Township of Dickinson, PA Article IV Specific Criteria

§ 205-43 Specific criteria for permitted uses, special exceptions and conditional uses.

A. Applicability. It is the intent of this article to provide special controls and regulations for particular uses that are permitted by right, special exception, or conditional use within the various zones established in this chapter. All uses must comply with the standards expressed within the underlying zone and all other applicable sections of this chapter and the SALDO,[1] unless those standards expressed within this article differ; in such case, the specific standards listed within this article shall apply.

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

B. Permitted uses. For uses permitted by right, these standards must be satisfied prior to approval of any application for a land development (when applicable) or a zoning permit. The applicant shall have the burden of proof that the proposed use is in compliance with these standards and all applicable regulations contained within this chapter and must furnish whatever evidence is necessary to demonstrate such compliance.

C. Special exceptions. For uses permitted by special exception, this article sets forth standards that shall be applied to each respective special exception. The applicant shall have the burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and those contained within this Article IV. The applicant shall also submit competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board.

D. Conditional uses. For uses permitted by conditional use, this article sets forth standards that shall be applied to each respective conditional use. The applicant shall have the burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and those contained within this Article IV. The applicant shall also submit competent evidence demonstrating a substantial likelihood of compliance with the requirements of Article V of this chapter. These standards must be satisfied prior to approval of any application for a conditional use by the Board of Supervisors.

E. Setback measurements. For the purposes of this Article IV, any required setbacks imposed upon any use, building and/or structure, may be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a property line or a lease line.

§ 205-44 Adult entertainment uses.

A. Within the MI Zone, adult entertainment uses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. An adult entertainment use shall not be permitted to be located within 1,000 feet of any other adult-related use;

C. No adult entertainment use shall be located within 1,000 feet of any land within the LDR and MU Zones;

D. No adult entertainment use shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child-care facility;

(4) Church or other similar religious facility;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) School; or

(10) Other lands where minors congregate.

E. The distance between any two adult entertainment uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of each establishment. The distance between any adult entertainment use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use;

F. No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure;

G. Any building or structure used and occupied as an adult use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure;

H. No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein;

I. Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry;

J. No adult use may change to another adult entertainment use, except upon approval of an additional conditional use;

K. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate;

L. No unlawful sexual activity or conduct shall be permitted; and

M. No more than one adult entertainment use may be located within one building or industrial park.

§ 205-45 Airports/heliports.

A. Within the MI and BI Zones, airports/heliports are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Minimum lot area: 30 acres for airports and five acres for heliports;

C. All facilities shall be designed in strict compliance with all applicable state and federal laws and regulations;

D. The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation Bureau of Aviation prior to the approval of the conditional use application;

E. The applicant shall furnish evidence of the techniques that will be used to employ "fly neighborly" guidelines to avoid adverse audio-visual impacts to nearby residents and livestock; and

F. No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any property line.

§ 205-46 Alternative energy systems.

A. Within every zone, alternate energy systems are permitted accessory uses by right, subject to the following requirements:

B. Alternate energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements specified under this section of this chapter. Any physical modification to an existing alternate energy system that materially alters the size, type and quantity of the facilities shall require a zoning permit and shall comply with the applicable provisions specified under this section of this chapter.

C. Alternate energy systems shall be primarily utilized by the principal use of the lot upon which it is located, and energy generated must first be used to meet the demand on-site. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, if the applicant submits written expert evidence that the proposed alternate energy system is designed not to exceed the following energy generating parameters:

(1) The maximum energy generated for a residential use shall not exceed 1.5 times the annual energy needs of the principal residential use upon whose site the alternate energy system is located.

(2) The maximum energy generated for a commercial use shall not exceed 2.0 times the annual energy needs of the principal commercial use upon whose site the alternate energy system is located.

(3) The maximum energy generated for an industrial use shall not exceed 3.0 times the annual energy needs of the consumer of the principal industrial use upon whose site the alternate energy system is located.

(4) The maximum energy generated for a governmental, school, hospital, church and/or other similar institutional use shall not exceed 4.0 times the annual energy needs of the consumer of the principal use upon whose site the alternate energy system is located.

(5) The maximum energy generated for a municipal use shall not exceed 5.0 times the annual energy needs of the consumer of the municipal use upon whose site the alternate energy system is located.

D. The owner of any alternate energy system connected to an electric utility grid shall provide the Township with written authorization from the utility acknowledging and approving such connection.

E. Alternate energy systems may be erected as detached accessory structures or attached to a building provided that the structural components of such systems do not exceed the permitted height requirements of the zone in which it is located except that:

(1) The total height of a building or structure with solar panels shall not exceed by more than one foot the maximum permitted height in the applicable zone;

(2) Ground-mounted solar panels shall not exceed a height of 20 feet at the highest point of the structure;

(3) The maximum height of a freestanding wind turbine and any supporting structure shall be 50 feet for nonagricultural uses and 150 feet for agricultural uses, as measured from the ground surface to the tip of the blade at its highest turning movement;

(4) The maximum height of a roof-mounted wind turbine and any supporting structure shall be 10 feet as measured from the highest roof surface to the tip of the blade at its highest turning movement; and

(5) All structures that exceed the maximum permitted height within its respective zone shall demonstrate compliance with § 205-28 of this chapter.

F. Except as noted in § 205-46P(7)(b) of this chapter, alternate energy systems may be erected as detached accessory structures or attached to a building provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the zone in which it is located.

G. Alternate energy systems may be erected as detached accessory structures or attached to a building provided that the structural components of such systems comply with all applicable setbacks of the zone in which it is located. Detached accessory systems shall comply with applicable accessory use setbacks. Systems attached to a principal structure will be required to comply with principal use setbacks. In zones with no accessory use setbacks, principal use setbacks shall apply.

H. Aboveground alternate energy systems shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white or gray. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

I. On-site electrical transmission and power lines connected to or associated with the alternate energy system that are not contained within a building shall be located underground.

J. Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

K. The applicant shall provide written evidence that the proposed alternate energy system shall comply with the noise standards as referenced and incorporated through § 205-35 of this chapter. A manufacturer's certificate of specification may be used to demonstrate compliance with this standard.

L. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the alternate energy system.

M. The applicant shall provide written evidence from the Chief of the "first-due" fire company that the proposed use can be adequately protected and that, if necessary, a suitable emergency response plan has been implemented to serve the proposed use.

N. The design and installation of the alternate energy system shall conform to applicable industry standards, including those of the American National Standards Institute and the Uniform Construction Code and be subject to all applicable permit requirements thereof as well as all other applicable laws, codes and regulations.

O. In addition to those materials required in § 205-158 for a zoning permit, applicants for alternate energy systems shall be required to submit:

(1) A narrative describing the system and its principal components including, but not limited to related ancillary facilities;

(2) Information about its potential energy generating capacity and anticipated generation; and

(3) A site plan depicting the system and its principal components including, but not limited to related ancillary facilities as they relate to property lines, required setbacks, adjoining roads, utility rights-of-way and lines, and on-site buildings and structures. Such information shall be depicted upon the site plan even if it is located underground.

P. Solar energy systems shall comply with the following requirements:

(1) Solar energy panels shall be designed and located in order to minimize reflective glare towards any adjoining use and/or road.

(2) All solar energy system installations must be performed by installers certified by a professional firm from a list of approved Pennsylvania solar electric installers provided on the North American Board of Certified Energy Practitioners website.

(3) Solar energy systems shall not be used for displaying advertising except for reasonable identification of the manufacturer of the system. In no case shall such identification exceed 200 square inches.

(4) When a building is necessary for the storage of cells and/or equipment or components related to the solar energy system, the building must not exceed 400 square feet in area, must not exceed 15 feet in height and must comply with all applicable accessory use setbacks. Where no accessory use setbacks apply, principal use setbacks shall apply.

(5) All owners of property upon which a solar energy system is installed shall be required, as a condition of the issuance of the zoning permit to acknowledge in writing to the Township that the issuance of a zoning permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

(a) The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or,

(b) The right to prohibit the development on, or growth of any trees or vegetation on, such property.

(6) Roof-mounted solar energy systems shall comply with the following requirements:

(a) Solar panels shall not extend beyond any portion of the roof's horizontal edge.

(b) A written structural roof analysis, approved and stamped by a certified engineer pursuant to UCC requirements, shall be required for all roof-mounted solar energy systems.

(c) Other than those integrated into the roof or mounted flush with the roof, solar panels shall be located only on rear or side-facing roofs as viewed from any adjacent street unless the proposed location prevents the solar energy system from operating as designed, as certified in writing by the manufacturer or installer. Removal of potential obstructions such as vegetation shall not be considered sufficient cause for permitting panel installation on a front-facing roof.

(7) Ground-mounted solar energy systems shall comply with the following requirements:

(a) Ground-mounted solar energy systems (also referred to as "ground arrays") shall be located so that any sun reflection is directed away from or is properly screened from adjoining property.

(b) The surface area of a ground-mounted solar energy system, regardless of the mounted angle of any solar panels, shall be considered part of and calculated in the lot coverage of the lot on which the system is located. The surface area of a ground-mounted solar energy system shall not exceed 3% of maximum lot coverage of the lot. For panels that self-adjust, the lot coverage of each solar panel shall be calculated at that angle with the greatest horizontal exposure.

(c) Solar panels shall not be mounted on any pole or tower such that the closest point of the solar panel is more than one foot above the grade directly below the solar panel.

(d) Unless no other suitable location exists upon a property, a solar energy system, or part thereof, may be located within the front yard provided it is located behind the required building setback line and vegetative screening is provided to serve as a barrier to visibility and glare, subject to the following standards:

[1] All vegetative materials shall reach a minimum height of six feet above finished grade within two years of planting. However, all vegetative materials used for screening of an industrial use shall be six feet at initial planting.

[2] The vegetative screen shall be permanently maintained in order to ensure effective screening and replaced when necessary.

[3] The vegetative screen must be comprised of plant material that will provide a minimum opacity of 80% year-round. One of the following arrangements shall be utilized:

[a] Screen planting shall contain three staggered rows of vegetative material. This screen planting shall consist of one row of fast-growing needled evergreens spaced not more than 12 feet on center and two rows of deciduous trees, with a minimum height potential of 20 feet, spaced not more than 25 feet on center.

[b] Screen planting shall contain two staggered rows of vegetative material. Seventy-five percent shall be fast-growing needled evergreens planted 10 feet on center and staggered for effective screening. The remaining 25% shall be deciduous trees planted in staggered clusters with 25 feet being the maximum spacing between trees.

[c] Screen planting shall contain two staggered rows of vegetative material. Seventy-five percent shall be fast-growing needled evergreens planted 10 feet on center and staggered for effective screening. Fifteen percent shall be deciduous trees planted in staggered clusters 25 feet on center. The remaining 10% shall be staggered shrub masses used as understory plants and in combination with deciduous tree clusters. The maximum spacing for shrubs shall be four feet on center. The deciduous trees and shrubs are suggested to break up the straight-line planting of one type of plant material.

[4] Prior to issuance of a zoning permit, a sketch plan showing the proposed arrangement, placement, species and size of all screen planting material shall be submitted for approval to the Dickinson Township Zoning Officer. Only those specific plant arrangements listed above in § 205-46P(7)(d)[3][a] through [c] of this chapter may be used for vegetative screening. All such plant materials shall comply with § 205-40 of this chapter.

Q. The following provisions shall specifically apply to wind turbines:

(1) Only one wind turbine shall be permitted per principal use, except that agricultural uses may have up to two, all of which must be accessory to the principal use of the site.

(2) Wind turbines may only be permitted upon lots with a minimum of 2 1/2 acres.

(3) The minimum height of a wind turbine shall be such that there shall be maintained a minimum of 15 feet ground clearance, as measured between the ground surface and the tip of the blade at its closest point of the turning movement.

(4) Wind turbines shall be set back the following distances as measured from the center of the wind turbine base to the nearest point of the respective feature listed below:

Feature	Minimum Setback
Occupied building on site	Turbine height plus 10 feet
Above ground utility line right-of-way	Turbine height plus 10 feet
Adjoining property	1.5 times turbine height
Adjoining road right-of-way*	1.5 times turbine height

NOTES:
*	This section shall not be interpreted to permit the location of a wind turbine in the front yard if such structure is not permitted in the front yard within its respective zone.

(5) A wind turbine and any supporting structure shall be enclosed by a six-foot fence with locking gate or the base of the wind turbine and any supporting structure shall not be climbable for a minimum height of 12 feet. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons.

(6) All wind turbines and wind energy systems shall be equipped with a redundant braking system, which shall include 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. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(7) The applicant shall make reasonable efforts to minimize shadow flicker to adjoining properties.

(8) No wind turbine shall cause ground vibrations perceptible beyond the property line of the site.

(9) No wind turbine shall cause ice to be thrown or shredded beyond the property line of the site.

(10) No trees or landscaping required by Township ordinance or as otherwise required by the Board of Supervisors or Zoning Hearing Board as a condition of approval for any plan, application or permit may be removed to facilitate installation or operation of a wind turbine.

R. The following provisions shall specifically apply to geothermal systems:

(1) Any open discharge system must discharge water back into well to promote groundwater recharge. Any geothermal system plan must be preapproved by the Township for appropriate disposal or reuse of water.

(2) Prior to installation, all installation specifications and drawings for the geothermal system must be certified by a registered engineer within the Commonwealth of Pennsylvania as conforming to the International Ground Source Heat Pump Association (IGSHPA) installation standards;

(3) The vertical geothermal system well (or wells) installation will be made only by a Pennsylvania-licensed well driller;

(4) No geothermal system subsurface loops will be located closer than 20 feet from any existing or planned drinking water wells;

(5) The vertical loop in a geothermal system well (or wells) shall be pressure-grouted bottom to top with a bentonite-based or cement-based material of 0.0000001 centimeter per second or lower permeability; and

(6) With respect to each geothermal system well installation, the Pennsylvania-licensed well driller and/or system installer shall provide to the Township, before activation of the system copies of:

(a) Accurate written records and a written geologic log;

(b) Accurate records with respect to grouting for each such well;

(c) As-built plans and related documentation for each such system and well location;

(d) Written documentation of the geothermal system testing and certification; and

(e) A written plan for the operation of the geothermal system proposed by the applicant and approved by the system installer which, among other matters, provides that:

[1] Any geothermal system leaks or releases will be reported by the applicant (and subsequent owner) to the Township Zoning Officer within 24 hours of the discovery of same, and the applicant (and subsequent owner) covenants and agrees to take appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks; and

[2] In the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Township for its approval by the landowner prior to the conveyance by the landowner of the land to any third party.

S. Manure digester facilities shall only be permitted as an accessory use to an agricultural or horticultural use.

§ 205-47 Public utility structures.

A. Within the MU, MI and BI Zones, public utilities structures are permitted by right provided that the owner/occupier's use complies with all applicable regulations contained within this chapter and specifically this section.

B. All equipment not housed within a structure shall be enclosed with a fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension. In the MU Zone, such fence must be surrounded by evergreen plantings.

C. When the equipment is totally enclosed within a structure, no fence or screen planting shall be required, and the yard shall be maintained in conformity with the zone in which the structure is located.

D. In the MU Zone, any public utilities structures shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing excessive noise, vibration, smoke, odor or hazardous effect shall be installed.

E. Land development plans of the public utilities structure shall be submitted to the Township for review and approval, and as required in the Township's SALDO.[1]

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

F. Improved access shall be provided to the site in accordance with the specific requirements of the Board of Supervisors. Access shall be by way of a portion of the lot which it serves, minimum 20 feet wide, or by an easement or right-of-way.

§ 205-48 Domestic pets.

Within all zones of the Township, the noncommercial keeping of domestic pets, as defined in § 205-12, is a permitted accessory use to any residential dwelling use subject to the following criteria:

A. No more than 10 domestic pets may be kept in a residential dwelling unit as an accessory use.

B. The above-number limitations shall not apply to any domestic pet that has given birth, provided that any offspring kept into adulthood as a domestic pet shall then be included in the total number of domestic pets. Such offspring may be given away to new homes, or for a nominal rehoming fee. However, the commercial breeding of domestic pets under this § 205-48 shall be strictly prohibited.

C. The noncommercial keeping of domestic pets, regardless of the zone, shall be done pursuant to the provisions set forth in Chapter 58, entitled "Animals," of the Code.

§ 205-49 Animal hospitals and veterinary offices.

A. Within the MU, MI and BI Zones, animal hospitals and veterinary offices are permitted by right provided that the owner/occupier's use complies with all applicable regulations contained within this chapter and specifically this section.

B. Within the MU Zone, no outdoor keeping of animals is permitted.

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.

D. All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls, or runways shall be setback a minimum of 100 feet from all property lines.

§ 205-50 Auction house, excluding automobile auctions.

A. Within the BI Zone, auction houses, excluding automobile auctions, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. All auction activities shall be conducted within a completely enclosed building.

C. No outdoor storage or display is permitted.

D. Off-street parking shall be provided at the rate of one space per each two persons of legal occupancy within the auction house, plus one space per employee on the site at any one time.

E. A minimum of four off-street loading spaces shall be provided, subject to increases in accordance with the schedule listed in § 205-33 of this chapter.

F. Should the proposed use include a cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

§ 205-51 Automobile and/or animal racing facility with or without related wagering.

A. Within the MI Zone, automobile and/or animal racing facilities with or without related wagering are permitted by conditional use provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Purpose. This section provides for a two-stage review process for large-scale amusement uses that is consistent with the Pennsylvania Municipalities Planning Code by encouraging innovation and promoting flexibility, economy and ingenuity in the development process. Specifically, applications submitted under this section will be required to obtain a conditional use approval of a Master Concept Plan that will require detailed explanation of the proposed use's design, operation and impacts. Then once the Master Concept Plan is approved, subsequent revisions or adjustments that were contemplated under the approved Master Concept Plan will be regulated as permitted uses. Subsequent alterations that were not contemplated by the previously approved Master Concept Plan will require another conditional use approval.

C. Design and operational objectives. Applications submitted pursuant to this section are required to demonstrate to the satisfaction of the Board of Supervisors that:

(1) The proposed uses are coordinated to function as a single site;

(2) The proposed design will provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impact;

(3) The proposed use has access to adequate utilities and public services to ensure the public welfare upon the site and will not overburden such utilities and services to the detriment of the rest of the Township;

(4) The proposed use is designed, where practicable, to properly integrate and protect important natural features contained upon the site both during and after construction and during subsequent operation of the use;

(5) The applicant has a management structure and capacity that can ensure that these preceding objectives will be continuously satisfied.

D. Stage 1 Concept Master Plan. Prior to, or coincidental with, the approval of a land development for any of the uses regulated in this section, the applicant shall submit a Concept Master Plan for conditional use approval by the Board of Supervisors in accordance with § 205-162 of this chapter. The requirements of this § 205-51 shall be used as the specific criteria for evaluating the conditional use application. Such Concept Master Plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(1) The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use;

(2) The specific types and mixture of uses proposed for the land to be included within the proposed use. This will require submission of a schematic drawing of proposed use types within their respective areas along with a disturbance envelope within which all development activities will be confined;

(3) A listing of the relevant design standards applied to the use as required by this chapter and a determination of the proposed use's compliance with such standards. Should the Board of Supervisors attach a condition of approval, pursuant to § 205-162C of this chapter, that imposes a different standard than that of this chapter, such conditioned standard shall be listed along with the use's determination of compliance;

(4) The circulation network contained upon the land to be included within the proposed use including roads, sidewalks, off-street parking lots, unimproved overflow parking areas, off-street loading areas, emergency access points, major intersections and any traffic improvements proposed to accommodate the proposed use;

(5) The name, location, center line and present right-of-way width of all abutting streets;

(6) The natural and cultural features information as required by Article V of this chapter.

(7) Any regional facilities that are proposed and will serve more than one lot within the proposed development. Examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, signs, and wastewater or water facilities;

(8) Qualified expert testimony and impact reports that demonstrate compliance with each of the following requirements and provide for an upset limit of impact regarding each requirement (e.g., maximum traffic volume, maximum sound pressure, maximum structure height, maximum glare, etc.)

(9) A traffic impact study as required by § 205-38 of this chapter;

(10) Access management so as not to cause traffic backup onto adjoining roads during peak entrance and exit periods. This shall require special attention to, and description of, the on-site stacking volumes caused by toll booth locations and the number, location, and times of traffic control personnel posting;

(11) Noise standards as referenced and incorporated through § 205-35 of this chapter;

(12) Lighting as regulated by § 205-29 of this chapter;

(13) Hours of public operation which will be limited between 12:00 noon and 10:00 p.m.;

(14) Methods of water supply and sanitary sewage disposal in accordance with applicable state regulations. If public water and/or sewer is to be used, documentation by the respective agency of the adequacy of such system to serve the proposed use;

(15) Methods of policing and security to include a written statement from the ranking police officer that adequate police protection is available to serve the proposed use. Also the applicant is required to provide expert evidence regarding security measures that will be used on the site to ensure adequate public safety during and after conduct of the proposed use;

(16) Methods of fire protection and ambulance service to include written statements from the chiefs of the first-due fire company and ambulance company that will serve the proposed use that attest that adequate fire protection and ambulance service are available to serve the proposed use;

(17) Capacity of off-street parking lots and off-street loading areas in relation to the required spaces listed in §§ 205-34 and 205-33, respectively, of this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site;

(18) The handling and disposal of materials and wastes as required by § 205-32 of this chapter;

(19) Methods used to contain, collect and dispose of litter on the site. This shall include a written description of an acceptable working plan for litter cleanup;

(20) For uses involving the keeping of animals, a written plan that describes the methods used to: 1) contain and prevent their escape; 2) dispose of deceased animals in compliance with applicable state laws; 3) handle, and dispose of animal wastes in a manner that is compatible with surrounding uses both on and off of the site; and 4) offer the humane treatment and care of animals at all times.

(21) Scaled graphic representations of those signs used to attract the public onto the site in accordance with § 205-41 of this chapter; and

(22) Exterior areas used for the storage of automobiles or other vehicles shall be completely enclosed by a six-foot-high fence and shall be subject to the BI Zone's setback, landscaping and screening requirements imposed upon off-street parking lots. The outdoor storage of vehicle parts, lubricants and fuels, or other materials or equipment used in the service of motor vehicles and the demolition or junking of vehicles is prohibited.

(23) Maximum permitted height for uses regulated by this section can exceed 45 feet, provided:

(a) That the proposed structure is setback a horizontal distance at least equal to its height from each property line;

(b) The applicant must demonstrate that adequate local rescue and fire-fighting capacity exists to ensure the safety of those who might be located above 45 feet by reason of adequate emergency vehicles and equipment and/or employed fire suppression measures;

(c) The applicant must submit that the proposed structure does not violate Federal Aviation Regulations No. 77, as may be amended, or any successor regulation;

(d) The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended;

(e) If applicable, the applicant must demonstrate compliance with the American Society of Testing Materials (ASTM) F770-88 Standard Practice for Operation Procedures for Amusement Rides and Devices;

(f) An integrated telephone system that has a two-hour fire rating shall be provided on all floors;

(g) If proposed, standpipe and sprinkler connection fixtures shall be located so as to be readily accessible to firefighting personnel and hose preconnects for full access to each floor shall be provided;

(h) Knox-Boxes^® shall be provided where any automatic fire alarm, detection or suppression systems are used; and

(i) Forcible entry tools including a pick head axe, Halligan, K-tool and Rabbit tool shall be provided on each floor.

E. Modifications of standards. As part of the Master Concept Plan conditional use review, the Board of Supervisors may permit the modification of the standards applied to the proposed use in order to encourage the use of innovative design. An applicant desiring to obtain such approval shall, when making application for the Master Concept Plan, also make application for modification under this section. The Board of Supervisors shall consider both requests simultaneously. Any modification of the standards shall be subject to the following standards:

(1) Such modifications of standards better serve the design and operational objectives listed in § 205-51C of this chapter;

(2) Such modifications of standards would not result in adverse impact to adjoining properties, nor future potential inhabitants within the vicinity;

(3) Such modifications will not result in an increase in permitted lot coverage for the site; and

(4) The extent of modification provides the minimum amount of relief necessary to ensure compliance with the requirements of this § 205-51 of this chapter.

F. Stage 2 Site Development Plan. Upon approval of a conditional use for the Concept Master Plan, the applicant must apply for a zoning permit before constructing the proposed use pursuant to § 205-158 of this chapter. As part of the granting of a zoning permit for uses proposed and contained in the Concept Plan, the Zoning Officer shall review an application submitted by the applicant. Such application shall include but not be limited to the following:

(1) Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter plus any conditions of approval imposed upon the use; and

(2) A scaled site plan that demonstrates the proposed uses' compliance with the approved Master Concept Plan, plus any conditions of approval attached to the grant of the Master Concept Plan. The Zoning Officer may require additional review by other Township staff or Township-appointed consultants. Such zoning permit shall be approved and issued in accordance with the time limits of § 205-158A(11) of this chapter, provided that:

(a) The proposed uses are consistent with those contemplated in the Master Concept Plan;

(b) The area to be disturbed for each use is consistent with the respective disturbance area depicted on the Master Concept Plan;

(c) The application complies with the applicable design standards and regulations of this and other Township ordinances plus and conditions of approval attached to the grant of the Master Concept Plan; and

(d) The impact of the proposed uses is consistent with that upset limit of impact authorized in the Master Concept Plan.

§ 205-52 Automobile auctions and storage yards.

A. Within the BI Zone, automobile auctions and storage yards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The subject property must front upon and have direct vehicular access to a collector or arterial road as listed in § 205-39 of this chapter.

C. The applicant shall be required to submit an expert-prepared on-site circulation plan prepared by a professional traffic engineer certified by the Commonwealth of Pennsylvania. Such circulation plan must fully describe the location and manner in which vehicles for auction arrive, are registered, are stored, are displayed, are readied for sale, are stacked for sale, are sold, are road tested, are stored post-sale and then depart the site. It is incumbent upon the applicant to demonstrate that the proposed circulation pattern can be operated safely and will not interfere with the on-site circulation and parking of customers and employees or the flow of traffic on adjoining streets. Such plan shall clearly delineate exterior areas of the site that are to be used solely for the storage of vehicles as opposed to display and sales areas and required off-street parking spaces.

D. Exterior areas used solely for the storage of vehicles shall be connected to other areas of the site and the adjoining street via one or more access drives in accordance § 205-20 of this chapter.

E. Exterior areas used solely for the storage of vehicles shall comply with the off-street parking design requirements of § 205-34 of this chapter, except that such areas:

(1) May be arranged with blocks of horizontally stacked vehicles/equipment that do not provide for the independent movement of each vehicle. No vehicle or piece of heavy equipment shall be located more than 100 feet from an on-site interior drive. Such interior drives must be a minimum of 18 feet wide;

(2) May employ vertical stacking of vehicles. Vehicles stacked vertically shall either be located within an enclosed structure or be located at least 100 feet from the closest property line. Vertical stacking shall not exceed 15 feet;

(3) Need not be paved, but must have an all-weather and dust-free surface;

(4) Shall be completely enclosed by a six-foot-high fence, which shall be subject to the BI Zone's setback requirements imposed upon off-street parking lots;

(5) Shall be lighted to provide an average of minimum one footcandle level of illumination at an elevation of three feet above grade for the detection of suspicious movement. All such lighting shall be arranged as to reflect the light away from adjoining properties and roads; and

(6) Need not comply with the interior landscaping requirements but must be screened from adjoining roads and properties.

F. Exterior areas used for the display and sales of automobiles shall comply with the off-street parking design requirements of § 205-34 of this chapter.

G. Areas to be used by employees or customers after dusk, shall be lighted to provide an average of minimum two footcandles level of illumination at an elevation of three feet above grade for the safe movement of vehicles and pedestrians. All such lighting shall be arranged as to reflect the light away from adjoining properties and roads.

H. If an exterior amplified public address system is to be utilized, the applicant shall submit qualified expert evidence that the proposed public address system will be designed and operated in a manner to comply with the noise standards provided, as referenced and incorporated in § 205-35 of this chapter.

I. The applicant shall prepare, submit and explain and continuously implement an acceptable working plan of the collection and proper disposal of litter and debris. Exterior trash receptacles shall be provided amid any exterior sales and/or display area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.

J. The proposed use must be connected to public utilities and all on-site restrooms, comfort facilities and toilets must rely upon public sewer for disposal of human waste. No "porta-potties" are permitted.

K. The subject property may contain facilities for the service, repair and reconditioning of vehicles, provided:

(1) All service, repair and reconditioning uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads and such stacking lanes will be fully integrated within the site's on-site circulation plan as required in § 205-52C of this chapter;

(2) All services, repair and/or reconditioning activities shall be conducted within a completely enclosed building and shall be limited to vehicles that are to be auctioned on the site;

(3) No outdoor storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the service, repair and/or reconditioning operation, shall be permitted; and

(4) The demolition and/or junking of vehicles is prohibited. No vehicle shall remain on the site for more than one year.

L. The subject property shall contain a road test track which shall be conveniently linked to the sales area. The test track shall be strictly operated so that customers must use the track for test drives rather than the site's circulation system and adjoining roads. The applicant must demonstrate the means by which patrons will be directed and required to conduct road tests on the site's test track. The test track shall be set back at least 20 feet from adjoining property lines and 50 feet from adjoining roads. If such test track is to be used after dusk, it shall be lighted to provide an average of minimum two footcandles level of illumination at an elevation of three feet above grade for the safe movement of vehicles and pedestrians. All such lighting shall be arranged to reflect the light away from adjoining properties and roads.

M. The applicant shall furnish evidence that the disposal of all materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

N. No part of the subject property shall be located within 300 feet of any land within the LDR and MU Zones.

O. A traffic impact study shall be prepared in accordance with § 205-38 of this chapter and shall devote particular emphasis on movements of vehicles that may be moving between the subject property and other nearby uses that assist in making vehicles ready for sale.

P. One truck driver lounge with comfort and bathing facilities, a restaurant, cafeteria or refreshment counter and a filling station are permitted accessory uses provided such use are located, designed and operated in a manner that is meant to serve those persons directly associated with the principal uses while they are on the site. No entrances and/or signage shall be oriented towards attracting patrons from off of the site. Should the proposed use include a restaurant, cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

Q. One off-street parking space shall be provided for each 1,000 square feet of total interior and exterior display, sales and storage area for vehicles. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site.

§ 205-53 Gas stations (including minor incidental repair).

A. Within the BI Zone, gas stations (including minor incidental repair) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Minimum lot width: 125 feet;

C. The subject property shall front on an arterial or collector road;

D. The subject property shall be set back at least 500 feet from any lot containing a school, day-care facility, park or playground, library, hospital or nursing, rest or retirement home;

E. The outdoor storage of any motor vehicles (whether capable of movement or not) for more than one month is prohibited. Any vehicle stored outside of a completely enclosed building must be awaiting needed parts to perform needed repair, located within a side or rear yard and be screened from adjoining roads and properties;

F. All structures (including air compressors, kiosks, gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line;

G. No outdoor storage of auto parts shall be permitted;

H. Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge;

I. All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any land within an LDR and MU Zone; and

J. The applicant shall furnish evidence that the storage, dispensing and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

§ 205-54 Bed-and-breakfasts.

A. Within the C, A, LDR and MU Zones, bed-and-breakfasts are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Bed-and-breakfasts shall only be permitted within single-family detached dwellings that existed on the effective date of this chapter;

C. Any modifications to the external appearance of the building (except fire escapes) shall complement its residential character;

D. All floors above or below grade shall have a permanently affixed direct means of escape to ground level;

E. One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit;

F. All parking areas shall be set back a minimum of 10 feet from all property lines and shall be screened from adjoining lots and streets;

G. A bed-and-breakfast may erect one sign no larger than eight square feet in size which must be set back 10 feet from all lot lines;

H. Breakfast is the only meal that can be served associated with a bed-and-breakfast, and then only to registered overnight guests;

I. The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used; and

J. The applicant shall furnish proof of any needed approval from the Pennsylvania Department of Labor and Industry.

§ 205-55 Beekeeping.

A. Within the C and A Zones, beekeeping is a permitted accessory use to an agricultural or horticultural use or single-family detached residence subject to the following criteria:

B. Minimum lot area: one acre;

C. It shall be the duty of the applicant to maintain each colony so as to not create a public nuisance;

D. Colonies shall be maintained in movable hives;

E. Hives shall be situated to maximize sunshine exposure and/or natural wind protection;

F. In no case shall hives be located within 25 feet of any property line;

G. All beehives must be registered in accordance with the Pennsylvania Department of Agricultural, Entomology Section; and

H. Hives shall not be oriented to children's play areas either on the site or an adjoining property.

§ 205-56 Billboards.

A. Within the Billboard Sign Overlay Zone, billboards are permitted by right, subject to the following criteria:

B. Every billboard shall be identified on the structure with the name of the owner.

C. All billboards approved for erection or construction shall comply with duly adopted building and construction regulations of the Township and any other applicable federal, state or local laws, regulations or ordinances.

D. All billboards shall be attached to the ground by a single supporting monopole or vertical metal or concrete post, pillar, pole or column.

E. No billboard shall obstruct the view of motorists on adjoining roads or the ability of the public to view the identification of adjoining commercial or industrial uses.

F. Billboards may be illuminated, but no direct ray of light shall extend beyond the face of the sign. Lighting fixtures used to illuminate a billboard shall be mounted on the top of the billboard structure. Bottom-mounted lighting is not permitted. All such billboard lighting fixtures shall be constructed to prevent direct light from being directed toward residential buildings on adjacent or nearby land and to prevent glare perceptible to persons operating motor vehicles on public ways.

G. All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter, vector habitation or violations of any other applicable federal, state or local laws, regulations or ordinances.

H. No portion of any billboard shall exceed a height of 35 feet above ground elevation, as measured at any point within 15 feet in a circle around the base of the supporting monopole or other support for the billboard. "Ground elevation" is defined as the existing natural ground elevation prior to any earthmoving activities.

I. All billboards shall be set back a minimum distance of 40 feet from any utility easement line and a minimum distance of 40 feet from any property line, including but not limited to property boundary lines, right-of-way lines or easement boundaries, except only a property line adjacent to or within the right-of-way of Interstate 81, subject, however, to the location restrictions provided in this § 205-56.

J. Except for Interstate 81, all billboards shall be located not less than 40 linear feet from the legal right-of-way of any existing street, road or highway or from the dedicated right-of-way line of any street, road or highway.

K. No billboard shall be located less than 1,000 linear feet from any building used for residential purposes, including but not limited to single dwelling units and other buildings used for residential purposes, such as but not limited to apartment houses, boardinghouses, nursing, rest, convalescent or retirement homes, group homes, hotels, lodging houses and motels.

L. The minimum distance required between all billboards shall be 2,640 feet (1/2 mile) as measured along the center line of the abutting roadway. This requirement shall be applicable with respect to billboards located on the opposite sides of a road or highway or in an adjacent municipality. In addition, no billboard shall be erected within 250 feet of any existing freestanding sign which advertises a use conducted on the same premises.

M. The maximum area for any one billboard face shall not exceed 14 feet in vertical measurement or 48 feet horizontally and in no event to exceed 672 square feet per facing (inclusive of any border, trim or embellishment, which embellishment shall not exceed 28 square feet of area, but excluding the base or apron, supports and other structural members). The terms "face" and "facing" as used herein shall mean the surface area or surface areas of the structure containing the message of the billboard(s).

(1) The billboard face area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire billboard face above ground level.

(2) A billboard structure shall contain no more than two facings with only one advertising message being displayed at any one time per face, which facings may be placed only back-to-back or V-shaped at an interior angle of less than 90°.

N. Billboards incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like display shall comply with § 205-41C(31). of this chapter.

§ 205-57 Boardinghouses.

A. Within the MU Zone, boardinghouses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Boardinghouses must include a full-time on-site resident manager who is not a border upon the site;

C. The following minimum lot area requirements shall be provided:

Minimum Required Lot Size (up to 4 boarders)	Plus	Additional Lot Area Per Boarder (up to 10 boarders)
10,000 square feet	Plus	2,500 square feet/boarder over 4

D. The applicant shall furnish evidence that approved systems for public sewage disposal and water supply shall be used;

E. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted;

F. All floors above and/or below grade shall have a permanently affixed direct means of escape to ground level;

G. One off-street parking space shall be provided for each room available for rent;

H. One sign, not to exceed eight square feet, shall be permitted provided such sign is not a freestanding sign as defined herein; and

I. The applicant shall furnish proof of any needed approval from the Pennsylvania Department of Labor and Industry.

J. Upon approval of a conditional use for a boardinghouse, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the boardinghouse ceases to exist. At such time the applicant shall be required to furnish a list of those occupants of the boardinghouse on a form provided by the Township. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

§ 205-58 Campgrounds.

A. Within the C Zone, campgrounds are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Minimum lot area: 10 acres;

C. Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street line;

D. Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

E. A private road system shall be provided in accordance with the SALDO (§ 178-32N);[1]

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

F. All outdoor play areas shall be set back 100 feet and screened from adjoining properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;

G. All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet and screened from adjoining properties. Such facilities shall be designed and maintained so as to be secure from native animals such as raccoon, bears, etc.;

H. Any accessory retail or service commercial uses shall be set back a minimum of 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 these commercial uses shall only have vehicular access from the campground's internal road, rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels;

I. All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as listed in § 205-39 of this chapter;

J. A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any adjoining lot lines;

K. A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within 100 feet of any property line. Responsibility for maintenance of the recreation area shall be with the landowner;

L. During operation every campground shall have an office in which shall be located the person responsible for operation of the campground; and

M. The applicant shall furnish evidence that all water facilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.

§ 205-59 Car washes.

A. Within the BI Zone, car washes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Gray water recycling is required;

C. For automatic and self-service car washes, each washing bay shall provide a minimum 100-foot-long on-site stacking lane which precedes the washing process. For full-service car washes, such on-site stacking shall be a minimum of 300 feet per lane;

D. For full-service car washes, a post-washing drying area shall be provided for no less than three vehicles per washing lane;

E. All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line;

F. Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement an acceptable working plan for the cleanup of litter and debris;

G. The subject property shall front on an arterial or collector road as listed in § 205-39 of this chapter; and

H. The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.

§ 205-60 Cemeteries.

A. Within the C, A and MU Zones, cemeteries, including pet cemeteries, are permitted by right, subject to the below criteria, and are permitted as an accessory use to a church, also subject to the following criteria:

B. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:

(1) The minimum size of a cemetery created after the effective date of this chapter shall be three acres, and for accessory cemetery uses, the portion of any lot designated for the cemetery shall have an area of three acres.

(2) The minimum front, side and rear yards shall be 100 feet.

(3) The maximum lot coverage (excluding headstones but including buildings, structures, driveways, parking areas and other paved surfaces) shall be 20%.

C. In areas not served by public water, the owner or occupier must have written evidence readily available to establish that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery; and

D. No burial plots or facilities are permitted in any floodplain as defined herein.

E. A suitably screened or landscaped buffer zone at least 15 feet wide, which buffer strips shall be set back 15 feet from the property line, shall be provided by the owner along all the property and street boundary lines separating the use from adjacent districts. Screen planting shall be such that will reasonably be expected to reach a height of five feet in three years and a minimum height of 10 feet in eight years, and shall be planted in a pattern and proximity which shall block visibility, glare, noise, fumes, dust, and other harmful effects, within five years. Said screen planting shall be properly maintained by the owner, including maintenance and trimming to avoid and prevent the blocking of visibility for traffic clear sights.

§ 205-61 Churches and related uses.

A. Within the C, A and MU Zones, churches and related uses are permitted by right, subject to the following criteria:

B. (Reserved)

C. Church-related residences (rectories and convents):

(1) All residential uses shall be accessory, and located upon the same lot or directly adjacent to a lot containing a house of worship; and

(2) All residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the respective zone, except that any number of church-related persons (pastors, priests, rabbis, ministers, nuns, caretakers, employees) may share group quarters.

(3) All residential uses shall provide for an individual septic system separate from the main church or religious structure. Such individual septic system shall comply with all applicable Township ordinances and regulations.

D. Church-related schools or day-care facilities:

(1) All schools or day-care uses shall be accessory, and located upon the same lot as a house of worship;

(2) If school or day care is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

(3) Enrollment shall be defined as the largest number of students and/or children under day care supervision at any one time during a seven-day period; provided that such enrollment shall not exceed the sewer or septic capacity approved for the structure as established by the Township SEO unless additional approvals and upgrades to the septic system are made to accommodate additional capacity;

(4) Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site; and

(5) Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six students enrolled.

E. Cemeteries. Cemeteries may be considered an accessory use to a church, so long as the cemetery meets all of the requirements set forth in § 205-60 of this chapter.

§ 205-62 Communication antennas co-located upon existing structures.

A. Within all zones, communication antennas that are co-located upon existing structures (e.g., utility transmission towers, observation towers, communication towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures) are permitted by right as an accessory use to the principal use, regardless if such accessory use is owned by a party that does not own the principal use. Such use shall be subject to the following criteria:

B. The applicant submits a copy of the written agreement with the landowner upon whose structure the antenna is to be located;

C. The applicant shall be required to demonstrate that it is licensed by the Federal Communications Commission to operate the proposed use;

D. The applicant shall demonstrate that the proposed use will comply with the applicable standards governing human exposure to electromagnetic radiation by the Federal Communications Commission;

E. The applicant shall demonstrate that the proposed use will comply with all Federal Aviation Administration and Commonwealth Bureau of Aviation regulations governing structural height;

F. The applicant shall submit, from a structural engineer registered in the Commonwealth of Pennsylvania, a written certification of the existing structure's and the antenna's ability to meet the structural standards required by either the Electronic Industries Association or the Telecommunication Industry Association and that the construction methods or other measures used will prevent the toppling of any communication antenna onto adjoining properties and/or roads, and prevent the wind-borne scattering of ice onto adjoining properties and/or roads; and

G. When one or more freestanding telecommunication and wireless communications antennas are to be located on an existing structure and the general public has access to the structure on which the freestanding telecommunication and wireless communications facilities are to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, and other metals. For purposes of this subsection, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.

H. In the event of approval and erection, applicant shall certify to the Township, on an annual basis, that the antenna is still in use. Applicant shall remove any and all freestanding telecommunication and wireless communications antennas within two months of such antennas no longer being in use.

§ 205-63 Child day-care facilities.

A. Where permitted.

(1) Within the MI and BI Zones, group child-care homes and child-care centers are permitted by right subject to the following criteria and within the MU Zone, group child-care homes and child-care centers are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained § 205-151C(2) and specifically as set forth below.

(2) Within the (, A, LDR and MU Zones, family child-care homes are permitted as an accessory use, subject to the criteria set forth below.

B. All child day-care facilities shall comply with all current Pennsylvania Department of Public Welfare (herein referred to as "DPW") regulations applicable thereto, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. A copy of the DPW license and any other license or certification must be provided to the Township upon issuance of a use or occupancy certificate by the Township, and such licenses must, at all times, be kept current. A use or occupancy permit may be issued conditioned on receipt of a DPW license if such permit is required for issuance of the DPW license. Any subsequent changes and/or recertifications shall also be provided to the Township.

C. Child day-care facilities. Any child day-care facility must meet the applicable standards and requirements, for both the Township Code and DPW regulations, for either a child-care center, a group child-care home, or a family child-care home.

D. General requirements for child day-care facilities.

(1) No portion of a child day-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could pose a threat to the safety of the occupants of the facility.

(2) An outdoor activity area shall be provided at a rate of 65 square feet per child enrolled. Off-street parking lots shall not be used as outdoor play areas. Enrollment shall be defined as the largest number of children under supervision at any one time during a seven-day period. All outdoor activity areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

(3) Outdoor activity areas shall be sufficiently fenced (by a minimum four-foot-high fence), screened and buffered to protect both children or adults served and the neighborhood at large from excessive noise and disturbance. Hours of outside play shall be limited to 8:00 a.m. until sunset, as defined by the National Weather Service.

(4) All child day-care facilities shall provide an outdoor play area in compliance with DPW regulations, which shall not be located within the front yard.

(5) When applying for a special exception, or a use or occupancy permit where a special exception is not necessary, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces and drop-off/pickup areas.

E. Additional requirements for group child-care homes.

(1) At least one off-street parking space shall be provided for each person employed.

(2) At least one off-street parking space for each person employed, plus one off-street parking space for each six children to be served by the center, shall be provided.

F. Additional requirements for child-care centers.

(1) Applicant shall provide evidence that an approved means of water supply and sewage disposal shall be provided to the center, in amounts adequate based on the number of children and employees to utilize such services at the center on a daily basis.

(2) At least one off-street parking space for each person employed, plus one off-street parking space for each six children to be served by the center, shall be provided.

(3) Passenger dropoff and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.

G. Additional requirements for family child-care homes. Family child-care homes must be conducted within detached dwellings having a minimum lot size of 20,000 square feet;

§ 205-64 Commercial produce operations.

A. Within the A Zone, commercial produce operations are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and the following specific criteria:

B. Minimum lot area: 10 acres, except that this may be reduced if the applicant can demonstrate compliance with the Pennsylvania Right-to-Farm Law;[1]

[1] Editor's Note: See 3 P.S. § 951 et seq.

C. The maximum permitted lot coverage is 30% (lot coverage shall mean all impervious surfaces);

D. If applicable, the applicant shall submit written evidence from the appropriate review that the proposed use has an approved nutrient management plan. All subsequent operations and activities shall be conducted in accordance with such plans. If, at any time, the nutrient management plan is amended, the applicant must again submit written evidence of plan approval to the Zoning Officer;

E. The applicant shall furnish evidence of his/her agricultural erosion and sedimentation pollution control plan under state law. All subsequent operations and activities shall be conducted in accordance with such plan;

F. The applicant shall abide by, and demonstrate a working knowledge of, those methods that will be employed to comply with the above-required nutrient management plan and conservation plan;

G. If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with § 205-29 of this chapter;

H. Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any adjoining property lines;

I. Any driveway or access drive providing for vehicular access to the proposed use shall be paved and shall maintain a fifty-foot-wide radius for all turns and intersections;

J. Any on-site materials and/or waste storage facilities shall comply with the requirements of § 205-32 of this chapter;

K. While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property;

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, if the facility is to rely upon nonpublic sources of water, a water feasibility study will 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 to estimate the impact of the new development on existing wells in the vicinity.

(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 the following information:

(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 a notation of the capacity of all high-yield wells;

(d) The location of all existing on-lot sewage disposal systems within 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) A determination of the long-term safe yield based on the geologic formation(s) underlying the site;

(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. Should the proposed use not make use of public water, and require more than 100,000 gallons of water per day, the applicant shall furnish written evidence of approval from the Susquehanna River Basin Commission;

N. The applicant shall be required to obtain an approved land development under the requirements of the SALDO;[2]

[2] Editor's Note: See Ch. 178, Subdivision and Land Development.

O. The applicant shall be required to submit a traffic impact study, in accordance with § 205-38 of this chapter;

P. The applicant shall be required to submit a written qualified plan for the removal of all buildings and the reclamation of all topsoil in the event of discontinuance of the commercial produce operation. If the site is graded during construction and operation of the commercial produce operation, all topsoil shall remain on the site in a manner which makes it conveniently accessible for reclamation. In lieu of building removal, the applicant can propose conversion of the building for agricultural purposes;

Q. The site shall include one off-street parking space for each employee during the largest work shift;

R. The applicant may conduct a roadside stand, as defined herein within one of the permanent buildings, but such use shall be limited to no more than 300 square feet of display area;

S. All buildings and storage/processing structures shall be set back at least 100 feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least 50 feet and screened from adjoining roads and properties;

T. One sign, as provided for in § 205-41, shall be permitted; and

U. The applicant shall be required to install and maintain a riparian buffer along any watercourse that is located upon the subject property according to those specifications listed in § 205-136 of this chapter.

§ 205-65 Commercial recreation facilities.

A. Within the BI Zone, commercial recreation facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. If the subject property contains more than two acres, it shall front on an arterial or collector road;

C. Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties;

D. Maximum permitted height for structures regulated by this section can exceed 45 feet, provided:

(1) That such structures shall not be used for occupancy:

(2) That the proposed structure is set back a horizontal distance at least equal to its height from each property line;

(3) The applicant must demonstrate that adequate emergency vehicles and equipment and/or employed fire suppression measures are available; and

(4) The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended;

E. The applicant shall furnish qualified written evidence regarding the character of the proposed use and management strategies to assure that activities conducted upon the site will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution;

F. Required parking will be determined based upon the types of activities proposed and the schedule listed in § 205-34 of this chapter. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

G. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion; and

H. Any outside pedestrian waiting lines shall be provided with a means of shade.

§ 205-66 Concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs).

A. Within the A Zone, concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs) are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those specifically as follows:

B. Any building, or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from any land within the LDR and MU Zones;

C. Any building, or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 150 feet from all permanent surface waters, wetland areas, and wells that provide water for human consumption;

D. Any new concentrated animal feeding operation and all expansions to existing operations shall be required to submit a plan for control of erosion and sedimentation prepared by a professional engineer and consistent with the requirements of the Nutrient Management Act.[1] This plan shall be required even if not required by the provisions of the Nutrient Management Act itself; All subsequent operations and activities shall be conducted in accordance with such plans. If at any time, the nutrient management plan is amended, the applicant must submit written evidence of plan approval to the Zoning Officer;

[1] Editor's Note: This Act was repealed 7-6-2005 by P.L. 112, N. 38, § 3. See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.

E. The applicant shall furnish evidence from the local field office of the Natural Resources and Conservation Service (NRCS) that the proposed use has a certified conservation plan that meets NRCS standards and specifications. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If, at any time, the conservation plan is amended, the applicant must again furnish evidence from the (NRCS) that the amended plan has been approved;

F. The applicant shall furnish evidence from the Cumberland County Conservation District that the proposed use has an approved Nutrient Management Plan. All subsequent operations and activities shall be conducted in accordance with such Nutrient Management Plan. If, at any time, the Nutrient Management Plan is amended, the applicant must again furnish evidence from the Cumberland County Conservation District that the amended plan has been approved;

G. The applicant shall submit and abide by written qualified evidence describing those methods that will be employed to:

(1) Minimize odor on nearby properties in accordance with an approved odor management plan under Pennsylvania Nutrient Management Act;

(2) Dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture. In the event of a catastrophic event in which mass disposal is warranted, the Pennsylvania Department of Agriculture can require whatever disposal methods are deemed appropriate to safeguard animal and public health; and

(3) Comply with the above-required nutrient management plan and conservation plan;

H. Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any adjoining property lines;

I. Any driveway or access drive providing for vehicular access to the proposed use shall maintain a fifty-foot-wide radius for all turns and intersections;

J. Any on-site manure storage facilities comply with the requirements of § 205-97 of this chapter;

K. All buildings used for the housing of livestock shall be fitted with a solid concrete slab or slotted floor;

L. The property whereupon the concentrated animal feeding operation is located shall be graded such that runoff from the area of the operation is not discharged onto surrounding properties, onto public roads, or into any permanent surface water;

M. Applicants for any new concentrated animal feeding operation and all expansions to existing such operations must demonstrate compliance with all state and federal regulations governing the specific operation; and

N. The applicant shall establish and maintain a riparian buffer along any watercourse that is located upon the subject property in accordance with § 205-136 of this chapter.

§ 205-67 Conservation design developments.

A. Within the C, A, MU and LDR Zones, conservation design developments are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter during the applicable subdivision and/or land development process:

B. Purpose. This use is intended to blend various residential development types amid substantial areas of the Township that are characterized by productive farmlands, natural sensitivity and/or public parklands. It is the express purpose that this section will offer the highest densities and the most flexible design standards available within each respective zone as enabled in the Act when a proposed development successfully integrates the preservation and protection of natural-cultural features and/or the provision of public accessible common open space.

C. Required common open space. Conservation design developments are characterized by required common open space as defined herein. In the case of conservation design developments that abut the A Zone and/or properties subject to permanent agricultural easement, applicants may opt to provide for future agricultural use common open space provided that the site planning considerations of § 205-14F of this chapter are followed and suitable permanent agricultural preservation easements are recorded in a form acceptable to the Township solicitor. Common open spaces can also be used for public utilities and public facilities provided such uses are suited, designed and operated in a manner compatible with the permanent protection of the common open space without adverse impact to the environment or the general public. The applicant shall be required to include a note on the record plan for any approved conservation design development that perpetually limits the use of proposed common open spaces for their approved purposes. The following lists the minimum common open space requirements for each zone in which conservation design developments are permitted:

Minimum Required Common Open Space
C Zone	A Zone	LDR Zone
50% of the total lot area*	65% of the total lot area*	35% of the total lot area*

NOTES:
*	This figure is the minimum permitted within a conservation design development; however, the extent and location of mandatory and suggested conservation features, golf courses and/or parklands as listed in § 205-67C(2), § 205-67C(3), § 205-67C(8) and § 205-67C(9), respectively, can increase the amount of common open space.

(1) Identification of required common open space. As part of the site planning process for conservation design developments, the applicant shall be required to conduct an investigation that identifies all natural and cultural features located on the subject property. Such investigation shall include literary research, aerial photograph interpretation and on-site verification. It is noted that the Township has preliminarily identified specific natural and cultural features as depicted upon the Dickinson Township Natural and Cultural Features Map which is incorporated as part of this chapter. However, other known sources and inventories shall also be used as needed (e.g., soil surveys, GIS data, topographic maps, geologic maps and reports, well drilling reports, etc.). Such investigation shall be comprehensive, detailed and conducted using professional and generally accepted practices by qualified personnel with demonstrated knowledge and expertise in the subject for each respective natural and/or cultural feature.

(2) Mandatory conservation features. The following features must be undisturbed and successfully integrated within the conservation design development's common open space:

(a) Floodplains as regulated by § 205-135 of this chapter;

(b) Riparian buffers as regulated by § 205-136 of this chapter;

(c) Wetlands, streams, ponds, or other waterways as regulated by § 205-137 of this chapter;

(d) Any area 500 square feet or larger with very steep slopes (greater than 25%) as regulated by § 205-138 of this chapter;

(e) Threatened or endangered species habitats, not required by the PNDI;

(f) Scenic river corridors as regulated by § 178-57 of the SALDO;[1] and

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

(g) The Appalachian Trail as regulated by § 205-139 of this chapter.

(3) Suggested conservation features. The following features should be undisturbed and successfully integrated within the conservation design development's common open space. Such features may only be excluded if an applicant can demonstrate to the satisfaction of the Board of Supervisors that their inclusion would reduce the effective development potential below that permitted by this chapter using all available dwelling unit types and mixes.

(a) Any area 500 square feet or larger with steep slopes (greater than 15%) as regulated by § 205-138 of this chapter;

(b) Significant geologic features;

(c) Scenic vistas;

(d) Natural habitats, as regulated by § 178-56 of the SALDO;[2]

[2] Editor's Note: See Ch. 178, Subdivision and Land Development.

(e) Carbonate Areas (such as sinkholes, caves, or rock outcroppings) as regulated by § 178-55 of the SALDO; and

(f) Historic and archaeological resources; and

(g) Significant stands of mature trees.

(4) Disputes over the presence/location of natural or cultural features. Should a dispute concerning the presence, extent and/or location of a particular natural or cultural feature arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 205-151E of this chapter. In such instances, the burden of proof shall rest with the applicant.

(5) Natural and cultural features site plan and report. Next, the applicant shall be required to prepare a detailed natural and cultural features site plan depicting the extent and location of the various natural and cultural features as regulated by this § 205-67C. Such natural and cultural features site plan shall be prepared to the specifications and at the same scale as required for a sketch/preliminary plan as regulated by the SALDO. In addition, the applicant shall prepare a report that demonstrates compliance with all applicable requirements of Article V of this chapter. Such natural and cultural features site plan and report shall be prepared by qualified personnel with demonstrated knowledge and expertise in the subject for each respective natural and/or cultural feature. The sources of all discovered natural and cultural features should be documented upon the natural and cultural features site plan and contained within the report as well as the qualifications of the preparer.

(6) Management report. Depending upon the presence of those natural and cultural features contained upon the site, the applicant shall be required to submit a written management report detailing the specific actions being employed to protect and manage the respective features. Such management report shall be prepared under the responsible charge of a Pennsylvania-licensed professional and shall be signed and sealed by such professional for each respective natural and/or cultural feature and include the following minimum requirements.

(a) Description of methods used to ensure the perpetual protection of those natural and cultural features contained on the site in accordance with the regulations of this Article V of this chapter.

(b) Description of methods used to protect those vulnerable natural and cultural features from grading and construction activities during any proposed development or disturbance on the site.

(c) Description of suitable long-term maintenance and management strategies of any required improvements, plantings, mitigating features and/or any other methods required under this Article V of this chapter.

(d) Description of ownership and maintenance responsibilities and methods to enforce compliance with the requirements of § 205-67C(10) of this chapter.

(7) Review of natural and cultural features site plan and report and management report. The natural and cultural features site plan and report and management report shall be submitted as part of the information to be shown on or submitted with subdivision and/or land development plans specified in Article III of the SALDO. Such materials shall be evaluated in accordance with the procedures contained within the SALDO.

(8) Golf courses. In addition, the applicant can include a proposed golf course subject to the requirements of § 205-83 of this chapter, provided such golf course is available for use by the general public or is only devoted for use by the residents of the conservation design development;

(9) Parklands. In addition, the applicant can include proposed parklands within required common open space (which may be counted towards the required mandatory dedication of parkland and open space as required within the SALDO) only if such parkland complies with the following:

(a) The parkland shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each site shall have at least one area available for vehicular access that is no less than 24 feet in width;

(b) The parkland shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ball fields, courts and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands should be provided, where practicable, as an expansion of the existing facility;

(c) The parkland shall have suitable topography and soil conditions for use and development as active play areas. No more than 25% of the site shall be comprised of floodplains, stormwater management facilities and/or slopes exceeding 3%. Any unimproved area of the site that will be used as open play area shall be provided with a healthy and vibrant grass ground cover;

(d) The parkland shall be located and designed to conveniently access needed proximate public utilities (e.g., sewer, water, power, etc.). However, no part of any overhead utility easement, nor any above ground protrusion of an underground utility should be permitted in active play areas of the site;

(e) No part of the parkland shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated by this chapter.

(10) A written description regarding common open space ownership and/or disposition shall be provided in accordance with § 205-23 of this chapter.

(11) Permanent protection of common open space. Required common open space shall be subject to permanent conservation easements in a form that is acceptable to the Township Solicitor. Such conservation easement shall limit future development and define the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as may be necessary to create trails or active recreation facilities.)

(12) Endowment of common open space and provision of desired trail features. The Board of Supervisors may grant a density bonus during the land development review of any conservation design development subject to the following conditions. The decision whether to offer a density bonus and the extent of any density bonus shall be at the sole discretion of the Board of Supervisors. Density bonuses shall only be granted to help defray the costs of:

(a) An endowment fund with suitable features and protections that ensure the perpetual management and maintenance of common open space that serves residents of the Township located beyond the confines of the proposed conservation design development; and/or

(b) The successful integration of an improved trail across the site that links with, and is part of, a larger community trail system identified within the Township Comprehensive Plan or any other local, county or regional plan that has been officially adopted or as otherwise determined to be suitable by the Board of Supervisors.

In order to assist the Board of Supervisors determine the extent to which a density bonus may be granted, the applicant shall be required to submit evidence of the additional costs incurred to accomplish the preceding objectives along with a calculation of the value of any proposed additional dwelling units that are being requested to defray the costs thereof.

D. Permitted densities within the C Zone. The following table shall be used to determine the permissible number of lots which may be subdivided, or the number of new dwelling units that may be established, respectively, within a conservation design development. The lot area calculation contained within the following table shall be based upon all contiguous land within the C Zone held in single and separate ownership, which was held by the landowner or his/her predecessor(s) in title on the effective date of this chapter. If land is added to the C Zone after the effective date of this chapter, the lot area calculation shall be based upon the contiguous land held in single and separate ownership on the date such land was first rezoned to the C Zone. For the purposes of this section, land held in single and separate ownership shall be considered to be contiguous regardless of whether:

(1) Such land is divided into one or more lots, parcels, purparts or tracts;

(2) Such land was acquired by the landowner at different times or by different deeds or other means; and

(3) Such land is separated by public or private streets or rights-of-way.

Lot Area (Acres)		Total Number of Permitted Lots and/or Dwellings That May Be Created
At Least	Less Than
5	8	5
8	11	6
11	14	7
14	17	8
17	20	9
20	23	10
23	26	11
26	29	12
29 or more	12, plus 1 per each 3 acres in excess of 29 acres

NOTES:
*	These densities are subject to the bonuses described in § 205-67C(12) of this chapter.

E. Permitted densities within the A Zone. The following table shall be used to determine the permissible number of lots which may be subdivided, or the number of new dwelling units that may be established, respectively, within a conservation design development. The lot area calculation contained within the following table shall be based upon all contiguous land within the A Zone held in single and separate ownership, which was held by the landowner or his/her predecessor(s) in title on the effective date of this chapter. If land is added to the A Zone after the effective date of this chapter, the lot area calculation shall be based upon the contiguous land held in single and separate ownership on the date such land was first rezoned to the A Zone. For the purposes of this section, land held in single and separate ownership shall be considered to be contiguous regardless of whether:

(1) Such land is divided into one or more lots, parcels, purparts or tracts;

(2) Such land was acquired by the landowner at different times or by different deeds or other means; and

(3) Such land is separated by public or private streets or rights-of-way.

Lot Area (Acres)		Total Number of Lots That May Be Subdivided and/or Dwellings That May Be Created
At Least	Less Than
2	5	2
5	10	3
10	20	4
20	30	5
30	40	6
40	50	7
50	60	8
60	70	9
70 or more		9, plus 1 per each 10 acres in excess of 70 acres

NOTES:
*	These densities are subject to the bonuses described in § 205-67C(12) of this chapter.

F. Permitted densities within the LDR Zone. The maximum permitted density within conservation design developments within the LDR Zone shall be one dwelling unit per acre of lot area.

G. Required ratio housing types. The following tabulates the percentages of permitted residential structure types within conservation design developments by the amount of proposed common open space:

		Percentage of Dwelling Units Required by Structural Type
Zone	Minimum Proposed Common Open Space (% of Total Site Area)	Single-Family Detached	Duplex	Townhouses or Multiple-Family Dwellings
C	Minimum 50%	No less than 100%	NA	NA
	Minimum 60%	No less than 75%	No more than 25%	No more than 25%
	Minimum 70%	No less than 50%	No more than 50%	No more than 50%
A	Minimum 65%	No less than 100%	NA	NA
	Minimum 75%	No less than 75%	No more than 25%	No more than 25%
	Minimum 85%	No less than 50%	No more than 50%	No more than 50%
LDR	Minimum 30%	No less than 100%	NA	NA
	Minimum 40%	No less than 75%	No more than 25%	No more than 25%
	Minimum 50%	No less than 50%	No more than 50%	No more than 50%

H. Required design standards. The following table and its footnotes present applicable design standards applied to the various dwellings/lots:

Figure 205-67H, Conservation Design Development Design Standards
						Minimum Required Yards4,6
Use	Minimum Lot Area	Maxi- mum Permitted Height	Minimum Lot Width at Building Setback and Frontage		Maxi- mum Lot Coverage	Front3	One Side	Both Sides	Rear
Developments with on-lot sewer and on-lot water5
Single-family detached dwelling	43,560 square feet	35 feet	150 feet	100 feet	30%	35 feet	15 feet3	30 feet	30 feet
Developments with on-lot sewer and public water, or public sewer and on-lot water5
Single-family detached dwelling	32,000 square feet	35 feet	120 feet	80 feet	35%	35 feet	10 feet3	20 feet	25 feet
Developments with public sewer and public water
Single-family detached dwelling	10,000 square feet	35 feet	80 feet	65 feet	40%	25 feet	5 feet3	10 feet	15 feet
Duplexes	3,500 square feet per unit6	35 feet	45 feet/unit	40 feet/unit	60%	25 feet	10 feet	N/A	15 feet
Town- houses1	2,400 square feet per unit6	35 feet	24 feet	24 feet/unit	70%	25 feet	10 feet	(End units)	15 feet
Multiple-family2	43,560 square feet6	35 feet	150 feet	200 feet	60%	35 feet	30 feet	60 feet	35 feet

NOTES:
1	No townhouse building shall contain more than eight units. For each townhouse building containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drives, or parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the conservation design development site. In those instances where several townhouse buildings are located on the same lot, the following footnote 2 shall apply.
2	In those instances where several multiple-family dwelling buildings and/or townhouse buildings are located on the same lot, the following separation distances will be provided between each building:
	a. Front to front, rear to rear, or front to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end.
	b. A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
	c. A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
	d. All multiple-family dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands. All multiple-family dwelling buildings shall be set back at least 30 feet from any perimeter boundary of the conservation design development site.
3	If the property abuts an arterial road, the minimum front yard setback shall be 40 feet from the right-of-way line. Except for multiple-family dwellings, the minimum front yard setback for accessory residential garages shall be 20 feet.
4	No part of a principal residence or other principal building shall be located within 100 feet of any adjoining property within the Agricultural Zone, unless such adjoining property is developed for non-agricultural purposes. No part of a residential or other accessory structure shall be located within 15 feet of any adjoining property within the Agricultural Zone, unless such adjoining property is developed for nonagricultural purposes.
5	All uses relying upon on-lot sewers shall comply with § 205-42 of this chapter.
6	All accessory structures shall comply with the applicable setbacks listed in the underlying zone.

§ 205-68 Convenience stores.

A. Within the BI Zone, convenience stores are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those specifically as follows:

B. All uses must comply with applicable standards contained throughout this chapter. When any of the following uses require a special exception or conditional use, such approvals shall be obtained prior to application for the zoning permit for the convenience store. The zoning permit must also demonstrate compliance with any conditions of approval imposed upon any of the specific uses. The following lists some of those typically associated with convenience stores and their respective requirements:

Use	Section No.
Gas station	411
Car wash	417

C. The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

D. The convenience store shall provide for one off-street parking space for each 350 square feet of gross floor area; and

E. An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

F. A convenience store may include the following activities, subject to any additional approvals as noted below if they are conducted as part of the convenience store:

(1) Retail sales of books, magazines, videos, software, and video games, provided that adult entertainment uses are expressly prohibited;

(2) Automatic bank teller machines;

(3) Photomats and film development drop-off sites;

(4) Lottery sales counters and machines;

(5) Propane fuel sales within no larger than twenty-pound tanks which must be stored outside of the building at all times;

(6) Car washes, subject to the requirements of § 205-59 of this chapter; and

(7) Mail parcel delivery dropoff sites.

§ 205-69 Convention and/or conference centers.

A. Within the BI Zone, convention and/or conference centers are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Convention and/or conference centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development (e.g., shared parking, signage, access, lighting, stormwater management, etc.) to serve those persons or groups of persons attending the convention and/or conference center, and not the general public:

(1) Offices;

(2) Meeting rooms and auditoriums;

(3) Banquet and social halls;

(4) Indoor theaters and arenas;

(5) Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, but excluding adult-related uses);

(6) Commercial day care facilities;

(7) Information centers and booths; and

(8) Outdoor activities provided that no such activities shall be conducted upon any area of required off-street parking or off-street loading, including, but not limited to, outdoor amusements, shows for automobiles, consumer goods, agricultural equipment, supplies and livestock, sports equipment, boats, home and building materials and landscaping, community festivals, carnivals, circuses, concerts and other similar events.

C. Minimum lot area: 10 acres;

D. The applicant must demonstrate that adequate means of sewage disposal and water supply will serve the proposed use;

E. The subject property shall provide a suitable means of vehicular access that conveniently connects to an arterial or collector road;

F. Required parking will be determined based upon a combination of the types of activities proposed, and § 205-34 of this chapter. In addition, an unimproved, grassed, overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations;

G. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Township determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Township can require the applicant to revise means to relieve the undue congestion;

H. Any outside pedestrian waiting lines shall be provided with a means of shade;

I. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution. All lighting on the site must comply with § 205-29 of this chapter;

J. Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted;

K. A traffic impact study shall be prepared in accordance with § 205-38 of this chapter;

L. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines. Any noise generated on the site must comply with § 205-30 of this chapter;

M. The convention and/or conference center is eligible to utilize planned center signage, as listed in § 205-41 of this chapter; and

N. All uses within the convention and/or conference center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.

§ 205-70 Composting.

A. Within the C, A, LDR, and MU Zones, one compost area/pile is a permitted accessory use to a residence, subject to the following requirements:

B. The placement of a framed enclosure for composting is subject to all residential accessory use setbacks.

C. Only waste materials from the on-site residence shall be deposited within the compost enclosure;

D. In no case shall meat or meat by-products be composted; and

E. All composting enclosures shall be maintained such that they will not create a nuisance to nearby properties.

§ 205-71 Restaurants.

A. Within the BI Zone, restaurants are permitted by right, provided that the owner/occupier complies with all applicable regulations contained within this chapter including but not limited to this section, and within the MU Zone, restaurants are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows.

B. Exterior trash/recycling receptacles shall be provided and routinely emptied so to prevent the scattering of litter.

C. All drive-through window lanes shall be separated from the parking lot's interior driveways and shall provide at least 200 feet of on-site stacking per lane, preceding the food order location. Furthermore, each drive-through lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open vs. closed).

D. Any exterior speaker/microphone shall be arranged, operated and/or screened to comply with § 205-35 of this chapter, including any referenced or incorporated ordinance.

E. Requirements for off-street parking and the design and construction of all off-street parking areas and access drives shall be in compliance with the regulations of this chapter.

F. All off-street loading and service areas shall be screened from the street and adjacent properties in accordance with the regulations of this chapter.

G. All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence.

H. All lighting systems shall be arranged, operated and/or screened to comply with § 205-29 of this chapter.

§ 205-72 Dry cleaners, laundries and laundromats.

A. Within the MI and BI Zones, dry cleaners, laundries and laundromats are permitted by right as personal services, provided that the owner/occupier complies with all applicable regulations contained within this chapter including but not limited to the following:

B. The applicant must demonstrate that adequate means of sewage disposal and water supply will serve the proposed use;

C. All activities shall be conducted within a completely enclosed building;

D. During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed; and

E. Any exhaust ventilation equipment shall be directed away from any adjoining residential use.

§ 205-73 Temporary family housing.

A. Within the C, A, MU, and LDR Zones, one temporary family housing unit, as defined herein, is permitted by right as an accessory use to one principal dwelling unit subject to the following requirements:

B. Minimum lot area: one acre and the temporary family housing unit shall be of portable construction and may not exceed 900 square feet of floor area;

C. The total building coverage for the principal dwelling, any existing accessory structures and the temporary family housing unit together shall not exceed the maximum lot coverage requirement for the respective zone;

D. The temporary family housing unit shall be occupied by:

(1) One adult individual, or a handicapped and/or a disabled person, any of which are related by blood, marriage or adoption to the occupants of the principal dwelling; or

(2) The caregiver who is related by blood, marriage or adoption to the handicapped or disabled occupant(s) of the principal dwelling, or an unrelated care giver who provides for care on a full-time basis;

E. The temporary family housing unit shall be occupied by a maximum of two people;

F. For sewage disposal and water supply and all other utilities, the temporary family housing unit shall be physically connected to those systems serving the principal dwelling; no separate utility systems or connections shall be constructed or used, unless required by the PA DEP. All connections shall meet the applicable utility company standards. If on-site sewer or water systems are to be used, the applicant shall submit evidence that the total number of occupants in both the principal dwelling and the temporary family housing unit will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the sewage enforcement officer;

G. A minimum of one all-weather, off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the temporary family housing unit, in addition to that required for the principal dwelling;

H. Unless provided within an existing building, the temporary family housing unit shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses;

I. The temporary family housing unit shall be removed from the property within three months after it is no longer occupied by a person who qualifies for the use. The applicant shall be required to post a bond with the Township for a value equal to the cost of lawful removal of the use from the property, prior to issuance of a zoning permit for the proposed use; and

J. Upon the proper installation of the temporary family housing unit, the Zoning Officer shall issue a temporary zoning permit. Such temporary zoning permit shall be reviewed by the Zoning Officer every 12 months for renewal, until such time as the temporary family housing unit is required to be removed. In any review for renewal the Zoning Officer finds the temporary family housing unit does not comply with all applicable zoning regulations, including this § 205-73, the Zoning Officer may revoke such temporary zoning permit, requiring immediate removal of the temporary family housing unit. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.

§ 205-74 Group homes.

A. Within the MU, MI and BI Zones, group homes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically, as follows:

B. Supervision. There shall be adequate supervision as needed by an adequate number of person(s) trained in the field for which the group home is intended. Such adequacy shall be determined by the Pennsylvania Department of Public Welfare.

C. Certification. Any group home involving three or more unrelated persons living in a dwelling unit or that is otherwise required to be licensed or certified under any applicable state, county or federal program shall be certified or licensed, as applicable, as a condition of Township approval. A copy of any such license or certification shall be filed with the Township and shall be required to be shown to the Zoning Officer upon request. The group home shall notify the Township, in writing, within 14 days if there is a change in the type of clients, the sponsoring agency, the maximum number of residents or if an applicable certification/license expires, is suspended or is withdrawn.

D. Registration. For fire and safety purposes, the group home shall register with the Township its location, sponsoring agency, general type of treatment/care, maximum number of residents permitted and the exact location of the bedrooms of the individuals who need assistance with evacuation in the event of any actual fire. Such information shall be available for public review upon request.

E. Parking. One off-street parking space per occupant shall be provided for the dwelling unit and one off-street parking space shall be provided for each employee on duty at any one time.

F. The use shall not meet the definition of a boardinghouse. A group home shall not house persons who can reasonably be considered to be a physical threat to others, as determined by the Pennsylvania Department of Public Welfare.

G. The number of persons who may reside in a group home shall not restrict or include bona fide employees who are needed in the group home to supervise and care for residents.

H. Any group home shall comply with all building codes, including but not limited to the Uniform Construction Code requirements applicable to said occupancy classification prior to occupancy.

§ 205-75 Farm occupations.

A. Within the C, A and MU Zones, farm occupations, as defined herein, if conducted as an accessory use to a principal agricultural use of the property are permitted by right subject to the following requirements:

B. Residents and up to four nonresidents may be employed by the farm occupation;

C. The use must be conducted within one completely enclosed building. Where practicable the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings, or must be no less than 100 feet from any adjoining roads or properties;

D. Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued;

E. No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 300 feet of any adjoining land within an LDR or MU Zone. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line;

F. The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any access drive serving the farm occupation and the farm shall not be calculated as land serving the farm occupation;

G. No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces;

H. Any sign used for a farm occupation shall not exceed eight square feet in size;

I. For farm parcels of up to 50 acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted; and

J. The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum include, copies of contracts with waste haulers licensed to operate within Cumberland County, which have been contracted to dispose of the materials and wastes used, or generated, on-site or some other legal means of disposal. The zoning permit for this use shall remain valid, only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the farm occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the farm occupation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

K. The applicant shall submit the following signed and notarized statement:

"I understand that this use has prescribed limitations that are imposed to protect the rural character of the Township. I also recognize that continued success of my business that requires expansion beyond such limitations at this location would constitute a zoning violation. Should expansion beyond these limitations occur, I will be required to find another, more suitable, location with the appropriate zoning."

§ 205-76 Farmers and/or flea markets.

A. Within the BI Zone, farmers and/or flea markets are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables, or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above;

C. The retail sales area shall be set back at least 50 feet form all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;

D. Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area and shall be designed and used in accordance with § 205-34 of this chapter. No required off-street parking spaces shall be used for the display and/or storage of items for sale;

E. Off-street loading shall be provided at the rate similar to that imposed on retail sales as listed in § 205-33 of this chapter. The retail sales area, as described above, shall be used to calculate needed loading space(s);

F. All outdoor display and sale of merchandise shall occur between official sunrise and no later than one hour prior to official sunset;

G. Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties and the applicant shall demonstrate compliance with § 205-35 of this chapter, including all referenced and incorporated ordinances;

H. All lighting systems shall be arranged, operated and/or screened to comply with § 205-29 of this chapter; and

I. Trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of an acceptable working plan for the clean-up of litter.

§ 205-77 Fences and walls.

A. Within the C, A, LDR and MU Zones, fences and walls are permitted by right as accessory uses within required yard areas, provided that no fence or wall (except agricultural, required junkyard, athletic court, outdoor shooting range walls or fences, or a retaining walls as noted below) shall be erected to a height of more than:

(1) Three feet in a front yard; except that fences and walls erected upon reverse frontage lots may extend up to height of six feet within those yards that do not contain vehicular access onto an adjoining road; and

(2) Six feet in any side or rear yard.

B. Within the MI and BI Zones, fences and walls are permitted by right as accessory uses, provided that no fence or wall (except agricultural, required junkyard or tennis court walls or fences, or a retaining walls as noted below in § 205-77D) shall be erected to a height of more than 10 feet in any yard.

C. No fence or wall shall interfere with the required clear sight triangles in §§ 205-20, 303 and 205-24C of this chapter;

D. The use of retaining walls higher than three feet up to a maximum height of 12 feet is permitted, subject to the following findings:

(1) That the proposed height of the retaining wall is necessary to facilitate an efficient use of the site and/or protect an important or sensitive natural or cultural feature of the site;

(2) That the applicant has submitted written expert evidence from a professional engineer registered to practice within the Commonwealth of Pennsylvania that the proposed retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern and/or underground utility lines nor interfere with their rights-of-way;

(3) That the applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and/or vehicle movement areas to ensure adequate vehicle and pedestrian safety; and

(4) That the base of the retaining wall is set back a horizontal distance at least equal to its height from each property line.

E. The use of barbed wire and electric fences are expressly prohibited in the LDR Zone.

F. Fences and walls shall be constructed of durable materials suited for its purpose and the use of discarded materials, vehicles, and appliances is prohibited. No wall or fence shall be constructed of corrugated metal, corrugated fiberglass, or sheet metal.

G. All fences and walls shall be erected and maintained in an upright, safe, and sound condition.

§ 205-78 Fish hatcheries and/or fish farms.

A. Within the C and A Zone, fish hatcheries and/or fish farms are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The applicant must furnish evidence of receipt of an approved artificial propagation license from the Pennsylvania Department of Agriculture, Bureau of Animal Health.

C. A written plan that describes the methods used to: 1) contain and prevent animal escape; 2) dispose of deceased animals in compliance with applicable state laws; 3) handle and dispose of animal wastes in a manner that is compatible with surrounding uses both on and off of the site; and 4) offer the humane treatment and care of animals at all times.

§ 205-79 Medical marijuana facilities.

A. Within the BI Zone, medical marijuana facilities, which include both medical marijuana dispensaries and medical marijuana grower/processor facilities, are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Applicant shall establish that it complies with all requirements, including without limitation planning and land use requirements, as set forth in the Medical Marijuana Act, as may be amended,[1] for either a dispensary or grower/processor, as may be applicable to the proposed use.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

C. No medical marijuana facility shall be located within 1,000 feet of any church, school, day care, or residential property.

D. Any application for a medical marijuana facility shall be accompanied by a security plan addressing the safety and security of the physical facility, personnel, and the public.

E. A medical marijuana dispensary may sell, along with medical marijuana, medical devices and instruments which are needed to administer medical marijuana.

§ 205-80 Freestanding communication antennas, towers and equipment.

A. Within the C, A, MI and BI Zones, freestanding communication antennas, towers and equipment are permitted as an accessory use by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Prerequisite co-location analysis.

(1) Approval of a new freestanding communication antenna, tower and equipment will only be permitted after qualified expert demonstration by the applicant that no other opportunity exists within a two-mile radius of the proposed site to co-locate such antenna onto any of the following:

(a) Utility transmission towers;

(b) Observation towers;

(c) Communication towers;

(d) Silos;

(e) Steeples;

(f) Smokestacks;

(g) Water towers;

(h) Flagpoles; and

(i) Other similar structures.

(2) In order to demonstrate compliance with this section, the applicant must prepare and submit an inventory map of all such co-location opportunities within a two-mile radius of the proposed site and list the specific reason why each co-location site is not possible, for one or more of the following reasons:

(a) Written refusal by current tower owner to accommodate proposed antenna;

(b) Topographic limitations that prevent adequate transmission coverage;

(c) Adjacent impediments blocking adequate transmission coverage;

(d) Technical limitations of the system that prevent adequate transmission coverage;

(e) Proposed antenna exceeds structural capacity of structure or tower;

(f) Inadequate space on structure or tower;

(g) Reserved space on existing structure or tower for other antennas; and/or

(h) Other specifically described limiting factors rendering existing structure or tower unusable.

(3) To the extent the applicant is not the fee simple owner of the property at which the communication antenna or tower is proposed, the applicant shall submit a copy of the written agreement with the landowner upon whose property the antenna or tower is to be constructed.

C. Siting requirements. The applicant shall demonstrate, using technical evidence, that the proposed location is necessary for the efficient operation of the system. All other uses associated with the communication antenna or tower, such as a business office, maintenance depot, business sign, or vehicle storage, shall not be located on the site, unless the use is otherwise permitted in the zone in which the site is located;

D. Future co-location requirements. In order to reduce the number of towers needed in the Township in the future, any proposed new tower or other support structure shall be designed to accommodate other co-located antennas, including, but not limited to, police, fire and emergency services;

E. Required antenna towers. Except as provided below, a monopole antenna tower shall be required when new towers are proposed, unless the applicant can conclusively demonstrate that:

(1) The cost of erecting a monopole would preclude the provision of adequate service to the public;

(2) The use of a monopole would produce an unsafe antenna support structure at the proposed location;

(3) The proposed alternative antenna structure would have the least adverse visual impact on the environment and surroundings; and/or

(4) The proposed alternative antenna support structure is more architecturally compatible with surrounding uses and blends in better with the existing characteristics of the site and its surroundings.

F. Permitted height. The applicant shall submit expert testimony that the communication antenna or tower is the minimum height required to function satisfactorily. In no case shall an antenna or tower exceed 199 feet in height;

G. Required setbacks. Any communication antenna or tower shall be set back from each property line a distance equal to its height, plus 50 feet. This setback shall also be applicable to guy wire anchors for the communication antenna or tower. No antenna or tower shall be located within 500 horizontal feet of:

(1) Any land within the LDR and MU Zones;

(2) The nearest property line of any existing residence;

(3) The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed; and

(4) The nearest property line of any lot proposed for residential purposes that has been submitted for preliminary or final subdivision approval.

H. Required finishes and lighting. Communication antennas or towers shall be painted with silver or gray paint or have a galvanized finish in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees, to lessen visual impact. No communication antenna or tower may be artificially lighted, except when required by the Federal Aviation Administration, state regulations or by Township requirements;

I. Anticlimbing requirements. All communication antennas or towers shall be fitted with anticlimbing devices, as approved by the manufacturers;

J. Compliance with communication requirements. The applicant shall be required to demonstrate that it is licensed by the Federal Communications Commission to operate the proposed use and that it will comply with the applicable standards governing human exposure to electromagnetic radiation by the Federal Communications Commission. The applicant shall also demonstrate compliance with guidelines recommended by the American National Standard Institute (ANSI) (ANSI/EEEC95-1-1992) with respect to radio frequency emissions;

K. Compliance with aviation requirements. The applicant shall demonstrate that the proposed use will comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation regulations;

L. Required historic site findings. In accordance with Section 106 of the National Historic Preservation Act as an undertaking requiring a federal permit, license or approval, the applicant shall be required to obtain a letter of determination from the State Historic Preservation Office of the Pennsylvania Historical and Museum Commission, determining that the proposed use will not adversely affect any historic resources;

M. Required construction certification. The applicant shall furnish a sealed statement from a registered engineer that the support methods employed will prevent the collapse, toppling or falling of the communication antenna or tower, or portion thereof, and will prevent the wind-borne scattering of ice onto adjoining properties and/or roads;

N. Required fencing and signage. All communication antennas or towers and guy wire anchors shall be completely enclosed by a minimum eight-foot high non-climbable fence. All ground-mounted satellite dishes that are used to transmit video format data shall also require prominent posting on the fence of signage warning of dangerous radiation levels. Any gates within the fence shall be self-closing and shall be locked when the site is unattended;

O. Required parking. If a tower site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event, may not be less than two off-street parking spaces;

P. Required landscaping. The applicant shall be required to provide landscaped screening, as defined herein, around the ground-level features of the proposed use (e.g., tower base, fence, parking and loading, related buildings, guy wire anchors, etc.). In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible;

Q. Required removal plan. The applicant shall submit a plan for the removal of the communication antenna when it becomes functionally obsolete or is no longer in use. The applicant shall be responsible for the removal of the antenna within three months from the date it ceases operation or the antenna becomes obsolete;

R. Required as-built plan. Prior to issuance of a certificate of use and occupancy, the applicant shall be required to submit an as-built site plan, prepared by either a registered surveyor or a professional engineer, depicting elevations, the communication antenna or tower, buildings, fences, screening, access, and any accessory structures; and

S. Required certificate of insurance. The applicant shall submit and keep on file, with the Township, a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the 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 communications tower and communications antennas.

T. Required biennial inspection. Beginning in December of 2018, and by December 1 of each even-numbered year thereafter, any approved communication antenna or tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of such antennas or towers. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures." A copy of said inspection report shall be provided to the Township, along with a review fee in the amount to be determined by resolution by the Board of Supervisors. Failure to provide this inspection report and review fee shall constitute a violation of this chapter.

§ 205-81 Funeral homes.

A. Within the MU Zone, funeral homes are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. One off-street parking space shall be provided for each 50 square feet of gross floor area shall be designed to prevent back-ups onto adjoining roads; the applicant shall describe what measure will be used to prevent backups (e.g., overflow parking, parking attendants, etc.) to prevent such backups;

C. All parking areas shall be setback at least 10 feet from adjoining lot lines, and no joint off-street parking areas shall be permitted.

§ 205-82 Garage/yard/moving sales.

A. Within the C, A, LDR and MU Zones, and upon properties with principal residential dwelling units, garage, yard and/or moving sales are an accessory permitted use, subject to the following standards:

B. Such sales may only be conducted by an owner or occupant of a lot.

C. No more than three total sales may be conducted during any calendar year.

D. No garage/yard/moving sale shall be conducted for a period longer than three consecutive days. No garage/yard/moving sale shall be conducted on a Sunday.

E. Such sales may offer personal possessions for sale; no import or stocking of inventory shall be permitted.

F. Only one sign, not to exceed four square feet in area, shall be permitted to advertise the garage/yard sale. Said sign shall be located on the lot where the sale occurs and shall be removed within six hours of the completion of the sale.

G. In no case shall any aspect of the garage/yard sale be conducted in the street right of way.

H. The conduct of a garage/yard/moving sale beyond the extent described herein represents a commercial business and shall require appropriate zoning authorization.

§ 205-83 Golf courses and driving ranges.

A. Within the C, A and MU Zones, golf courses and driving ranges are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically set forth below. While golf courses must comply with all of the following criteria, freestanding driving ranges (not provided as part of a golf course) must only comply with § 205-83B, C, F, and J.

B. In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway, and all driving ranges shall be designed to include fencing (with a minimum height of 50 feet) along roads and adjacent buildings within 100 feet of any golf ball landing area on a driving range.

C. Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.

(1) The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform to the following:

(a) Each crossing shall be perpendicular to the traffic movements;

(b) Only one street, access drive or driveway may be crossed at each location;

(c) No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection;

(d) The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path, five feet from the edge of the roadway. No permanent obstruction over 30 inches high shall be placed within this area;

(e) Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 205-22 of this chapter;

(f) The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing;

(g) Golf path crossings shall be signed, warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes; and

(h) Golf path crossings of collector or arterial streets shall consist of a tunnel or bridge that is not located at street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.

D. All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.

E. Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:

(1) Clubhouse, which may consist of:

(a) Restaurant, snack bar, lounge, and banquet facilities;

(b) Locker and restrooms;

(c) Pro shop;

(d) Administrative offices;

(e) Golf cart and maintenance equipment storage and service facilities;

(f) Guest lodging for those using the golf course, provided:

[1] No lodging units have separate exterior means of ingress/egress;

[2] All lodging units shall be contained within the main clubhouse; and

[3] Such guest lodging shall have a total occupancy of no more than 20 persons;

(g) Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;

(h) Game rooms, including card tables, billiards, ping-pong, and other similar table games; and

(i) Baby-sitting rooms and connected fence-enclosed playlots.

(2) Accessory recreation amenities located outside of a building, including:

(a) Driving range, provided that no lighting is utilized;

(b) Practice putting greens;

(c) Swimming pools;

(d) Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;

(e) Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers' courses;

(f) Picnic pavilions, picnic tables, park benches, and barbecue pits;

(g) Hiking, biking, horseback riding, and cross-country ski trails; and

(h) Playground equipment and play lot games, including four square, dodgeball, tetherball, and hopscotch.

(3) Freestanding maintenance equipment and supply buildings and storage yards.

F. All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.

G. 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 municipal system will supply the water needed.

H. If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality 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. A water feasibility study shall include the following information:

(1) Calculations of the projected water needs;

(2) A geologic map of the area with a radius of at least one mile from the site;

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7) 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

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

I. 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.

J. The applicant shall demonstrate that proposed lighting will comply with § 205-29 of this chapter.

§ 205-84 Health, fitness, social, fraternal and other private clubs.

A. Within the MU and BI Zones, health, fitness, social, fraternal and other private clubs are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

C. Off-street parking shall be provided, as required by the combination of elements comprising the use, including accessory uses in accordance with § 205-34 of this chapter;

D. All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines;

E. Any accessory eating, or retail use, shall not be directly accessible without passing through the main clubhouse building;

F. All lighting (including but not limited to outdoor recreation areas) shall be designed and arranged to comply with § 205-29 of this chapter;

G. If an exterior amplified public address system is to be utilized, the applicant shall submit qualified expert evidence that the proposed public address system will be designed and operated in a manner to comply with § 205-35 of this chapter, including any referenced and incorporated ordinances.

H. An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant; and

I. This use shall expressly exclude adult uses, casinos, nightclubs, off-track betting parlors and outdoor shooting ranges.

§ 205-85 Heavy equipment and/or commercial truck sales, service and/or repair facilities.

A. Within the BI Zone, heavy equipment and/or commercial truck sales, service and/or repair service facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. All service and/or repair activities shall be conducted within a completely enclosed building;

C. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

D. No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded, as part of the service or repair operation, shall be permitted. All exterior storage and/or display areas shall be screened from adjoining properties within the LDR and MU Zones. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines, and shall be covered in an all-weather, dust-free surface;

E. The demolition or junking of vehicles, boats, machinery, trucks, trailers, mobile homes, and heavy equipment vehicles, and/or parts thereof, on the property is prohibited;

F. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within the LDR and MU Zones;

G. All vehicles shall be repaired and removed from the premises promptly and no vehicle shall remain on the site for more than 45 days unless it is stored within a completely enclosed building; and

H. The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 205-86 Heavy industrial uses.

A. Within the MI and BI Zones, heavy industrial uses, as defined herein, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1) The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2) The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;

(3) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of §§ 205-29, 205-32 and 205-35 (including all referenced and incorporated ordinances) of this chapter; and

(4) A traffic impact study prepared by a professional traffic engineer, according to § 205-38 of this chapter.

C. Any use where diesel operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

§ 205-87 Helicopter pads, private.

A. Within the MI and BI Zones, helicopter pads, private as an accessory use are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;

C. The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application;

D. The applicant shall furnish evidence of the techniques that will be used to employ "fly-neighborly" guidelines to avoid adverse audio-visual impacts to nearby residents and livestock;

E. No part of the takeoff/landing pad shall be located nearer than 300 feet from any property line; and

F. The heliport may include auxiliary facilities, such as fueling and maintenance equipment.

§ 205-88 Historic structure conversions.

A. Within the C, A, LDR, MU and MI Zones, historic structure conversions are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The proposed use will enable the preservation, restoration or rehabilitation of the historic structure, as defined herein. The applicant is required to submit expert evidence that any alterations, improvements, extensions, additions or other modifications to the historic structure will be accomplished in a manner that does not jeopardize the historic status of the site and/or its structures. The applicant shall be required to participate in a meeting with the Pennsylvania Historic and Museum Commission (PHMC) or the Cumberland County Historical Society (ACHS) according to § 205-140C(2) of this chapter and present the PHMC's/ACHS's written findings as part of the special exception application for this use;

C. The proposed use is compatible with the surrounding area. In determining compatibility, the likely impacts of the proposed use including but not limited to traffic, lighting, noise, litter, activity levels, buffer and screen plantings, signs, hours of operation and the number of proposed employees shall be considered. In addition, any public health and safety impacts that will be generated by the proposed use shall also be considered. All uses must demonstrate adequate means of water supply and sewage disposal. These characteristics of the proposed use will be evaluated within the context of the property considering the nature and character of the surrounding area, topography, pedestrian and vehicular access, and any other relevant factors or circumstances;

D. The proposed use is consistent with the purpose of the underlying zone and it satisfies all applicable requirements of the underlying zone and any specific criteria attached to the proposed use as listed within this Article IV of this chapter. Any proposed use that is incompatible with the zone and the neighborhood in which the subject property is located shall be denied. As required, land development approvals must be obtained;

E. All proposed off-street parking, off-street loading and waste storage containers shall be screened from adjoining roads, residences and properties within the LDR and MU Zones; and

F. Notwithstanding other regulations contained elsewhere within this chapter no more than one sign shall be permitted containing up to a maximum eight square feet and is located at least 10 feet from each lot line.

§ 205-89 Home improvement and building supply stores.

A. Within the BI Zones, home improvement and building supply stores are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining roads and properties;

C. If the subject property contains more than two acres, it shall front along an arterial or collector road;

D. The retail sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas, as listed above;

E. Off-street parking shall be provided at the rate of one space for each 250 square feet of interior retail sales area, plus one space for each 500 square feet of exterior retail sales area;

F. All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence;

G. The applicant shall furnish expert evidence that any exterior amplified public address system has been arranged and designed so as to comply with § 205-35 of this chapter, including any referenced and incorporated ordinance;

H. The applicant shall furnish expert evidence that any exterior lighting has been arranged and designed so as to comply with § 205-29 of this chapter;

I. Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building;

J. For uses upon properties greater than one acre, the applicant shall submit a traffic impact study, as governed by § 205-38 of this chapter; and

K. The applicant shall submit an acceptable working plan for the collection, recycling and disposal of litter and wastes.

§ 205-90 Home occupations.

A. Within the C, A, LDR and MU Zones, home occupations, as defined herein, if conducted as an accessory use to a principal residence, are permitted by right subject to the following requirements:

B. Up to two nonresident employees shall be permitted;

C. No more than one home occupation may be located in any dwelling unit;

D. The home occupation shall not alter the appearance of the building as a dwelling unit;

E. No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes;

F. No sales of any goods or merchandise shall occur on the premises that would require customer visitation to the site, other than those goods or merchandise which are produced on the premises;

G. No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress or tailor;

H. No goods shall be displayed so as to be visible from the exterior of the premises;

I. Home occupations shall be limited to not more than 25% of the floor area of the dwelling unit;

J. No accessory building or structure shall be utilized as a home occupation, except that an accessory building or structure may be used as storage area for the home occupation, provided that said area shall be included in the total area permitted for a home occupation use, and further, that no such accessory building or structure shall be accessible to the public for business purposes;

K. In addition to the required parking spaces for the dwelling unit, one parking space for each nonresident employee and patron on site at one time shall be provided;

L. Only one sign advertising a home occupation shall be permitted. Such sign shall not be illuminated and shall be limited to eight square feet in display area. Signs located within 100 feet of a road cartway may not be a freestanding sign as defined herein;

M. The applicant shall submit evidence of all applicable state approvals; and

N. The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum include, copies of contracts with waste haulers licensed to operate within Cumberland County, which have been contracted to dispose of the materials and wastes used, or generated, on-site or some other legal means of disposal. The zoning permit for this use shall remain valid, only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the home occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the home occupation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

§ 205-91 Hospitals with related uses.

A. Within the BI Zone, hospitals with related uses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Minimum lot area: five acres;

C. The subject property shall have frontage along an arterial or collector road;

D. Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency vehicles and equipment;

E. Emergency entrances shall be located on a building wall which faces away from adjoining residential properties or properties within the (LDR and MU) Zones, or separated by at least 300 feet from properties within the (LDR and MU) Zones;

F. The applicant shall submit a traffic impact study, as governed by § 205-38 of this chapter;

G. The applicant is required to submit written information indicating that adequate provision shall be made for the collection, disposal and recycling of garbage, trash, and medical and hazardous waste;

H. Where more than one of the uses enumerated in § 205-91I below are proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment;

I. The following uses are expressly permitted, provided they are designed, located and operated in a manner that supports the overall hospital use and campus:

(1) Commercial day-care facilities;

(2) Commercial schools with exclusively health-care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;

(3) Health and fitness clubs;

(4) Hospitals and hospices;

(5) Intermediate care and skilled nursing facilities;

(6) Medical and dental offices;

(7) Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient-care facilities;

(8) Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:

(a) Administrative offices;

(b) Automobile parking lots and parking garages;

(c) Housing for students, employees and their families in accordance with the standards of the MU Zone;

(d) Helistop [see § 205-91J(1)];

(e) Incinerators and autoclaves [see § 205-91J(2)];

(f) Lodging facilities for patients and their families;

(g) Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility);

(h) Retail sales of medical/health care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings; and

(i) Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers, or the public regarding health care issues;

J. Specific requirements for selected accessory uses:

(1) Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards; and

(2) Incinerators and autoclaves. Only the processing of waste generated on-site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leak- and vectorproof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.

§ 205-92 Junkyards.

A. Within the MI Zone, junkyards are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Minimum lot area: 10 acres;

C. The outdoor area devoted to the storage of junk shall be completely enclosed by a minimum eight-foot-high, sight-tight fence or wall which shall be set back at least 50 feet from all property lines;

D. The setback area between the fence and the lot lines shall be kept free of junk storage, weeds and all scrub growth and shall be devoted to landscaping and/or screening in accordance with § 205-40 of this chapter;

E. All buildings used to store junk shall be completely enclosed and set back at least 50 feet from all property lines;

F. No material may be stored or stacked exceeding a height of eight feet or so that it is visible from adjoining properties and roads;

G. All additional federal and state laws shall be satisfied;

H. All junk shall be stored or arranged so as to permit access by firefighting equipment with vehicle access lanes of no less than 12 feet in width spaced no more than 500 feet apart at the greatest separation distance. Such access lanes shall be kept free from obstruction at all times;

I. The manner of storage and arrangement of junk, and the drainage facilities of the premises shall prevent the accumulation of stagnant water upon the premises and no inflammable liquid shall be permitted to remain in any junked container, whether the container is a separate item or is an integral part of, another item, at any time.

J. No material shall be burned at any time;

K. Junkyards shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, mosquitoes or other vectors;

L. No junk shall be located on land with a slope in excess of 5%; and

M. No junk yard shall be located within 200 feet of any land within the LDR or MU Zones.

§ 205-93 Drop lot or drop and hook lot.

A. Within the BI Zone, drop lots and/or drop and hook lots are permitted by conditional use as an accessory use to a truck terminal or truck stop, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Such use must be an accessory use to an approved truck terminal or truck stop principal use and must be located on the same tract and/or lot of land as such principal use which is permitted by right, by special exception or by conditional use;

C. Such use must comply with all of the provisions of § 205-128 (for truck or freight terminal) if the drop lot is an accessory use to a truck or freight terminal. or § 205-129 (for truck stop);

D. Such use must comply with all of the provisions of § 205-129 (for truck stop) if the drop lot is an accessory use to a truck stop;

E. No trailers shall be stored overnight on the drop lot and/or drop and hook lot portion of the tract.

§ 205-94 Kennels.

A. Within the A Zone, kennels are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The following/lists minimum required lot sizes and required setbacks based upon the number of animals kept:

Type and Number of Animals Kept	Minimum Required Lot Area (acres)	Minimum Required Setback of Unenclosed Animal Boarding Buildings, Pens, Stalls, Runways, and Running Areas from the Nearest Property Line (feet)
1 dog to 50 dogs	5	150
1 to a maximum of 200 animals, other than dogs	5	150
1 dog to 50 dogs, plus 1 to a maximum of 200 animals, other than dogs	5	150
More than 50 dogs	10	300
More than 51 dogs, plus more than 200 animals, other than dogs	10	300

C. The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in the referenced and incorporated ordinance pursuant to § 205-35 of this chapter;

D. The applicant must furnish a plan for the storage and disposal of deceased animals within 24 hours of an animal's death;

E. The applicant must demonstrate evidence of compliance with the Pennsylvania Dog Law;[1]

[1] Editor's Note: See 3 P.S. § 459-101 et seq.

F. The applicant must explain measures to be used to ensure that all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions; and

G. The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations with particular attention to those pesticides, insecticides and detergents used.

§ 205-95 Man-made lakes, dams, ponds, and impoundments.

A. Within any zone, man-made lakes, dams, ponds, and impoundments are permitted as accessory uses by right, subject to the following:

B. All lakes, dams, ponds, and impoundments located along, and connected to, a stream that involve any of the following, shall require a permit from the PA DEP, Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

(1) The lake, dam, pond, or impoundment contains a volume of at least 50 acre feet;

(2) The dam reaches a height of 15 feet; and

(3) The lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres.

(4) Those uses that do not exceed the preceding thresholds are subject to the requirements listed in § 205-106 of this chapter.

C. All such lakes, dams, ponds, and impoundments shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining property line to the maximum anticipated water surface elevation.

D. All lakes, dams, ponds, and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways Division of Waterways and Stormwater Management.

E. All other lakes, dams, ponds, and impoundments require the submission of a statement and seal by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of 1.5 feet above the water surface elevation occurring during the base flood.

F. All lakes, dams, ponds, and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.

G. Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.

H. Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

§ 205-96 Mobile home parks.

A. Within the MU Zone, mobile home parks are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The minimum parcel size for any mobile home park development shall be five acres;

C. The maximum permitted density shall be limited to six units per net acre;

D. Each single mobile home lot shall contain no less than 4,200 square feet, and be at least 40 feet wide;

E. No mobile home lot shall be within 25 feet of a park boundary, or within 50 feet of an outside street right-of-way. This area shall constitute the mobile home park boundary area;

F. No mobile home park office or service building shall be located within 30 feet of a park boundary or an outside street right-of-way; nor within 30 feet of the right-of-way of an interior park street, or the paved edge of a common parking area or common walkway; nor within 30 feet of an adjacent structure or mobile home;

G. Each mobile home shall have a minimum front yard of 20 feet, rear yard of 15 feet, and two sides of 10 feet each. In no case shall the distance between any two mobile homes be less than 20 feet;

H. A paved on-site walkway of a minimum width of four feet shall be provided to each mobile home unit from an adjacent street;

I. Except as required herein, streets, curbs and sidewalks shall be constructed in accordance with the SALDO;[1]

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

J. All roads in the park shall be private access drives and shall be paved with a bituminous or concrete surface at least 20 feet wide. If on-street parking is proposed an additional width of eight feet shall be required for each lane of parking;

K. Each mobile home lot shall abut on a park access drive with access to such access drive. No direct access to any mobile home lots shall be from public streets or highways;

L. Each mobile home space shall contain no more than one mobile home, nor more than one family;

M. No less than 10% of the total mobile home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required mobile home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area;

N. Each mobile home stand shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply;

O. Protective skirting shall be placed around the area between the stand surface and the floor level of each mobile home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions;

P. No recreation vehicle, travel or vacation trailer or other form of temporary living unit shall be placed upon any mobile home stand or used as a dwelling within the mobile home park;

Q. Serviced accessory buildings:

(1) Construction. All service and accessory buildings, including management offices, storage areas, laundry buildings, and indoor recreation areas shall conform to the requirements of any applicable building code, and such shall be maintained so as to prevent deterioration caused by decay, corrosion, termites, or other destructive elements. Attachments to mobile homes in the form of sheds and lean-tos are prohibited;

(2) Mobile home park office. Every mobile home park shall have an office on-site for the mobile home park manager. Every mobile home park containing 15 or more mobile home spaces shall have a structure designed and clearly identified for such office;

(3) Storage space. Occupants of each mobile home unit shall be provided with a minimum of 150 cubic feet of storage space in an individual storage building placed to the rear of each mobile home; and

(4) Use. Service and accessory buildings located in a mobile home park shall be used only by the occupants of the same and their guests.

R. Each mobile home shall be provided with a minimum of two paved parking spaces which shall be located on the mobile home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served;

S. Each mobile home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support. Every mobile home shall be anchored to the mobile home pad where it is located, prior to the unit being occupied, and no more than seven days from the arrival of the mobile home. The anchoring system shall be designed by a registered professional engineer to prevent tilting of the unit, and resist a minimum wind velocity of 90 miles per hour; and

T. All mobile home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the special exception application.

§ 205-97 Manure storage facilities.

A. Within the C and A Zones manure storage facilities that are accessory to an agricultural or horticultural use are permitted by right subject to the following requirements:

B. The applicant shall submit written evidence from a professional engineer licensed to practice within the Commonwealth of Pennsylvania, that the design and construction of the manure storage facility shall be in accordance with the Pennsylvania Department of Environmental Protection's publication Manure Management Manual for Environmental Protection, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection;

C. The applicant shall furnish evidence of his/her manure management plan, as applicable under state law. All subsequent operations and activities shall be conducted in accordance with such plan;

D. All manure storage facilities shall be operated and maintained in accordance with the Pennsylvania Department of Environmental Protection's publication Manure Management Manual for Environmental Protection, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection; and

E. Any design changes during construction or subsequent operation will require the issuance of another zoning permit subject to the applicable regulations of this section.

§ 205-98 Mass transit and/or taxicab terminals.

A. Within the BI Zone, mass transit and/or taxicab terminals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. The applicant shall submit a traffic impact study in accordance with § 205-38 of this chapter;

C. The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed, off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces, if demand increases. The applicant shall also present credible evidence that the number of oversized, off-street parking spaces provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

D. The subject property shall have a minimum of 200 feet of contiguous road frontage along an arterial road;

E. The subject property shall be located no closer than 200 feet from any LDR or MU Zones and/or property containing a school, day care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

F. All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line;

G. Access driveways shall be a minimum of 24 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

H. Trash and recycling receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, an acceptable working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant;

I. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations, shall be permitted;

J. The outdoor storage of unlicensed and uninspected vehicles is prohibited;

K. The applicant shall submit qualified evidence that the proposed use will comply with applicable air quality standards;

L. The demolition or junking of vehicles is prohibited. Demolished vehicles and/or parts thereof, shall be removed within 30 days after arrival;

M. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the noise standards of the referenced and incorporated ordinance pursuant to § 205-35 of this chapter; and.

N. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 205-99 Medical residential campuses.

A. Within the MU Zone, medical residential campuses are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old, or possess some handicap that can be treated within a setting like the medical residential campus;

C. The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques;

D. Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers;

E. Commercial, medical and recreational uses shall be grouped together and located near the populations being served;

F. The minimum land area devoted to the campus shall be 10 contiguous acres;

G. The site shall front on and have access to a collector or arterial road;

H. All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 50 feet from all lot lines of the campus property;

I. The maximum permitted overall density is 10 dwelling units per acre. For purposes of this section, any two care beds associated with a medical use shall constitute one dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds. For the purposes of this section, "care beds" shall be defined as any bed where a resident of the medical residential campus may sleep that is not part of a dwelling unit upon which the maximum permitted density is computed. Examples of care beds would include, but not be limited to those associated with medical and/or nursing care, or those associated with congregate or communal living quarters;

J. All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property;

K. The maximum permitted height is 50 feet, provided that for buildings exceeding 35 feet in height, the minimum setback from each lot line is equal to the height of the structure, with each one foot above 35 feet in height requiring two feet in additional setback from each lot line;

L. No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces;

M. Each off-street parking lot shall provide at least 10% of the total parking spaces as those designed for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required;

N. Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community will be permitted. Uses may include, but need not be limited to the following:

(1) Dwelling, nursing homes, and congregate living facilities for the elderly or physically handicapped;

(2) Medical facilities including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;

(3) Commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area; and

(4) Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, or visitors.

O. The applicant must comply with all state requirements at all times.

§ 205-100 Methadone treatment facility.

A. Within the MI Zone, methadone treatment facilities are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. An methadone treatment facilities shall not be permitted to be located within 1,000 feet of any other methadone treatment facilities;

C. No methadone treatment facilities shall be located within 1,000 feet of any land within the LDR and MU Zones;

D. No methadone treatment facilities shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1) Amusement park;

(2) Camp (for minors' activity);

(3) Child-care facility;

(4) Church or other similar religious facility;

(5) Community center;

(6) Museum;

(7) Park;

(8) Playground;

(9) School; or

(10) Other lands where minors congregate.

E. The distance between any two methadone treatment facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any methadone treatment facilities and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use.

§ 205-101 Mining, quarrying and related processing operations.

A. Within the MI Zone, mining, quarrying and related processing operations, including the recycling of related materials, are permitted by conditional use provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter (except as may be limited by § 205-3D of this chapter) including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. General. Quarries and mineral extraction-related uses including the recycling of related materials operations:

(1) May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2) May not adversely affect any public or private water supply source;

(3) May not adversely affect the logical, efficient, and economical extensions of public services, facilities and utilities throughout the Township;

(4) May not create any significant damage to the health, safety, welfare of the Township and its residents and property owners;

(5) 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 quarry operation; and

(6) Must demonstrate compliance with all applicable state regulations at all times.

C. Site plan requirements. As a part of each application the applicant shall furnish an accurately surveyed site plan on a scale no less than 1:2400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

(1) The boundaries of the proposed land affected, together with the drainage area above and below the area.

(2) The location and names of all streams, roads, railroads and utility lines on or immediately adjacent to the area.

(3) The location of all buildings within 1,000 feet of the outer perimeter of the area affected and the names and addresses of the owners and present occupants.

(4) The purpose for which each building is used.

(5) The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.

D. Minimum lot area: 50 acres.

E. Fencing.

(1) Operations that have a highwall, as defined herein, 15 feet, or higher, shall be required to enclose the actual area of mining with a minimum eight-foot-high chain-link fence and like latching gates. Operations with no highwalls, or highwalls of less than 15 feet high, shall be required to enclose the area of mining with a minimum 47 inches high minimum 11 gauge woven wire fence that has openings no larger than six inches in any direction and has posts at intervals of no more than 10 feet. All woven wire fences shall be equipped with latching minimum six bar tube or panel gates, at vehicular access points;

(2) All gates shall be latched at times when the site is unattended. The Township will accept departures from the above-described fence/gate specifications, only if the applicant can demonstrate that the proposed fence/gate will achieve an equal or higher level of protection;

(3) Along all fences, the applicant will be required to post and maintain "No Trespassing" and/or "Danger" signs at intervals of no less than one sign per each 100 lineal feet of fence/gate. Such signs shall be no larger than two square feet per sign and shall not be posted higher than five feet above grade. All fences/gates shall be maintained in good condition and shall not be allowed to become deteriorated or unsightly;

(4) There shall be no advertising placed upon the fencing/gate, except as may be permitted in § 205-41 of this chapter;

F. Setbacks. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:

Setbacks
Quarry-Related Feature	Existing Residence	Existing Nonresident- ial Building	LDR or MU Zone	Adjoining Road	Public/Nonprofit Park	Cemetery or Streambank	Adjoining Property
Stockpiles or spoil piles	300 feet	300 feet	300 feet	100 feet	100 feet	100 feet	100 feet
Mineral processing equipment (e.g., crushers, sorters, conveyors, dryers, etc.)	300 feet	300 feet	300 feet	100 feet	100 feet	100 feet	100 feet
Quarry pit	300 feet	300 feet	300 feet	100 feet	300 feet	100 feet	100 feet
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities	300 feet	300 feet	300 feet	100 feet	100 feet	100 feet	100 feet
Other operational equipment, structures and/or improvements	300 feet	300 feet	300 feet	100 feet	100 feet	100 feet	100 feet

G. Vehicular access. Vehicular access shall be arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.

(1) All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curb line or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.

Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
25	240
30	275
35	315
40	350
45	426
50	475
55	550

(2) All access drives serving the site shall have a paved, minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot long, gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

(3) In general, access drives shall intersect public streets at 90° as site conditions permit, however in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

H. Traffic impact. The applicant shall furnish a traffic impact study prepared in accordance with § 205-38 of this chapter.

I. Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219, as may be amended.[1] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. A planting plan shall also be required for areas of the reclaimed site that are not to be underwater. Such plan shall demonstrate the covering of the site with sufficient arable soil that can stabilize the site with a vegetative ground cover that prevents excessive soil erosion and will support a mix of indigenous vegetation. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.

[1] Editor's Note: See 52 P.S. § 3301 et seq.

J. Buffering and screening. A minimum 100-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. All uses shall be screened from adjoining roads and properties. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the subject property and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc. generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. Along any adjoining property line and road shall be located a minimum ten-foot wide landscape screen. Such landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of deciduous and evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen trees and shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be located outside of the fence required by § 205-101E of this chapter and must be permanently maintained.

K. Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer, setting forth all of the following:

(1) The name or number of the operation;

(2) The location of the operation with reference to the nearest public road;

(3) A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc;

(4) The name and address of the landowner or his duly authorized representative;

(5) An annual report of the type and quantity of mineral produced;

(6) The current status of the reclamation work performed in pursuance of the approved reclamation plan;

(7) A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance, and that such needed repairs and/or maintenance has been performed; and

(8) Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the Pennsylvania Department of Environmental Protection.

L. Water restoration. In accordance with Section 11(g) of the Pennsylvania Noncoal Surface Mining and Conservation and Reclamation Act, any mining/processing operation that affects a public or private water supply due to contamination, interruption, or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the affected supply.

M. Maximum permitted height. No piling of spoiled materials and/or waste materials shall exceed a height of 50 feet above the natural unexcavated grade. Such pilings must be periodically and sufficiently covered with earth and the seed of a year-round ground cover in order to achieve a stable condition.

§ 205-102 Storage unit centers.

A. Within the BI Zone, storage unit centers are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. One off-street parking space shall be provided for each 50 storage units, plus two per any residential use associated with an on-site manager;

C. Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane;

D. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately-owned recreation vehicles, so long as such external storage area is screened from adjoining land within the LDR and MU Zones and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles;

E. Except as noted above, all storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above;

F. Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited;

G. No door openings for any storage unit shall be constructed facing any property within the LDR and MU Zones;

H. Storage unit centers shall be used solely for the dead storage of property. The applicant shall adequately demonstrate that all storage unit centers rental and/or use contracts shall specifically prohibit the following examples of uses expressly prohibited upon the site:

(1) Auctions, commercial wholesale or retail sales, or garage sales;

(2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

(3) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

(4) The establishment of a transfer and storage business; and

(5) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations;

I. The storage unit centers will be surrounded by a six-foot- to eight-foot-high fence; and

J. All outdoor lights shall be shielded to direct light and glare only onto the site and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. The applicant shall demonstrate compliance with § 205-29 of this chapter.

§ 205-103 Entertainment facilities.

A. Within the MU Zone, entertainment facilities are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. No part of the subject property shall be located within 200 feet of any land within the LDR Zones, and the location of the structure within which entertainment events take place shall be located at least or more than 200 feet of any property line of any residential use;

C. All entertainment events shall be strictly confined to the interior of the facility or structure, unless applicant is granted special permission by the Board of Supervisors for any entertainment events to take place outdoors (including on any patio or deck) of the property where the entertainment facility is located;

D. The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation;

E. The applicant shall furnish evidence as to how the use will be controlled as to comply with § 205-29 of this chapter;

F. The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to loitering outside the building; and

G. An acceptable working plan for the cleanup and recycling of litter shall be furnished and implemented by the applicant.

§ 205-104 Noncommercial keeping of livestock.

A. Within the C, A, LDR, and MU Zones, the noncommercial keeping of livestock, as defined herein, is permitted by right as an accessory use to a principal residence subject to the following requirements:

B. Minimum lot area. All uses shall comply with the minimum lot area requirements within each respective zone; however, in no case shall a lot contain less than 1/2 acre for Group 1 animals, one acre for Group 2 animals, and three acres for Group 3 animals. Additionally, the following list specifies additional requirements by size of animals kept. [C and A only] The keeping of a combination of animal types (Group 1, 2 and 3) shall require an animal density equal to the ratio of the number of animals, by type. In no case shall a lot contain more than 18 total animals:

(1) Group 1. Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of three per 1/2 acre, with a maximum number of 18 animals; provided, however, that the maximum number of animals shall be four within the LDR and MU Zones, and no roosters shall be permitted in the LDR and MU Zones;

(2) Group 2. Animals whose average adult weight is between 10 and 100 pounds shall be permitted at an animal density of two per acre, with a maximum number of 10 animals; and

(3) Group 3. Animals whose average adult weight is greater than 100 pounds shall be permitted at an animal density of one per one acre of pasture. For purposes of this section, "pasture" shall mean grass or similar fields that are enclosed by a fence or similar enclosure. The area of the pasture shall only include such enclosed, grass areas.

C. The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock; should one structure be used to house a combination of animal types, the most restrictive setback shall apply:

(1) Group 1 animals. The applicable setback for accessory structures in the zone, but in no event less than a twenty-five-foot setback.

(2) Group 2 and Group 3 animals. A fifty-foot setback in all instances.

D. All structures used to house noncommercial livestock shall be fitted with a durable floor surface that can withstand the wear associated with the weight and movement of livestock without failure (portable storage shed floors are generally unsuitable for such purposes) and shall be prohibited from placement in the front yard;

E. All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface and enclosed with fencing to prevent the escape of the animals;

F. The applicant shall furnish evidence of an effective means to dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture; and

G. All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

§ 205-105 Nursing, rest or retirement homes.

A. Within the MU Zone, nursing, rest or retirement homes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2):

B. Minimum lot area: two acres;

C. All parking areas shall be set back a minimum of 25 feet from all property lines abutting residential dwellings or uses. All off-street parking and/or loading areas shall be screened from adjoining lots and streets;

D. A nursing, rest or retirement home may erect one sign no larger than eight square feet in size, which must be set back 10 feet from all lot lines;

E. Both public sewer and public water shall be utilized;

F. At least 10% of required parking spaces shall be designed for handicapped persons; and

G. No more than 27 care beds per acre shall be permitted.

§ 205-106 Ornamental ponds and wading pools.

A. Within any zone ornamental ponds and wading pools are accessory uses permitted by right, subject to the following criteria:

B. Such uses shall comply with all side and rear yard accessory use setbacks, and principal front yard setbacks;

C. No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons). No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;

D. All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments," and are subject to the criteria listed in § 205-95 of this chapter;

E. All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and

F. No such pond(s) shall be used for the commercial hatching of fish or other species.

§ 205-107 Short-term rentals.

A. Within the C and A Zones, agricultural short-term rentals are an accessory use to a principal agricultural use permitted by right, subject to the criteria set forth in § 205-107C through 205-107K.

B. Within all Township Zones except the LDR Zone, residential short-term rentals are an accessory use to a principal residential use permitted by right, subject to the criteria set forth in 205-107C through 205-107K.

C. The applicant seeking to utilize their property as a short-term rental, whether under agricultural or residential, shall obtain a zoning permit from the Township, establishing the applicant has complied with all zoning requirements related to the use, including those criteria contained in this § 205-107. Such zoning permit shall be renewed on an annual basis.

D. The applicant provides proof of insurance to cover the property as a rental use, and not just as a residential use or an agricultural use. For clarification purposes, the Township shall require additional insurance, subject to the Township's discretion, to cover any damages or injuries that might be occasioned by individuals staying at short-term rentals.

E. The applicant provides proof of adequate screening procedures to screen all individual applicants applying to rent a short-term rental, whether under residential or agricultural.

F. The owner of the property at which the short-term rental will be located and operated, shall use such property where short term renters will stay, as his or her primary residence.

G. For residential short-term rentals, the applicant shall provide one off-street parking space per room rented.

H. For any short-term rental, the applicant shall provide or otherwise establish that any structure in which short-term renters will occupy complies with the Uniform Construction Code and has an occupancy certificate. This expressly includes agricultural short-term rentals and any barn or similar outbuilding in which short term renters may sleep. Such structures shall meet all applicable building, health, fire and related safety codes at all times, and include working smoke and carbon monoxide detectors. Emergency evacuation routes must be posted in a conspicuous location for each rented structure or room, as applicable.

I. Any septic systems servicing a structure in which short-term rentals will occur, and in which short-term renters will occupy, must be up to current Township standards and be inspected by the Township SEO for compliance.

J. Short-term rentals shall only be permitted in permanent, legally established structures. Short-term rentals shall not be permitted in nonhabitable or temporary structures, including without limitation tents, yurts, RVs, or similar structures.

K. Applicant shall, if awarded the right to operate a short-term rental, pay all taxes occasioned by such rental use, including all local, county, state and federal taxes.

§ 205-108 Outdoor residential athletic courts.

A. Within the C, A, MU and LDR Zones, outdoor athletic residential courts are an accessory use to a residence permitted by right, subject to the following criteria:

B. All courts shall either be setback a sufficient distance from any lot line to prevent the trespass of balls or other play objects onto adjoining properties or be equipped with fences or other barriers that will prevent such trespass; and

C. Any lighting fixtures shall comply with § 205-29 of this chapter.

§ 205-109 Outdoor shooting ranges (public and private).

A. Within the C, A and MU Zones, private outdoor shooting ranges are an accessory use to a residence permitted by right, provided that any and all discharges of firearms comply with all applicable federal, state and local laws, rules and regulations regarding the discharge of a firearm, expressly including direction of shooting and required setbacks. Firearms may only be discharged, for private outdoor shooting range purposes, between the hours of one hour after official sunrise and one hour preceding official sunset, except for Sunday, which shall have limited time for discharge between the hours of noon and one hour preceding official sunset.

B. Within the C, A and MU Zone, public outdoor shooting ranges are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows (this § 205-109 shall not apply to any shooting range, or similar use, erected on private property for which the public is not freely allowed access and use, with or without a fee):

C. The applicant shall submit a detailed written description of the methods used to ensure that outdoor shooting range operations:

(1) Do not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2) Do not substantially damage the health, safety or welfare of the Township, or its residents and property owners;

(3) Comply with all applicable federal, state and local laws, rules and regulations regarding the discharge of a firearm;

(4) Store ammunition only in an approved secure vault;

(5) Limit the number of shooters to the number of firing points or stations identified on the development plan;

(6) Require all shooters to satisfactorily complete an orientation safety program given in accordance with the Pennsylvania Game Commission, or show a valid hunting permit or gun permit, before they are allowed to discharge firearms without supervision;

(7) Prohibit the consumption of alcoholic beverages within the area approved as the shooting range; and

(8) Limit firing to the hours between one hour after official sunrise and one hour preceding official sunset, unless sufficient lighting is used, in accordance with § 205-29 of this chapter, in which case all shooting shall cease by 9:00 p.m.;

D. A development plan shall identify the safety fan for each firing range. The "safety fan" shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet, and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan;

E. The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall, red letters on a white background shall be posted at a maximum of 100-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!";

F. Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan;

G. All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials;

H. All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back a minimum of 100 feet from the property line and street right-of-way;

I. The applicant shall present credible evidence that the sounds of shooting comply with § 205-30 of this chapter;

J. Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats; and

K. No part of a shooting range property shall be located within 1/4 mile of any land within a LDR and MU Zones.

§ 205-110 Parking and/or storage of recreational vehicles and personal cargo trailers.

A. The parking and/or storage of recreational vehicles, travel trailers, boats, and personal cargo trailers used solely for the transport of the residents' personal property is permitted only according to the following requirements:

(1) For purposes of this section, recreational vehicles, travel trailers, boats (including trailers), and personal cargo trailers used solely for the transport of the residents' personal property are divided into two separate categories, as follows:

(a) Class I vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other personal cargo trailers used solely for the transport of the residents' personal property that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

(b) Class II vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other personal cargo trailers used solely for the transport of the residents' personal property that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

(2) (Reserved)

(3) Upon any property used as a principal residence, the storage of one Class I vehicle shall be permitted per lot behind the front yard building setback line, so long as the unit is set back no less than five feet from any adjoining side and rear lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.

(4) Within the C, A, LDR, and MU Zones, the storage of one Class II vehicle on any property used for a principal residence, is permitted, subject to the following requirements:

(a) In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

(b) All vehicles shall be set back a horizontal distance equal to twice the vehicle's height from every side and rear lot line.

(c) No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.

(d) Screening shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot and stores the vehicle on an adjacent vacant lot that he/she owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.

(e) All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.

§ 205-111 Passenger motor vehicle and recreational vehicle sales, service and repair facilities.

A. Within the BI Zone, passenger motor vehicle and recreational vehicle sales, service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shop are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2), and specifically as follows:

B. All service and/or repair activities shall be conducted within a completely enclosed building;

C. All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

D. No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded, as part of the service or repair operation, shall be permitted;

E. All exterior vehicle storage areas shall be screened from adjoining roads and any adjoining land within an LDR and MU Zone;

F. The storage of vehicles to be serviced on the property without current registration is prohibited;

G. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within the an LDR or MU Zone;

H. All vehicles shall be repaired and removed from the premises promptly and no vehicle shall remain on the site for more than 45 days unless it is stored within a completely enclosed building;

I. The demolition or junking of motor vehicles is prohibited; and

J. The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 205-112 Power generation facilities.

A. Within the BI Zone, power generation facilities as a principal use are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. (Reserved)

C. Any processing and/or treatment of materials (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.

D. No materials or waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line, and 500 feet of any adjoining land within the LDR, A, C and MU Zones.

E. Any external area used for the unloading, transfer, storage, or deposition of material or waste must be completely screened from 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 a minimum eight-foot-high fence, with no openings greater than two inches in any direction.

F. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable State and Federal standards and regulations.

G. The use shall be screened from all adjoining land within the (LDR and MU) Zones or any adjoining land containing a residential use.

H. All uses shall provide sufficiently long stacking lanes into the facility, so that waiting vehicles will not back up onto public roads.

I. All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

J. Access to the site shall be limited to those posted times when an attendant is on duty. All areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.

K. The unloading, processing, treatment, transfer, and disposal of material/waste shall be continuously supervised by a qualified facility operator.

L. Any waste 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. These containers shall be stored within a completely enclosed building.

M. All storage of material or waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more 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.

N. A contingency plan for the disposal of waste during a facility shutdown, shall be submitted to the Township.

O. All structures shall be set back at least a distance equal to their height.

P. 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.

Q. If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality 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. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1) Calculations of the projected water needs;

(2) A geologic map of the area with a radius of at least one mile from the site;

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7) 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

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study;

R. The applicant shall provide a qualified traffic impact study in accordance with § 205-38 of this chapter.

S. The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste or materials during transport to and from the site, and potential hazards regarding firefighting of waste or materials upon the site.

T. Power generation systems may be erected as detached structures or attached to a building provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the I Zone.

U. Power generation systems may be erected as detached structures or attached to a building provided that the structural components of such systems comply with all applicable setbacks of the I Zone.

V. The following provisions shall specifically apply to geothermal systems:

(1) Only closed loop geothermal systems shall be permitted;

(2) Prior to installation, all installation specifications and drawings for the geothermal system must be certified by a registered engineer within the Commonwealth of Pennsylvania as conforming to the International Ground Source Heat Pump Association (IGSHPA) installation standards;

(3) The vertical geothermal system well (or wells) installation will be made only by a Pennsylvania-licensed well driller;

(4) No geothermal system subsurface loops will be located closer than 20 feet from any existing or planned drinking water wells;

(5) The vertical loop in a geothermal system well (or wells) shall be pressure-grouted bottom to top with a bentonite-based or cement-based material of 0.0000001 centimeter per second or lower permeability;

(6) With respect to each geothermal system well installation, the Pennsylvania-licensed well driller and/or system installer shall provide to the Township, before activation of the system copies of:

(a) Accurate written records and a written geologic log;

(b) Accurate records with respect to grouting for each such well;

(c) As-built plans and related documentation for each such system and well location;

(d) Written documentation of the geothermal system testing and certification; and

(e) A written plan for the operation of the geothermal system proposed by the applicant and approved by the system installer which, among other matters, provides that any geothermal system leaks or releases will be reported by the applicant (and subsequent owner) to the Township Zoning Officer within 24 hours of the discovery of same, and the applicant (and subsequent owner) covenants and agrees to take appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks; and

(7) In the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Township for its approval by the landowner prior to the conveyance by the landowner of the land to any third party.

W. Aboveground power generation systems shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white or gray. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

X. On-site electrical transmission and power lines connected to or associated with the alternate energy system that are not contained within a building shall be located underground.

Y. Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Z. The applicant shall provide written evidence that the proposed power generation system shall comply with the noise standards listed in § 205-32 of this chapter.

AA. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the power generation system.

BB. The applicant shall provide written evidence from the Chief of the "first-due" fire company that the proposed use can be adequately protected and that, if necessary, a suitable emergency response plan has been implemented to serve the proposed use.

CC. The design and installation of the power generation system shall conform to applicable industry standards, including those of the American National Standards Institute and the Uniform Construction Code and be subject to all applicable permit requirements thereof as well as all other applicable laws, codes and regulations.

DD. The applicant shall submit a written plan for the removal of the power generation system once it is no longer operational in accordance with the following:

(1) The applicant/owner shall, at its expense, complete decommissioning of the power generation system within 12 months after the end of the useful life of the system. The system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

(2) The removal of the aboveground power generation system components shall be completed within 12 months of decommissioning of the system. All disturbed earth shall be restored, graded and reseeded unless a zoning permit has been issued for another use to take its place.

(3) The landowner or facility operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by the Township.

(4) An independent and certified professional engineer may be retained by the Township to inspect the decommissioning of the power generation system. All such inspection fees shall be paid by the landowner.

(5) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable by the Township.

(6) If the applicant/owner fails to complete decommissioning during the prescribed period of 12 months, the Township may take such measures as necessary to complete decommissioning in accordance with the laws of the Township and the Commonwealth of Pennsylvania.

(7) The Township may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the removal plan.

(8) The applicant shall, at all times, maintain on file with the Township Zoning Officer, the current name and contact information of the party responsible for the operation and maintenance of the power generation system.

§ 205-113 Principal waste handling, recycling, processing, transfer and disposal facilities.

A. Within the BI Zone, principal waste handling, recycling, processing, transfer and disposal facilities are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building;

C. No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line, and 500 feet of any adjoining land within the LDR, A, C and MU Zones;

D. Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from 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 a minimum eight-foot-high fence, with no openings greater than two inches in any direction;

E. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;

F. The use shall be screened from all adjoining land within the LDR and MU Zones;

G. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads;

H. All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

I. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations;

J. Litter control shall be exercised to prevent the scattering of wind-borne debris, and an acceptable working plan for the cleanup of litter shall be submitted to the Township;

K. The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator;

L. Any waste 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. These containers shall be stored within a completely enclosed building;

M. All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more 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;

N. A contingency plan for the disposal of waste during a facility shutdown, shall be submitted to the Township;

O. Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required, and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations;

P. All structures shall be set back at least a distance equal to their height;

Q. 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.

R. If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality 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. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1) Calculations of the projected water needs;

(2) A geologic map of the area with a radius of at least one mile from the site;

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7) 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

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study.

S. The applicant shall provide a qualified traffic impact study, as described in § 205-38 of this chapter; and

T. Any use where diesel operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

U. The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site.

§ 205-114 Public, private, and commercial schools.

A. Within the C, A, and MU Zones, public and private schools are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as provided below.

B. Within the MU Zone, commercial schools are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as provided below.

C. All buildings shall be set back at least 100 feet from any adjoining land within the MI or BI Zones.

D. No part of a public or private school property shall be located within:

(1) One thousand feet of a property containing an adult-related facility, methadone treatment facility, casino, off-track betting parlor, slot machine parlors;

(2) Five hundred feet from a truck or motor freight terminal, truck stop or warehousing and wholesale trade establishments;

(3) Three hundred feet of an automobile filling station; or

(4) Two hundred feet from a mass transit or taxicab terminal.

E. If education is offered below the college level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a six-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).

F. Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.

G. Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

§ 205-115 (Reserved)

§ 205-116 Recycling facilities for paper, plastic, glass, and metal products.

A. Within the MI and BI Zones, recycling of paper, glass and metal products is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. All operations, including collection shall be conducted within a completely enclosed building;

C. There shall be no outdoor storage of materials and/or wastes processed, used or generated by the operation;

D. The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with fumes and dust;

E. The applicant shall demonstrate compliance with § 205-35 of this chapter, including any referenced and incorporated ordinance;

F. The applicant shall be required to submit a written working plan to assure regular maintenance of the site to immediately collect stray debris and litter.

§ 205-117 Residential swimming pools.

A. Within any zone, a swimming pool is an accessory use to a residence permitted by right, subject to the following criteria:

B. Swimming pools and any related improvements (e.g., sidewalks, decking, pumps, equipment, etc.) shall not be located within the front yard and shall be setback in accordance with the applicable zones' accessory setback requirements, but in no event shall such setbacks be less than at least 25 feet from any side or rear lot lines.

C. Except as noted in § 205-117F of this chapter, all pools shall be entirely enclosed with a continuous, non-climbable rigid fence or wall. Such fence shall be erected before the pool is filled with water.

D. The required fence or wall shall have a minimum height of four feet. No openings shall be permitted between the various fence components that would allow the passage of a four inch diameter object through such opening. No openings shall be permitted between the fence or wall and the ground that would allow the passage of a two-inch-diameter object through such opening.

E. The exterior side of the required fence or wall must rise approximately perpendicular from the ground and shall not contain steps or any protrusions or recessions which could aid in the climbing of the fence or wall.

F. Where the swimming pool is located aboveground, the sides of the pool may be considered as part of the fence required to enclose the pool, provided that the pool walls are at least four feet in height and have a retractable ladder.

G. The required fence or wall shall be equipped with a self-latching gate, which shall be locked or secured at all times when the swimming pool is unattended.

H. All pools must use operable filtration and an effective antibacterial agent (e.g., chlorine, bromine, ozone, etc.)

I. All pools must adhere to the strictest minimum requirements of the UCC and the Township Building Code.

J. All pools which are no longer in service or functionally obsolete, expressly excluding nonsummer periods when a pool is winterized, must be removed within three months from the date the pools ceases operation.

§ 205-118 Riding stables.

A. Within the C, A and MU Zones, riding stables are permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. Minimum lot area: 10 acres.

C. Any structure used for the boarding of horses shall be set back a minimum of 100 feet from all lot lines.

D. All stables shall be maintained so to minimize odors perceptible at the lot line.

E. All areas and facilities used for training shall be set back a minimum of 50 feet from all lot lines.

F. All outdoor training, show, riding, boarding, and pasture areas shall be enclosed by a fence with a minimum height of four feet. Said fence shall be located a minimum of 10 feet from all lot lines. All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface and enclosed with fencing to prevent the escape of the animals.

G. Required parking will be determined based upon the types of activities proposed and § 205-34 of this chapter. Specifically with respect to parking, the applicant shall demonstrate that adequate parking facilities exist in form and number to accommodate all anticipated activities as they occur, taking into consideration the highest number of employees at a given time, the highest number of visitors at a given time, the seasonal or permanent nature of each event and the number of events which can occur simultaneously on the property. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.

H. Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such back-ups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion.

I. All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines.

J. All structures used to house livestock shall be fitted with a durable floor surface that can withstand the wear associated with the weight and movement of horses without failure and shall be prohibited from placement in the front yard (portable sheds are generally considered unsuitable for such purposes).

K. The applicant shall furnish evidence of an effective means to dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture.

L. All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.

M. The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations with particular attention to those pesticides, insecticides and detergents used.

§ 205-119 Roadside stands.

A. Within the C and A Zone roadside stands, as defined herein, for the seasonal sale of agricultural products are permitted by right as an accessory use to an agricultural or horticultural use, subject to the following requirements:

B. Roadside stands shall not exceed 300 square feet of total display area;

C. Roadside stands must be located at least 20 feet from the right-of-way line and must have at least three off-street parking spaces;

D. A maximum of two signs will be permitted each of which shall not exceed eight square feet in total area, nor exceed a maximum height of 15 feet. Signs shall only be displayed during seasons when the roadside stand operates;

E. Any structure must be located at least 50 feet from any side or rear property line;

F. No structures housing a roadside stand or accompanying parking area may be located within 100 feet of any intersecting street rights-of-ways; and

G. No more than one roadside stand per property shall be permitted.

§ 205-120 (Reserved)

§ 205-121 Rural occupations.

A. Within the C, A and MU Zones rural occupations, as defined herein, are permitted by right as an accessory use to a single family detached dwelling unit, subject to the following requirements:

B. Only one rural occupation may be conducted on the same property as the owner's principal residence and shall not exceed the area of the principal residence's ground floor or 1,000 square feet, whichever is the lesser.

C. A rural occupation shall only be conducted within one completely enclosed outbuilding that satisfies at least one of the following:

(1) The building will remain the same size and in the same location as it existed on the effective date of this chapter; or

(2) The building is limited to one story in height or 20 feet, whichever is lesser, is no larger than the square footage that comprises the principal residence's main grade level, is located in the rear yard of the principal residence, and is set back at least 50 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings.

D. In no case shall any new rural occupation building be constructed before the owner resides on the subject property. In addition, rural occupations may only be conducted so long as the sole owner of the business resides on the site.

E. In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation and/or other accessory uses.

F. All off-street parking and loading spaces shall be screened from adjoining roads and properties;

G. No outdoor storage or display shall be permitted except that one commercial truck of not more than 11,000 pounds gross vehicle weight may be parked behind the principal residence, so long as it is screened from adjoining roads and properties.

H. One nonilluminated sign not exceeding eight square feet shall be permitted and must be set back at least 10 feet from all property lines.

I. No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to or from the site. The applicant shall furnish a written and sworn statement regarding the expected numbers of vehicle trips associated with the proposed use.

J. Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street that serves the principal residence. No additional roadway connections shall be permitted.

K. Only residents of the site may be employed in the rural occupation. For the purposes of this section, "employees" shall be defined as those involved in the on-site conduct of the rural occupation.

L. Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m. No rural occupation shall be conducted on Sundays.

M. No manufacturing, mechanical, or industrial use shall be permitted which causes any noise, odor, glare, fume, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at or beyond the line of the nearest residential lot. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances, shall be permitted, except for wastewater treatment.

N. Any area devoted to retail sales display shall be limited to 20% of the overall size of the rural occupation.

O. The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized, and further, that such means is part of the same system in use for the principal residence.

P. The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Cumberland County, which have been contracted to dispose of the materials and wastes used, or generated, on-site or some other legal means of disposal. The zoning permit for this use shall remain valid, only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the rural occupation change in the future, such that the materials used, or wastes generated, changes significantly, either in type or amount, the owner of the rural occupation shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

Q. In any use where the public is permitted into any building pursuant to the rural occupation, such building or structure shall be outfitted in compliance with all UCC requirements, including ADA compliance and regulations for access, ramps, parking, and restrooms.

§ 205-122 Sales of compost, mulch, woodchips and coal.

A. Within the A, MI and BI Zones the sale of compost, mulch, woodchips and coal is permitted by special exception provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and specifically as follows:

B. (Reserved)

C. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.

D. All loading/unloading, storage and processing of materials shall be located at least 200 feet from any property line and 500 feet from any LDR and MU Zone.

E. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles will not back up onto public roads. In addition, the design of such use must require all vehicles to exit the site in a forward direction.

F. All access drives onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot long gravel section shall be placed just beyond the preceding 100-foot paved section to help collect any mud that may have attached to a vehicle's wheels.

G. All areas of the site used for the loading/unloading, storage and processing of materials shall be fitted with a durable impervious ground cover which is designed to collect and recycle any leachate.

H. Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations. The applicant must describe leachate disposal methods to be used.

I. All vehicle and processor repair and maintenance activities shall be conducted within a completely enclosed building.

§ 205-123 Satellite dish antennas.

A. Within any zone, freestanding or attached satellite dish antennas of up to one meter (39.4 inches) in diameter are permitted by right as an accessory use to a single dwelling unit, subject to the following requirements:

(1) All freestanding residential installations must comply with all residential accessory use requirements specified within the zone.

(2) All freestanding installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(3) All installations shall be securely anchored to prevent detachment during foul weather conditions.

(4) No transmission of video format data shall be permitted.

(5) Residential properties shall contain no more than two such devices.

(6) The allowance of a satellite dish antenna shall in no way place any liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties, and not the Township;

B. In any zone, freestanding or attached satellite dish antennas larger than one meter (39.4 inches) up to 12 feet in diameter are permitted by right as an accessory use subject to the following requirements:

(1) All applications must include certification by a commonwealth-registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished if applicable;

(2) All freestanding installations must include screening treatments located along the antenna's non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna. Required screening shall consist of evergreen plantings that provide 80% visual blockage of the area between ground level and a height of six feet along the antenna's nonreception window axes. Required low-level ornamental landscaping shall consist of vegetative materials that are planted with sufficient density to form an enclosure with the required screening, around the base of the antenna. Ornamental landscaping height will be determined by the installation's required elevation alignments. The adjoining diagrams present illustrative examples of a required screening and landscaping treatment. All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any property line;

(3) No transmission of video format data shall be permitted;

(4) Freestanding installations shall be confined to the side or rear yard and the satellite dish antenna must be set back at least the horizontal distance equal to its maximum height, from all side and rear property lines; and

(5) Any granting of a special exception for a satellite dish antenna shall in no way place any liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties, and not the Township.

C. In any MI and BI Zone, satellite dish antennas as principal uses are permitted by right, subject to the following criteria:

(1) All installations shall comply with the area, height, bulk and setback standards imposed upon principal uses;

(2) All applications must include certification by a commonwealth-registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished, if applicable;

(3) All ground-mounted installations shall be screened from any adjoining properties. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the adjoining property;

(4) Those ground-mounted installations used to transmit video format data shall be completely enclosed by an eight-foot-high fence. Such fence shall include signs warning of dangerous radiation levels, must be screened from adjoining properties, and must be locked at all times. This screening requirement can be waived if the fence is set back a distance at least five times the diameter of the satellite dish antenna, from the adjoining property; and

(5) The allowance of a satellite dish antenna(s) shall in no way place any liability upon the Township for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties, and not the Township.

§ 205-124 Sawmills.

A. Within the C, A, and MI Zones, sawmills are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. No material shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any land within an LDR and MU Zone;

C. All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads;

D. Litter control shall be exercised to prevent the scattering of wind-borne debris, and an acceptable working plan for the cleanup of litter shall be submitted.

E. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site; and

F. The applicant must demonstrate compliance with § 205-35 of this chapter, including any referenced or incorporated ordinance.

G. Any use where diesel operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

§ 205-125 Septage and compost processing.

A. Within the MI Zone, septage and compost processing are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Any processing, loading, storage, and packaging operations, specifically excluding a municipal composting facility, must be conducted within a completely enclosed building that is leak- and vector-proof;

C. The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;

D. The use shall be screened from all roads and adjoining properties;

E. All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads;

F. All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding 100-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

G. The unloading, processing and transfer of septage and compost shall be continuously supervised by a qualified facility operator;

H. Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations;

I. If the facility is to rely upon non-public sources of water, a water feasibility study will 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. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1) Calculations of the projected water needs;

(2) A geologic map of the area with a radius of at least one mile from the site;

(3) The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4) The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5) The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6) Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7) 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

(8) A statement of the qualifications and the signature(s) of the person(s) preparing the study;

J. A minimum 100-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip;

K. 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 the 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

L. Any structure used for the storage, loading, processing and/or packaging of compost shall be set back at least 300 feet from all property lines, and 500 feet from any adjoining land within the LDR, A, C and MU Zones. In addition, any ventilation outlets must be oriented away from any land within the LDR, A, C and MU Zones.

§ 205-126 Shopping centers.

A. Within the BI Zone, shopping centers are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The initial approval of the shopping center shall require conditional use review. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use; however, in reviewing such pad sites the Township will consider the worst case scenario of building site envelope and potential uses when evaluating the conditional use application. Any subsequent substitution of use within the shopping center shall be permitted by right so long as the proposed use is permitted and does not require amendment of the site plan approved by the original conditional use. Future uses to be substituted that require separate conditional use approval, shall follow such review and approval processes. Future uses that require amendment of the site plan shall require conditional use approval under § 205-162C of this chapter;

C. Shopping centers shall front on an arterial or collector road. Drive-through lanes for any use contained within the shopping center shall connect only to internal access drives and parking lots. Access drives serving all shopping centers shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street;

D. In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with any nearby areas, even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas;

E. If bus service is available, or at any time that bus service become available to the shopping center in the future, all shopping centers must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree;

F. Shopping centers with more than 200 parking spaces must integrate a designated location for a minimum of 20 park and ride off-street parking spaces that is readily identifiable and conveniently accessible to passing motorists. Such park and ride spaces can include those spaces required to serve the shopping center and shall be designed, signed, lighted and maintained in accordance with § 205-34 of this chapter;

G. The applicant's site plan shall clearly depict the proposed locations and dimensions of all on-site circulation improvements which must demonstrate safe vehicular and pedestrian movements both upon and abutting the subject property;

H. A traffic impact study shall be submitted by the applicant, in accordance with § 205-38 of this chapter;

I. The applicant shall demonstrate an adequate means of sewage disposal and water supply;

J. Off-street parking and loading shall be provided in accordance with §§ 205-34 and 205-33, respectively, of this chapter;

K. The proposed shopping center design shall comply with the applicable regulations contained within the following table:

Shopping Center Design Requirements
Standard/Zone	HC
Required lot area	Minimum: 2 acres;
Minimum required lot width	200 feet at the building setback line and street line
Minimum required lot depth	N/A
Required minimum yard setbacks	The following lists required setbacks between features of the shopping center and perimeter lot lines; no specific setbacks are required between buildings located upon the shopping center site except those that may be required by the ISO (as defined herein) or by the Pennsylvania Uniform Construction Code
Front, as measured from street ROW	10 feet for buildings and structures (except permitted signs) and for off-street parking; no off-street loading, or dumpsters are permitted within the front yard
One side	10 feet for buildings and structures (except permitted signs), off-street parking and loading spaces and dumpsters
Both sides	20 feet for buildings and structures (except permitted signs) off-street parking and loading spaces and dumpsters
Rear	10 feet for all buildings, structures, off-street parking and loading spaces and dumpsters
Minimum required setback from LDR and MU Zones as measured to closest point of area devoted to the use	200 feet
Maximum permitted impervious lot coverage	See § 205-18E of this chapter
Maximum permitted building height	See § 205-18G of this chapter

L. The applicant shall submit written expert evidence that demonstrates compliance with the lighting requirements of § 205-29 of this chapter;

M. The applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of § 205-40 of this chapter. Such plans shall include but not be limited to details depicting:

(1) Landscape buffers and screens used to protect adjoining residential zones and residential uses, riparian and wetland buffers in accordance with §§ 205-136 and 205-137 of this chapter, respectively;

(2) Screening used to prevent the spillage of headlights onto adjoining properties;

(3) Typical interior landscape island treatments;

(4) Typical landscape strip treatments; and

(5) Landscape treatments at the shopping center access drives' intersections with streets.

N. The applicant shall submit a sign plan that demonstrates compliance with Table 3 of § 205-41 of this chapter regulating planned center signs.[1] Once approved as part of the conditional use review, any subsequent substitution of sign that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs will require shall require conditional use approval.

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

§ 205-127 Slaughtering, processing, rendering, and packaging of food products and by-products.

A. Within the MI Zone, slaughtering, processing, rendering, and packaging of food products and their by-products are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Minimum lot area: five acres;

C. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;

D. All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;

E. All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;

F. The applicant shall furnish an acceptable written working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines, and which shall be continuously implemented;

G. The applicant shall furnish an acceptable written working plan for the regular cleanup and disposal of all animal wastes, so as not to be objectionable at the site's property line;

H. The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;

I. The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels. The applicant must demonstrate those methods that will be used to comply with § 205-35 of this chapter, including any referenced or incorporated ordinance;

J. The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;

K. No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within a LDR and MU Zone;

L. All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip;

M. The applicant shall demonstrate an adequate means of sewage disposal and water supply. Public sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines;

N. Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PADEP regulations;

O. All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;

P. The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations;

Q. The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road;

R. The applicant shall furnish a traffic impact study prepared by a professional traffic engineer, in accordance with § 205-38 of this chapter; and

S. Any use where diesel operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

§ 205-128 Truck or motor freight terminals.

A. Within the BI Zone, truck or motor freight terminals are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken by a certified independent air testing firm during peak use periods of the day. Upon approval of the conditional use, terminal owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the property and at a distance of 75 feet from the terminal building. Terminals not in compliance with National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Township with a plan within 60 days for reducing PM 2.5 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2.5 levels have been reached or be subject to applicable enforcement remedies provided by this chapter.

C. The applicant shall furnish a traffic impact study, prepared by a professional traffic engineer, in accordance with § 205-38 of this chapter;

D. The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road;

E. The subject property shall be located no closer than 500 feet from any LDR and MU Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

F. All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to street;

G. Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

H. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

I. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties;

J. The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

K. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

L. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system and any other use of the property will not violate § 205-32 of this chapter;

M. The applicant shall demonstrate compliance with § 205-29 of this chapter;

N. The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted;

O. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations; and

P. Any use where diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

§ 205-129 Truck stops.

A. Within the BI Zone, truck stops are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken by a certified independent air testing firm during peak use periods of the day. Upon approval of the conditional use, truck stop owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the property and at a distance of 75 feet from the terminal building. Truck stops not in compliance with National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Township with a plan within 60 days for reducing PM 2.5 emissions to acceptable levels. Upon approval of that plan, the truck stop will have 90 days to provide evidence that satisfactory PM 2.5 levels have been reached or be subject to applicable enforcement remedies provided by this chapter.

C. The applicant shall furnish a traffic impact study, prepared by a professional traffic engineer, in accordance with § 205-38 of this chapter;

D. The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road;

E. The subject property shall be located no closer than 500 feet from any LDR and MU Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

F. All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to street;

G. Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

H. Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop according to § 205-34 of this chapter. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

I. All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties;

J. The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

K. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

L. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system and any other use of the property will not violate § 205-32 of this chapter;

M. The applicant shall demonstrate compliance with § 205-29 of this chapter;

N. The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

O. An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant;

P. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations;

Q. Any use where diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

§ 205-130 Two-family conversions.

A. Within the C, A and LDR Zones, a detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 3,000 square feet, may be converted by special exception into two dwelling units provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-151C(2) and within the MU Zones, a detached single-family dwelling that existed on the effective date of this chapter, and contained (at that time) at least 3,000 square feet, may be converted by right into two dwelling units provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and both as specifically as follows:

B. The applicant shall obtain approval from the Township SEO for increased usage of septic systems, and applicant shall further furnish evidence that an approved system of water supply and sewage disposal will be utilized;

C. No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted;

D. All floors above and/or below grade shall have direct means of escape to ground level;

E. Four off-street parking spaces shall be provided; however, such uses may share the same driveway provided that vehicles entering and/or exiting the property are unimpeded by a parking space; and

F. The applicant shall obtain any required land development approvals.

§ 205-131 Warehouses and distribution centers.

A. Within the BI Zone, warehousing and wholesale trade establishments are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1) The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2) Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use comply with applicable laws and ordinances, including but not limited to those listed in Article IV of this chapter; and

(3) A traffic impact study prepared by a professional traffic engineer, according to the SALDO § 178-18G(5), or successor section.[1]

[1] Editor's Note: See Ch. 178, Subdivision and Land Development.

C. The subject property shall have a minimum lot area of five acres and a minimum lot width of 300 feet. A maximum lot coverage of 70% shall be permitted if the warehouse or distribution center is served by public water and public sewer.

D. The maximum building height may be increased by one foot for every two feet by which the building exceeds applicable minimum yard requirements, up to maximum building height of 50 feet.

E. Any use where diesel-operated trucks periodically congregate will have in place an anti-idling policy, with a maximum idling time per truck of five minutes.

F. The use shall provide sufficiently long stacking lanes and onsite loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking areas or loading/unloading areas shall be permitted within 50 feet of any public street right-of-way line.

G. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with arterial roads or new streets that are proposed, designed and constructed to serve the distribution center or warehouse.

H. The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or collector road.

I. Buildings, access drives, parking areas, staging areas and loading/unloading areas on the subject property shall be located no closer than:

(1) Five hundred feet from the Township's A, LDR, and MU Zones and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus; and

(2) Two hundred feet from a residential use that is located in any other zoning district.

J. All buildings shall be set back at least 50 feet from any street right-of-way line.

K. Access driveways shall be a minimum of 28 feet, as measured at the street right-of-way line (unless a different width is required by PennDOT as part of the highway occupancy permit process), and a maximum of 35 feet wide, as measured at the throat of the access drive. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges.

L. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.

M. Vehicle service, fueling and/or repair activities shall be prohibited. Accessory forklift service and/or repair activities shall be permitted within a completely enclosed building.

N. The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.

O. The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.

P. Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system and any other use of the property will not violate § 205-35 of this chapter, including any referenced or incorporated ordinance.

Q. The applicant shall demonstrate compliance with § 205-35 of this chapter, including any referenced or incorporated ordinances.

R. The parking, storage, staging and/or loading/unloading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, staging and/or loading lots or areas shall be permitted.

S. The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

T. Buffer yards shall comply with the provisions of § 205-40 of this chapter, except that:

(1) Buffer yards shall be increased to 200 feet along adjoining lands as follows: i) in the C, A, LDR, and MU Zones, ii) along adjoining residential uses that are located in any other zoning district, and iii) along any land adjoining a neighboring municipality;

(2) Within the buffer yards adjoining such zones or residential uses, the screen plantings required for vegetative screens shall meet all applicable screening requirements; provided, however, applicant shall provide for and install an earthen berm having a maximum slope of three feet of run to one foot of rise and a minimum height of 15 feet above grade; and

(3) Stormwater management facilities may be located within buffer yards.

§ 205-132 Wind and/or solar farms.

A. Within the C Zone, wind and/or solar farms (as defined herein) are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

B. Within the MU Zone, solar farms (as defined herein) are permitted by conditional use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B and specifically as follows:

C. The applicant shall prepare and submit a narrative and mapping describing the proposed wind and/or solar farm including:

(1) An overview of the project;

(2) The project location;

(3) The approximate generating capacity of the wind and/or solar farm;

(4) The approximate number, representative types and height or range of heights of wind turbines and/or solar panels to be constructed, including their generating capacity, dimensions and respective manufacturers;

(5) A description of accessory facilities;

(6) An affidavit or similar evidence of agreement between the property owner(s) and the applicant demonstrating that the applicant has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind and/or solar farm;

(7) A listing and map of the properties on which the proposed wind and/or solar farm will be located, and the properties adjacent to where the wind and/or solar farm will be located;

(8) A site plan showing the planned location of each wind turbine, solar panel, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind and/or solar farm to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

D. The applicant shall demonstrate with credible expert evidence that:

(1) To the extent applicable, the wind and/or solar farm shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142;

(2) The design of the wind and/or solar farm shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations;

(3) Each of the proposed wind turbines 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. Stall regulation shall not be considered a sufficient braking system for overspeed protection;

(4) All electrical components of the wind and/or solar farm shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards;

(5) Wind turbines shall be a nonobtrusive color such as white, off-white, gray or some color similar to the background of the proposed wind turbine;

(6) Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;

(7) Wind turbines and solar panels shall not display advertising, other than an incidental insignia of the turbine manufacturer;

(8) On-site transmission and power lines shall, to the maximum extent practicable, be placed underground;

(9) A clearly visible warning sign concerning voltage must be placed at the base of all at-grade transformers and substations;

(10) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of each guy wire and along each guy wire up to a height of 10 feet from the ground. The applicant shall also submit an acceptable working plan for the regular inspection of such guy wires and replacement of any needed flags, reflectors, or tape;

(11) Wind turbines shall be designed and constructed to be nonclimbable up to 15 feet above ground surface;

(12) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by unauthorized persons;

(13) Wind turbines shall be setback the following distances as measured from the center of the wind turbine base to the nearest point of the respective feature listed below:

Feature	Minimum setback
Occupied building on site	Turbine height plus 10 feet
Aboveground utility line right-of-way	Turbine height plus 10 feet
Adjoining property	1.5 times turbine height
Adjoining road right-of-way	1.5 times turbine height
Ridge: the elongated crest or series of crests at the uppermost point of intersection between opposite slopes of a mountain and including all land lying between such point and an elevation 250 feet below the elevation of such point	Turbine height

(14) The minimum height of a wind turbine shall be such that there shall be maintained a minimum of 15 feet ground clearance, as measured between the closest ground surface to the tip of the blade at its lowest turning movement;

(15) The maximum height of a wind turbine shall be 50 feet, as measured from the ground surface to the tip of the blade at its highest turning movement;

(16) The applicant shall be responsible for the prompt repair and maintenance of all roads used to transport equipment and parts for construction, operation or maintenance of the wind and/or solar farm. The applicant shall prepare an engineering report that documents road conditions prior to construction and again within 30 days after construction is complete or as weather permits. Such reports shall be reviewed by the Township Engineer; any discrepancies shall be mediated by a third engineer selected by mutual acceptance by the applicant's and Township's engineers. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads and the Township may bond the road in compliance with state regulations;

(17) The applicant shall provide a copy of the project summary and site plan as required in § 205-132B to the Township Emergency Management Coordinator. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind and/or solar farm acceptable to the Township Emergency Management Coordinator prior to the issuance of a zoning permit for the proposed use;

(18) Audible sound from a wind and/or solar farm shall not exceed 55 dBA, as measured at the following minimum distances. Methods for measuring and reporting acoustic emissions from the wind and/or solar farm shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

(a) A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the nearest principal building of a property owner who has agreed to locate the proposed wind and/or solar farm upon his/her property;

(b) A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the adjoining property line of property owner who has not agreed to locate the proposed wind and/or solar farm upon his/her property; and

(c) A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the right-of-way of any street.

(19) The surface area of a ground-mounted solar energy system, regardless of the mounted angle of any solar panels, shall be considered part of and calculated in the lot coverage of the lot on which the system is located. The surface area of a ground-mounted solar energy system shall not exceed 3% of maximum lot coverage of the lot. For panels that self-adjust, the lot coverage of each solar panel shall be calculated at that angle with the greatest horizontal exposure.

E. The applicant shall make reasonable efforts to minimize shadow flicker and to avoid any disruption or loss of radio, telephone, television or similar signals. The applicant shall mitigate any such harm caused by the wind and/or solar farm on any adjoining property whose owner has not agreed to locate the proposed wind and/or solar farm upon his/her property.

F. The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates of insurance coverage shall be made available to the Township each year that the wind and/or solar farm operates.

G. The applicant shall be responsible for the removal of the wind and/or solar farm in accordance with the following requirements:

(1) The applicant shall, at his/her expense, complete removal of the wind and/or solar farm, or individual wind turbines and solar panels, within 12 months after the end of the useful life of the wind and/or solar farm or individual wind turbines and solar panels. The wind and/or solar farm or individual wind turbines and solar panels will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2) Removal shall include the elimination of wind turbines and solar panels, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(3) Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(4) An independent and certified professional engineer shall be retained to estimate the total cost of removal ("removal costs") without regard to salvage value of the equipment, and the cost of removing net salvage value of the equipment ("net removal costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter at the applicant's and/or any successor's expense.

(5) The applicant shall post and maintain removal funds in an amount equal to net removal costs, provided that at no point shall removal funds be less than 25% of removal costs. The removal funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

(6) Removal funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

(7) If the applicant fails to complete removal within the period prescribed by § 205-132G(1) of this chapter, then the landowner shall have six months to complete removal.

(8) If neither the applicant, nor the landowner complete removal within the periods prescribed by Subsection G(1) through (7) of this section, then the Township may take such measures as necessary to complete removal. The entry into and submission of evidence of a participating landowner agreement to the Township in accordance with § 205-132C(6) of this chapter shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the removal plan.

(9) The escrow agent shall release the removal funds when the applicant has demonstrated and the municipality concurs that removal has been satisfactorily completed, or upon written approval of the municipality in order to implement the removal plan.

H. All owners of property upon which a wind and/or solar farm is installed shall be required to acknowledge in writing to the Township that the approval of the wind and/or solar farm shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

(1) The right to remain free of shadows and/or obstructions to solar or wind energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

(2) The right to prohibit the development on, or growth of any trees or vegetation on, such property.