accessory solar energy system shall be located
within or above any front yard, along any street frontage, nor within
any required setback of any property.
[7]
Accessory solar energy systems mounted on the roof of any building
shall be subject to the maximum height regulations specified within
the underlying zone.
[8]
Accessory solar energy systems which are ground mounted or freestanding
detached from the principal or accessory structure shall not exceed
15 feet in height.
(b)
Principal solar energy systems shall be subject to the following
regulations:
[1]
The layout, design, and installation of principal solar energy
systems shall conform to applicable industry standards, including
those of the American National Standards Institute (ANSI), Underwriters
Laboratories, the American Society for Testing and Materials (ASTM),
or other similar certifying organizations, and shall comply with the
Township Building Code[4] and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
[2]
Whenever practical, all principal solar energy systems in the
A zone shall be attached to a building; or if ground mounted and/or
freestanding, the applicant shall demonstrate by credible evidence
that:
[a]
The area proposed for the principal solar energy
systems does not predominantly consist of Class I, II and/or III soils,
as identified in the soil survey, and is generally unsuitable for
agricultural purposes; and
[b]
Such facilities cannot feasibly be attached to
a building due to structural limitations of the building.
[3]
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
[4]
All principal solar energy systems shall be designed and located
in order to prevent reflective glare toward any inhabited buildings
on adjacent properties as well as adjacent street rights-of-way.
[5]
Principal solar energy production facilities mounted on the
roof of any building shall be subject to the maximum height regulations
specified within each the underlying zone.
[6]
All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with screening and buffering requirements in § 470-39 of this chapter.
[7]
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
[8]
The applicant shall submit a plan for the removal of the principal
solar energy systems when it becomes functionally obsolete or is no
longer in use. The principal solar energy system owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The owner shall be responsible for the removal of the
facility within six months from the date the applicant ceases use
of the facility or the facility becomes obsolete. At the time of issuance
of the permit for the construction of the principal solar energy system,
the owner shall provide financial security in form and amount acceptable
to the Township to secure the expense of dismantling and removing
said structures.
(4)
Wind energy systems.
(a)
Accessory wind energy systems shall be permitted as accessory
uses and accessory structures in all districts subject to the following
regulations:
[1]
A system is considered an accessory wind energy system only
if it supplies electrical power primarily for on-site use, except
that when a parcel on which the system is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner of the accessory wind energy system
shall provide written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator, and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
[2]
The design and installation of all accessory wind energy systems
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, and shall comply with the Township Building Code[5] and with all other applicable Township requirements. The
manufacturer specifications shall be submitted as part of the application.
[3]
No more than one accessory wind energy system shall be permitted
per property.
[4]
All on-site utility and transmission lines shall be placed underground.
[5]
No part of any accessory wind energy system shall be located
within or above any front yard, along any street frontage, nor within
any required setback of any property.
[6]
All accessory wind energy systems shall be located a minimum
distance of 1.1 times the turbine height from any inhabited structure
not located on the lot on which the accessory wind energy system is
proposed, property line, street right-of-way, or overhead utility
line.
[7]
No portion of any accessory wind energy system shall extend
over parking areas, access drives, driveways or sidewalks.
[8]
The maximum height of any accessory wind energy system shall
be 100 feet. The minimum height of the lowest position of the wind
turbine shall be 15 feet above the ground.
[9]
Accessory wind energy systems shall not display advertising,
except for reasonable identification of the accessory wind energy
system's manufacturer. Such sign shall have an area of less than four
square feet.
[10]
When an accessory building is necessary for storage
cells or related mechanical equipment, the accessory building shall
not have a floor area exceeding 200 square feet, and shall comply
with the accessory building requirements specified within the underlying
district.
[11]
Accessory buildings shall not be located within
any front yard or along any street frontage, nor within any required
setback of any property.
[12]
The applicant shall submit a plan for the removal
of the accessory wind energy system when it becomes functionally obsolete
or is no longer in use. The owner shall be responsible for the removal
of the system within six months from the date the applicant ceases
use of the system or the system becomes obsolete. It shall be presumed
that the wind turbine is obsolete or is no longer in use if no electricity
is generated for a continuous period of six months.
(b)
Principal alternative energy facilities. Principal wind energy
systems shall be subject to the following regulations:
[1]
The layout, design, and installation of principal wind energy
systems shall conform to applicable industry standards, including
those of the American National Standards Institute (ANSI), Underwriters
Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies,
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Township Building
Code[6] and with all other applicable Township requirements. The
manufacturer specifications shall be submitted as part of the application.
[2]
Principal wind energy systems shall not generate noise which
exceeds 55 decibels nor 10 decibels above ambient noise in any one
hour, whichever is higher. Noise is measured from the property line
of the closest neighboring inhabited structure or nearest habitable
structure setback on abutting property. The ambient sound measurement,
known as "A-weighted sound level" is taken where the noise from the
wind turbine cannot be heard, or with the wind turbine shut down.
The ambient sound level shall be considered the level that is exceeded
90% of the time when the noise measurements are taken. The fifty-five
decibel or ten-decibel level may be exceeded during short-term events
such as utility outages and/or severe windstorms.
[3]
All on-site utility and transmission lines shall be placed underground.
[4]
All principal wind energy systems shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Manual
regulation by wind energy system personnel shall not be considered
a sufficient braking system for overspeed protection.
[5]
Principal wind energy systems shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
(FAA).
[6]
Wind turbines and towers shall not display advertising, except
for reasonable identification of the principal wind system's manufacturer.
Such sign shall have an area of less than four square feet.
[7]
Wind turbines and towers shall be a nonobtrusive color such
as white, off-white or gray.
[8]
All principal wind energy systems shall, to the extent feasible,
be sited to prevent shadow flicker on any occupied building on adjacent
property.
[9]
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
[10]
All access doors to wind turbines and electrical
equipment shall be locked or fenced, as appropriate, to prevent entry
by nonauthorized persons.
[11]
No portion of any principal wind energy system
shall extend over parking areas, access drives, driveways or sidewalks.
[12]
All principal wind energy systems shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
[13]
The minimum height of the lowest position of the
wind turbine shall be 30 feet above the ground.
[14]
All mechanical equipment of principal wind energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, and provided with screening in accordance with screening and buffering requirements in § 470-39 of this chapter, and the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
[15]
The applicant shall submit a plan for the removal
of the principal wind energy system when it becomes functionally obsolete
or is no longer in use. The principal wind energy system owner is
required to notify the Township immediately upon cessation or abandonment
of the operation. The owner shall be responsible for the removal of
the facility within six months from the date the applicant ceases
use of the facility or the facility becomes obsolete. At the time
of issuance of the permit for the construction of the principal wind
energy system, the owner shall provide financial security in form
and amount acceptable to the Township to secure the expense of dismantling
and removing said structures.
(5)
Anaerobic manure digester.
(a)
Anaerobic manure digesters shall be permitted by special exception
as an accessory use and/or accessory structure to agricultural and
farm operations where the manure generated on site is used to generate
and supply electrical or thermal power exclusively for on-site use.
Except that when a property upon which the facility is installed also
receives electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner shall provide evidence written confirmation
that the public utility company has been informed of the customer's
intent to install an interconnected customer-owned generator and also
approves of such connection. Off-grid systems shall be exempt from
this requirement.
(b)
The applicant shall address and document performance standards
for citing to minimize impacts on neighboring properties which shall
include considerations of odor, prevailing wind patterns, proximity
to nonagricultural properties, operational noise, and specific hours
of operation.
(c)
Anaerobic digester systems shall be designed and constructed
in compliance with the guidelines outlined in the Pennsylvania Department
of Environmental Protection's Bureau of Water Quality Management publication,
and any revisions, supplements and successors thereto, of the Pennsylvania
Department of Environmental Protection as of this date.
(d)
Anaerobic digester systems shall be designed and constructed
in compliance with applicable local, state and federal codes and regulations.
Evidence of all federal and state regulatory agencies' approvals shall
be included with the application.
(e)
A certified professional, qualified to do such, shall furnish
and explain all details of construction, operation, maintenance and
necessary controls related to the anaerobic digester system.
(f)
The proposed use shall comply with all the requirements of the
applicable district, except that all buildings, structures and facilities
used as part of the manure digesting operations shall be setback 75
feet of from any property line, 150 feet from any existing residential
building other than that of the property owner, and 100 feet from
any public road right-of-way.
(6)
ANAEROBIC DIGESTER
ANAEROBIC DIGESTION
APPURTENANCES
BIOGAS
GEOTHERMAL TERMS
(a)
(b)
(c)
(d)
(e)
OUTDOOR HYDRONIC HEATER (WOOD-FIRED BOILER)
(a)
(b)
(c)
SOLAR ENERGY SYSTEM
STACK
TURBINE HEIGHT
WIND ENERGY SYSTEM
WIND TURBINE
Definitions. The following definitions relate to alternative
energy systems including geothermal, outdoor hydronic heaters, solar
and wind energy systems, and anaerobic digesters.
A facility which main purpose is to use anaerobic digestion
processes to convert livestock manure (primary catalyst) and feedstock
into biogas, which is generally burned on site to produce electricity,
heat, and water; as well as to manage livestock and poultry manure.
Anaerobic digesters may include "co-digestion" in which the livestock
and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalysts). Types of anaerobic digesters include
covered anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
The process in which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas.
The visible, functional, or ornamental objects accessory
to and part of buildings.
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of anaerobic digestion
processes.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
GEOTHERMAL ENERGY SYSTEMAn energy generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEMWater is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the Earth is then pumped back into the ground through a different well or in some cases the same well, also known as "re-injection." Alternatively, the groundwater could be discharged to a watercourse also known as a "pump and dump." In the heating mode, cooler water is returned to the earth, and in the cooling mode, warmer water is returned to the watercourse or well.
A fuel-burning device, also known as "outdoor wood-fired
furnace," and "outdoor wood-burning appliance," designed:
To burn clean wood or other fuels specifically tested and listed
for use by the manufacturer including, but not limited to, clean wood,
wood pellets made from clean wood, and other fuel approved in writing
by DEP;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
Any solar collector consisting of one or more cell(s), panel(s),
or array(s) designed to collect and convert solar power into another
form of energy such as electricity or heat, and other structures and
buildings, used in the conversion, storage, and distribution including
electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
Any vertical structure enclosing a flue(s) that carry off
smoke or exhaust from a furnace or other fuel-burning device, especially
that part of a structure extending above a roof.
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
A device such as a wind turbine and/or other electric generation
facility designed to convert wind power into another form of energy
such as electricity or heat, consisting of one or more wind turbines
and other structures and buildings, including meteorological towers,
electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
A.
Sewage pump and haul shall discontinue if sanitary sewer treatment
becomes available within 150 feet of the property line or if alternate
means of sewage disposal, as permitted by Pennsylvania Department
of Environmental Protection and the Township become available.
B.
Financial security posted with the Township as determined by the
Township Engineer sufficient to cover two years' operation, maintenance
and repair.
C.
A signed and recorded agreement between the Township and property
owner obligating the owner to maintain and continue the permanent
sewage pump and haul, pay for such service and give the Township the
right, but not obligation, to enter the property to maintain in case
of default and charge the owner for such actions.
